Mississippi Court of Appeals

Hand Down Lists
November 20, 2001

11/20/2001 - Hand Down and published opinions in WordPerfect/ZIP format

Myers, William H.
X 2000-KA-00895-COA

Thompson, Brad a/k/a Brad Marion v. State of Mississippi Union Circuit Court; LC Case#: UK99-0015; Ruling Date: 03/14/2000; Ruling Judge: R. Coleman; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Union County of conviction of sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections, with five years suspended to be served on post-release supervision is affirmed. Union 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.

Myers, William H.
XX 2000-CA-01199-COA

Burks, Demont a/k/a Demont Donnell Burks v. State of Mississippi Lauderdale Circuit Court; LC Case#: 00-CV-073(R); Ruling Date: 06/16/2000; Ruling Judge: Larry Roberts; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction relief is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Concur. Brantley, J., Not Participating. Dissenting Opinion: King, P.J. Votes: Chandler, J., Joins.

Lee, L. Joseph
X 2000-CA-00878-COA

Patrick, Tommy L. v. B. C. Rogers Poultry, Inc. Scott Chancery Court; LC Case#: 99-149; Ruling Date: 04/17/2000; Ruling Judge: H. Clark, II; Majority Opinion: Lee, J. Disposition: The judgment of the Scott County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur. Bridges, J., Not Participating.

Lee, L. Joseph
X 2000-CP-01744-COA

Traylor, Annie a/k/a Annie Marie Thomas Traylor v. State of Mississippi Lee Circuit Court; LC Case#: CV-00-141(G)L; Ruling Date: 06/06/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Lee, J. Disposition: The judgment of the Lee County Circuit Court denying post-conviction relief is affirmed. Lee County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.

Thomas, James E.
X 1999-KA-01953-COA

Carrier, Robert a/k/a Robert J. Carrier v. State of Mississippi Pike Circuit Court; LC Case#: 15055B; Ruling Date: 10/01/1999; Ruling Judge: Mike Smith; Majority Opinion: Thomas, J. Disposition: The judgments of the Circuit Court of Pike County of conviction of armed robbery and sentence of forty-seven years as an habitual offender to run consecutively with the sentences in Oregon, California and Louisiana and fine in the amount of $10,000 is affirmed and of conviction of two counts of contempt of court and sentence of six months on each count to run consecutively to each other and consecutively to the armed robbery sentence, all in the custody of the Mississippi Department of Corrections, as well as $500 fine on each of the contempt of court charges is also 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-CA-00212-COA

Fletcher, Tawnya Lynn v. John Eric Shaw Alcorn Chancery Court; LC Case#: 94-0774(02); Ruling Date: 01/06/2000; Ruling Judge: John Ross, Jr.; Majority Opinion: Thomas, J. Disposition: The judgment of the Alcorn County Chancery Court 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-KA-00941-COA

Murray, Melvin v. State of Mississippi Bolivar Circuit Court 2nd District; LC Case#: 2000-19-CR2; Ruling Date: 05/24/2000; Ruling Judge: Howard Davis, Jr.; Majority Opinion: Thomas, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of felony DUI and sentence of five years in the custody of the Mississippi Department of Corrections with the last three years suspended to run consecutively to any and all sentences previously imposed, three years post-release supervision and fine of $500 is affirmed. The probation granted in Cause No. 98-0033 is revoked and appellant is required to serve all five years of that sentence. Bolivar 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-KA-01627-COA

Rice, John a/k/a John Lamont Rice v. State of Mississippi Rankin Circuit Court; LC Case#: 12107; Ruling Date: 09/12/2000; Ruling Judge: Samac Richardson; Majority Opinion: Thomas, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I rape and sentence of thirty years; Count II sexual battery and sentence of thirty years; Count III aggravated assault and sentence of twenty years; Count IV aggravated assault and sentence of twenty years all in the custody of the Mississippi Department of Corrections with all sentences to run consecutively to each other is affirmed. Rankin 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-KA-01920-COA

Richardson, Cecil v. State of Mississippi Lee Circuit Court; LC Case#: CR00-251; Ruling Date: 11/06/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of possession or more than .1 gram of cocaine and sentence of six years in the custody of the Mississippi Department of Corrections with two years suspended, two years post-release supervision, fine of $2,500 and restitution of $307.25 is affirmed. Lee 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.

Bridges, Billy G.
X 1999-CA-01462-COA

Berry, Kendrick v. State of Mississippi Coahoma Circuit Court; LC Case#: 9071; Ruling Date: 05/19/1999; Ruling Judge: John Hatcher; Majority Opinion: Bridges, J. Disposition: The judgment of the Coahoma County Circuit Court denying post-conviction relief is hereby reversed, and Berry should be allowed to withdraw his guilty plea and either enter a new plea or be given a trial. Coahoma County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Lee, J., Irving, J., Chandler, J., Brantley, J., Concur. Myers, J., Dissents Without Separate Written Opinion.

