Mississippi Court of Appeals

Hand Down Lists
November 18, 1997

11/18/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
U 95-KA-01176-COA

McKinney, Robert W. a/k/a Robert Wesley McKinney v. State of Mississippi Appeal No. CR9543 from Judgment dated NOVEMBER 03, 1995, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of grand larceny and sentence of five years with four years six months suspended pending good behavior in the custody of the Mississippi Department of Corrections and fine of $1,000 is affirmed. All costs of this appeal are assessed to appellant.


James E. Thomas, P.J.
U 95-KA-01218-COA

Goodin, Howard v. State of Mississippi Appeal No. 8411 from Judgment dated NOVEMBER 17, 1995, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court of conviction of burglary and sentence of six years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Neshoba County.


James E. Thomas, P.J.
U 96-CA-00257-COA

Savell, Roger Truman v. Brenda Carol Savell Appeal No. G951168 from Judgment dated FEBRUARY 27, 1996, Hinds County Chancery Court, First Judicial District; The judgment of the Hinds County Chancery Court is affirmed. Statutory damages and interest are awarded on $3618.90. All costs of this appeal are assessed to the appellant.


James E. Thomas, P.J.
U 96-KA-00597-COA

Taylor, Allen a/k/a "Mookey" v. State of Mississippi Appeal No. 952254 from Judgment dated MARCH 04, 1996, Choctaw County Circuit Court; The judgment of the Choctaw County Circuit Court of conviction of Count I of conspiracy to sell cocaine and sentence of twenty years; Count II sale of cocaine and sentence of twenty-five years with five years suspended for five years from release, with sentence to run concurrently all in the custody of the Mississippi Department of Corrections and fine on each count of $2,000 is affirmed. Costs of this appeal are taxed to Choctaw County.


Leslie H. Southwick, J.
UU 95-CC-00908-COA

Ricks, Juanita v. Mississippi State Department of Health Appeal No. 940005 from Judgment dated AUGUST 02, 1995, Neshoba County Chancery Court; The judgment of the Chancery Court of Neshoba County is reversed and rendered and it is ordered that Juanita Ricks's name be removed from the Nurse's Aide Abuse Registry, and returned to the Nurse's Aide Roster. All costs are taxed to the appellee. Herring, J., dissents with separate written opinion joined by Bridges, C.J.


Leslie H. Southwick, J.
U 95-CA-01312-COA

Barfield, Myrl v. City of Calhoun City, Mississippi Appeal No. C94082 from Judgment dated NOVEMBER 13, 1995, Calhoun County Circuit Court; The judgment of the Calhoun County Circuit Court in favor of the appellee is affirmed. All costs of this appeal are taxed to the appellant


Leslie H. Southwick, J.
U 96-KA-00171-COA

Gardner, David a/k/a "Dinosaur" v. State of Mississippi Appeal No. 8862 from Judgment dated JANUARY 30, 1996, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court of conviction of rape and sentence of life imprisonment without possibility of parole in the custody of the Mississippi Department of Corrections is affirmed. Sentence to run consecutive to any previous sentence. All costs of this appeal are assessed against Coahoma County.


Leslie H. Southwick, J.
U 96-KA-00293-COA

Watts, Linda a/k/a Linda Rose Watts v. State of Mississippi Appeal No. 7641 from Judgment dated DECEMBER 08, 1995, Clarke County Circuit Court; The judgment of the Clarke County Circuit Court of conviction of sale of cocaine and sentence to thirty years as an habitual offender in the custody of the Mississippi Department of Corrections to run consecutive to sentence in Clarke County Cause #7530 and to pay $5,000 fine is affirmed. All costs of this appeal are taxed to Clarke County.


Leslie H. Southwick, J.
U 96-KA-00380-COA

Moore, Christopher a/k/a Christopher A. Moore a/k/a Christopher Alexander Moore v. State of Mississippi Appeal No. 943077 from Judgment dated MARCH 01, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections with five years suspended and ten years to serve is affirmed. All costs of this appeal are assessed to Hinds County.


