Mississippi Court of Appeals

Hand Down Lists
September 19, 2000

09/19/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Thomas, James E.
X 1998-KA-01108-COA

Walters, Jerry Alton Jr. a/k/a Jerry Alton Walters a/k/a Jerry A. Walters, Jr. v. State of Mississippi Forrest Circuit Court; LC Case#: 19780; Ruling Date: 06/03/1998; Ruling Judge: Richard McKenzie; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Forrest County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Concur. McMillin, C.J., Not Participating.


Thomas, James E.
X 1999-KA-00413-COA

Ficklin, Vincent B. v. State of Mississippi Scott Circuit Court; LC Case#: 5016; Ruling Date: 02/15/1999; Ruling Judge: V. Cotten; Majority Opinion: Thomas, J. Disposition: The judgment of the Scott County Circuit Court of conviction of possession of cocaine and sentence of eight (8) years in the custody of the Mississippi Department of Corrections and fine of $1,500 is affirmed. Scott County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Concur.


Thomas, James E.
X 1999-KA-01650-COA

Boyles, Ricky v. State of Mississippi Choctaw Circuit Court; LC Case#: 990052; Ruling Date: 08/27/1999; Ruling Judge: Joseph Loper, Jr.; Majority Opinion:Thomas, J. Disposition: The judgment of the Circuit Court of Choctaw County of conviction of Count I of aggravated assault and sentence of fifteen (15) years with five (5) years suspended; Count II of possession of a firearm by a convicted felon and a sentence of three (3) years, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. Appellant taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Concur. McMillin, C.J., Not Participating.


Thomas, James E.
X 1999-CA-01701-COA

Mitchell, Debbie (Reynolds) v. Eddie Mitchell DeSoto Chancery Court; LC Case#: 9901104; Ruling Date: 07/27/1999; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Thomas, J. Disposition: The judgment of the Chancery Court of DeSoto County is reversed and remanded for a hearing on the issues of temporary custody and temporary child support consistent with the terms of this opinion. Appellee taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Concur. McMillin, C.J., Moore, J., Not Participating.


Payne, Mary Libby
X 1999-KA-00569-COA

Graves, Patrick a/k/a Patrick Alexander Graves v. State of Mississippi Simpson Circuit Court; LC Case#: 98-61-K; Ruling Date: 02/05/1999; Ruling Judge: Robert Evans; Majority Opinion:Payne, J. Disposition: The judgment of the Simpson County Circuit Court is reversed and remanded for a new trial. Simpson County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Thomas, J., Concur.


Payne, Mary Libby
XX 1999-KA-01003-COA

Trull, Troy a/k/a Troy Ghoston v. State of Mississippi Carroll Circuit Court 2nd District; LC Case#: 2109; Ruling Date: 11/09/1998; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Payne, J. Disposition: The judgment of the Carroll County Circuit Court of conviction of one count of sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections and fine of $5,000 is affirmed. Sentence imposed shall run consecutively to any sentence previously imposed. Carroll County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Thomas, J., Concur. McMillin, C.J., Not Participating. Dissenting Opinion: Irving, J.


Myers, William H.
X 1999-KA-01087-COA

Craig, Betty Jo a/k/a Betty Joe Mix Craig a/k/a Betty Mix v. State of Mississippi DeSoto Circuit Court; LC Case#: 98-107; Ruling Date: 12/08/1998; Ruling Judge: George Ready; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of two counts of obtaining a controlled substance by fraud and sentence of six years on each count with sentences to run consecutively is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. Irving, J., Dissents Without Separate Written Opinion.


Myers, William H.
X 1999-WC-01366-COA

Fisher, James v. Empire Gas, Inc. of Columbus, Mississippi and National Union Fire Insurance Company Lowndes Circuit Court; LC Case#: 99062; Ruling Date: 08/04/1999; Ruling Judge: Lee Howard; Majority Opinion: Myers, J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Moore, Dudley Rook, III
X 1998-KA-01087-COA

Clark, David v. State of Mississippi Sunflower Circuit Court; LC Case#: 970296; Ruling Date: 05/27/1998; Ruling Judge: W. Hines; Majority Opinion: Moore, J. Disposition: The judgment of the Sunflower County Circuit Court of conviction for felony shoplifting, sentence of five years in the custody of the Mississippi Department of Corrections, and fine of $1,000 is hereby affirmed. Sunflower County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Thomas, J., Concur.


Moore, Dudley Rook, III
X 1998-CA-01882-COA

Turner, Andre v. State of Mississippi Simpson Circuit Court; LC Case#: 98-0208; Ruling Date: 12/14/1998; Ruling Judge: Robert Evans; Majority Opinion: Moore, J. Disposition: The judgment of the Simpson County Circuit Court denying post-conviction relief is hereby affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Myers, J., Payne, J., Thomas, J., Concur. Irving, J., Concurs in result only.


