Mississippi Court of Appeals

Hand Down Lists
November 12, 1996

11/12/1996 - Hand Down and published opinions in WordPerfect/ZIP format

John J. Fraiser, Jr., C.J.
93-KA-00649-COA

Forshee, Leon v. State of Mississippi Appeal No. 12921 from Judgment dated MAY 06, 1993, Monroe County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


Frank D. Barber, J.
94-KA-00539-COA

Watts, Ronnie a/k/a Ronald Lee Watts v. State of Mississippi Appeal No. 35271 from Judgment dated MAY 04, 1994, Lawrence County Circuit Court; The judgment of the Lawrence County Circuit Court of conviction of possession of a controlled substance with intent to transfer and sentenced as a habitual offender to a term of sixty (60) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to Lawrence County. Fraiser, C.J., not participating.


Frank D. Barber, J.
94-KA-00858-COA

Lewis, Jerome a/k/a Lee Lee v. State of Mississippi Appeal No. 38793 from Judgment dated MARCH 02, 1994, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of burglary of an inhabited dwelling and sentenced as a habitual offender to serve a term of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. Costs of appeal are assessed against Lauderdale County.


Frank D. Barber, J.
94-KA-01198-COA

Fisher, David v. State of Mississippi Appeal No. 8717 from Judgment dated SEPTEMBER 16, 1994, Wayne County Circuit Court; The judgment of the Circuit Court of Wayne County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Wayne County.


John J. Fraiser, Jr., C.J.
94-CA-01077-COA

Baldwin, Jr., Gerald Keats v. Kathie Hitt Baldwin Appeal No. 37370 from Judgment dated AUGUST 31, 1994, Rankin County Chancery Court; On the direct appeal, the judgment of the Rankin County Chancery Court is reversed insofar as it vests Kathie Baldwin with title to the nonmarital property of Jerry Baldwin and this cause is remanded for action not inconsistent with this opinion. The judgment awarding Kathie attorney's fees and the equitable division of marital property is affirmed. On cross appeal, the judgment of the Rankin County Chancery Court is affirmed. Costs to be divided equally between the parties. Bridges, P.J., and Payne, J., not participating.


Leslie H. Southwick, J.
92-KA-00976-COA

Hickson, Brian Clayton v. State of Mississippi Appeal No. 7697 from Judgment dated AUGUST 20, 1992, Jones County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered.


James E. Thomas, P.J.
92-KA-01144-COA

Wade, Shelley L. v. State of Mississippi Appeal No. 13225 from Judgment dated MAY 11, 1992, Lafayette County Circuit Court; DISPOSITION - Motion for voluntary dismissal of motion for rehearing and for bond granted. Costs, if any, are assessed to appellant. Order entered. Motion to expedite mandate granted. Order entered.


Mary Libby Payne, J.
93-KA-00165-COA

Stokes, Shirley a/k/a "Faye" v. State of Mississippi Appeal No. 8132 from Judgment dated JANUARY 29, 1993, Coahoma County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


Frank D. Barber, J.
93-KA-00915-COA

Haynes, Michael v. State of Mississippi Appeal No. 11182 from Judgment dated JUNE 11, 1993, Lincoln County Circuit Court; The judgment of the Lincoln County Circuit Court of conviction of four counts of sexual battery and sentenced as a habitual offender to a term of thirty years on each count to run concurrently in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Lincoln County.


James E. Thomas, P.J.
93-CA-01287-COA

Bell, Bernice v. Randall Barber and Janie Barber Appeal No. CI922CT from Judgment dated OCTOBER 27, 1993, Tate County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
94-KA-00581-COA

Hathorne, Leroy v. State of Mississippi Appeal No. 4729 from Judgment dated MAY 25, 1994, Winston County Circuit Court; The judgment of the Winston County Circuit Court of conviction of murder and sentence to serve a term of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to Winston County.


EN BANC
94-CC-00917-COA

Walker, Delois v. Brentwood Originals and Mississippi Manufacturers Association Workers' Compensation Group Appeal No. CV940099 from Judgment dated AUGUST 19, 1994, DeSoto County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


John J. Fraiser, Jr., C.J.
95-KA-00079-COA

Byrd, Perry v. State of Mississippi Appeal No. CR94221 from Judgment dated JANUARY 06, 1995, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of simple assault and burglary is affirmed in part and reversed in part. Count I, burglary, is reversed and remanded for a new trial; Count II, simple assault, sentenced to serve six months, with six months suspended, is affirmed. The costs are assessed to DeSoto County. Fraiser, C.J., Bridges and Thomas, P.JJ., Coleman, King, and Southwick, JJ., concur. Payne, J., concurs in part and dissents in part with separate opinion joined by Barber, Diaz, and McMillin, JJ.


