Mississippi Court of Appeals

Hand Down Lists
September 23, 1997

09/23/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas. P.J.
U 95-CA-01116-COA

Griffin, Dwight, Greg Cosgrove, Allen Cosgrove and Susan Cosgrove as Natural Aunt and Next Friend of Brad Cosgrove and Joel Cosgrove v. Thomas A. Feduccia, M.D. and Oscar J. Briseno, M.D. Appeal No. 940022 from Judgment dated JULY 20, 1995, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court is affirmed. Costs of this appeal are assessed to the appellants. Diaz, J., concurs in result only. Bridges, C.J.and McMillin, P.J., not participating


Leslie H. Southwick. J.
U 95-KA-01219-COA

Henderson, Kefus v. State of Mississippi Appeal No. 8415 from Judgment dated NOVEMBER 14, 1995, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court of conviction for possession of a firearm by a convicted felon is affirmed; the sentence is reversed and the cause is remanded for resentencing consistent with this opinion. All costs of this appeal are assessed against Neshoba County. McMillin, P.J., not participating


Mary Libby Payne. J.
U 95-KA-00845-COA

Morris, Marcus a/k/a Marcus F. Morris v. State of Mississippi Appeal No. 22877 from Judgment dated MAY 21, 1994, Washington County Circuit Court; The judgment of the Washington County Circuit Court of conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Washington County. McMillin, P.J., not participating


Mary Libby Payne. J.
U 96-CC-00763-COA

Grant, Kenneth v. United Parcel Service and Liberty Mutual Insurance Company Appeal No. 951038 from Judgment dated JUNE 07, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are taxed to the appellant. McMillin, P.J., and Herring, J., not participating


Roger H. McMillin. Jr.. P.J.
U 95-KA-01004-COA

Funchess, Dontellus v. State of Mississippi Appeal No. 941371 from Judgment dated SEPTEMBER 08, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of two counts of armed robbery and sentence of twenty-five years with fifteen years suspended and ten years to serve on Count One; sentence of twenty-five years with twenty years suspended and five years to serve on Count Two to run consecutive to Count One in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County


Leslie D. King, J.
U 95-KA-00178-COA

Stewart, Johnny Ray and Roy Glenn Moody v. State of Mississippi Appeal No. 9400109 from Judgment dated JANUARY 19, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court of conviction of Johnny Ray Stewart of Counts I, II, and III, aggravated assault, and three consecutive fifteen year sentences in the custody of the Mississippi Department of Corrections is affirmed. The judgment of the Harrison County Circuit Court of conviction of Roy Glenn Moody of Counts I, II, and III, aggravated assault, and three consecutive fifteen year sentences in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Harrison County. McMillin and Thomas, P.JJ., not participating


Leslie D. King, J.
UU 96-CA-00118-COA

Edwards, Judy L. v. George W. Edwards, Jr. Appeal No. 101958 from Judgment dated JANUARY 02, 1996, Harrison County Chancery Court, First Judicial District; The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are taxed to the appellant. Payne, J., concurs with separate written opinion joined by Herring, J. Thomas, P.J., not participating


James H. Herring. J.
UU 94-KA-01284-COA

Armstrong, Howard Dennis v. State of Mississippi Appeal No. 9210407 from judgment dated September 9, 1994, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court is reversed and remanded for a new trial consistent with the terms of this opinion. All costs of this appeal are taxed to Jackson County. McMillin, P.J., concurs with separate written opinion joined by Bridges, C.J., Thomas, P.J., and Hinkebein and Payne, JJ.


