Mississippi Court of AppealsHand Down List
November 2, 2004
11/02/2004 - Hand Down and published opinions in WordPerfect/ZIP format
Griffis, T. Kenneth
X 2002-CP-00740-COA
Rickey Toney v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KV-0291-S; Ruling Date: 09/24/2002; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Adams County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Adams County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.
Griffis, T. Kenneth
X 2002-KA-01577-COA
Grover C. Hodges v. State of Mississippi; Pike Circuit Court; LC Case #: 02-141-KB; Ruling Date: 08/30/2002; Ruling Judge: Mike Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Pike County of unlawful possession of marijuana with intent to distribute within 1,500 feet of a school and sentence of forty years in the custody of the Mississippi Department of Corrections with the first twenty years to serve and the remaining twenty years on post-release supervision, with the first five years of the post-release supervision on a reporting basis and the remaining fifteen years on a non-reporting basis, pay fine of $25,000 and $10,000 in restitution to the Crime Victims Compensation Fund is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.
Griffis, T. Kenneth
X 2003-KA-01250-COA
Russell L. Johnson v. State of Mississippi; Scott Circuit Court; LC Case #: 03-CR-050-SC-G; Ruling Date: 06/13/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Griffis, J. Disposition: The judgment of the Scott County Circuit Court of conviction of strong armed robbery and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.
Griffis, T. Kenneth
X 2003-CC-01305-COA
Ivory J. Welch v. Mississippi Employment Security Commission; Hinds Circuit Court 1st District; LC Case #: 251-03-221CIV; Ruling Date: 05/02/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Griffis, J. Disposition: The judgment of the Hinds County Circuit Court affirming the order of the Board of Review of the Mississippi Employment Security Commission is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.
Griffis, T. Kenneth
X 2003-KA-01925-COA
Robert Cox a/k/a Pig v. State of Mississippi; Clay Circuit Court; LC Case #: 8282; Ruling Date: 07/16/2003; Ruling Judge: Lee Howard; Majority Opinion: Griffis, J. Disposition: The judgment of the Clay County Circuit Court of conviction of sale of cocaine and sentence of eighteen years in the custody of the Mississippi Department of Corrections and five years' post-release supervision and fine of $5,000 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.
Griffis, T. Kenneth
X 2003-CP-02150-COA
Charles Robert Gaddis v. State of Mississippi; Forrest Circuit Court; LC Case #: CI03-0060; Ruling Date: 08/15/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Forrest County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.
Lee, L. Joseph
X 2003-CP-02015-COA
Willie Charles Townsend v. State of Mississippi; Scott Circuit Court; LC Case #: 4466; Ruling Date: 08/28/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Scott County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
Lee, L. Joseph
X 2003-CP-02742-COA
Moses McDonald v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2003-26-CV7; Ruling Date: 09/25/2003; Ruling Judge: Billy Landrum; Majority Opinion: Lee, P.J. Disposition: The judgment of the Jones County Circuit Court denying post-conviction relief is affirmed. Costs of this appeal are assessed to Jones County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
Lee, L. Joseph
X 2004-CP-00016-COA
Christopher Baldwin v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2003-0405; Ruling Date: 10/09/2003; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Pearl River County Circuit Court denying post-conviction relief is affirmed. Costs of this appeal are taxed to Pearl River County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
Bridges, Billy G.
X 2003-KA-01819-COA
Undrea O. Minor v. State of Mississippi; Newton Circuit Court; LC Case #: 03-CR-018-NWG; Ruling Date: 08/07/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Newton County of conviction of exploitation of a child and sentence of ten years in the custody of the Mississippi Department of Corrections and to pay a fine of $25,000, with $22,500 suspended is affirmed. All costs of this appeal are assessed to Newton County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
Bridges, Billy G.
X 2003-CP-02670-COA
Robert Kemp v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1999-0200-CV; Ruling Date: 10/29/2003; Ruling Judge: Lee Howard; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Oktibbeha County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
King, Leslie D.
X 2003-CA-00339-COA
Arthur Gene Keen and Joyce I. Keen v. Simpson County, Mississippi, Simpson County Sheriff's Department and J. C. Dillon, Sheriff of Simpson County, Mississippi; Simpson Circuit Court; LC Case #: 2002-35; Ruling Date: 01/14/2003; Ruling Judge: V. Cotten; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Simpson County is affirmed. All costs of this appeal are assessed against the appellants. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., not participating.
King, Leslie D.
