Mississippi Court of Appeals

Hand Down Lists
October 07, 1997

10/07/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
U 94-KA-01135-COA

Dabney, III, Moses and Jason Phalo v. State of Mississippi Appeal No. 941292 from Judgment dated SEPTEMBER 30, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of Moses Dabney, III of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. The judgment of the Circuit Court of Hinds County of conviction of Jason Phalo of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs of both appeals are assessed to Hinds County. Payne, J., not participating


James E. Thomas, P.J.
U 95-KA-01263-COA

Thompson, Cedric a/k/a Cedric Conrad Thompson a/k/a Johnny Lee Thompson v. State of Mississippi Appeal No. 951218 from Judgment dated OCTOBER 18, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of burglary of a dwelling and sentence of ten (10) years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Hinds County


James E. Thomas, P.J.
U 95-KA-01306-COA

Brown, Chelsie O. a/k/a Chelsie Orlando Brown v. State of Mississippi Appeal No. CR95005 from Judgment dated NOVEMBER 15, 1995, Lee County Circuit Court; The judgment of the Lee County Circuit Court of conviction of armed robbery and sentence of forty years, with appellant not to serve less than ten years because a firearm was used in the commission of the offense in the custody of the Mississipi Department of Corrections is affirmed. All costs of this appeal are taxed to Lee County


James E. Thomas, P.J.
U 96-KA-00037-COA

Tucker, Earl v. State of Mississippi Appeal No. V4406 from Judgment dated NOVEMBER 28, 1995, Hinds County Circuit Court, Second Judicial District; The judgment of the Hinds County Circuit Court of conviction on Count I of kidnaping and sentence of fifteen (15) years; Count II of conviction of burglary of an occupied dwelling and sentence of fifteen (15) years, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County


James E. Thomas, P.J.
U 96-KA-00387-COA

Crawford, Steven Wayne v. State of Mississippi Appeal No. HK94042 from Judgment dated MARCH 29, 1996, Chickasaw County Circuit Court, First Judicial District; The judgment of the Chickasaw County Circuit Court of conviction of sale of phenobarbital and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections with five (5) years of this sentence to be suspended upon the good behavior of the appellant is affirmed. Costs of this appeal are assessed to Chickasaw County


James E. Thomas, P.J.
U 96-CA-01128-COA

Landers, Ernest Roy v. Kathy Lott Landers Appeal No. 950238 from Judgment dated AUGUST 26, 1996, Warren County Chancery Court; The judgment of the Warren County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant


Leslie H. Southwick, J.
U 95-CA-00270-COA

Fayard Moving and Transportation Corporation, a Mississippi Corporation and E. E. Fayard, Individually v. C. M. Fayard and John R. Fayard, Sr. Appeal No. 99224 from Judgment dated FEBRUARY 13, 1995, Harrison County Chancery Court, First Judicial District; The judgment of the Harrison County Chancery Court of summary judgment is affirmed. The costs of this appeal are taxed to the appellants. Thomas, P.J., and Diaz, J., not participating


Leslie H. Southwick, J.
UU 95-CA-00331-COA

Magnolia Federal Bank for Savings and William F. Jones, Trustee v. I. Meade Hufford and Dianne P. Hufford Appeal No. 36663 from Judgment dated MARCH 03, 1995, Adams County Chancery Court; The judgments of the Adams County Chancery Court is reversed on direct appeal, affirmed on cross-appeal, and judgment entered here for appellant. All costs of this appeal are taxed to the appellees. King, J., concurs in result only. Payne, J., dissenting with separate opinion joined by Diaz, J. Herring, J., not participating


Leslie H. Southwick, J.
U 95-KA-01108-COA

Mathis, Joe L. v. State of Mississippi Appeal No. 952245 from Judgment dated OCTOBER 05, 1995, Choctaw County Circuit Court; The judgment of the Choctaw County Circuit Court of conviction of burglary of a dwelling as a habitual offender and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. Sentence to run consecutive to any previous sentence. All costs of this appeal are assessed against Choctaw County. Coleman, J., not participating


