Mississippi Court of Appeals

Hand Down Lists
October 21, 1997

10/21/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
UU 95-CA-01178-COA

State of Mississippi Ex Rel. Mississippi Bureau of Narcotics v. James Velton Knight Appeal No. 13314 from Judgment dated OCTOBER 13, 1995, Forrest County Circuit Court; The judgment of the Circuit Court of Forrest County is hereby reversed and rendered. The order expunging James Velton Knight's plea, conviction and sentence is hereby vacated and held for naught. Costs of this appeal are taxed to the appellee. King, J., concurs with separate written opinion joined by Bridges, C.J., and Herring, J.


James E. Thomas, P.J.
U 96-KA-00121-COA

Strickland, Wilson v. State of Mississippi Appeal No. 95054115 from Judgment dated DECEMBER 06, 1995, Greene County Circuit Court; The judgment of the Greene County Circuit Court is reversed and remanded for proceedings not inconsistent with this opinion. All costs are assessed against Greene County


James E. Thomas, P.J.
U 96-KA-00427-COA

Black, Sadie Black a/k/a Sadie R. Black v. State of Mississippi Appeal No. 8376 from Judgment dated MARCH 18, 1996, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court of conviction of sale of cocaine and sentence of fifteen years in the custody of the Mississippi Department of Corrections and fine of $5,000 is affirmed. All costs of this appeal are taxed to Neshoba County


Leslie H. Southwick, J.
U 95-CA-01072-COA

City of Jackson, Mississippi v. Charles Williamson and Beth Williamson Appeal No. 9167210 from Judgment dated SEPTEMBER 05, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County is affirmed on direct appeal. The judgment is reversed and remanded on cross-appeal for proceedings consistent with this opinion. Statutory damages and interest are awarded on the original judgment. Costs of this appeal are assessed to the appellant


Mary Libby Payne, J.
U 96-CA-00590-COA

State of Mississippi v. Thirteen Thousand Dollars ($13,000.00) U. S. Currency and One (1) 1987 Buick; 4-Door; Silver VIN 1G4HR5F439HH524119; TX Tag HDC 31K Appeal No. 9222357 from Judgment dated APRIL 30, 1996, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court is affirmed in part and reversed in part. The judgment setting aside the default judgment is affirmed. The judgment on the pleadings is reversed and the case is remanded for a trial on the merits. All costs of this appeal are taxed to the appellee. Southwick, J., concurs in result only. Thomas, P.J., not participating


Mary Libby Payne, J.
U 96-CC-00914-COA

Georgia-Pacific Corporation v. Jacklyn M. Cain Appeal No. 4199 from Judgment dated JULY 15, 1996, Amite County Circuit Court; The judgment of the Circuit Court of Amite County is reversed and the order of the Mississippi Workers' Compensation Commission is reinstated. All costs of this appeal are taxed to the appellee


Roger H. McMillin, Jr., P.J.
U 95-CA-00784-COA

Hubbard, Gwendolyn B. , Marieta B. Strickland, Herbert Bryant, Tessie B. Hartfield, Voncile B. Hiatt, Eva B. Rider, John Glen Bryant and Deborah Ann B. Barnes, Wrongful Death Beneficiaries of Joseph Noel Bryant, Deceased; and Voncile B. Hiatt, Executrix o v. General Motors Corporation and Dossett Pontiac-Cadillac-GMC, Inc Appeal No. 8903102 from Judgment dated FEBRUARY 10, 1995, Forrest County Circuit Court; The judgment of the Forrest County Circuit Court is affirmed. All costs of this appeal are taxed to the appellants.


Roger H. McMillin, Jr., P.J.
UU 96-CA-00445-COA

Southland Management Company v. Paul Brown, a Minor, By and Through His Mother and Next Friend, Alberta Brown Appeal No. 066320 from Judgment dated MARCH 22, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County is reversed and rendered. Costs are assessed against the appellee. Payne, J., dissents with separate written opinion joined by Diaz, Herring, and King, JJ.


