Mississippi Court of Appeals

Hand Down Lists
October 01, 1996

10/01/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Billy G. Bridges, P. J.
93-KA-01087-COA

Smith, Edward Leon and Allan Dale Tucker v. State of Mississippi Appeal No. 799 from Judgment dated AUGUST 27, 1993, Jasper County Circuit Court, First Judicial District; The judgment of the Jasper County Circuit Court of conviction of Edward Leon Smith of possession of more than an ounce of marijuana with intent to manufacture and sentence of six (6) years in custody of the Mississippi Department of Corrections is affirmed. The judgment of the Jasper County Circuit Court of conviction of Allan Dale Tucker of possession of more than an ounce of marijuana with intent to manufacture and sentence of six (6) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to the appellants.


Roger H. McMillin, Jr., J.
95-CA-00422-COA

Robinson. Samantha v. Rankin County, Mississippi Appeal No. 16879 from Judgment dated JANUARY 24, 1995, Rankin County Circuit Court; DISPOSITION - Appellee's Motion for substitution of counsel granted. Order entered.


PER CURIAM
94-KA-00613-COA

Lofton, Lisa v. State of Mississippi Appeal No. 4541 from Judgment dated JUNE 21, 1994, Scott County Circuit Court; DISPOSITION - Appellant's Motion to supplement dismissed as moot. Order entered.


PER CURIAM
94-CT-00049-COA

Application Data Systems, Inc., A Mississippi Corporation, Corporately and for the Use and Benefit of the City of Hattiesburg, Mississippi v. Paul Rowell, John Holton, John Buckley, Scott Farris, Charles E. Lawrence, Jr., J. Ed Morgan, Providence Washington Insurance Company, Midland Information Systems, J&J Accounting and Computer Sales, D. Bannerman and Company, Diversified Computer Systems, Appeal No. 52350 from Judgment dated NOVEMBER 30, 1993, Forrest County Chancery Court; DISPOSITION - Appellees' Motion for statutory penalty granted. Appellees' Motion for damages for filing a frivolous appeal denied. Order entered. Appellees' Motion to strike motion for rehearing dismissed as moot. Order entered.


James E. Thomas, P.J.
93-KA-00778-COA

Reaves, Charles Patrick v. State of Mississippi Appeal No. 92115 from Judgment dated MAY 07, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's motion for additional time within which to file motion for rehearing granted. Motion due by September 27, 1996. Order entered.


Roger H. McMillin, Jr., J.
95-KA-00286-COA

Sago, Rodrieguez v. State of Mississippi Appeal No. 9733 from Judgment dated FEBRUARY 16, 1995, Holmes County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Thomas A. Coleman, J.
94-CA-00586-COA

Arkansas River Company v. SCF Transportation, Inc Appeal No. 9212465 from Judgment dated MAY 16, 1994, Washington County Circuit Court; DISPOSITION - Appellant's Motion for Rehearing denied. Order entered.


Roger H. McMillin, Jr., J.
93-CA-01406-COA

Golden Triangle Regional Health Corporation v. Board of Supervisors of Lowndes County, Mississippi Appeal No. 93018CV1 from Judgment dated NOVEMBER 08, 1993, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Leslie H. Southwick, J.
93-KA-01157-COA

Bumphis, Darnell v. State of Mississippi Appeal No. CR92113 from Judgment dated SEPTEMBER 24, 1993, Lee County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Oliver E. Diaz, Jr., J.
93-KA-01093-COA

Harris, Frank Stutts v. State of Mississippi Appeal No. 8201 from Judgment dated AUGUST 09, 1993, Coahoma County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


John J. Fraiser, Jr., C.J.
93-KA-00531-COA

Edwards, Terry Donnell v. State of Mississippi Appeal No. 6978 from Judgment dated APRIL 21, 1993, Montgomery County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Billy G. Bridges, P. J.
92-KA-00119-COA

Reynolds, Patrick Anthony and Ronald Kevin Lucas v. State of Mississippi Appeal No. 25591 from Judgment dated JULY 25, 1991, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. Thomas, P.J., not participating.


John J. Fraiser, Jr., C.J.
94-CA-00359-COA

White, Miona Cook v. Douglas Michael Sipe Appeal No. 92137 from Judgment dated JANUARY 20, 1994, Lee County Circuit Court; The judgment of the Lee County Circuit Court in favor of Michael Sipe is affirmed. Costs are assessed against appellant. McMillin, J., not participating.