James H. Herring. J.
U 95-CA-01248-COA

Southern Tire Mart, Inc. v. JAM, Inc.; MSLEASECO, a Mississippi Partnership; Vernon Moore, Individually; and Jimmy N. Johnson, Individually Appeal No. 37837 from Judgment dated AUGUST 07, 1995, Rankin County Chancery Court; The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Bridges, C.J., not participating


James H. Herring. J.
U 96-KA-00120-COA

Heffner, Dewayne v. State of Mississippi Appeal No. CR9469 from Judgment dated JANUARY 05, 1996, Panola County Circuit Court, First Judicial District; The judgment of the Circuit Court of Panola County of conviction of two counts of murder and sentence of two life terms in the custody of the Mississippi Department of Corrections with sentences to run consecutively is affirmed. All costs of this appeal are assessed to Panola County. McMillin, P.J., not participating


James H. Herring. J.
96-CA-00375-COA

Hayes Wheels International, Inc. v. James Johnson Appeal No. 9376197 from Judgment dated DECEMBER 22, 1995, Hinds County Circuit Court, First Judicial District; Joint Motion to Dismiss granted and the matter is remanded to the Circuit Court of Hinds County for entry of an agreed order of dismissal. As agreed by the parties, all costs, if any, are assessed to the appellant. Order entered


Oliver E. Diaz. Jr.. J.
U 95-KA-00325-COA

Barnes, Steven Delano a/k/a "Shackey" v. State of Mississippi Appeal No. 3148 from Judgment dated JANUARY 18, 1995, Covington County Circuit Court; The judgment of the Covington County Circuit Court of conviction of armed robbery and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. All costs of this appeal are taxed to Covington County. McMillin, P.J., not participating


Oliver E. Diaz. Jr.. J.
U 95-KA-00661-COA

Winters, Curtis Wayne v. State of Mississippi Appeal No. 6890 from Judgment dated FEBRUARY 20, 1995, Grenada County Circuit Court; The judgment of the Grenada County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections as an habitual offender is affirmed. Sentence imposed shall run consecutively to any sentence previously imposed. Costs are assessed to Grenada County. McMillin, P.J., not participating


Oliver E. Diaz. Jr.. J.
U 95-KA-00940-COA

Green, Milton v. State of Mississippi Appeal No. 14772 from Judgment dated SEPTEMBER 07, 1995, Copiah County Circuit Court; The judgment of the Circuit Court of Copiah County is reversed and rendered. All costs of this appeal are assessed to Copiah County. McMillin, P.J., not participating


Oliver E. Diaz. Jr.. J.
U 96-CC-00103-COA

Sanderson Farms, Inc. and Mississippi Employment Security Commission v. Ricky Myers Appeal No. 94257 from Judgment dated JANUARY 05, 1996, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court vacating its earlier dismissal of the above case is reversed and rendered and the judgment of the Mississippi Employment Security Commission is reinstated. McMillin, P.J., not participating


Thomas A. Coleman. J.
U 94-KA-01229-COA

Bullock, Jessie v. State of Mississippi Appeal No. 933213 from Judgment dated MARCH 29, 1994, Hinds County Circuit Court, First Judicial District; The judgments of the Circuit Court of the First Judicial District of Hinds County of appellant's guilt of aggravated assault and manslaughter, and its sentences to serve ten years in the custody of the Mississippi Department of Corrections for the crime of aggravated assault and twenty years in the custody of the Mississippi Department of Corrections for the crime of manslaughter, both of which sentences are to run concurrently, one with the other, are affirmed. All costs of this appeal are assessed to Hinds County. McMillin, P.J., not participating


Billy Bridges. C.J.
U 95-KA-00264-COA

Moxon, Kenneth Charles v. State of Mississippi Appeal No. CR94328 from Judgment dated MARCH 01, 1995, Lee County Circuit Court; The judgment of the Circuit Court of Lee County of conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections as a habitual offender, with no sentence reduction or suspension nor parole or probation, is affirmed. All costs of this appeal are assessed to Lee County. McMillin, P.J. , not participating


Billy Bridges. C.J.
U 95-CA-00942-COA

Miller, Jerry v. Riley Smith, Ruth Smith, Patricia Smith Mayfield, Sylvia Smith Kahn Zebrowski, Jane Smith Gates, Riley Smith, Jr., and Richard A. Smith Appeal No. 94487 from Judgment dated AUGUST 09, 1995, Lafayette County Chancery Court; The judgment of the Chancery Court of Lafayette County is hereby affirmed. All costs of this appeal are taxed to the appellant