Leslie H. Southwick, J.
U 95-CA-01166-COA

Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi, Sta-Home Home Health Agency, Inc. of Grenada, and Alexander's Home Health Agency, Inc. Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District: (consolidated with) 95-CA-01222-COA and 96-CA-00231-COA


Leslie H. Southwick, J.
95-CA-01222-COA

Mississippi State Department of Health v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi Sta-Home Home Health Agency, Inc., of Grenada and Alexander's Home Health Agency, Inc Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District: (consolidated with) 95-CA-01166-COA and 96-CA-00231-COA


Leslie H. Southwick, J.
96-CA-00231-COA

Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi, Sta-Home Home Health Agency, Inc. of Grenada and Alexander's Home Health Agency, Inc. Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; The judgments of the Hinds County Chancery Court are affirmed. All costs are taxed to the appellants. Coleman, J., not participating. Motion for sanctions denied. Order entered. (consolidated with) 95-CA-01166-COA and 95-CA-01222-COA


Leslie H. Southwick, J.
X 95-KA-01372-COA

Bovan, George v. State of Mississippi Appeal No. 8073 from Judgment dated SEPTEMBER 05, 1995, Bolivar County Circuit Court, Second Judicial District; The judgment of the Bolivar County Circuit Court of conviction of disorderly conduct and sentence of thirty days in the county jail and order to pay $500 fine, suspended upon payment of fine and all court costs, is affirmed. All costs of this appeal are taxed to the appellant


Mary Libby Payne, J.
U 96-CC-00725-COA

Catchings, Henry Lee v. Sanderson Farms, Inc. Appeal No. 950395 from Judgment dated JUNE 05, 1996, Copiah County Circuit Court; The judgment of the Copiah County Circuit Court is affirmed. All costs are taxed to the appellant


Mary Libby Payne, J.
U 96-CA-01051-COA

Mayhue, Wanda Scott v. Richard Paul Scott Appeal No. 26203 from Judgment dated MAY 01, 1996, Lowndes County Chancery Court; The judgment of the Chancery Court of Lowndes County is affirmed. All costs of this appeal are taxed to the appellant


Roger McMillin, Jr., P.J.
U 95-KA-01239-COA

Hodges, Willie Mae a/k/a Willie Mae Wallace v. State of Mississippi Appeal No. 49594 from Judgment dated OCTOBER 20, 1995, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of possession of cocaine with intent to distribute and sentence of thirty years with ten years suspended and five years probation after completion of twenty year sentence and fine of $2,000.00 and order to make restitution is affirmed. Costs of this appeal are assessed to appellant. King, J., concurs in result only


Leslie D. King, J.
U 95-CA-00322-COA

1989 Chevrolet Corvette, VIN #1G1YY2182K5105049 v. State of Mississippi Ex Rel. Office of the District Attorney and the North Mississippi Narcotic Unit Appeal No. 93049 from Judgment dated MARCH 13, 1995, Lee County Circuit Court; The judgment of the Circuit Court of Lee County is affirmed. Costs of this appeal are assessed to the appellant


James H. Herring, J.
U 95-KA-00574-COA

Patterson, Kevin a/k/a Kevin L. Patterson v. State of Mississippi Appeal No. 10150 from Judgment dated MAY 18, 1995, Adams County Circuit Court; The judgment of the Circuit Court of Adams County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Adams County


James H. Herring, J.
U 95-CA-00984-COA

Howorth, Laura S. v. Andrew K. Howorth Appeal No. 94401 from Judgment dated AUGUST 16, 1995, Lafayette County Chancery Court; The judgment of the Lafayette County Chancery Court is affirmed. All costs of this appeal are taxed to the appellant. McMillin, P.J., not participating


James H. Herring, J.
X 95-KA-01067-COA

Courtney, Charles a/k/a "Bear" v. State of Mississippi Appeal No. 940052 from Judgment dated SEPTEMBER 27, 1995, Sunflower County Circuit Court; The judgment of the Circuit Court of Sunflower County is reversed and remanded to the trial court for further proceedings consistent with this opinion. All costs of this appeal are taxed to Sunflower County. McMillin, P.J., not participating


