11/26/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2001-CP-00828-COA

Derrick Pruitt a/k/a Derrick Solomon Pruitt v. State of Mississippi; Washington Circuit Court; LC Case #: C120-0235; Ruling Date: 01/02/2001; Ruling Judge: Gray Evans; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of Washington County dismissing with prejudice post-conviction relief is affirmed. All costs of the appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

Shunthell D. Scott a/k/a Shunthell Dewayne Scott v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2001-421-RD; Ruling Date: 12/19/2001; Ruling Judge: George Ready; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of DeSoto County of conviction of possession of a firearm by a convicted felon and sentence of four years in the custody of the Mississippi Department of Corrections followed by one year of post-release supervision and $1000 fine is affirmed. Costs are assessed to DeSoto County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

B. Pete Buford, Buford Land Partnership, LP, Dorothy Faye Kittrell and W.H. Kittrell v. Hugh L. Logue, Jr. and Myra C. Logue; Warren Chancery Court; LC Case #: 98-195GN; Ruling Date: 05/08/2001; Ruling Judge: Pat Wise; Majority Opinion: Myers, J.; Disposition: The judgment of the Chancery Court of Warren County is affirmed as to the .24 and .73 acre parcels. The judgment is reversed and rendered as to the private road with title being granted in the Kittrells and a prescriptive easement being granted in the Logues. Costs of this appeal are assessed to the appellants. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee and Chandler, JJ., Concur. Irving and Brantley, JJ., not participating.

Leon Felder a/k/a Boogie v. State of Mississippi; Pike Circuit Court; LC Case #: 00-557-KA; Ruling Date: 06/28/2001; Ruling Judge: Keith Starrett; Majority Opinion: Myers, J.; Disposition: The judgment of the Circuit Court of Pike County of conviction of sexual battery and sentence of life as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Pike County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Brantley, JJ., Concur.

Robert Manning v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-717; Ruling Date: 03/29/2001; Ruling Judge: W. Yerger; Majority Opinion: Irving, J.; Disposition: The judgment of the Circuit Court of Hinds County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with sentence to run consecutively to any other sentences imposed by any other court, is affirmed. All costs of this appeal are assessed to Hinds County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Marcus Demon Rose a/k/a Marcus Deon Rose v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2000-688-RD; Ruling Date: 06/08/2001; Ruling Judge: George Ready; Majority Opinion: Lee, J.; Disposition: The judgment of the Circuit Court of DeSoto County of conviction of felon in possession of a firearm and sentence of two years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to DeSoto County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Brantley, JJ., Concur.

Hollie Jean Watts v. Mark Harrison Watts; Jackson Chancery Court; LC Case #: 2000-1667; Ruling Date: 06/15/2001; Ruling Judge: William Griffin, Jr.; Majority Opinion: Lee, J.; Disposition: The judgment of the Jackson County Chancery Court is reversed and remanded in part and affirmed in part. Costs of this appeal are taxed equally to the appellant and the appellee. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Chandler and Brantley, JJ., Concur. Irving, J., Concurs in Result Only. Myers, J., not participating.

Michael Jason Raven v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2000-504-RD; Ruling Date: 09/18/2001; Ruling Judge: George Ready; Majority Opinion: Lee, J.; Disposition: The judgment of the DeSoto County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections with seven years suspended is affirmed. All costs of this appeal are assessed to DeSoto County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Brantley, JJ., Concur.

Curtis Turner v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK99-140; Ruling Date: 04/06/2000; Ruling Judge: R. Coleman; Majority Opinion: Lee, J.; Disposition: The judgment of the Circuit Court of Lafayette 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, a five thousand dollar fine, and five years' post-release supervision is affirmed. All costs of this appeal are assessed to Lafayette County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Brantley, JJ., Concur.

United Plumbing & Heating Co., Inc. v. Willie Mosley d/b/a Mosley Masonry ; Hinds Circuit Court 1st District; LC Case #: 251-00-381-CIV; Ruling Date: 08/29/2001; Ruling Judge: W. Yerger; Majority Opinion: Thomas, J.; Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for further proceedings consistent with this opinion. Costs of this appeal are assessed equally between the appellant and appellee. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Tracee L. Price and Cornell Dillard v. Park Management, Inc. d/b/a Willow Point Apartments; Hinds Circuit Court 1st District; LC Case #: 251-97-1218; Ruling Date: 04/12/2001; Ruling Judge: W. Yerger; Majority Opinion: Bridges, J.; Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ., Concur. Brantley, J., Dissents Without Separate Written Opinion.