Leslie D. King, J.
U 95-CA-00461-COA

Blackmon, Pearl v. Walter Lee Trice, Ruby Burks, Pricilla Trice McGee, Deloris Washington, Marilyn Trice, Conrad Trice, Annie Doris Amie, Charlie Trice, Prentiss Trice, Lionel Trice, Geoffrey Trice, Geneva Trice, Eloise Shumpert, Wilma Trice, Erie Wheeler, Paxton Thomas Tri Appeal No. 42516 from Judgment dated MARCH 24, 1995, Lee County Chancery Court; The judgment of the Lee County Chancery Court is affirmed on direct and cross-appeals. Costs of this appeal are assessed to the appellant


Leslie D. King, J.
U 95-KA-00869-COA

Campbell, Clyde v. State of Mississippi Appeal No. 9041 from Judgment dated JULY 20, 1990, Adams County Circuit Court; The judgment of the Circuit Court of Adams County of conviction of aggravated assault and sentence of life as an habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Adams County


James H. Herring, J.
U 95-KA-01357-COA

Jones, James Marvin , Jr. a/k/a James Jones, Jr. v. State of Mississippi Appeal No. CR940006 from Judgment dated AUGUST 16, 1995, Panola County Circuit Court, First Judicial District; The judgment of the Panola County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to the appellant


B. Greg Hinkebein, J.
U 95-KA-00649-COA

Thompson, Walter Glen a/k/a Walter Glenn Thompson v. State of Mississippi Appeal No. 11383 from Judgment dated MAY 12, 1995, Lincoln County Circuit Court; The judgment of the Lincoln County Circuit Court is reversed and remanded for a new trial. Costs are assessed against Lincoln County. Payne, J., not participating


Oliver E. Diaz, Jr., J.
U 95-KA-00479-COA

Ballansaw, David a/k/a David Ballanshaw v. State of Mississippi Appeal No. 933380 from Judgment dated JUNE 09, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of murder and sentence to life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County


Oliver E. Diaz, Jr., J.
U 95-KA-01009-COA

Lockridge, Jerry v. State of Mississippi Appeal No. CR93053 from Judgment dated AUGUST 31, 1995, Lee County Circuit Court; The judgment of the Lee County Circuit Court is reversed and remanded. All costs of this appeal are taxed to Lee County


Thomas A. Coleman, J.
U 94-KA-00661-COA

Dorris, Anthony a/k/a "Tony" Dorris a/k/a Anthony Eugene Dorris v. State of Mississippi Appeal No. 2673 from Judgment dated SEPTEMBER 06, 1991, Tunica County Circuit Court; The Tunica County Circuit Court's judgment of appellant's guilt of manslaughter and its sentence of appellant to serve twelve years in an institution under the supervision and control of the Mississippi Department of Corrections to run consecutively to any and all sentences previously imposed are affirmed. Costs of this appeal are assessed to Tunica County


Thomas A. Coleman, J.
U 94-KP-01045-COA

Martin, Larry a/k/a Larry Leon Martin v. State of Mississippi Appeal No. 4530 from Judgment dated AUGUST 12, 1994, Rankin County Circuit Court; The Rankin County Circuit Court's judgment of the appellant's guilt of Count I, sexual battery of a female less than fourteen years of age; Count II, sexual battery of a female more than fourteen years of age, but less than eighteen years of age; and Count IV, touching for lustful purposes a female over fourteen years of age but less than eighteen years of age; and its sentences of thirty years to serve on both Counts I and II, which are to be served concurrently, and two years to serve on Count IV, which last sentence is to be served consecutively to the two sentences of thirty years for Counts I and II, all in the custody of the Mississippi Department of Corrections, are affirmed. Costs of this appeal are taxed to Rankin County. Bridges, C.J., not participating


Billy G. Bridges, C.J.
U 95-CA-00837-COA

Wallace, Dalton and wife, Bobby Carney Wallace, Dezzie Wallace, Glenda Rutland and Gennell Nelson v. Ladon Wallace and wife, Dutha Wallace Appeal No. 13502 from Judgment dated MARCH 10, 1995, Lawrence County Chancery Court; The judgment of the Lawrence County Chancery Court adopting the Dungan survey to establish boundary lines and the one-acre tract is affirmed. Costs of this appeal taxed to the appellants


Billy G. Bridges, C.J.
U 95-CA-01114-COA

Brewer, Julie H. Breland v. Mark Alan Breland Appeal No. 45322 from Judgment dated SEPTEMBER 20, 1995, Jones County Chancery Court, Second Judicial District; The judgment of the Jones County Chancery Court modifying the final judgment of divorce to award permanent custody of the minor child to Mark Alan Breland is affirmed. Costs of this appeal are taxed to appellant


Billy G. Bridges, C.J.
UU 96-CA-00644-COA

Hampton, Joseph Todd v. Nancy Lou Hampton Appeal No. 35660 from Judgment dated MAY 31, 1996, Warren County Chancery Court; The judgment of the Warren County Chancery Court refusing to modify custody of the minor child is reversed and this cause remanded for proceedings not inconsistent with this opinion. Costs of this appeal taxed to appellee. King, J., dissents with separate written opinion joined by Coleman, Payne, and Southwick, JJ.


