10/28/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2002-CA-00559-COA

Michael Sheffield v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 01-CV-153(R); Ruling Date: 03/20/2002; Ruling Judge: Larry Roberts; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: McMillin, C.J., Bridges, Lee, Myers and Griffis, JJ., concur. Irving, J., concurs in result only. Concurring Opinion: King, P.J. Votes: Southwick, P.J., Thomas, Lee and Irving, JJ., join this opinion.

Keith P. Guidry v. Pine Hills Country Club, Inc. of Calhoun County; Calhoun Circuit Court; LC Case #: C97-069; Ruling Date: 06/10/2002; Ruling Judge: Henry Lackey; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Calhoun County is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

Gerome Moore v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-0012; Ruling Date: 05/08/2002; Ruling Judge: William Chapman, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Madison County Circuit Court of conviction of armed robbery and sentence of thirty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Madison County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

Melford Smith v. Rizzo Farms, Inc. and Liberty Mutual Insurance Company; Bolivar Circuit Court 2nd District; LC Case #: 2001-0080; Ruling Date: 07/19/2002; Ruling Judge: Larry Lewis; Majority Opinion: Chandler, J. Disposition: The judgment of the Bolivar County Circuit Court is affirmed with regard to claimant's loss of wage earning capacity and remanded to the Commission regarding whether the claimant is entitled to penalties and interest for the failure of appellees to pay timely benefits. Costs of this appeal are taxed to the appellees. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

Willie David Steen and Willie Mae Steen v. Metropolitan Property and Casualty Insurance Company; Sunflower Circuit Court; LC Case #: 2001-0411-CI; Ruling Date: 07/29/2002; Ruling Judge: Richard Smith; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. Costs are assessed to the appellants. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Jimmy Brister, Jr. v. State of Mississippi; Walthall Circuit Court; LC Case #: 99-76-B; Ruling Date: 08/20/2002; Ruling Judge: Mike Smith; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Walthall County denying the motion for post-conviction relief is affirmed. Costs of this appeal are assessed to Walthall County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Jim H. Austin v. State of Mississippi; Lee Circuit Court; LC Case #: CV02-082(G)L; Ruling Date: 11/01/2002; Ruling Judge: Thomas Gardner, III; Majority Opinion: Myers, J. Disposition: The judgment of the Lee County Circuit Court dismissing post-conviction relief is affirmed. Costs are assessed to Lee County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Katina Quinn v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0084P; Ruling Date: 12/14/2001; Ruling Judge: R. Prichard, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of Count I, armed robbery and sentence of twenty-five years without possibility of parole and Count II, conspiracy to commit armed robbery and sentence of five years, with two years suspended on post-release supervision, in the custody of the Mississippi Department of Corrections, with the sentence in Count II to run consecutively to the sentence in Count I, is affirmed. All costs of this appeal are assessed to Marion County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Jimmy E. Campbell v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 99-40-KR2; Ruling Date: 08/29/2001; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of causing the death of another while driving negligently and while intoxicated and sentence of twenty-five years, with five years suspended, in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Daniel Murrell, Sr. v. City of Indianola, Mississippi; Sunflower Circuit Court; LC Case #: 2000-0005K; Ruling Date: 02/15/2002; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, J. Disposition: The judgment of the Sunflower County Circuit Court of conviction of simple domestic violence and sentence of six months in the county jail is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

In Re: The Matter of the Conservatorship of the Estate and the Person of Annie Mae Loyd: Margaret Loyd Lang and Clyde Lang v. Edith Cecille Loyd Lutz, Conservatrix; Claiborne Chancery Court; LC Case #: 99-0099; Ruling Date: 03/28/2001; Ruling Judge: Kennie Middleton; Majority Opinion: Thomas, J. Disposition: The judgment of the Chancery Court of Claiborne County is affirmed. All costs of this appeal are assessed to the appellants. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Corwin T. Hill v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2002-182RD; Ruling Date: 06/13/2002; Ruling Judge: George Ready; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction on Count I possession of a controlled substance and sentence of three years, fine of $5,000 and restitution of $125; Count II, sale of a controlled substance and sentence of fifteen years, fine of $5,000 and restitution of $275, all in the custody of the Mississippi Department of Corrections, sentences to run concurrently, is affirmed. Sentence of fifteen years post-release supervision is reversed and remanded for entry of proper sentencing order. Costs of this appeal are assessed to DeSoto County. Votes: McMillin, C.J., Southwick, P.J., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. King, P.J., concurs in result only.

Tabatha Spoo, a Minor By and Through Her Mother and Next Friend, Detrece Spoo v. T. L. Wallace Construction Company; Attala Circuit Court; LC Case #: 00-0181-CV-L; Ruling Date: 07/29/2002; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Thomas, J. Disposition: The judgment of the Attala County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Elliott Young v. State of Mississippi; Walthall Circuit Court; LC Case #: 01-90-KA; Ruling Date: 02/13/2002; Ruling Judge: Keith Starrett; Majority Opinion: Bridges, J. Disposition: The judgment of the Walthall County Circuit Court dismissing the petition for post-conviction relief is affirmed. Costs are assessed to Walthall County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Catherine Ann Elliott v. George Woods Elliott, Jr.; Madison Chancery Court; LC Case #: 97-201; Ruling Date: 03/06/2002; Ruling Judge: Gail Shaw-Pierson; Majority Opinion: Bridges, J. Disposition: The judgment of the Madison County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Matthew J. Rodolfich v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-02-00012; Ruling Date: 06/18/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Bridges, J. Disposition: The judgment of the Harrison County Circuit Court dismissing motion for post-conviction relief is affirmed. Costs of this appeal are assessed to Harrison County. Votes: King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. McMillin, C.J., concurs in result only.

