Mississippi Court of Appeals

Hand Down Lists
October 12, 1999

10/12/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Thomas, James E.
X 97-KA-01259-COA

Longmire, Neveland J., a/k/a Jackie Longmire v. State of Mississippi Scott Circuit Court; LC Case#: 4844; Ruling Date: 10/09/1997; Ruling Judge: Marcus Gordon; Majority Opinion: Thomas, J. Disposition: The judgment of the Scott County Circuit Court of conviction of sale of cocaine and sentence of eighteen years in the custody of the Mississippi Department of Corrections is affirmed. Scott County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Concur.


Moore, Dudley Rook, III
X 97-KA-01086-COA

Johnson, Carl Ray v. State of Mississippi Simpson Circuit Court; LC Case#: 9191; Ruling Date: 06/06/1997; Ruling Judge: Harvey Buck; Majority Opinion: Moore, J. Disposition: The judgment of the Circuit Court of Lowndes County on change of venue from Simpson County of conviction of Count II of aggravated assault and sentence of fifteen years; Count III of manslaughter and sentence of twenty years, to run consecutively with the sentence in Count II; Count IV of capital murder and sentence of life without possibility of parole, to run consecutively to sentence in Count III, all in the custody of the Mississippi Department of Corrections, is affirmed. Simpson County taxed with costs of appeal.Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.


Lee, L. Joseph
X 96-KA-01132-COA

Brasington, Stephen, a/k/a Stephen H. Brasington, Jr. v. State of Mississippi Jackson Circuit Court; LC Case#: 9510629; Ruling Date: 08/30/1996; Ruling Judge: Kathy Jackson; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of Count I burglary of a dwelling and sentence of ten years; Count II armed robbery and sentence of eighteen years; and Count III kidnaping and sentence of eighteen years, with said sentences to run concurrently and without benefit of parole, all in the custody of the Mississippi Department of Corrections, is affirmed. Jackson County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Moore, J., Payne, J., Thomas, J., Concur.


Lee, L. Joseph
X 1998-CP-01960-COA

Gilbert, William J. v. Wal-Mart Stores, Inc. and "David Robinson" Lee Circuit Court; LC Case#: 97221; Ruling Date: 10/12/1998; Ruling Judge: Thomas Gardner, III; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Moore, J., Payne, J., Thomas, J., Concur.


Lee, L. Joseph
X 1999-CP-00353-COA

Martin, Charles v. State of Mississippi Jefferson Davis Circuit Court; LC Case#: 990001; Ruling Date: 01/27/1999; Ruling Judge: R. Prichard, III; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Jefferson Davis County denying post-conviction relief is affirmed. Jefferson Davis County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Moore, J., Payne, J., Thomas, J., Concur.


Southwick, Leslie H.
XX 97-CA-01503-COA

Sanford, Gerlinde Ulm v. William F. Sanford Lamar Chancery Court; LC Case#: 970262; Ruling Date: 10/31/1997; Ruling Judge: James Thomas, Jr.; Consolidated With 98-CA-00651-COA Gerlinde Ulm Sanford v. William F. Sanford; Lamar Chancery Court; LC Case#: 970262; Ruling Date: 3/24/1998; Ruling Judge: James Thomas, Jr. Majority Opinion: Southwick, P.J. Disposition: The judgment of the Lamar County Chancery Court is reversed and remanded for proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Concur.Concurring Opinion: Bridges, J. Votes: Lee, J., Moore, J., Payne, J., Thomas, J., Join.


EN BANC
X 97-KA-00669-COA

Davis, Gary v. State of Mississippi Jones Circuit Court 2nd District; LC Case#: 9166; Ruling Date: 05/12/1997; Ruling Judge: Billy Landrum; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of Count I armed robbery and sentence of twenty years without parole and Count III aggravated assault and sentence of twenty years to run consecutively to sentence in Count I and to run consecutively to any other sentence, all in the custody of the Mississippi Department of Corrections is affirmed. Jones County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Lee, J., Moore, J., Payne, J., Concur. Irving, J., Not Participating.


EN BANC
97-KA-00921-COA

Frambes, Monica Jean v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 195598; Ruling Date: 03/26/1997; Ruling Judge: Kosta Vlahos; Disposition: Motion for the Immediate Issue of Mandate granted. Order entered.


EN BANC
97-CA-01496-COA

Massengill, David v. State of Mississippi Monroe Circuit Court; LC Case#: CV96339; Ruling Date: 10/28/1997; Ruling Judge: Frank Russell; Disposition: Appellant's Motion for Rehearing is denied. Moore, J., not participating.


EN BANC
98-CA-00087-COA

W., J. L. W., and M. F. W. v. Clarke County Department of Human Services, by Clayton R. Barnett, Social Services Regional Director, and M. S. W., C. L. W., J. L. W., and B. S. W., Minors, by and through their Next Friend Clayton R. Barnett Clarke Chancery Court; LC Case#: A4190; Ruling Date: 12/18/1997; Ruling Judge: Sarah Springer; Disposition: Appellees' Motion for Rehearing is denied. Payne, J., would grant. Moore, J., not participating.


EN BANC
98-CA-00245-COA

Weeks, David E., Susan F. Weeks, and David E. Weeks, Father and Next Friend of Tracey Lane Weeks, Stephen Cabell Weeks and John David Weeks, Minors v. Mississippi College Hinds Chancery Court 1st District; LC Case#: 152880; Ruling Date: 01/12/1998; Ruling Judge: Stuart Robinson; Disposition: Appellants' and Appellee's Motions for Rehearing are denied. Moore and Payne, JJ., not participating.


EN BANC
X 98-KA-00459-COA

Sitton, George v. State of Mississippi Forrest Circuit Court; LC Case#: 18895; Ruling Date: 02/10/1998; Ruling Judge: Richard McKenzie; Majority Opinion: Diaz, J. Disposition: The original opinion is withdrawn and the following is substituted. The judgment of the Circuit Court of Forrest County of conviction of Count I, aggravated assault and sentence of twenty years; Count II, aggravated assault of a police officer and sentence of thirty years; Count III, manslaughter and sentence of twenty years; Count IV, manslaughter and sentence of twenty years; Count V, murder and sentence of life, all to be served consecutively, in the custody of the Mississippi Department of Corrections is affirmed. Forrest County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur. Moore, J., Not Participating. Disposition: Motion for rehearing denied. King, P.J., would grant. Moore, J., not participating.


EN BANC
1998-CA-00983-COA

Wilbourne, Don R. v. Mathilde Wilbourne Kemper Chancery Court; LC Case#: 970072; Ruling Date: 03/31/1998; Ruling Judge: Edward Prisock; Disposition: Appellant's Motion for Rehearing is denied. Moore, J., not participating.


EN BANC
1998-KA-01152-COA

Leffingwell, Donald Warren v. State of Mississippi Carroll Circuit Court 1st District; LC Case#: 3228; Ruling Date: 05/28/1998; Ruling Judge: C. Morgan, III; Disposition: Appellant's Motion for Rehearing is denied. Irving, J., would grant. Moore, J., not participating.


EN BANC
1998-CP-01340-COA

Martin, Sylvester, a/k/a Sonny v. State of Mississippi Lawrence Circuit Court; LC Case#: PC18; Ruling Date: 08/13/1998; Ruling Judge: Michael Eubanks; Disposition: Appellant's Motion for Rehearing is denied. Moore, J., not participating.