Mississippi Court of Appeals

Hand Down Lists
November 16, 1999

11/16/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Thomas, James E.
X 1998-CA-01417-COA

Hart, Gilda Wilburn, Deceased, In the Matter of the Estate of, and Edsel Anthony Armstrong and Gwendolyn Elaine Chamberlain v. Lelar James Pearl River Chancery Court; LC Case#: 940516GN; Ruling Date: 08/22/1998; Ruling Judge: W. O'Barr, Jr. Majority Opinion: Thomas, J. Disposition: The judgment of the Pearl River County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Lee, J., Moore, J., Payne, J., Concur. Irving, J., Not Participating.


Payne, Mary Libby
X 98-KA-00182-COA

Ford, Tyderius v. State of Mississippi Washington Circuit Court; LC Case#: 25203; Ruling Date: 12/12/1997; Ruling Judge: W. Hines; Majority Opinion: Payne, J. Disposition: The judgment of the Washington County Circuit Court of the conviction of Count I of conspiracy and sentence of five years; Count II of armed robbery and sentence of forty years; and Count III of possession of a firearm by a convicted felon and sentence of three years all in the custody of the Mississippi Department of Corrections is affirmed. Sentences imposed shall run consecutively to any and all sentences previously imposed. Washington County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur.


Payne, Mary Libby
X 1998-CC-01243-COA

Walters, Sam, and Sam Walters Amusement v. The City of Greenville, The City Council of Greenville, Mississippi, Its Governing Authority, and the Honorable Paul C. Artman, Mayor, City of Greenville, State of Mississippi Washington Circuit Court; LC Case#: CI970091; Ruling Date: 07/17/1998; Ruling Judge: Gray Evans; Majority Opinion: Payne, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur.


Payne, Mary Libby
X 1998-KA-01497-COA

Carter, Phillip v. State of Mississippi Lowndes Circuit Court; LC Case#: 98100CR; Ruling Date: 09/02/1998; Ruling Judge: Lee Howard; Majority Opinion: Payne, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of violation of health department quarantine order and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. Lowndes County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur.


Moore, Dudley Rook, III
X 1998-CA-01270-COA

Young, R. James, Interim Successor Trustee of Clinton Gilliam Rotenberry Trust v. William Lamar Hooker Quitman Chancery Court; LC Case#: 11175; Ruling Date: 07/20/1998; Ruling Judge: Jon Barnwell; Consolidated With 1998-CA-01272-COA R. James Young, Interim Successor Trustee of Clinton Gilliam Rotenberry Trust v. William Lamar Hooker; Quitman Chancery Court; LC Case#: 9638; Ruling Date: 07/20/1998; Ruling Judge: Jon Barnwell; Majority Opinion: Moore, J. Disposition: The judgment of the Quitman County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Payne, J., Thomas, J., Concur. Lee, J., Not Participating.


Lee, L. Joseph
X 98-KA-00448-COA

Wooten, Cleotha v. State of Mississippi Washington Circuit Court; LC Case#: 25171; Ruling Date: 02/27/1998; Ruling Judge: Shirley Byers; Majority Opinion: Lee, J. Disposition: The judgment of the Washington County Circuit Court of conviction on Count I of aggravated assault and sentence to 10 years to run consecutive to Case No. 23952; Count II possession of a firearm by a convicted felon and sentence to 2 years to run concurrent with Count I and consecutive to Case No. 23952, both in the custody of the Mississippi Department of Corrections is affirmed. Washington County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Moore, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
X 1998-CC-01253-COA

Doty, Gillie Ann v. Tupelo Public School District Lee Chancery Court; LC Case#: 961484; Ruling Date: 07/17/1998; Ruling Judge: Timothy Ervin; Majority Opinion: Irving, J. Disposition: The judgment of the Lee County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
X 1998-KA-01525-COA

Johnson, Demarcus a/k/a Sonny Jake Johnson v. State of Mississippi Chickasaw Circuit Court 1st District; LC Case#: HK96006; Ruling Date: 09/21/1998; Ruling Judge: R. Coleman; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Chickasaw County of conviction of aggravated assault and sentence to a term of 20 years in the Mississippi Department of Corrections, with 8 years suspended and 5 years post release supervision are affirmed. Chickasaw County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Diaz, Oliver E., Jr.
X 1998-CA-01166-COA

Harmon, Courtney v. Lasharia Harmon Clay Chancery Court; LC Case#: 960091; Ruling Date: 04/30/1998; Ruling Judge: Dorothy Colom; Majority Opinion: Diaz, J. Disposition: The judgment of the Chancery Court of Clay County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Diaz, Oliver E., Jr.
XX 1998-KA-01505-COA

Washington, Mose v. State of Mississippi Quitman Circuit Court; LC Case#: 5549; Ruling Date: 12/02/1998; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Diaz, J. Disposition: The judgment of the Quitman County Circuit Court of conviction of burglary of a dwelling and sentence of three years in the custody of the Mississippi Department of Corrections and five years of post-release supervision is affirmed. Quitman County taxed with costs of appeal. Votes: Bridges, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., King, P.J., Irving, J., Join.