Mary Libby Payne, J.
U 95-KA-01335-COA

Jones, Lucas Romero a/k/a Lucas Romaro Jones a/k/a Melvin Jones v. State of Mississippi Appeal No. 9400080 from Judgment dated MARCH 09, 1995, Harrison County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Harrison County of conviction on Count I of burglary of a dwelling and sentence of five years; Count II of aggravated assault and sentence of seventeen years, with sentences to run concurrently and to be served in the custody of the Mississippi Department of Corrections and to pay restitution of $5,000 is affirmed. All costs of this appeal are taxed to Harrison County. Thomas, P.J., not participating.


Mary Libby Payne, J.
U 96-KA-00514-COA

Brown, James Willie v. State of Mississippi Appeal No. 7310 from Judgment dated APRIL 12, 1996, Montgomery County Circuit Court; The judgment of the Circuit Court of Montgomery County of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Montgomery County.


Mary Libby Payne, J.
UU 96-CA-00634-COA

Alexander, Nancilee Peaks v. Daniel Wayne Alexander Appeal No. 23487 from Judgment dated MAY 21, 1996, Harrison County Chancery Court, Second Judicial District; The judgment of the Chancery Court of Harrison County is reversed and rendered. All costs of this appeal are taxed to the appellee. Southwick, J., dissents with separate written opinion joined by McMillin, P.J., Coleman and Hinkebein, JJ. Thomas, P.J., not participating.


Mary Libby Payne, J.
U 96-CC-01360-COA

Marcum, Beverly W. v. Winn Dixie Appeal No. 950254 from Judgment dated NOVEMBER 25, 1996, ; The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are taxed to the appellant. Thomas, P.J., not participating.


Roger H. McMillin, Jr., P.J.
U 94-KA-00916-COA

Levy, Travis v. State of Mississippi Appeal No. 8410 from Judgment dated SEPTEMBER 12, 1994, Leake County Circuit Court; The judgment of the Circuit Court of Leake County of conviction of armed robbery and sentence of forty years in the custody of the Mississippi Department of Corrections is affirmed except that portion of the judgment directing the appellant to serve his entire sentence at the Mississippi State Penitentiary at Parchman, Mississippi, is hereby stricken. Costs of this appeal are assessed to Leake County.


Roger H. McMillin, Jr., P.J.
U 95-KA-01054-COA

Holley, Ronald v. State of Mississippi Appeal No. 9400660 from Judgment dated SEPTEMBER 20, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of Count One touching a child for lustful purposes and sentence of ten years; Count Two sexual battery and sentence of twenty years; Count Three touching a child for lustful purposes and sentence of ten years; Count Four sexual battery and sentence of twenty years all sentences to run concurrently in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to the appellant. Thomas, P.J., not participating.


Leslie D. King, J.
UU 95-KA-00475-COA

Hamilton, Michael a/k/a Michael Brown a/k/a Michael Ray Hamilton a/k/a Fuzzy Hamilton v. State of Mississippi Appeal No. 9328019 from Judgment dated MARCH 29, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of robbery and sentences of fifteen years as a habitual offender and a term of thirty days to run consecutively for contempt of court for filing frivolous motions in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Harrison County. Coleman, J., dissents with separate written opinion joined by Southwick, J. Thomas, P.J., and Payne, J., not participating.


Leslie D. King, J.
U 95-CA-00894-COA

Garrett, J. L. and Noma Garrett v. Charles Hudson and Loretta Hudson Appeal No. 11214 from Judgment dated JULY 26, 1995, Tishomingo County Chancery Court; The judgment of the Tishomingo County Chancery Court is affirmed. Statutory damages and interest are awarded. Costs of this appeal are assessed to the appellants.


Leslie D. King, J.
U 95-KA-00979-COA

Richard, T. C. v. State of Mississippi Appeal No. MK94012 from Judgment dated AUGUST 22, 1995, Marshall County Circuit Court; The judgment of the Circuit Court of Marshall County of conviction of armed robbery and sentence of fifteen years with eight years suspended in the custody of the Mississippi Department of Corrections conditioned upon the appellant's good behavior after his release is affirmed. All costs of this appeal are taxed to Marshall County.


Leslie D. King, J.
U 96-KA-00094-COA

Ray, Ronnie a/k/a Ronnie Duval Ray v. State of Mississippi Appeal No. 8674 from Judgment dated NOVEMBER 09, 1995, Wayne County Circuit Court; The judgment of the Circuit Court of Wayne County of conviction of armed robbery and sentence of eight years without parole in the custody of the Mississippi Department of Corrections is affirmed. This sentence is to be served consecutively to the sentence imposed in Wayne County Cause No. 8430. All costs of this appeal are taxed to Wayne County.