Bridges, Billy G.
X 2000-CA-00957-COA

Brandon, Carl v. Claiborne County, Mississippi; Charles Johnson, Individually; Edward Carter, Individually; Joel Grigsby, Individually; and Albert Butler, Individually Claiborne Circuit Court; LC Case#: 98-0085; Ruling Date: 05/08/2000; Ruling Judge: Lamar Pickard; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Claiborne County is hereby affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur. Irving, J., Not Participating.

Bridges, Billy G.
X 2000-CP-00980-COA

Ethridge, Thomas C. v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: A2401-00-00227; Ruling Date: 05/10/2000; Ruling Judge: John Whitfield; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Harrison County denying the appellant's motion for out-of-time post-conviction relief is hereby reversed and remanded for the limited purpose of addressing only whether the appellant is subject to immediate release from the custody of the Mississippi Department of Corrections. Harrison County taxed with costs of appeal. Votes: King, P.J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur. McMillin, C.J., Southwick, P.J., Concur in result only.

Bridges, Billy G.
X 2000-CA-01704-COA

Clark, Cynthia K. v. Mark A. Deakle Jackson Circuit Court; LC Case#: 99-0042(3); Ruling Date: 08/24/2000; Ruling Judge: Dale Harkey; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Jackson County is hereby affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur. Irving, J., Dissents Without Separate Written Opinion.

Southwick, Leslie H.
X 1999-KA-01492-COA

Cribbs, Jonathan v. State of Mississippi Monroe Circuit Court; LC Case#: CR98-108; Ruling Date: 06/17/1999; Ruling Judge: Thomas Gardner, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Monroe County of conviction of sale of cocaine, sentence of twenty years in the custody of the Mississippi Department of Corrections with sentence to run consecutively to sentence imposed in Monroe County Circuit Court No. CR98-016, and fine of $5,000 is affirmed. Monroe 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.

Southwick, Leslie H.
X 2000-KA-01999-COA

Armstead, Charles v. State of Mississippi Quitman Circuit Court; LC Case#: 00-0014; Ruling Date: 09/21/2000; Ruling Judge: Kenneth Thomas; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Quitman County of conviction of aggravated assault and sentence of eight years with four years suspended to run consecutively to any and all sentences previously imposed in the custody of the Mississippi Department of Corrections 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.

King, Leslie D.
X 2000-CP-02124-COA

Swift, Anthony v. State of Mississippi Clay Circuit Court; LC Case#: 2000-57; Ruling Date: 07/25/2000; Ruling Judge: Lee Howard; Majority Opinion: King, P.J. Disposition: The judgment of the Clay County Circuit Court denying post-conviction relief is affirmed. Clay County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.

EN BANC
1999-KA-00176-COA

Corbin, Walter a/k/a Walter Lee Corbin v. State of Mississippi Washington Circuit Court; LC Case#: CR99-00171; Ruling Date: 12/11/1998; Ruling Judge: W. Hines; Disposition: Motion to Dismiss Appeal granted. All costs of appeal are assessed to Washington County. Order entered.

EN BANC
2000-CA-00137-COA

Jacob Hartz Seed Company, Inc. v. Simrall and Simrall, A Partnership Warren Circuit Court; LC Case#: 98,0146CI; Ruling Date: 01/26/2000; Ruling Judge: Frank Vollor; Disposition: Motion to Correct Judgment granted. Statutory damages and interest are awarded. Order entered.

EN BANC
2000-KA-00379-COA

Edwards, Trevor Derece v. State of Mississippi DeSoto Circuit Court; LC Case#: 99-344; Ruling Date: 02/11/2000; Ruling Judge: George Ready; Disposition: Appellant's Motion for Enlargement of Time is denied. Motion for Rehearing is dismissed as untimely filed. Order entered.

EN BANC
2000-CA-00416-COA

Lightsey, Clint a/k/a Clint Daniel Lightsey v. State of Mississippi Jackson Circuit Court; LC Case#: 99-10,005(3); Ruling Date: 03/10/2000; Ruling Judge: Dale Harkey; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.

EN BANC
2000-KA-00648-COA

Willis, Randolph Scott v. State of Mississippi Rankin Circuit Court; LC Case#: 11,429; Ruling Date: 03/01/2000; Ruling Judge: John Kitchens; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.

EN BANC
2000-CP-01245-COA

Chancellor, William a/k/a Michael Paige a/k/a Michael Jones v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 251-00-650CIV; Ruling Date: 07/07/2000; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.

EN BANC
2000-CA-01310-COA

Bailey, Pryor Spencer III v. City of Starkville Oktibbeha Circuit Court; LC Case#: 97-0141; Ruling Date: 07/10/2000; Ruling Judge: John Montgomery; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.

EN BANC
2000-CP-01455-COA

Brock, Harold Von v. State of Mississippi Lee Circuit Court; LC Case#: CV-00053 (G)L; Ruling Date: 08/16/2000; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.

EN BANC
2000-CP-01698-COA

Murphy, Charles Anthony v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: HC-00672; Ruling Date: 09/05/2000; Ruling Judge: Jerry Terry, Sr.; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.