Billy Bridges. C.J.
U 95-KA-01005-COA

Peters, Dalanda C. v. State of Mississippi Appeal No. 8017 from Judgment dated AUGUST 29, 1995, Pearl River County Circuit Court; The judgment of the Pearl River County Circuit Court of conviction of murder and sentence to life in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to appellant


Billy Bridges. C.J.
U 95-CA-01369-COA

Butler, Velma R. and W. C. Butler v. Mississippi Transportation Commission Appeal No 4787 from Judgment dated AUGUST 30, 1995, Webster County Special Court of Eminent Domain; The judgment of the Webster County Special Court of Eminent Domain of compensation in the amount of $44,500 is affirmed. Costs of this appeal assessed to appellants. McMillin, P.J., not participating


Billy Bridges. C.J.
96-CC-01340-COA

Alexander Fabricating Company and BCAMSelf-Insurers' Fund v. Steven 0. Moore Appeal No. 960071 from Judgment dated NOVEMBER 08, 1996,Winston County Circuit Court; Report of Commission Action and motion for dismissal granted. Costs of appeal are taxed to appellants. Order entered


EN BANC
95-KA-00194-COA

Banks, Corey v. State of Mississippi Appeal No.11494 from Judgment dated FEBRUARY 03, 1995, Lincoln County Circuit Court; DISPOSITION -Motion for rehearing denied. Order entered


EN BANC
95-KA-00204-COA

Peters, Anthony Joseph v. State of Mississippi Appeal No. 9327879 from Judgment dated DECEMBER 13, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion to dismiss petition for rehearing granted. Appellant's petition for rehearing dismissed as untimely filed. Order entered


EN BANC
95-KA-00367-COA

Veasley, Herman a/k/a Herman Veasley, Jr., a/k/a "June" v. State of Mississippi Appeal No. 8517 from Judgment dated JANUARY 20, 1995, Coahoma County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
U 95-CC-00606-COA

The Mayor and Board of Aldermen of the City of Pearl, Mississippi v. Mississippi Manufactured Housing Association, Inc Appeal No. 9486 from judgment dated April 19, 1995, Rankin County Circuit Court; The order and judgment of the Rankin County Circuit Court is affirmed. Costs of this appeal area assessed to the appellants. Coleman, J., McMillin and Thomas, P.JJ., Diaz, Herring, King and Southwick, JJ., concur. Bridges, C.J., Hinkebein and Payne, JJ., not participating. Motion to strike and for sanctions denied. Counter-motion to strike and for sanctions of the Mayor and Board of Aldermen of the City of Pearl denied. Order entered


EN BANC
U 95-CA-00609-COA

Lovie's Day Care, Inc. v. City of Vicksburg Appeal No. 940191C1 from Judgment dated MAY 23, 1995, Warren County Circuit Court; The decision of the Mayor and Board of Aldermen of the City of Vicksburg denying Lovie's Day Care, Inc.'s petition to rezone its property and the judgment of the Circuit Court of Warren County affirming that decision are reversed, and judgment is rendered for Lovie's Day Care. All costs of this appeal are taxed to the City of Vicksburg. Coleman, J., Bridges, C.J., McMillin and Thomas, P.JJ., Diaz, Herring, Hinkebein, King, Payne, and Southwick, JJ. , concur. Motion to advance dismissed as moot. Order entered


EN BANC
95-CC-011911-COA

Sanghi, Harishankar Lal v. Mississippi Employment Security Commission Appeal No. 9500112 from Judgment dated SEPTEMBER 18, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing dismissed as untimely filed. Order entered. DISPOSITION -Motion for rehearing to retax costs granted to the extent that the opinion and mandate of the Court shall be corrected to delete any assessment of costs to either party. Order entered