Diaz, Oliver E., Jr.
X 1999-WC-00591-COA

Guardian Fiberglass, Inc. and Insurance Company of North America v. Jeremiah Lesueur, Jr. DeSoto Circuit Court; LC Case#: CV980033; Ruling Date: 02/26/1999; Ruling Judge: George Ready; Majority Opinion: Diaz, J. Disposition: The judgment of the Circuit Court of Desoto County is reversed and the order of the full commission is reinstated. Appellee taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 98-CP-00663-COA

Johnson, Oliver, III v. State of Mississippi Leake Circuit Court; LC Case#: 8511; Ruling Date: 03/22/1998; Ruling Judge: V. Cotten; Majority Opinion: Bridges, J. Disposition: On post conviction relief, the judgment of the Leake County Circuit Court of conviction of possession of cocaine with the intent to distribute within 1,000 feet of a school is affirmed in part and reversed and rendered in part. The thirty year sentence is set aside and the five year suspension is hereby revoked. The Appellant is sentenced to twenty years to be served in the Mississippi Department of Corrections and Appellant is given credit for all time served. Leake County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1998-CA-01579-COA

Powell, Becky, Hal Fiser and Hal Fiser Agency v. Cohen Realty, Inc., Stanley Cohen and William Howell Coahoma Circuit Court; LC Case#: 14-CI-96-0062-T; Ruling Date: 09/18/1998; Ruling Judge: Kenneth Thomas; Consolidated With 1998-CA-01618-COA Jane P. Goudelock v. Becky Powell, Hal G. Fiser and Hal Fiser Agency; Coahoma Circuit Court; LC Case#: 14-CI-96-0062-T; Ruling Date: 09/18/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Bridges, J.; Disposition: The judgment of the Coahoma County Circuit Court is affirmed. Appellant, Jane P. Goudelock, taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1998-CA-01638-COA

Pullis, David James v. Deborah Sue Linzey f/k/a Deborah Sue Pullis Jackson Chancery Court; LC Case#: 942850; Ruling Date: 07/20/1998; Ruling Judge: Pat Watts, Jr.; Majority Opinion: Bridges, J.; Disposition: The judgment of the Chancery Court of Jackson County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1998-CC-01718-COA

Routt, Larry v. Mississippi Employment Security Commission Attala Circuit Court; LC Case#: 980096CV; Ruling Date: 11/13/1998; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Bridges, J. Disposition: The judgment of the Attala County Circuit Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Southwick, Leslie H.
X 1998-CA-01021-COA

Sivira, Alex V. v. Midtown Restaurants Corporation Madison Circuit Court; LC Case#: CI960120; Ruling Date: 12/04/1997; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


King, Leslie D.
X 1998-KA-01122-COA

Holmes, Richard, Jr., and Michael Earl Perkins v. State of Mississippi Humphreys Circuit Court; LC Case#: 5062; Ruling Date: 03/02/1998; Ruling Judge: Jannie Lewis; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Humphreys County of conviction of both Appellants on Count I of aggravated assault and sentence of ten (10) years; and Count II of shooting into a dwelling and sentence of five (5) years, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections is affirmed. Humphreys County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


McMillin, Roger H., Jr.
X 97-CP-01261-COA

Magee, James Earl v. State of Mississippi Marion Circuit Court; LC Case#: PC30; Ruling Date: 03/09/1995; Ruling Judge: R. Prichard, III; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Marion County of denial of post-conviction relief is affirmed. Marion County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


McMillin, Roger H., Jr.
X 1998-CA-01191-COA

Twin States Land & Timber Company, Inc. v. Glen Chapman and John Alex Thornhill ; Glen Chapman v. John Alex Thornhill Clarke Chancery Court; LC Case#: 970210; Ruling Date: 04/09/1998; Ruling Judge: Sarah Springer; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Chancery Court of Clarke County is reversed and remanded for a new trial limited solely to the issue of assessing the Appellee Thornhill's damages recoverable against Appellants Twin States and Chapman under principles of common law waste and for a determination of the extent of Chapman's obligation to Twin States to indemnify it for losses occasioned by the failure of Chapman to convey marketable title to the timber. Chapman and Thornhill taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