John J. Fraiser, Jr., C.J.
93-KA-00723-COA

Russell, Fredrick L. v. State of Mississippi Appeal No. 8464 from Judgment dated APRIL 14, 1993, Wayne County Circuit Court; The judgment of the Wayne County Circuit Court of conviction of aggravated assault and sentence of four (4) years in the custody of the Mississippi Department of Corrections and payment of $12,000.00 restitution is affirmed. All costs of this appeal are taxed to Wayne County.


John J. Fraiser, Jr., C.J.
93-KA-00458-COA

Myers, Charles Robert v. State of Mississippi Appeal No. 27370 from Judgment dated APRIL 14, 1993, Harrison County Circuit Court, Second Judicial District; The judgment of the Harrison County Circuit Court of conviction of armed robbery and sentence of twelve (12) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Harrison County. Thomas, P.J., not participating.


Billy G. Bridges, P. J.
95-CA-00711-COA

Adams, Clarence and Regina Adams v. Jackson County, Mississippi Appeal No. CI950018 from Judgment dated MAY 25, 1995, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are taxed to the appellants. Diaz, J., dissents with separate written opinion, joined by Coleman and Payne, JJ.


Leslie H. Southwick, J.
94-CA-00196-COA

Hurst, Geraldine, Executrix for the Estate of Josie Connerly; Geraldine Hurst and Kenneth Hurst v. Southwest Mississippi Legal Services Corporation and Hilda Burnett Baker Appeal No. 4389 from Judgment dated NOVEMBER 01, 1993, Pike County Circuit Court; The judgment of the Pike County Circuit Court is affirmed on direct and cross-appeal. Costs of this appeal are taxed one-half to the appellants on direct appeal and one-half to the appellants on cross-appeal.


Leslie D. King, J.
94-KA-01214-COA

Duell, Kevin v. State of Mississippi Appeal No. 8311 from Judgment dated NOVEMBER 21, 1994, Neshoba County Circuit Court; The judgment of the Circuit Court of Neshoba County is reversed and remanded for proceedings not inconsistent with this opinion. Costs are assessed to Neshoba County. Bridges, P.J., dissents with separate written opinion joined by Barber, J.


Leslie H. Southwick, J.
95-CA-01021-COA

Hunt, Jerry Estes v. Shirley Arney Hunt Appeal No. 19048 from Judgment dated AUGUST 07, 1995, Oktibbeha County Chancery Court; The judgment of the Chancery Court of Oktibbeha County is affirmed. Statutory damages and interest are awarded. Costs are assessed to appellant. DISPOSITION - Appellee's Motion for attorney's fees denied. Order entered.


Mary Libby Payne, J.
93-KA-00536-COA

Evans, Lamont and Kenneth A. Ramsey v. State of Mississippi Appeal No. 13999 from Judgment dated APRIL 08, 1993, Pike County Circuit Court; The judgment of the Circuit Court of Pike County of conviction of Lamont Evans of armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, and to pay restitution to the victim and Craddock Oil Company is affirmed. The judgment of the Circuit Court of Pike County of conviction of Kenneth A. Ramsey of armed robbery and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, and to pay restitution to the victim and Craddock Oil Company is affirmed. All costs of this appeal are taxed to Pike County.


Mary Libby Payne, J.
95-CA-00935-COA

Grose, Timothy v. Eddie Lucas, Ed Hargett, Jimmy Parker and Aubrey Daves Appeal No. 940252M from Judgment dated AUGUST 18, 1995, Sunflower County Circuit Court; The judgment of the Circuit Court of Sunflower County of dismissal with prejudice of the petition requesting sentence reduction is affirmed. All costs of this appeal are taxed to Sunflower County.


Roger H. McMillin, Jr., J.
92-KA-01167-COA

Bass, George a/k/a George Lamb v. State of Mississippi Appeal No. 912481 from Judgment dated OCTOBER 13, 1992, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Hinds County. King, J., concurs in part and dissents in part with separate written opinion.


Leslie D. King, J.
93-KA-00195-COA

Alford, Ricky v. State of Mississippi Appeal No. 9210006 from Judgment dated FEBRUARY 11, 1993, Jackson County Circuit Court; The judgment of the Circuit Court of Jackson County of conviction of distribution of a controlled substance and sentence of 10 years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to the appellant. Thomas, P.J., concurs with separate written opinion joined by Fraiser, C.J.


Leslie D. King, J.
94-CA-00487-COA

Blossman Gas, Inc v. Mary V. Miller Appeal No. 9273400 from Judgment dated APRIL 21, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Statutory damages and interest are awarded. Costs are assessed to the appellant. McMillin, J., dissents with separate written opinion joined by Fraiser, C.J., Thomas, P.J., and Southwick, J.