James H. Herring, J.
U 96-CA-00792-COA

Bolen, Steve v. Jana Lynn Bolen Appeal No. 90636 from Judgment dated JUNE 19, 1996, Lauderdale County Chancery Court; The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant


Oliver E. Diaz, Jr., J.
U 95-CA-00732-COA

Haycraft, Jeffrey C. and Donna Renea Haycraft v. Robert Parker Adams, Architect, P.A., and Robert Parker Adams, Individually Appeal No. 9376490 from Judgment dated JUNE 01, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. Costs of this appeal are assessed to the appellants. McMillin, P.J., concurs in result only. Southwick, J., not participating


Oliver E. Diaz, Jr., J.
U 95-KA-01055-COA

Watkins, Jr., Johneil a/k/a Johnny v. State of Mississippi Appeal No. 3549 from Judgment dated JULY 28, 1995, Lawrence County Circuit Court; The judgment of the Lawrence County Circuit Court of conviction of murder and a sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are to be assessed to Lawrence County


Oliver E. Diaz, Jr., J.
U 95-KA-01193-COA

Galvan, Felix Guzman a/k/a Felix Guzman a/k/a Martin Clemente v. State of Mississippi Appeal No. UK94055 from Judgment dated MARCH 14, 1995, Union County Circuit Court; The judgment of the Union County Circuit Court of conviction on Count I of armed robbery and sentence to life imprisonment and Count II of aggravated assault and sentence to ten (10) years, with sentences to run consecutively, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are taxed to Union County


Oliver E. Diaz, Jr., J.
U 95-KA-01368-COA

Bates, Earl v. State of Mississippi Appeal No. 14730 from Judgment dated NOVEMBER 30, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction as an habitual offender on Count I of murder and sentence of life imprisonment; Counts II and III of conviction of aggravated assault and sentences of twenty (20) years each, with sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Pike County


Oliver E. Diaz, Jr., J.
U 96-CA-00331-COA

Knighton, Kathy Wood and Gail Wood Speck v. Rex M. Deloach and wife, Ruthann Ray, and United Southern Bank Appeal No. 94382 from Judgment dated FEBRUARY 16, 1996, Lafayette County Chancery Court; The judgment of the Lafayette County Chancery Court is affirmed. All costs are taxed to the appellant. McMillin, P.J., not participating


Thomas A. Coleman, J.
U 96-CA-00737-COA

Ledlow, Jason D. v. Reeves Transportation, Inc. and Perry Phillip Vance Appeal No. 940097 from Judgment dated NOVEMBER 14, 1995, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court is affirmed. The appellant is taxed with all costs of this appeal


Billy Bridges, C.J.
U 95-KA-00761-COA

Mitchell, Pamela v. State of Mississippi Appeal No. 9410261 from Judgment dated APRIL 21, 1995, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court of conviction of manslaughter and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant


Billy Bridges, C.J.
U 95-KA-01103-COA

Hardin, Joe Frank v. State of Mississippi Appeal No. 952204 from Judgment dated AUGUST 31, 1995, Choctaw County Circuit Court; The judgment of the Choctaw County Circuit Court of conviction of two counts of murder and sentence of life on each count in the custody of the Mississippi Department of Corrections with sentence imposed in Count II to run consecutively to sentence in Count I and sentence in Court I to run consecutively to any other sentence previously imposed is affirmed. Costs of this appeal are assessed to Choctaw County


Billy Bridges, C.J.
95-CC-01255-COA

Smith, James C. v. Mississippi Department of Public Safety Appeal No. 950098 from Judgment dated NOVEMBER 17, 1995, Wilkinson County Circuit Court; Motion to dismiss appeal granted. Costs of appeal are assessed to appellant. Order entered