Leslie D. King, J.
U 96-KA-00877-COA

Love, Kevin Dale v. State of Mississippi Appeal No. CR9698 from Judgment dated JULY 30, 1996, DeSoto County Circuit Court; The judgment of the Circuit Court of DeSoto County of conviction of armed robbery and sentence of twenty years with fourteen years suspended without the possibility of parole, probation or reduction of sentence in the custody of the Mississippi Department of Corrections is affirmed. Love is ordered to make restitution in the amount of $361.10 to NPC International d/b/a Pizza Hut of Southaven. All costs of this appeal are taxed to DeSoto County.


B. Greg Hinkebein, J.
U 96-CA-00372-COA

Glisson, Orval Ray II v. Methodist Medical Center, Inc.; Hinds County Board of Supervisors; and Dr. Binford Nash, d/b/a West Jackson Family Medical Center Appeal No. 941177 from Judgment dated FEBRUARY 07, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Payne, J., not participating.


B. Greg Hinkebein, J.
U 96-CA-00640-COA

Lamar Life Insurance Company v. Ed Buelow, Jr., Commissioner, Mississippi State Tax Commission Appeal No. G95466 from Judgment dated JUNE 11, 1996, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of Hinds County affirming the decision of the Mississippi Tax Commission assessing Lamar Life Insurance Company with Four Hundred Eighty-Three Thousand and Eighty Dollars ($483,080) in insurance premium taxes is affirmed. Costs are assessed to Lamar Life Insurance Company.


Oliver E. Diaz, Jr., J.
U 95-KA-01093-COA

Edwards, Terry Eugene v. State of Mississippi Appeal No. 943108 from Judgment dated OCTOBER 04, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of manslaughter and sentence to twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County.


Oliver E. Diaz, Jr., J.
U 96-KA-00052-COA

Rucker, Henry Douglas v. State of Mississippi Appeal No. 9500125 from Judgment dated SEPTEMBER 06, 1995, Harrison County Circuit Court, Second Judicial District; The judgment of the Harrison County Circuit Court of conviction as an habitual offender of Counts I and II of aggravated assault and sentence of twenty (20) years each, with sentences to run concurrently; Count III of possession of a firearm on educational property and sentence of three (3) years to run consecutive with sentences in Counts I and II; and Count IV of carrying a concealed weapon after felony conviction and sentence of five (5) years to run consecutive with sentences in Counts I, II, and III, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Harrison County. Thomas, P.J., not participating.


Oliver E. Diaz, Jr., J.
U 96-CC-00697-COA

Pascagoula, City of and Mississippi Municipal Workers' Compensation Group v. Richard D. Brown Appeal No. CI960032 from Judgment dated JUNE 06, 1996, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court is affirmed. Costs are assessed to the appellants.


Thomas A. Coleman, J.
UU 95-CA-00339-COA

Medina, Cecil v. Tammy Parham Medina Appeal No. 38423 from Judgment dated MARCH 01, 1995, Rankin County Chancery Court; The judgment of the Rankin County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Herring, J., concurs with separate written opinion. Bridges, C.J., and Southwick, J., not participating. Appellee's Motion to produce child prior to ruling denied. Order entered.


Thomas A. Coleman, J.
U 95-CA-01046-COA

Nicholson, Morris and Paul Broadhead v. Lauderdale County Board of Education and the Lauderdale County Board of Supervisors Appeal No. 95590 from Judgment dated SEPTEMBER 08, 1995, Lauderdale County Chancery Court; The judgment of the Lauderdale County Chancery Court is affirmed. Costs of this appeal are assessed to the appellants.


Thomas A. Coleman, J.
U 95-CA-01226-COA

Mississippi, State of Ex Rel. Department of Public Welfare v. Alfred Julian Williams Appeal No. 2457 from Judgment dated OCTOBER 12, 1995, Warren County County Court; The case is dismissed for lack of this court's jurisdiction. Costs of appeal are assessed to appellant.


Thomas A. Coleman, J.
U 96-CA-00487-COA

Allen, Stuart V., II v. Ernestine M. Allen Appeal No. 118066 from Judgment dated APRIL 17, 1996, Hinds County Chancery Court, First Judicial District; The final order of the Chancery Court of the First Judicial District of Hinds County is affirmed. Costs of this appeal are taxed to the appellant.