EN BANC
U 95-CC-01262-COA

Pruitt, Annie J. v. Mississippi Employment Security Commission and Pizza Hut Appeal No. 95899 from Judgment dated OCTOBER 02, 1995, Jones County Circuit Court, Second Judicial District; The judgment of the Jones County Circuit Court is affirmed. Coleman, J., Bridges, C.J., McMillin and Thomas, P.JJ., Diaz, Herring, Hinkebein, King, Payne, and Southwick, JJ. , concur


EN BANC
96-CA-00017-COA

Roper, Christal Hall v. John A. Hall Appeal No. 940652 from Judgment dated DECEMBER 07, 1995, Lowndes County Chancery Court; DISPOSITION -Motion for rehearing denied. Order entered


EN BANC
96-CA-00111-COA

First Tower Loan, Inc. v. B. W. Curry, III and J. R. Curry Appeal No. 940049 from Judgment dated MARCH 27, 1996, Forrest County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating


EN BANC
U 96-CC-00137-COA

Harbour, Norma v. Mississippi Real Estate Commission Appeal No. 94384 from Judgment dated DECEMBER 20, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. All costs of appeal are assessed to the appellant. McMillin, P.J., not participating


PER CURIAM
94-CA-00901-COA

Jack Gray Transport, Inc. and Robert C. McComas, Jointly and Severally v. Lois Taylor and Joe Taylor Appeal No. 93067 from Judgment dated JUNE 22, 1994, Monroe County Circuit Court; DISPOSITION - Appellants' motion to file response to finding of fact and conclusions of law granted to the extent that both appellants and appellees may file a response with the court on or before September 19, 1997. Order entered


PER CURIAM
94-KA-00951-COA

Davis, Jr., Louis v. State of Mississippi Appeal No. 7813 from Judgment dated JULY 07, 1994, Hancock County Circuit Court; DISPOSITION -Motion for additional time to file motion for rehearing granted. Appellant shall file his motion for rehearing on or before September 16, 1997. Order entered


PER CURIAM
95-KA-00434-COA

Doss, Jerry Lynn a//a Jerry Lee Doss a/k/a "Lynn" v. State of Mississippi Appeal No. 2909 from judgment dated March 24, 1995, Jefferson County Circuit Court; Motion for time to file motion for rehearing granted. Appellant's motion for rehearing due on or before September 19, 1997. Order entered


PER CURIAM
95-KA-00441-COA

Rankin, Charles Edward a/k/a Boom v. State of Mississippi Appeal No. 2902 from Judgment dated MARCH 24, 1995, Jefferson County Circuit Court; Motion for time to file motion for rehearing granted. Appellant's motion for rehearing due on or before September 19, 1997. Order entered


PER CURIAM
95-KA-00596-COA

Sorrells, Jerry a/k/a Jerry Sorrells II v. State Mississippi Appeal No. CR94050 from Judgment dated MARCH 03, 1995, Itawamba County Circuit Court; DISPOSITION - Motion for leave to file petition for rehearing out of time granted. Order entered


PER CURIAM
95-KA-0074 6-COA

Hoda, Mark Dempsey v. State of Mississippi Appeal No. 7965 from Judgment dated MARCH 29, 1995, Hancock County Circuit Court; DISPOSITION Motion for time to file motion for rehearing granted. Appellant shall file his motion on or before September 16, 1997. Order entered


PER CURIAM
95-KA-01169-COA

Young, Carlos Devon v. State of Mississippi Appeal No. 14708 from Judgment dated NOVEMBER 06, 1995, Pike County Circuit Court; DISPOSITION - Young's motion for release denied. Order entered


PER CURIAM
95-KA-01266-COA

Anderson, Bobby Ray v. State of Mississippi Appeal No. 8029 from Judgment dated AUGUST 02, 1995, Hancock County Circuit Court; DISPOSITION -Motion for additional time to file motion for rehearing granted. Motion for rehearing due on or before September 9, 1997. Order entered