McMillin, Roger H., Jr.
X 1998-KA-01504-COA

Hester, John Wayne v. State of Mississippi Lee Circuit Court; LC Case#: CR97390; Ruling Date: 08/27/1998; Ruling Judge: Thomas Gardner, III; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Lee County of the conviction of sexual battery and sentence of twenty five years in the custody of the Mississippi Department of Corrections is affirmed. Lee County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


McMillin, Roger H., Jr.
X 1999-WC-00206-COA

Goodwood Lumber Company, Inc. and Federated Mutual Insurance Company v. William Brooks Entrikin DeSoto Circuit Court; LC Case#: 980168; Ruling Date: 01/07/1999; Ruling Judge: George Ready; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed as to the determination of the existence and extent of the Appellee's work-related disability and the benefits to which he is entitled as a result thereof. The judgment is reversed to the extent that the circuit court did not affirmatively order proper credit for wages earned by the Appellee during the period of his temporary total disability as that period was defined by the order of the commission. This matter is remanded directly to the Mississippi Workers' Compensation Commission for a determination of the proper credit due against the Appellee's award of temporary total disability compensation for wages earned by him during the period of his temporary total disability and the allowance of that credit against those amounts otherwise due under the order of the Commission. Appellants taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


EN BANC
96-KA-00815-COA

Slaughter, Joe, a/k/a Joe L. Slaughter v. State of Mississippi Pike Circuit Court; LC Case#: 14907; Ruling Date: 05/21/1996; Ruling Judge: Keith Starrett; Disposition: Appellee's Motion for Rehearing is denied. Moore, J., not participating.


EN BANC
97-CA-00457-COA

McGOWEN, IN THE MATTER OF THE CONSERVATORSHIP OF CLARENCE W., SR.: James Clayton Gardner, Sr. v. Anne B. McGowen, Vera Lea McGowen, Clarence W. McGowen Jr., Rita Kay McGowen Diaz, Elizabeth Ann McGowen Bond, Myrna Jo McGowen Franklin and Kecia McGowen Perkins Jackson Chancery Court; LC Case#: 960738; Ruling Date: 03/04/1997; Ruling Judge: Thomas Teel; Disposition: Appellant's Motion for Rehearing is denied. Irving, J., not participating.


EN BANC
97-CA-00632-COA

Board on Law Enforcement Officer Standards and Training v. Bobby Ray Rushing Jefferson Davis Chancery Court; LC Case#: 960186; Ruling Date: 04/17/1997; Ruling Judge: Johnny Williams; Disposition: Appellee's Motion for Rehearing is denied.


EN BANC
XX 98-KA-00199-COA

Mitchell, David Gerome a/k/a "Bayrome" v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 9600086; Ruling Date: 01/30/1998; Ruling Judge: Robert Walker; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of a controlled substance with intent to distribute and sentence as a habitual offender to serve a term of thirty years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation are affirmed in part and reversed in part. The judgment is affirmed as to possession of a controlled substance as a habitual offender but reversed as to possession with intent to distribute as a habitual and remanded to the Circuit Court of Harrison County for sentencing as a habitual offender to the lesser included offense of possession. Harrison County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Lee, J., Moore, J., Concur. Dissenting Opinion: Bridges, J. Votes: Payne, J., Thomas, J., Join.


EN BANC
96-KA-00994-COA

Knight, Jeffery Wayne v. State of Mississippi Lee Circuit Court; LC Case#: CR95039; Ruling Date: 08/12/1996; Ruling Judge: Thomas Gardner, III; Consolidated with 98- KA-00549-COA Jeffery Wayne Knight v. State of Mississippi; Lee Circuit Court; LC Case#: CR95039; Ruling Date: 08/12/1996; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
1998-CA-01172-COA

Martin, Linda Morgan v. Benjamin F. Martin, III Lowndes Chancery Court; LC Case#: 24742; Ruling Date: 05/29/1998; Ruling Judge: Robert Lancaster; Disposition: Appellant's Motion for Rehearing is denied. Moore, J., not participating.


EN BANC
1998-WC-01240-COA

Ladnier, Betty J. v. Shoney's Inn and Liberty Mutual Insurance Company Harrison Circuit Court 1st District; LC Case#: 96545; Ruling Date: 07/28/1998; Ruling Judge: Kosta Vlahos; Disposition: Appellant's Motion for Rehearing is denied. Moore and Thomas, JJ., not participating.