Thomas A. Coleman, J.
U 96-CA-00622-COA

Ghetti, Denese Wilson v. Leon Vance Ghetti Appeal No. G10983 from Judgment dated MAY 06, 1996, Hinds County Chancery Court, Second Judicial District; The amended order of divorce of the Chancery Court of the Second Judicial District of Hinds County is affirmed. Costs of this appeal are assessed to the appellant.


Billy G. Bridges, C.J.
U 96-KA-00014-COA

Lee, Frederick v. State of Mississippi Appeal No. 5297 from Judgment dated SEPTEMBER 29, 1994, Quitman County Circuit Court; The judgment of the Quitman County Circuit Court of conviction of four counts of transfer or delivery of a controlled substance, to-wit cocaine and sentence of ten years in the custody of the Mississippi Department of Corrections to run consecutive to any previous sentence and fine of $1000 for Count I; ten years in the custody of the Mississippi Department of Corrections to run consecutive to Count I and fine of $1000 for Count II; ten years in the custody of the Mississippi Department of Corrections to run consecutive to Counts I and II and pay fine of $1000 for Count III; and ten years in the custody of the Mississippi Department of Corrections to run concurrent to Counts I, II and III is affirmed. The forfeiture of Lee's driver's license for six months is affirmed. Costs of this appeal taxed to Quitman County.


Billy G. Bridges, C.J.
U 96-CA-00637-COA

Wooldridge, Steve A. v. Debra K. Wooldridge Appeal No. 6545 from judgment dated May 28, 1996, Chickasaw County Chancery Court; The judgment of the Chickasaw County Chancery Court is affirmed in part and the judgment divesting Steve Wooldridge of title to his property is reversed and this cause remanded for proceedings not inconsistent with this opinion. Costs of this appeal taxed to appellee. King, J., not participating.


Billy G. Bridges, C.J.
U 96-CC-00679-COA

La-Z-Boy South v. Billy Earl Williams Appeal No. 950137 from Judgment dated MAY 24, 1996, Newton County Circuit Court; The judgment of the Newton County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant.


Billy G. Bridges, C.J.
U 96-CC-00967-COA

Reeves, Joseph v. CAE Plastics, Inc. and Mississippi Manufacturers Association Workers' Compensation Group Appeal No. 9400438 from Judgment dated AUGUST 19, 1996, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court is affirmed on direct and cross appeals. Costs of this appeal taxed to appellant.


EN BANC
93-CA-00941-COA

Turner, Wilson L. v. A. L. Turner, Carl W. Turner, Thomas R. Turner, James T. Turner, Dorothy Turner Smith, Celeste Turner Shoemake, Vernice T. Craft, Vastie Turner Robertson, Randall B. Turner, William A. Turner, Wanda L. Jeffcoat and John W. Turner Appeal No. 43504A from Judgment dated MARCH 22, 1993, Jones County Chancery Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Herring and Hinkebein, JJ., not participating. Motion for statutory damages granted. Order entered.


EN BANC
95-KA-00121-COA

Murrell, Donald L. a/k/a Donald Leroy Murrell, Jr. and Jack Eugene Eaton v. State of Mississippi Appeal No. 9410046 from Judgment dated AUGUST 02, 1994, Jackson County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-00139-COA

McLaurin, Charles v. State of Mississippi Appeal No. 3013 from Judgment dated FEBRUARY 04, 1994, Covington County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-00178-COA

Stewart, Johnny Ray and Roy Glenn Moody v. State of Mississippi Appeal No. 9400109 from Judgment dated JANUARY 19, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motions for rehearing denied. Order entered. McMillin and Thomas, P.JJ., not participating.