Billy Bridges, C.J.
U 96-KA-00578-COA

Brashears, Tammy, a/k/a Tammy Brashears Hilburn v. City of Columbia, Ms Appeal No. 6112 from Judgment dated OCTOBER 23, 1995, Marion County Circuit Court; The judgment of the Marion County Circuit Court is reversed and the cause rendered. Costs of this appeal are taxed to Marion County


EN BANC
94-KA-00744-COA

Bell, Noble Ray a/k/a Nobel Ray Bell v. State of Mississippi Appeal No. 933233CR from Judgment dated APRIL 07, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
94-KA-00769-COA

Chase, Marshel a/k/a Marshel Ervin Chase v. State of Mississippi Appeal No. CR93131 from Judgment dated JULY 01, 1994, Prentiss County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
94-CA-01176-COA

Arbor Station IV, L. L. C., an Alabama Limited Liability Company v. Michael O. Brewer and Concerned Citizens of Long Beach, Mississippi Appeal No. 1240194126 from Judgment dated NOVEMBER 04, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Thomas, P.J., and Diaz, J., not participating


EN BANC
95-CA-00551-COA

Catledge, William E. v. Donald Simmons Appeal No. 12923863 from Judgment dated NOVEMBER 18, 1994, Forrest County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-CA-00792-COA

Enterprise Products Company v. Board of Supervisors of Forrest County, Mississippi, and the Petal School District Appeal No. 12934154 from Judgment dated JULY 15, 1995, Forrest County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
UU 95-CA-00906-COA

Rains, Hazel v. Ginger Gardner and Tina Clark Appeal No. 1953 from Judgment dated AUGUST 17, 1995, Wayne County Circuit Court; The judgment of the Wayne County Circuit Court is affirmed in part and reversed in part and remanded for proceedings not inconsistent with this opinion. Costs are assessed one-half to the appellant and one-half to the appellees. Thomas, P.J., Bridges, C.J., Coleman, Diaz, and Herring, JJ., concur. McMillin, P.J., concurs in part and dissents in part with a separate written opinion joined by King, Payne, and Southwick, JJ. Hinkebein, J., not participating


EN BANC
95-CA-00946-COA

Whitt, Patsy M. v. Mississippi Methodist Hospital and Rehabilitation Center, Inc. Appeal No. 154215 from Judgment dated AUGUST 14, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating


EN BANC
95-KA-01076-COA

Thames, Donnell v. State of Mississippi Appeal No. 4863 from Judgment dated SEPTEMBER 15, 1995, Rankin County Circut Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-CA-01086-COA

Stokes, Phillip v. Stewart Murphy, Edward Hargett, Tyrus Shivers, and Lynette Criss Appeal No. 950138 from Judgment dated SEPTEMBER 18, 1995, Sunflower County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating


EN BANC
95-CA-01244-COA

Laurel, City of v. William E. Wallace Appeal No. 9410135 from Judgment dated AUGUST 25, 1995, Jones County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Motion to strike dismissed as moot. Order entered


EN BANC
95-KA-01264-COA

Triplett, Willie a/k/a William James Tripplett, a/k/a Willie Tripplett v. State of Mississippi Appeal No. 950050 from Judgment dated OCTOBER 20, 1995, Sunflower County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
U 95-CA-01293-COA

Foster, Joe H. and Katherine M. Foster v. Carl Melchert, Jr. and Grace Melchert Appeal No. 107131 from Judgment dated NOVEMBER 16, 1995, Harrison County Chancery Court, First Judicial District; The judgment of the Harrison County Chancery Court is affirmed. Costs of this appeal are taxed to the appellants. Thomas, P.J., not participating