X 2003-KA-00763-COA
Willie C. Rogers a/k/a Willie Rodgers v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0277; Ruling Date: 03/03/2003; Ruling Judge: Samac Richardson; Majority Opinion: King, C.J. Disposition: The judgment of the Madison County Circuit Court of conviction of sale of cocaine and sentence of thirty years in the custody of the Mississippi Department of Corrections, with fifteen years suspended, and five years of supervised probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
King, Leslie D.
X 2003-CC-02194-COA
Vanessa R. Daniels v. Mississippi Employment Security Commission; Washington Circuit Court; LC Case #: Ci-2003-93; Ruling Date: 07/28/2003; Ruling Judge: Richard Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
X 2002-KA-01509-COA
Wilbur Pittman a/k/a Wilbur Gene Pittman, Jr. and Sarah E. Pittman v. State of Mississippi; Greene Circuit Court; LC Case #: 21-01-10,011(2); Ruling Date: 08/15/2002; Ruling Judge: Kathy Jackson; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Greene County of conviction of Wilbur Gene Pittman, Jr. and Sarah E. Pittman of possession of precursor chemicals with the intent to manufacture methamphetamines and sentence of twenty-five years each in the custody of the Mississippi Department of Corrections and fine of $10,000 each is affirmed. Costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
2002-CA-01671-COA
Timothy Bun Hammers v. Stephanie Evonne (Gilliam) Hammers; DeSoto Chancery Court; LC Case #: 00-6-906 L; Ruling Date: 09/06/2002; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellee's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.
EN BANC
2002-KA-02120-COA
James D. Boggan a/k/a James Douglas Boggan v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 385-01; Ruling Date: 11/21/2002; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.
EN BANC
X 2003-CA-00045-COA
Jim Kindred, Individually, As Wrongful Death Beneficiary, and on Behalf of The Estate of Diana Kindred, Deceased v. Columbus Country Club, Inc.; Lowndes Circuit Court; LC Case #: 2000-0156CVI; Ruling Date: 09/05/2002; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, JJ., concur. Ishee, J., concur in result only. Chandler and Barnes, JJ., not participating.
EN BANC
2003-KA-00235-COA
Willie Earl Clay a/k/a Willie E. Clay, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 459-02; Ruling Date: 11/25/2002; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing is denied. Irving, Barnes and Ishee, JJ., not participating.
EN BANC
X 2003-KA-00470-COA
Jack Jones, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0542-CR1; Ruling Date: 11/26/2002; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of robbery 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 assessed to Lowndes County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
2003-KA-00547-COA
Willie Walter Moses v. State of Mississippi; Marion Circuit Court; LC Case #: K01-0367E; Ruling Date: 01/09/2003; Ruling Judge: Michael Eubanks; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.
EN BANC
XXX 2003-CC-01153-COA
Mississippi Real Estate Commission v. Sarah Marie McCaughan, Broker; Rankin Circuit Court; LC Case #: 2002-297; Ruling Date: 05/12/2003; Ruling Judge: Samac Richardson; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Rankin County is reversed and the order of the Mississippi Real Estate Commission is reinstated. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers and Ishee, JJ., concur. Bridges, P.J., not participating. Specially Concurring Opinion: Irving, J. Votes: Chandler, J., joins this opinion. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Lee, P.J., and Barnes, J., join this opinion.
EN BANC
XX 2003-CA-01154-COA
Dennis A. Simpson v. Dr. Michael H. Lovelace, The Surgery Consultants of Oxford, P.A. and Baptist Memorial Hospital - North Mississippi, Inc.; Lafayette Circuit Court; LC Case #: L02-546; Ruling Date: 05/15/2003; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Myers, Griffis, Barnes and Ishee, JJ., concur. Dissenting Opinion: Chandler, J. Votes: Bridges, P.J., joins this opinion.
EN BANC
X 2003-CA-02115-COA
Ellis Mann v. Pamela Mann; Pearl River Chancery Court; LC Case #: 99-0699-GN-TH; Ruling Date: 08/20/2003; Ruling Judge: James Thomas, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
XX 2003-KA-02142-COA
Ernest D. Marbra a/k/a David Earnest Marbra a/k/a David Ernest Marbra v. State of Mississippi; Jackson Circuit Court; LC Case #: 01-10,262(1); Ruling Date: 07/17/2003; Ruling Judge: Robert Krebs; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Jackson County 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 assessed to the appellant. Votes: Lee, P.J., Myers and Chandler, JJ., concur. Ishee, J., not participating. Dissenting Opinion: King, C.J. Votes: Irving, Griffis and Barnes, JJ., join this opinion.