Leslie H. Southwick, J.
95-CA-00544-COA

Williams, Freddie v. Edward Hargett, Superintendent, Mississippi State Penitentiary; Christopher Epps, Director, Offender Services, Mississippi State Penitentiary; and Earl Jackson, Case Manager Supervisor of Area V, Mississippi State Penitentiary Appeal No. 950038 from Judgment dated APRIL 24, 1995, Sunflower County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Leslie H. Southwick, J.
94-CA-00196-COA

Hurst, Geraldine, Executrix for the Estate of Josie Connerly; Geraldine Hurst and Kenneth Hurst v. Southwest Mississippi Legal Services Corporation and Hilda Burnett Baker Appeal No. 4389 from Judgment dated NOVEMBER 01, 1993, Pike County Circuit Court; DISPOSITION - Appellant's motion for additional time to file motion for rehearing granted. Motion due on or before November 8, 1996. No further extensions will be granted. Order entered.


John J. Fraiser, Jr., C.J.
94-CA-00359-COA

White, Miona Cook v. Douglas Michael Sipe Appeal No. 92137 from Judgment dated JANUARY 20, 1994, Lee County Circuit Court; DISPOSITION - Motion to suspend the rules and for enlargement of time in which to file response to motion for rehearing granted. Appellee has three days from entry of this order to respond to the motion for rehearing. Order entered.


James E. Thomas, P.J.
94-CA-00930-COA

Smith, Mattie and North Mississippi Rural Legal Services v. Oxford School District Appeal No. 93310 from Judgment dated NOVEMBER 12, 1993, Lafayette County Chancery Court; DISPOSITION - Motion to withdraw as counsel for Mattie Smith filed by Ava N. Jackson, Mary A. Brown and Danny Lampley granted. Motion for additional time for filing motions for rehearing or other pleadings is extended for fourteen (14) days subsequent to entry of this order. Order entered.


James E. Thomas, P.J.
94-KA-00220-COA

Pace, Wendell a/k/a Wendall Pace v. State of Mississippi Appeal No. 92010 from Judgment dated JANUARY 28, 1994, Monroe County Circuit Court; The judgment of the Circuit Court of Monroe County of conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections with ten years suspended is affirmed. Costs are assessed to Monroe County.


Leslie D. King, J.
93-KA-00325-COA

Walls, Melvin Frank v. State of Mississippi Appeal No. 5242 from Judgment dated MARCH 11, 1993, Quitman County Circuit Court; The judgment of the Circuit Court of Quitman County of conviction of carrying a controlled substance onto property belonging to the Mississippi Department of Corrections and sentence to serve 10 years in the custody of the Mississippi Department of Corrections is affirmed. This sentence shall run consecutively to any and all sentences previously imposed. Costs of this appeal are taxed to Quitman County.


James E. Thomas, P.J.
94-KA-00607-COA

Cotton, Steve v. State of Mississippi Appeal No. 8293 from Judgment dated MAY 05, 1994, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of burglary of a business and sentence to seven years in the custody of the Mississippi Department of Corrections with three years suspended is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed, and the appellant shall make full restitution to the victim. All costs are assessed to Coahoma County.


James E. Thomas, P.J.
95-CA-00022-COA

Furlow, Jr., Loyd B. and Nellie Furlow v. M. D. Bailey and Sons Electric Co., Inc. and Standard Roofing & Sheet Metal, Inc. Appeal No. 93-75333 from Judgment dated December 1, 1994, 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 appeal are taxed to the appellants.


Leslie H. Southwick, J.
93-CA-00889-COA

Stephens, Michael D., IN THE MATTER OF THE LAST WILL AND TESTAMENT OF H. D. STEPHENS: vs. Dudley J. Stephens, Individually, and as Executor and Trustee of the Last Will and Testament of H. D. Stephens and Dudley J. Stephens v. Michael D. Stephens; Howard T. Stephens; Margaret Stephens, Guardian of Sonya Stephens; and Steve Craig Stephens Appeal No. 16719 from Judgment dated JUNE 28, 1993, Prentiss County Chancery Court; The judgment of the Chancery Court of Prentiss County is affirmed on direct and cross appeals. Costs of this appeal are taxed equally to the appellant and to the cross-appellant.


Mary Libby Payne, J.
93-KA-00736-COA

Terry, Alton James v. State of Mississippi Appeal No. 7615 from Judgment dated MAY 12, 1993, Hancock County Circuit Court; The judgment of the Circuit Court of Hancock County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hancock County. Thomas, P.J., not participating.


Mary Libby Payne, J.
94-KA-00061-COA

Burton, Jr., Clinton v. State of Mississippi Appeal No. 9257CP1 from Judgment dated DECEMBER 16, 1993, Panola County Circuit Court, First Judicial District; The judgment of the Circuit Court of Panola County of conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections with the last five (5) years suspended and five (5) years of supervised probation is affirmed. All costs of this appeal are taxed to the appellant.