EN BANC
95-KA-00264-COA

Moxon, Kenneth Charles v. State of Mississippi Appeal No. CR94328 from Judgment dated MARCH 01, 1995, Lee County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
95-KA-00325-COA

Barnes, Steven Delano a/k/a "Shackey" v. State of Mississippi Appeal No. 3148 from Judgment dated JANUARY 18, 1995, Covington County Circuit Court; DISPOSITION - Motion to stay mandate and time to file a review granted. The mandate is hereby recalled. Appellant shall have fourteen days from the date of the entry of this order to file a motion for rehearing. Order entered


EN BANC
95-KA-00404-COA

Williams, Douglas D. a/k/a Douglas Dwayne Williams v. State of Mississippi Appeal No. 94117 from Judgment dated FEBRUARY 23, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
95-CA-00440-COA

Sims, Eddie and Mississippi Materials Company v. Lawrence Minor Appeal No. 16127 from Judgment dated FEBRUARY 23, 1995, Warren County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-00661-COA

Winters, Curtis Wayne v. State of Mississippi Appeal No. 6890 from Judgment dated FEBRUARY 20, 1995, Grenada County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
95-KA-00664-COA

Hoskins, Otha Lee a/k/a Otha Lee Hoskins, Jr. v. State of Mississippi Appeal No. 94371 from Judgment dated MAY 08, 1995, Hinds County Circuit Court, First Judicial District; Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
95-KA-00683-COA

Smith, Timothy Tyrell a/k/a Timothy Terrell Smith v. State of Mississippi Appeal No. 14754 from Judgment dated MAY 23, 1995, Copiah County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-CA-00732-COA

Haycraft, Jeffrey C. and Donna Renea Haycraft v. Robert Parker Adams, Architect, P.A., and Robert Parker Adams, Individually Appeal No. 9376490 from Judgment dated JUNE 01, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Southwick, J., not participating.


EN BANC
U 95-KA-00876-COA

Leatherberry, Dwayne a/k/a Dewayne Leatherberry v. State of Mississippi Appeal No. 4909 from Judgment dated JULY 20, 1995, Claiborne County Circuit Court; The judgment of the Circuit Court of Claiborne County of conviction of unlawful possession of a weapon by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections is affirmed. All costs of appeal assessed to Claiborne County.


EN BANC
95-KA-01005-COA

Peters, Dalanda C. v. State of Mississippi Appeal No. 8017 from Judgment dated AUGUST 29, 1995, Pearl River County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-KP-01057-COA

Higgins, Patrick v. State of Mississippi Appeal No. M950115 from Judgment dated SEPTEMBER 25, 1995, Sunflower County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-01103-COA

Hardin, Joe Frank v. State of Mississippi Appeal No. 952204 from Judgment dated AUGUST 31, 1995, Choctaw County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-01219-COA

Henderson, Kefus v. State of Mississippi Appeal No. 8415 from Judgment dated NOVEMBER 14, 1995, Neshoba County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating


EN BANC
96-KA-00037-COA

Tucker, Earl v. State of Mississippi Appeal No. V4406 from Judgment dated NOVEMBER 28, 1995, Hinds County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
96-KA-00120-COA

Heffner, DeWayne v. State of Mississippi Appeal No. CR9469 from Judgment dated JANUARY 05, 1996, Panola County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
96-KA-00387-COA

Crawford, Steven Wayne v. State of Mississippi Appeal No. HK94042 from Judgment dated MARCH 29, 1996, Chickasaw County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
96-CC-00645-COA

Cook, George v. H & H Chief Sales and United States Fidelity and Guaranty Company Appeal No. 960054 from Judgment dated MAY 24, 1996, Leake County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


PER CURIAM
94-KA-01173-COA

Smith, Larry Eugene v. State of Mississippi Appeal No. 2402940009 from Judgment dated NOVEMBER 03, 1994, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Motion to withdraw as attorney dismissed without prejudice. Order entered.


PER CURIAM
95-KA-01108-COA

Mathis, Joe L. v. State of Mississippi Appeal No. 952245 from Judgment dated OCTOBER 05, 1995, Choctaw County Circuit Court; DISPOSITION - This matter is remanded to the Circuit Court of Choctaw County for thirty days from the date of entry of this order for the purpose of determining whether counsel should be appointed. The circuit court shall certify its findings to this Court. Order entered.


PER CURIAM
96-KP-00501-COA

Stokes, Carl Lee v. State of Mississippi Appeal No. 10290 from Judgment dated JULY 29, 1996, Adams County Circuit Court; DISPOSITION - Motion to expedite denied. Order entered.


PER CURIAM
96-KA-00876-COA

Chapman, Davie a/k/a Davie Lee Chapman v. State of Mississippi Appeal No. 4611 from Judgment dated AUGUST 12, 1996, Newton County Circuit Court; DISPOSITION - Petition for writ of mandamus denied. Order entered.