EN BANC
94-KA-00879-COA

Ramos, Jorge a/k/a Jorge Antonio Ramos v. State of Mississippi Appeal No. 9310698 from Judgment dated AUGUST 12, 1994, Jackson County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-KA-00436-COA

Turner, Andre a/k/a Gerald Andre Turner v. State of Mississippi Appeal No. 8887 from Judgment dated APRIL 21, 1995, Simpson County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
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 rehearing denied. Order entered. Thomas, P.J., not participating


EN BANC
95-KA-00596-COA

Sorrells, Jerry a/k/a Jerry Sorrells II v. State of Mississippi Appeal No. CR94050 from Judgment dated MARCH 03, 1995, ItawambaCounty Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-KP-00623-COA

Yarbro, Thomas a/k/a Tommy Yarbro v. State of Mississippi Appeal No. 4755 from Judgment dated MARCH 31,1995, Rankin County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-KA-00733-COA

Pruitt, Derrick a/k/a Derrick Soloman Pruitt v. State of Mississippi Appeal No. 24287 from Judgment dated SEPTEMBER 15, 1995, Washington County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-CA-00786-COA

Pope, Edward v. Southern Security Life Insurance Company, Inc.and King T. Evans, Sr. Appeal No. 9112208 from Judgmentdated JANUARY 05, 1995, Washington County CircuitCourt; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-CC-00851-COA

Pallets, Inc. and Bituminous Casualty Corporation v. Ray Warren, Pearl River Forest Products, Inc., Georgia Casualty and SuretyCompany, and Georgia-Pacific Corporation Appeal No.950077 from Judgment dated JULY 10, 1995, Walthall County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-KA-00867-COA

Anderson, Carl v. State of Mississippi Appeal No. 1943 from Judgment dated JUNE 18, 1993, Madison County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-01048-COA

Rowsey, James Robert v. State of Mississippi Appeal No. CR9551 from Judgment dated OCTOBER 09, 1995, Panola County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-KA-01115-COA

Hogan, John Metric v. State of Mississippi Appeal No. 13335 from Judgment dated JULY 31, 1995, Oktibbeha County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
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 for rehearing denied. Order entered


PER CURIAM
93-CA-01037-COA

Dawkins & Company v. L & L Planting Company, James P. Love, Jr., The Estate of J. P. Love, The Estate of Clyde Gosnell, Love & Love Farms, Inc., J. P. L. Farms, Inc. and Gosnell Farms,Inc. Appeal No. 9184 from Judgment dated AUGUST 24, 1993, Holmes County Circuit Court; DISPOSITION - Appellees' motion for rehearing on rehearing denied. Order entered. Herring and Hinkebein, JJ., not participating


PER CURIAM
94-KA-01002-COA

Washington, Tommy Lee v. State of Mississippi Appeal No. 9310161 from Judgment dated AUGUST 10, 1994, Jackson County Circuit Court; DISPOSITION - Motion to make bond forfeiture final granted. Order entered


PER CURIAM
95-KA-00124-COA

Higgins, Patrick a/k/a Patrick J. Higgins a/k/a Patrick Joseph Higgins v. State of Mississippi Appeal No. 11703 from Judgment dated DECEMBER 19, 1994, Warren County Circuit Court; DISPOSITION - Motion to refund overpayment of costs denied. Order entered.


PER CURIAM
95-KA-00404-COA

Williams, Douglas D. a/k/a Douglas Dwayne Williams v. State of Mississippi Appeal No. 94117 from Judgment dated FEBRUARY 23, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for time to file motion for rehearing granted. Appellant shall file his motion for rehearing on or before October 14, 1997. Order entered


PER CURIAM
95-KA-01042-COA

Smith, Calvin Morris v. State of Mississippi Appeal No. 9500036 from Judgment dated SEPTEMBER 07, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition of writ of mandamus dismissed as moot. Order entered


PER CURIAM
95-CA-01188-COA

Pisharodi, Madhavan A. , M.D. v. Golden Triangle Regional Medical Center; Radiology Clinic of Columbus; William R. Ford, M.D.; B. L. Sullivan, M.D.; C. B. Dahlke, M.D.; J. M. Griffith, M.D. and M. L. S. Gaines, M.D. Appeal No. 18663 from Judgment dated OCTOBER 02, 1995, Lowndes County Circuit Court; DISPOSITION - Motion for time to file a response to motion for rehearing granted. Appellee shall file its response on or before October 10, 1997. Order entered


PER CURIAM
95-KA-01265-COA

Johnson, Otis v. State of Mississippi Appeal No. 9852 from Judgment dated OCTOBER 23, 1995, Holmes County Circuit Court; DISPOSITION - DISPOSITION - Motion to file pro se out-of-time motion for rehearing granted. Order entered