Lee, L. Joseph
X 1999-KA-01115-COA

Moore, Darris Eugene v. State of Mississippi Lee Circuit Court; LC Case#: CR8-294; Ruling Date: 11/05/1998; Ruling Judge: Frank Russell; Majority Opinion: Lee, J. Disposition: The judgment of the Lee County Circuit Court of conviction of murder and sentence to life in the custody of the Mississippi Department of Corrections is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
X 1999-KA-00022-COA

Rodgers, Everett a/k/a Everett F. Rodgers v. State of Mississippi Yazoo Circuit Court; LC Case#: 7528; Ruling Date: 01/04/1999; Ruling Judge: Jannie Lewis; Majority Opinion: Irving, J. Disposition: The judgment of the Yazoo County Circuit Court on change of venue to Madison County of conviction on Count I of manslaughter and sentence of twenty (20) years; Count II of conviction of aggravated assault and sentence of fifteen (15) years with said sentence to run consecutive to the sentence in Count I for a total of thirty-five years is affirmed. Yazoo County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
X 2000-CP-00139-COA

Tate, Carl v. State of Mississippi Lowndes Circuit Court; LC Case#: 99-095CV1; Ruling Date: 11/22/1999; Ruling Judge: John Montgomery; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lowndes County denying Appellant's post-conviction relief is affirmed. Lowndes County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1999-KA-00299-COA

Wiseman, Myles a/k/a IgenTroy Stewart a/k/a Kerry Johnson v. State of Mississippi Grenada Circuit Court; LC Case#: 980029; Ruling Date: 01/21/1999; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Grenada County of conviction of uttering a forgery and sentence of fifteen years in the custody of the Mississippi Department of Corrections as a habitual offender, is affirmed. This sentence is to run consecutively to any sentence previously imposed. Grenada County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. McMillin, C.J., Not Participating.


Bridges, Billy G.
X 1999-KA-01563-COA

Bell, Stacy D. v. State of Mississippi Leake Circuit Court; LC Case#: 99-CR-033-LE; Ruling Date: 09/14/1999; Ruling Judge: Marcus Gordon; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Leake County of three counts of uttering forgery with a sentence of three years on Count I, a sentence of three years on Count II to run consecutively to sentence in Count I, a sentence of two years on Count III to run consecutively with the sentences on Counts I and II, all in the custody of the Mississippi Department of Corrections is affirmed. Leake County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. McMillin, C.J., Not Participating.


Bridges, Billy G.
X 2000-CP-00041-COA

Myers, Michael B. v. State of Mississippi Neshoba Circuit Court; LC Case#: 99-CV-0149-NS; Ruling Date: 09/09/1999; Ruling Judge: V. Cotten; Majority Opinion:Bridges, J. Disposition: The judgment of the Circuit Court of Neshoba County of denial of post-conviction relief is hereby affirmed. Neshoba County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. McMillin, C.J., Not Participating.


King, Leslie D.
X 98-KA-00482-COA

Jones, Derrick v. State of Mississippi Bolivar Circuit Court 2nd District; LC Case#: 8373; Ruling Date: 01/15/1998; Ruling Judge: John Hatcher; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is reversed and remanded for proceedings consistent with this opinion. Bolivar County taxed with costs of appeal. Votes: McMillin, C.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. Southwick, P.J., Concurs in result only.


McMillin, Roger H., Jr.
XXX 1999-CA-00915-COA

Sanderson, Conchetta McNeer v. Robert Buck Sanderson Jones Chancery Court 2nd District; LC Case#: 960743; Ruling Date: 04/27/1999; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Chancery Court of the Second Judicial District of Jones County is affirmed as to the determination that the Appellee's stock holdings were not marital property. The judgment is reversed and remanded for a determination of a suitable amount of alimony consistent with the terms of this opinion. Appellant and Appellee taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Lee, J., Moore, J., Thomas, J., Concur. Myers, J., Not Participating. Dissenting Opinion: Payne, J. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Bridges, J., Joins.


EN BANC
XX 97-CA-01639-COA

Bickham, Ruby Lorene, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham v. Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A. Lauderdale Circuit Court; LC Case#: 93CV153; Ruling Date: 09/25/1997; Ruling Judge: Larry Roberts; Majority Opinion:Southwick, P.J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. Appellants taxed with costs of appeal. Votes: McMillin, C.J., Bridges, J., Moore, J., Myers, J., Concur. Dissenting Opinion: Irving, J. Votes: King, P.J., Lee, J., Payne, J., Thomas, J., Join.


EN BANC
98-CA-00758-COA

Baugh, Mary Joyce v. Barbara Alexander Hinds Circuit Court 1st District; LC Case#: 9553CIV; Ruling Date: 11/19/1997; Ruling Judge: L. Hilburn, Jr.; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.


EN BANC
1998-KA-01091-COA

Seals, Michael a/k/a Michael E. Seals a/k/a Michael Eugene Seals a/k/a BeBop v. State of Mississippi Lauderdale Circuit Court; LC Case#: 00797; Ruling Date: 12/22/1997; Ruling Judge: Larry Roberts; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.


EN BANC
1998-CC-01728-COA

Campbell, James T. v. Mississippi Employment Security Commission and Heilig-Meyers Scott Circuit Court; LC Case#: 98CV0156; Ruling Date: 10/08/1998; Ruling Judge: V. Cotten; Disposition: Appellees' Motion for Rehearing is denied. Southwick, P.J. and Moore, J., would grant. Myers, J., not participating.


EN BANC
1999-KA-00258-COA

Turner, Jason v. State of Mississippi Covington Circuit Court; LC Case#: 3297; Ruling Date: 07/21/1998; Ruling Judge: Robert Evans; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.


EN BANC
1999-KA-00443-COA

Dabney, Moses III v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 941293; Ruling Date: 02/05/1999; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Rehearing is denied. Southwick, P.J. and Myers, J., not participating.


EN BANC
1999-KA-01867-COA

Pryor, Shone a/k/a Shone Craig Pryor v. State of Mississippi Rankin Circuit Court; LC Case#: 11054; Ruling Date: 09/28/1999; Ruling Judge: John Kitchens; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.