PER CURIAM
95-KA-01323-COA

Wells, Gregory a/k/a One O'Clock v. State of Mississippi Appeal No. 94597CR from Judgment dated DECEMBER 01, 1995, Lowndes County Circuit Court; DISPOSITION - Motion to suspend schedule for filing motion for rehearing until resolution of pending motion to substitute counsel granted. Order entered. Motion for enlargement of time for filing motion for rehearing shall be suspended pending disposition of the motion for appointment of counsel. Order entered. Motion to appoint substitute counsel to file motion for rehearing and petition for certiorari remanded to the Circuit Court of Lowndes County for 30 days for determination of whether counsel should be appointed. Motion to suspend briefing schedule until resolution of pending motion to substitute counsel granted. Order entered


PER CURIAM
96-CA-00051-COA

Dodson, Troy, The Sole Wrongful Death Beneficiary of Christy E. Massie, Deceased, and the Estate of Christy E. Massie, Deceased, by and through Jennifer Hanson, Administratrix of the Estate of Christy E. Massie, Deceased v. General Motors Corporation Appeal No. 950700V from Judgment dated JANUARY 08, 1996, Lowndes County Circuit Court; DISPOSITION - Motion of Appellee, General Motors Corporation, for extension of time to file response to appellant's motion for rehearing granted. Appellee shall file its response on or before September 26, 1997. Order entered


PER CURIAM
96-CA-00070-COA

Mississippi Power & Light Company v. Mississippi State Tax Commission Appeal No. 154263 from Judgment dated JANUARY 10, 1996, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for enlargement of time to file response to motion for rehearing granted. Appellee shall file its response on or before September 23, 1997. Order entered


PER CURIAM
96-KA-00170-COA

Cohen, Rodney Earl and Robert Lee Thomas v. State of Mississippi Appeal No. 8852 from Judgment dated JANUARY 26, 1996, Coahoma County Circuit Court; DISPOSITION - Cohen's petition for reduction of appearance bond denied. Order entered


PER CURIAM
96-KA-00353-COA

Gaines, Jerome Marquis v. State of Mississippi Appeal No. 9500429 from Judgment dated JANUARY 10, 1996, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Motion for bail pending appeal denied. Order entered- Motion for order transferring appeal from the Mississippi Court of Appeals to the Mississippi Supreme Court denied. Order entered


PER CURIAM
96-CA-00634-COA

Alexander, Nancilee Peaks v. Daniel Wayne Alexander Appeal No. 23487 from Judgment dated MAY 21, 1996, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Motion for reconsideration denied. Order entered


PER CURIAM
96-KA-00760-COA

Hutson, Gerald v. State of Mississippi Appeal No. 6687 from judgment dated June 14, 1996, Marion County Circuit Court; Motion to expedite appeal denied. Order entered


PER CURIAM
97-CC-0037l-COA

Hampton, J. Inez v. Color Tile, Inc. and The Home Insurance Company Appeal No. 960034 from Judgment dated FEBRUARY 18, 1997, Bolivar County Circuit Court, Second Judicial District; DISPOSITION -Appellant's motion to supplement record and appellees' motion to supplement record passed for consideration along with the merits of the appeal. Order entered


PER CURIAM
97-CC-00588-COA

Tommy Brooks Oil Company and Federated Mutual Insurance Company v. Charles Warren Leach, Deceased and Larisa Leach Appeal No. CV97016 from Judgment dated APRIL 16, 1997, Lee County Circuit Court; DISPOSITION - Motion to stay briefing schedule dismissed as moot. Motion to strike granted. Appellant's reply brief due on or before September 19, 1997. Appellees' motion to modify the record denied. Order entered


PER CURIAM
97-CC-00875-COA

Lambert, Peggy A. v. Kellwood Company and Liberty Mutual Insurance Company Appeal No. 970012 from Judgment dated JUNE 20, 1997, Lawrence County Circuit Court; DISPOSITION - Motion for recusal passed for consideration. Order entered


PER CURIAM
97-TS-00972-COA

Sunbeam/Oster Company, Inc. and Insurance Company of the State of Pennsylvania v. Helen Bolden Appeal No. M97013 from Judgment dated APRIL 15, 1997, Marshall County Circuit Court; DISPOSITION - Appellee's motion to dismiss denied. Order entered