Mary Libby Payne, J.
95-CA-00087-COA

Strider, Michael Lewis, as Father and Next Friend of Michael Colby Jackson v. April Marie Jackson, Individually, and Gwin Jackson, Jr. and Joy Jackson, as Natural Guardians of April Marie Jackson Appeal No. 30841 from Judgment dated DECEMBER 20, 1994, Coahoma County Chancery Court; The judgment of the Chancery Court of Coahoma County is reversed and remanded as to the amount of child support, affirmed as to the award for reimbursement of medical expenses, and affirmed as to attorney's fees. All costs of this appeal are taxed to the appellant. Bridges, P.J., concurs in part and dissents in part joined by Fraiser, C.J., and Thomas, P.J.


Mary Libby Payne, J.
95-KA-00458-COA

Jones, Amy Renee v. State of Mississippi Appeal No. CR94271 from Judgment dated APRIL 25, 1995, DeSoto County Circuit Court; The judgment of the Circuit Court of DeSoto County of conviction of culpable negligent manslaughter and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections with the last seven (7) years suspended pending the future good behavior of the appellant is affirmed. All costs of this appeal are taxed to DeSoto County.


Billy G. Bridges, P. J.
93-CA-01228-COA

Brown, Sondra Denise, By and Through her Mother and Next Friend, Mary Miers Brown v. Fred Lee McMath Appeal No. 8612344 from Judgment dated OCTOBER 04, 1993, Grenada County Chancery Court; The judgment of the Grenada County Chancery Court is reversed and rendered on the issue of terminating child support before the age of twenty-one and is reversed and remanded for further proceedings not inconsistent with this opinion on the issue of providing college expenses. All costs of this appeal are taxed to the appellee, Fred Lee McMath. King, J., not participating.


Leslie D. King, J.
93-KA-01312-COA

Johnson, III, Willie a/k/a "Third" v. State of Mississippi Appeal No. 5246 from Judgment dated MARCH 22, 1993, Quitman County Circuit Court; The judgment of the Circuit Court of Quitman County of conviction of aggravated assault and sentence of 10 years in the custody of the Mississippi Department of Corrections is affirmed. Sentence shall run consecutively to any and all sentences previously imposed. Costs of this appeal are taxed to Quitman County.


Oliver E. Diaz, Jr., J.
93-KA-00262-COA

Williams, Roderick a/k/a Roger Williams v. State of Mississippi Appeal No. 8110 from Judgment dated MARCH 04, 1993, Coahoma County Circuit Court; The judgment of conviction in the Coahoma County Circuit Court of rape and sentence of twelve (12) years in the custody of the Mississippi Department of Corrections with six (6) years suspended and to make full restitution to victim is affirmed. The sentence imposed in this cause shall run consecutively to any and all sentences previously imposed. Costs of this appeal are taxed to appellant.


Oliver E. Diaz, Jr., J.
93-CA-00967-COA

Wells, Harvey R. v. Eugene E. Taylor, M. D. Appeal No. 6786 from Judgment dated JULY 26, 1993, Adams County Circuit Court; The judgment of the Adams County Circuit Court of summary judgment in favor of the appellee is affirmed. Costs of this appeal are taxed to the appellant.


Oliver E. Diaz, Jr., J.
93-KA-01227-COA

Courington, James Howard v. State of Mississippi Appeal No. 12204 from Judgment dated AUGUST 25, 1992, Lowndes County Circuit Court; The judgment of the Lowndes County Circuit Court of conviction of murder as a habitual offender and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to Lowndes County.


Oliver E. Diaz, Jr., J.
94-KA-00039-COA

Owen, Danny v. State of Mississippi Appeal No. 93238 from Judgment dated NOVEMBER 19, 1993, Lee County Circuit Court; The judgment of conviction in the Lee County Circuit Court of sexual battery with sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, and restitution of $1000 to the Crime Victim Compensation Program is affirmed. This sentence shall run consecutively to any sentence currently serving. Costs of this appeal are taxed to Lee County.


Thomas A. Coleman, J.
94-CA-00793-COA

Knight, Brian v. C. F. Grimes Appeal No. 58116 from Judgment dated JUNE 23, 1994, Jackson County Chancery Court; The judgment of the Chancery Court of Jackson County is affirmed. Costs are assessed to the appellant.


Thomas A. Coleman, J.
94-CA-01187-COA

Frasier, Larry E. v. Jacquelin Frasier Allen Appeal No. 89507 from Judgment dated AUGUST 04, 1994, Lauderdale County Chancery Court; The judgment of the Lauderdale County Chancery Court is affirmed. The costs of this appeal are assessed to the appellant.


EN BANC
95-KA-00869-COA

Campbell, Clyde v. State of Mississippi Appeal No. 9041 from Judgment dated AUGUST 07, 1995, Adams County Circuit Court; DISPOSITION - Appellant's pro se Motion to amend attorney's appellant brief denied. Order entered.