Leslie D. King, J.
94-CA-00817-COA

Amwest Surety Insurance Company v. State of Mississippi Appeal No. 901315 from Judgment dated JULY 27, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. All costs are taxed to the appellant.


Billy G. Bridges, P. J.
93-KA-00594-COA

Lewis, Willie v. State of Mississippi Appeal No. 4651 from Judgment dated APRIL 20, 1993, Humphreys County Circuit Court; The judgment of the Humphreys County Circuit Court of conviction of three counts of robbery and sentence as a habitual offender to three concurrent terms of fifteen (15) years in the custody of the Mississippi Department of Corrections is hereby affirmed with sentence to run consecutively to any sentence Lewis is now serving. All costs of this appeal are taxed to Humphreys County.


Oliver E. Diaz, Jr., J.
93-CA-00973-COA

Jackson, Janice, The Estate of, Deceased, Mary Jackson, Administratrix; The Estate of Mary Guice, Deceased, Clarence Guice, Administrator; and The Estate of Elfreda Sherman, Deceased, Ruby Short, Administratrix v. Estate of Jamie L. Williams, Deceased, Olivia Jackson Williams, Administratrix Appeal No. 9212647 from Judgment dated JUNE 28, 1993, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County is affirmed. All costs of this appeal are taxed to the appellants.


Oliver E. Diaz, Jr., J.
94-CA-01059-COA

Kelly, Raymond v. Commonwealth Publishing Company, Inc. Appeal No. 9312862 from Judgment dated SEPTEMBER 01, 1994, Leflore County Circuit Court; The judgment of the Leflore County Circuit Court granting summary judgment to the appellee is hereby affirmed. All costs of this appeal are taxed to the appellant.


Thomas A. Coleman, J.
93-KA-01462-COA

Cole, Dennis Earl v. State of Mississippi Appeal No. 14993 from Judgment dated OCTOBER 25, 1993, Lauderdale County Circuit Court; The Lauderdale County Circuit Court's judgment of the appellant's guilt of the crime of kidnapping and its sentence to serve a term of thirty years in the Mississippi Department of Corrections with ten years suspended and five years probation at the conclusion of serving that sentence are affirmed. The Lauderdale County Circuit Court's judgment of the appellant's guilt of the crime of aggravated assault and its sentence to serve a term of twenty years in the Mississippi Department of Corrections are reversed and remanded. Costs are assessed to Lauderdale County.


Thomas A. Coleman, J.
94-CA-00637-COA

Fawcett, Randall v. Sarah H. McLaurin Appeal No. 94260 from Judgment dated MAY 27, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is reversed and remanded. Costs of this appeal are assessed to the appellee. McMillin, J., dissents with separate written opinion joined by Southwick, J.


Oliver E. Diaz, Jr., J.
93-KA-00927-COA

Ross, Sammy Joe v. State of Mississippi Appeal No. 11573 from Judgment dated MAY 07, 1993, Alcorn County Circuit Court; The judgment of the Alcorn County Circuit Court of conviction of burglary of an occupied dwelling and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, five (5) years suspended is affirmed. This sentence to run consecutively to any sentence Ross is now serving. Costs of this appeal are taxed to Alcorn County.


Oliver E. Diaz, Jr., J.
94-CA-00231-COA

Stewart, Sr., Harry A. and Betty D. Stewart v. Merchants National Bank, Vicksburg, Mississippi Appeal No. 26880 from Judgment dated DECEMBER 10, 1993, Madison County Chancery Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Leslie H. Southwick, J.
94-CA-00163-COA

Richardson, Jeffrey, In the Matter of the Estate of: Darlene Jones, Mary Gillespie and Browyn Young v. Estate of Jeffrey Richardson Appeal No. P3423 from Judgment dated March 5, 1993, Jackson County Chancery Court; - DISPOSITION Appellee's Motion for rehearing dismissed as untimely filed. Order entered.


John J. Fraiser, Jr., C.J.
93-KA-00518-COA

Hickson, Brian Clayton v. State of Mississippi Appeal No. 7698 from Judgment dated APRIL 19, 1993, Jones County Circuit Court, Second Judicial District; The judgment of conviction of the Jones County Circuit Court of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections is affirmed. Sentence shall run consecutively to a previous sentence imposed. All costs of this appeal are taxed to the appellant.


Thomas A. Coleman, J.
94-CA-01124-COA

Jones, Jimmy Davis and wife, Fay Madison Jones v. Westinghouse Electric Corporation Appeal No. 927430 from Judgment dated SEPTEMBER 13, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Costs are assessed to the appellants.