Mississippi Court of Appeals

Hand Down Lists
November 13, 2001

11/13/2001 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X 2000-CP-01925-COA

Culbert, Jimmy v. State of Mississippi Warren Circuit Court; LC Case#: 12,323-V; Ruling Date: 10/30/2000; Ruling Judge: Frank Vollor; Majority Opinion: Chandler, J. Disposition: The judgment of the Warren County Circuit Court denying post-conviction relief is affirmed. Warren County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Brantley, J., Concur. Southwick, P.J., Concurs in result only.


Myers, William H.
X 2000-KA-00847-COA

Watts, Greg and Carla L. McLemore a/k/a Carla Lehmann McLemore v. State of Mississippi Franklin Circuit Court; LC Case#: 99-0014KR; Ruling Date: 05/05/2000; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Franklin County of conviction of Greg Watts for aggravated assault and sentence of five years in the custody of the Mississippi Department of Corrections, after serving six months of said sentence in the Franklin County jail, the balance of four and one-half years suspended, with four and one-half years post-release supervision is affirmed. The judgment of the Circuit Court of Franklin County of conviction of Carla L. McLemore for aggravated assault and sentence of five years in the custody of the Mississippi Department of Corrections with five years suspended and five years probation is hereby affirmed. Appellants taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Chandler, J., Brantley, J., Concur.


Myers, William H.
X 2000-KA-01250-COA

Smith, James Earl v. State of Mississippi Carroll Circuit Court 2nd District; LC Case#: 2000-0006-CR2; Ruling Date: 05/11/2000; Ruling Judge: C. Morgan, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Carroll County of conviction of escape and sentence of five years in the custody of the Mississippi Department of Corrections is hereby affirmed. Carroll County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Chandler, J., Brantley, J., Concur.


Irving, Tyree
X 1999-KA-01769-COA

Lowe, Charles a/k/a "Baby Lowe" v. State of Mississippi Jefferson Circuit Court; LC Case#: 99-9KR; Ruling Date: 10/04/1999; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jefferson County of conviction of grand larceny and sentence of four years in the custody of the Mississippi Department of Corrections is affirmed. Jefferson County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur.


Irving, Tyree
x 2000-CA-00453-COA

Livingston, Kirk Douglas v. State of Mississippi DeSoto Circuit Court; LC Case#: CV98-0228-B-D; Ruling Date: 03/10/1999; Ruling Judge: Andrew Baker; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of DeSoto County denying the motion for post-conviction relief is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur.


Irving, Tyree
X 2000-KA-00622-COA

Certain, Charles a/k/a Charles Joseph Certain v. State of Mississippi Pearl River Circuit Court; LC Case#: 98-K-330E; Ruling Date: 03/03/2000; Ruling Judge: Michael Eubanks; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Pearl River County of conviction of conspiracy to sell a controlled substance within 1,500 feet of a church and sentence of twenty years with ten years suspended, and ten years post-release supervision in the custody of the Mississippi Department of Corrections is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur.


Irving, Tyree
X 2000-KA-01400-COA

Howell, Timothy Hill v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 99-0-768; Ruling Date: 06/20/2000; Ruling Judge: L. Hilburn; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of possession of more than one-tenth gram but less than two grams of cocaine and sentence of six years, three years to serve in the custody of the Mississippi Department of Corrections, three years suspended and three years supervised probation is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur.


Lee, L. Joseph
XX 1999-KA-01778-COA

Hodge, Paul Revere v. State of Mississippi DeSoto Circuit Court; LC Case#: 99134RD; Ruling Date: 09/24/1999; Ruling Judge: George Ready; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count One burglary of a building and sentence of three years; Count Two burglary of a building and sentence of seven years to run consecutively to the sentence in Count One, all in the custody of the Mississippi Department of Corrections is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Myers, J., Chandler, J., Brantley, J., Concur. Dissenting Opinion: Irving, J. Votes: King, P.J., Joins.


Thomas, James E.
X 2000-KA-01382-COA

Burbank, Robert Jr. a/k/a Robert Arthur Burbank, Jr. v. State of Mississippi Hancock Circuit Court; LC Case#: 8569; Ruling Date: 05/12/2000; Ruling Judge: Kosta Vlahos; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Hancock County of conviction of Count II sexual battery and sentence of ten years and Count III touching a child for lustful purposes and sentence of five years with sentences to run consecutively in the custody of the Mississippi Department of Corrections with eight years suspended and five years post-release supervision is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Thomas, James E.
X 2000-CP-01647-COA

McGleachie, Danny v. State of Mississippi Washington Circuit Court; LC Case#: CI-20-0174; Ruling Date: 08/23/2000; Ruling Judge: Gray Evans; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Washington County denying post-conviction relief is affirmed. Washington County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Thomas, James E.
X 2000-CP-01759-COA

Smith, Ricky v. State of Mississippi Lauderdale Circuit Court; LC Case#: 00-CV-034 (R); Ruling Date: 09/15/2000; Ruling Judge: Larry Roberts; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction relief is affirmed. Lauderdale County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Southwick, Leslie H.
X 2000-CA-00961-COA

White, Thomas, Elwood White and All Persons Residing Therein as "John Does" v. Corby Lee Usry and Doris J. Usry Hinds Chancery Court 1st District; LC Case#: G-99-2088 S/2; Ruling Date: 05/30/2000; Ruling Judge: William Singletary; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Hinds County denying confirmation of title in the appellants by adverse possession, confirming title in the appellees, and granting a writ of assistance is reversed and remanded. The judgment ordering the appellants to pay attorneys' fees is reversed and rendered. The judgment insofar as it corrects descriptions in relevant deeds is affirmed. Appellants and Appellees taxed equally with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. Brantley, J., Not Participating.


Southwick, Leslie H.
X 2000-WC-01943-COA

Hawkins, Dionne v. Treasure Bay Hotel & Casino and Insurance Company of the State of Pennsylvania Harrison Circuit Court 2nd District; LC Case#: A2402-2000-63; Ruling Date: 10/18/2000; Ruling Judge: Robert Walker; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Southwick, Leslie H.
X 2001-CP-00316-COA

Robinson, James D. v. State of Mississippi Montgomery Circuit Court; LC Case#: 99-0125CV-M; Ruling Date: 02/02/2001; Ruling Judge: C. Morgan, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Montgomery County denying post-conviction relief is affirmed. Montgomery County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


EN BANC
1999-KA-01686-COA

Kittrell, Michael B. a/k/a Michael Brian Kittrell v. State of Mississippi Rankin Circuit Court; LC Case#: 10,851; Ruling Date: 09/22/1999; Ruling Judge: Kent McDaniel; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.


EN BANC
2000-KA-00306-COA

McDonald, Tyrone v. State of Mississippi Claiborne Circuit Court; LC Case#: 99-0114; Ruling Date: 01/24/2000; Ruling Judge: Lamar Pickard; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.


EN BANC
2000-CA-00681-COA

McClatchy Planting Company and Amanda Ellis v. Rex Harris, Guardian of Ashley Harris, A Minor Sunflower Circuit Court; LC Case#: 97-0111; Ruling Date: 02/23/2000; Ruling Judge: Gray Evans; Disposition: Appellants' motion for rehearing is denied. Brantley, J., not participating.