EN BANC
UU 96-CA-00132-COA

Samel, Ben R. v. Patricia A. Goldin Samel Appeal No. 941163GN from Judgment dated NOVEMBER 27, 1995, Forrest County Chancery Court; Appellant's Motion for rehearing granted, appellee's cross-motion for rehearing denied. The original opinion is withdrawn on motion for rehearing and this modified opinion is substituted therefor. The judgment of the Chancery Court of Forrest County is affirmed as to the issue of awarding Patricia Samel a divorce on the ground of cruel and inhuman treatment and is reversed on the issue of child support and we order Ben Samel to pay monthly child support in the amount of $450. All costs of this appeal are taxed one-half to the appellant and one-half to the appellee. Payne, J., Bridges, C.J., Thomas, P.J., Diaz, Herring, and Hinkebein, JJ. concur. Southwick, J., dissents with separate written opinion joined by McMillin, P.J., Coleman and King, JJ


EN BANC
96-CA-00334-COA

Robinson, Geraldine Gordon v. Bobby Earl Robinson Appeal No. 35486 from Judgment dated FEBRUARY 22, 1996, Rankin County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Bridges, C.J., not participating


PER CURIAM
95-CA-00339-COA

Medina, Cecil v. Tammy Parham Medina Appeal No. 38423 from Judgment dated MARCH 01, 1995, Rankin County Chancery Court; DISPOSITION - Motion to withdraw oral argument request granted. Order entered


PER CURIAM
95-KA-00528-COA

Williams, Isaac Steve v. State of Mississippi Appeal No. 9400190 from Judgment dated APRIL 05, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for bond denied. Order entered


PER CURIAM
95-KA-00664-COA

Hoskins, Otha Lee a/k/a Otha Lee Hoskins Jr. v. State of Mississippi Appeal No. 94371 from Judgment dated MAY 08, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion to exceed page limit on motion for rehearing denied. Order entered


PER CURIAM
95-KA-00683-COA

Smith, Timothy Tyrell a/k/a Timothy Terrell Smith v. State of Mississippi Appeal No. 14754 from Judgment dated MAY 23, 1995, Copiah County Circuit Court; DISPOSITION - Motion for additional time to file motion for rehearing granted. Appellant's motion due on or before October 3, 1997. Order entered


PER CURIAM
95-KA-00708-COA

Williams, Carl v. State of Mississippi Appeal No. 11697 from Judgment dated JUNE 19, 1995, Warren County Circuit Court; DISPOSITION - Williams' pro se motion of ineffective assistance of counsel dismissed without prejudice. Order entered


PER CURIAM
95-CA-01097-COA

Stokes, Phillip v. J. Stewart Murphy, Edward Hargett, Betty Foster and Lisa Horton Appeal No. 940322 from Judgment dated SEPTEMBER 18, 1995, Sunflower County Circuit Court; DISPOSITION - Motion to amend or correct mandate dismissed as moot. Order entered


PER CURIAM
96-KA-00052-COA

Rucker, Henry Douglas v. State of Mississippi Appeal No. 9500125 from Judgment dated SEPTEMBER 06, 1995, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Motion to withdraw record granted. Record to be returned to clerk's office on September 26, 1997. Order entered


PER CURIAM
96-CC-00259-COA

Gilmore, Jeffery E. v. Terminix Service and The Insurance Company of the State of Pennsylvania Appeal No. 96001 from Judgment dated FEBRUARY 07, 1996, Lee County Circuit Court; DISPOSITION - Motion to supplement granted. Order entered


PER CURIAM
96-CA-00343-COA

Stevens, III, Edward H. v. James K. Wetzel and MGA Insurance Company, Inc. Appeal No. 940798 from Judgment dated MARCH 18, 1996, Pearl River County Chancery Court; DISPOSITION - Suggestion of death granted and Estate of Edward H. Stevens III is substituted as appellant. Order entered


PER CURIAM
96-KA-00453-COA

Clark, Mitchell v. State of Mississippi Appeal No. 942323 from Judgment dated FEBRUARY 15, 1996, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion to file supplemental brief dismissed without prejudice. Order entered


PER CURIAM
96-KA-00455-COA

Pace, Stanley a/k/a Stanley Lee Pace v. State of Mississippi Appeal No. 7538 from Judgment dated MARCH 21, 1996, Clarke County Circuit Court; DISPOSITION - Motion for bond denied. Order entered