Bennie Tillman v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0038P; Ruling Date: 06/29/2001; Ruling Judge: R. Prichard, III; Majority Opinion: Bridges, J.; Disposition: The judgment of the Circuit of Marion County of conviction of possession of a controlled substance as a habitual offender and sentence of life in the custody of the Mississippi Department of Corrections without possibility of parole is affirmed. All costs of this appeal are assessed to Marion County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Becky Ladner v. Jimmy Jordan; Hinds Chancery Court 2nd District; LC Case #: G-2000-81(2d); Ruling Date: 08/23/2001; Ruling Judge: William Singletary; Majority Opinion: Bridges, J.; Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of the appeal are charged to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Myers and Chandler, JJ., Concur. Irving, J., Concurs in Result Only. Brantley, J., Not Participating.

Leonard Jasper Young v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK00-231; Ruling Date: 08/17/2001; Ruling Judge: Henry Lackey; Majority Opinion: Bridges, J.; Disposition: The judgment of the Lafayette County Circuit Court of conviction of kidnaping as a habitual offender and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lafayette County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Norman Arnell Lewis v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-00-00760; Ruling Date: 03/30/2001; Ruling Judge: Stephen Simpson; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Harrison County is reversed and the cause is remanded for proceedings consistent with this opinion. Costs of this appeal are assessed to Harrison County. ; Votes: McMillin, C.J., King, P.J., Thomas, Irving and Chandler, JJ., Concur.; Concurring in Part and Dissenting in Part Opinion: Myers, J.; Votes: Bridges, Lee and Brantley, JJ., Join This Opinion.

Randy Kirk Burton v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2001-54-CR; Ruling Date: 08/28/2001; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Choctaw County of conviction of the sale of methamphetamine and sentence of eighteen years in the custody of the Mississippi Department of Corrections, $5000 fine and six-month suspension of driving privileges is affirmed. Sentence shall run consecutively to any previously imposed sentence. Costs of this appeal are assessed to Choctaw County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur. Chandler, J., not participating.

Chad L. Herrington v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 99-45-KR1; Ruling Date: 08/09/2001; Ruling Judge: Billy Landrum; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Jones County of conviction of grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections and to pay restitution is affirmed. Costs of this appeal are assessed to Jones County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Ronnie Ringo Davis v. State of Mississippi; Scott Circuit Court; LC Case #: 01-CR-106-SC; Ruling Date: 10/12/2001; Ruling Judge: Marcus Gordon; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Scott County of conviction of two counts of sale of cocaine and sentence on Count I of 30 years and on Count II of 5 years in the custody of the Mississippi Department of Corrections with this sentence to run consecutively with Count I is hereby affirmed. All costs of this appeal are assessed to Scott County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

James William Smith v. State of Mississippi; Lafayette Circuit Court; LC Case #: L01-273; Ruling Date: 04/12/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Lafayette County denying post-conviction relief is affirmed. Costs are assessed to Lafayette County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Larry Gene Dalton v. Linda Ann Dalton; Covington Chancery Court; LC Case #: 99-265; Ruling Date: 05/14/2001; Ruling Judge: J. Buffington; Majority Opinion: King, P.J.; Disposition: The judgment of the Chancery Court of Covington County is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., Southwick, P.J., Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.; Dissenting Opinion: Bridges, J.; Votes: Thomas, J., Joins This Opinion.

Billy Wayne Kelly v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 9966; Ruling Date: 11/15/2000; Ruling Judge: Billy Landrum; Disposition: Appellant's motion for rehearing is denied. Irving, J., not participating.

Taras Lataj Savannah v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-970; Ruling Date: 01/31/2001; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied.

Louis Rene Carite, Jr. v. Barbara Carite; Hinds Chancery Court 1st District; LC Case #: 142,863 R/1; Ruling Date: 04/25/2001; Ruling Judge: Stuart Robinson; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant.

Gregory Taylor v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-021-K; Ruling Date: 05/11/2001; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing is denied.

Joe Pate, a/k/a Joseph Paite, a/k/a Joe Paite v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,584; Ruling Date: 02/23/2001; Ruling Judge: Jannie Lewis; Disposition: Appellant's motion for rehearing is denied.

M. C. Gholston v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2000-0122-CR; Ruling Date: 10/11/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied.