11/18/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2002-CA-00308-COA

Sheree Thornell v. Chris Thornell; Warren Chancery Court; LC Case #: 99-008GN; Ruling Date: 01/23/2002; Ruling Judge: Vicki Barnes; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Warren County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

Carl Musgrove v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-97-00292; Ruling Date: 01/28/1999; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of sexual battery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. Harrison County is assessed all costs of this appeal. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

Frankie Jones v. State of Mississippi; Leake Circuit Court; LC Case #: 02-CR-036-LE-G; Ruling Date: 05/09/2002; Ruling Judge: Marcus Gordon; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of burglary of an automobile and sentence of six years in the custody of the Mississippi Department of Corrections is affirmed. All costs of the appeal are assessed to Leake County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ., concur. Irving, J., concurs in result only.

Roy Douglas Mullins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-02-00104; Ruling Date: 06/26/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Chandler, J. Disposition: The judgment of the Harrison County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

George E. Burleson v. Hancock County Sheriff's Department Civil Service Commission, Hancock County Sheriff Steve Garber and Former Hancock County Sheriff Ronald Peterson; Hancock Circuit Court; LC Case #: 01-0160; Ruling Date: 02/21/2002; Ruling Judge: Robert Walker; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. Costs are assessed to the appellant. Votes: Bridges, Thomas, Lee and Chandler, JJ., concur. King, P.J., and Irving, J., concur in result only. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., and Griffis, J., join this opinion.

Rece Vaughn v. Richard Ambrosino and Ellen Ambrosino; Madison Circuit Court; LC Case #: CI 2000-139; Ruling Date: 02/19/2002; Ruling Judge: Samac Richardson; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., Southwick, P.J., Thomas, Lee, Chandler and Griffis, JJ., concur. Dissenting Opinion: King, P.J. Votes: Bridges and Irving, JJ., join this opinion.

The Public Employees' Retirement System v. Cathy D. Henderson; Hinds Circuit Court 1st District; LC Case #: 251-00-748-CIV; Ruling Date: 01/10/2002; Ruling Judge: Tomie Green; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: McMillin, C.J., Southwick, P.J., Thomas, Lee and Griffis, JJ., concur. Irving, J., not participating. Dissenting Opinion: Chandler, J. Votes: King, P.J., and Bridges, J., join this opinion.

James Troy Wolverton v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2001-366-KR2; Ruling Date: 08/05/2002; Ruling Judge: Billy Landrum; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of sale of a controlled substance within 1500 feet of a ball park and sentence of twenty-five years in the custody of the Mississippi Department of Corrections with ten years suspended is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Timothy A. Christian v. State of Mississippi; Grenada Circuit Court; LC Case #: 2001-0198; Ruling Date: 09/09/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Grenada County of conviction of DUI-first offense and fines of $614.50 is affirmed. All costs of appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Michael Swindoll a/k/a Mickeal Swindoll v. State of Mississippi; Webster Circuit Court; LC Case #: 2002-0064-CV-M; Ruling Date: 10/11/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Webster County denying post-conviction relief is affirmed. Costs of this appeal are assessed to Webster County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Rodney McBride v. Emmitt L. Sparkman; Sunflower Circuit Court; LC Case #: 2002-0175-M; Ruling Date: 10/30/2002; Ruling Judge: Betty Sanders; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Sunflower County dismissing with prejudice the writ of habeas corpus or in the alternative motion to show cause is affirmed. Costs are assessed to Sunflower County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Gregory Adams Brown a/k/a Gregory A. Brown a/k/a Gregory Brown v. State of Mississippi; Washington Circuit Court; LC Case #: 2001-357; Ruling Date: 02/08/2002; Ruling Judge: W. Hines; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of armed robbery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Joseph Victor Martin v. Donna Suzette Martin Ealy; Rankin Chancery Court; LC Case #: 36,163; Ruling Date: 04/10/2002; Ruling Judge: John Grant, III; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Alfred Griffin v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0079P; Ruling Date: 09/06/2002; Ruling Judge: R. Prichard, III; Majority Opinion: Lee, J. Disposition: The judgment of the Marion County Circuit Court of conviction of possession of a controlled substance, cocaine, and sentence of eight years in the custody of the Mississippi Department of Corrections with four years to serve and four years on post-release supervision, and ordered to pay fine of $3000, to reimburse the public defender's fund $2000 and to pay old fines of $394.50 to the Marion County Justice Court, is affirmed. All costs of this appeal are assessed to Marion County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Russell Lee ( Rusty) Wright v. State of Mississippi; Lee Circuit Court; LC Case #: CR00-430(G)L; Ruling Date: 08/30/2001; Ruling Judge: Thomas Gardner, III; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Jackie Owens, Individually and on Behalf of All Other Death Beneficiaries of Terry Owens v. Paul Mai d/b/a Crystal Springs Mobile Home Parks; Copiah Circuit Court; LC Case #: 2001-0637; Ruling Date: 06/14/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Thomas, J. Disposition: The judgment of the Copiah County Circuit Court is reversed and remanded. Costs of this appeal are assessed to the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Consolidated with 1998-CA-01058-COA Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments, Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 94410CIV; Ruling Date: 04/28/1998; Ruling Judge: W. Yerger; Majority Opinion: Bridges, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Costs are assessed to the appellees. Votes: King, P.J., Thomas, Irving and Myers, JJ., concur. McMillin, C.J., Southwick, P.J., Lee and Chandler, JJ., not participating. Concurring Opinion: Griffis, J.

Mississippi Department of Public Safety v. Troy S. Pickens; Union Circuit Court; LC Case #: U2001-334; Ruling Date: 04/17/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Bridges, J. Disposition: The judgment of the Union County Circuit Court affirming the decision of the Mississippi Workers' Compensation Commission is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., concurs in result only.

Margarita A. Arguelles v. State of Mississippi; Scott Circuit Court; LC Case #: 02-CR-022-SC; Ruling Date: 06/13/2002; Ruling Judge: Marcus Gordon; Majority Opinion: Bridges, J. Disposition: The judgment of the Scott County Circuit Court of conviction of possession of more than one kilogram of marijuana with intent to distribute and sentence to six years in the custody of Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. McMillin, C.J., concurs in result only.

Sue Carol Tynes v. Ronald Price Tynes; Forrest Chancery Court; LC Case #: 00-0804-D; Ruling Date: 05/18/2002; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Bridges, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Angela Leann Gregory v. Daniel C. Gregory; Pontotoc Chancery Court; LC Case #: 2000-290; Ruling Date: 11/21/2001; Ruling Judge: Jacqueline Mask; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Pontotoc County is reversed and the cause is remanded for further proceedings consistent with this opinion. All costs are assessed to the appellee. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Zachary L. Harrington a/k/a Zackary LaShawn Harrington v. State of Mississippi; DeSoto Circuit Court; LC Case #: 99-141-R(D); Ruling Date: 06/26/2002; Ruling Judge: George Ready; Majority Opinion: Southwick, P.J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count I conspiracy to commit robbery with a deadly weapon and sentence of five years to run concurrently to Count III; Count III robbery with a deadly weapon and sentence of fifteen years to run consecutively to Count IV; and Count IV manslaughter and sentence of twenty years, all in the custody of the Mississippi Department of Corrections, and fine of $1,000 is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Geneva Kelley and Barry Kelley v. Grenada County, Mississippi; Grenada Circuit Court; LC Case #: 2000-227CVL; Ruling Date: 06/04/2002; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Grenada County Circuit Court is affirmed. All costs are assessed to the appellants. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Edward Lee Williams v. State of Mississippi; Adams Circuit Court; LC Case #: 00-KR-0200-J; Ruling Date: 10/30/2001; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Adams County of conviction of sexual battery and sentence of thirty years in the custody of Mississippi Department of Corrections is affirmed. All costs of the appeal are assessed to Adams County. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Steven R. Nichols v. Michael E. Moses, M.D.; Harrison Circuit Court 1st District; LC Case #: A-2401-98-00512; Ruling Date: 04/16/2002; Ruling Judge: Kosta Vlahos; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed as to the direct appeal. The cross-appeal is rendered moot. All costs of this appeal are assessed to the appellant. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Frank Ramsey, Jr. v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2001-0145-LOL; Ruling Date: 04/22/2002; Ruling Judge: Larry Lewis; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Bolivar County denying rehearing of post-conviction relief is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Thomas Wayne Parks v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-166-RD; Ruling Date: 10/18/2002; Ruling Judge: George Ready; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of unlawful possession of a motor vehicle and sentence of five years as a habitual offender in the custody of the Mississippi Department of Corrections and order to pay fine of $1,000 and restitution of $500 is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Mary Lynn Fagan v. State of Mississippi; Clarke Circuit Court; LC Case #: 2001-CR-01; Ruling Date: 08/23/2001; Ruling Judge: Larry Roberts; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Clarke County of conviction of three counts of embezzlement and sentence of three concurrent ten-year terms, with eight years suspended and five years' supervised probation on each count, in the custody of the Mississippi Department of Corrections, pay fine of $5,000 for each count and restitution of $33,194.50 for Count I, is affirmed. All costs of this appeal are taxed to the appellant. Votes: Bridges, Thomas, Lee and Myers, JJ., concur. King, P.J., dissents without separate written opinion. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Chandler and Griffis, JJ., join this opinion.

Darrell Swindle v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2001-0145; Ruling Date: 07/27/2001; Ruling Judge: Keith Starrett; Majority Opinion: McMillin, C.J. Disposition: The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Pearl River County denying Darrell Swindle's motion for post-conviction relief is reversed and this cause is remanded for such further proceedings under the Mississippi Uniform Post-Conviction Relief Act as are consistent with the terms of this opinion. Costs of the appeal are assessed to Pearl River County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur. Griffis, J., not participating. Motion for rehearing filed by the appellant is denied. Griffis, J., not participating.

Kobely Clark a/k/a Koberly D. Clarke a/k/a Koberly Donnell Clark v. State of Mississippi; Clarke Circuit Court; LC Case #: 2001-CR-92; Ruling Date: 02/22/2002; Ruling Judge: Robert Bailey; Disposition: Appellant's motion for rehearing denied.

Norma Hensley, Geraldine Clayton and Henry Harris v. Ricky Harris, Individually, and as Executor of the Estate of Cecil Harris, and David L. Harris, Individually; Benton Chancery Court; LC Case #: 2000-64; Ruling Date: 03/06/2002; Ruling Judge: Glenn Alderson; Disposition: Appellants' motion for rehearing denied.

Roosevelt Moore v. State of Mississippi; Clay Circuit Court; LC Case #: 2001-0265; Ruling Date: 01/22/2002; Ruling Judge: John Montgomery; Disposition: Appellant's motion for rehearing denied.

In the Matter of the Estate of Mary M. Pigg, Deceased: Earl J. McClendon, Individually, and as Executor v. David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley; Washington Chancery Court; LC Case #: 200670; Ruling Date: 06/03/2002; Ruling Judge: Ceola James; Disposition: Upon consideration of the Appellees' motion for rehearing and the appellant's response to the motion, the motion for rehearing is denied.

Robert Rowland v. Cherryl Britt, Chief Records Officer, and Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2002-0018-M; Ruling Date: 06/06/2002; Ruling Judge: Betty Sanders; Disposition: Appellant's motion for rehearing denied.

Lee Miller v. Debra Miller; Hinds Chancery Court 1st District; LC Case #: 2000-2096; Ruling Date: 09/11/2002; Ruling Judge: Denise Owens; Disposition: On the Court's own motion this matter is remanded to Hinds County Chancery Court of 45 days for purpose of making specific findings of fact and conclusion of law as to whether lump sum alimony should be awarded. Appellate process shall be stayed until parties have filed a response. Order entered.

Bruce Ferguson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0362-CR; Ruling Date: 08/01/2002; Ruling Judge: John Montgomery; Disposition: Appellant's motion for rehearing denied.

The Public Employees' Retirement System v. Betty Jo Taylor; Hinds Circuit Court 1st District; LC Case #: 251-97-1428 CIV; Ruling Date: 09/20/2002; Ruling Judge: Winston Kidd; Disposition: Motion to Dismiss granted. Costs of appeal are assessed to the appellant. Order entered.