In the Matter of the Estate of Ezell "Boggie" a/k/a "Boogie" Thomas, Deceased: Sharon Haley, Jannie Collins, Derick Thomas, Eric Thomas, Timothy Thomas, Lynn Vallian, Dezie Haley, Gayle Haley, Demetria Murry, Jimmy Dale Dixon, Ray Joseph Fountain, Delanious Grinnell and Marion Oliver v. Glenda Joyce Thomas, Administrator; Jefferson Chancery Court; LC Case #: 97-0162; Ruling Date: 06/28/2002; Ruling Judge: George Ward; Majority Opinion: Bridges, J. Disposition: The judgment of the Jefferson County Chancery Court is reversed and rendered. Costs are taxed against the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Charles McQuirter v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2001-KR-038-S; Ruling Date: 06/21/2002; Ruling Judge: Lillie Sanders; Majority Opinion: Bridges, J. Disposition: The judgment of the Wilkinson County Circuit Court of conviction of burglary of a storehouse and sentence of seven years in the custody of the Mississippi Department of Corrections as an habitual offender is affirmed. Costs of this appeal are assessed to Wilkinson County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

In the Interest of: E. A. J., a Minor; Harrison Youth Court 1st District; LC Case #: 24YCO29O358; Ruling Date: 07/29/2002; Ruling Judge: Michael Ward; Majority Opinion: Bridges, J. Disposition: The judgment of the Harrison County Youth Court is affirmed. Costs of the appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Mark Carr v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-062; Ruling Date: 08/14/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Bridges, J. Disposition: The judgment of the Tippah County Circuit Court denying post-conviction relief is affirmed. Costs of this appeal are assessed to Tippah County. Votes: King and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. McMillin, C.J., and Irving, J., concur in result only.

Jonathan McGriggs v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0640; Ruling Date: 12/20/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Bridges, J. Disposition: The judgment of the Copiah County Circuit Court dismissing the motion for post-conviction relief is affirmed. Costs are assessed to Copiah County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only.

Lytricia Lambert v. Travis Lambert; Lawrence Chancery Court; LC Case #: 2000-0114; Ruling Date: 06/12/2001; Ruling Judge: J. Buffington; Majority Opinion: King, P.J. Disposition: The judgment of the Chancery Court of Lawrence County is reversed and rendered. All costs are assessed to the appellee. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Larry Collins v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-0687-CR1; Ruling Date: 02/21/2002; Ruling Judge: John Montgomery; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction on Count I of rape and sentence of life and on Count II of armed robbery and sentence of life in the custody of the Mississippi Department of Corrections, with sentences to run consecutively and shall not be reduced or suspended and defendant shall not be eligible for parole or probation, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Henry Denson a/k/a June-June v. State of Mississippi; Madison Circuit Court; LC Case #: 2001-0165; Ruling Date: 03/25/2002; Ruling Judge: Samac Richardson; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Madison County of conviction of sale of cocaine and sentence of thirty years in the custody of the Mississippi Department of Corrections, with ten years suspended, five years of supervised probation, and restitution of $5,000, suspended, is affirmed. All costs of this appeal are assessed to Madison County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Johnny Gene Crosby v. State of Mississippi; Covington Circuit Court; LC Case #: 2001-61K; Ruling Date: 08/15/2002; Ruling Judge: Robert Evans; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Covington County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Covington County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Reginald Wayne Carter v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0075-CR-V; Ruling Date: 05/07/2002; Ruling Judge: Frank Vollor; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Warren County of conviction of manslaughter and sentence of twenty years, fifteen years to serve in the custody of the Mississippi Department of Corrections and five years post-release supervision, is affirmed. All costs of this appeal are assessed to Warren County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., Concur.

Shad Edward Nichols v. State of Mississippi; Simpson Circuit Court; LC Case #: 2001-43-K; Ruling Date: 01/04/2002; Ruling Judge: Robert Evans; Disposition: Appellant's motion for rehearing denied.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 02/15/2002; Ruling Judge: James Gore; Disposition: Upon consideration of the appellee's motion for rehearing and the appellant's response to the motion, the motion for rehearing is denied. Griffis, J., would grant. Chandler, J., not participating.

Steve Jasper v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-132-K; Ruling Date: 01/18/2002; Ruling Judge: Robert Bailey; Disposition: Appellant's motion for rehearing is denied.

Vantonias Elliott v. State of Mississippi; Marshall Circuit Court; LC Case #: M01-523; Ruling Date: 12/03/2001; Ruling Judge: Henry Lackey; Disposition: Appellant's motion for rehearing is denied.

Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of Stephanie Ann Pell, Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; Disposition: Appellant's motion for rehearing denied. Griffis, J., would grant.