Hand Down Lists
November 16, 1999
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.