Mississippi Court of Appeals

Hand Down Lists
November 30, 1999

11/30/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Thomas, James E.
X 98-KA-00500-COA

Jackson, Carnell v. State of Mississippi Winston Circuit Court; LC Case#: 5076; Ruling Date: 05/06/1997; Ruling Judge: Joseph Loper, Jr.; Majority Opinion:Thomas, J. Disposition: The judgment of the Winston County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections 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., Payne, J., Concur.


Payne, Mary Libby
X 1998-KA-01081-COA

Fields, Cornelius v. State of Mississippi Bolivar Circuit Court 2nd District; LC Case#: 8717; Ruling Date: 05/13/1998; Ruling Judge: John Hatcher; Majority Opinion: Payne, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction as a habitual offender on Count I burglary of a building and sentence of seven years with sentence in this cause to run consecutively to any and all sentences previously imposed; Count II burglary of a building and sentence of seven years with sentence in Count II to run consecutively to the sentence imposed in Count I, both in the custody of the Mississippi Department of Corrections is affirmed. Bolivar County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Lee, J., Moore, J., Thomas, J., Concur. Irving, J., Concurs in result only.


Payne, Mary Libby
X 1998-KA-01297-COA

Berry, Sammy, a/k/a Sammy Lee Berry v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 973272; Ruling Date: 08/31/1998; Ruling Judge: James Graves, Jr.; Majority Opinion: Payne, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Hinds 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-WC-01393-COA

Flexible Flyer, Inc., Self-Insured v. Helen Harris Clay Circuit Court; LC Case#: 980064; Ruling Date: 08/20/1998; Ruling Judge: Lee Howard; Majority Opinion: Payne, J. Disposition: Appellant's appeal is dismissed without prejudice and cause remanded to the Workers' Compensation Commission for proceedings under its pending orders. 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.


Moore, Dudley Rook, III
X 1999-WC-00101-COA

Cox, Walter v. S. B. Thomas Trust d/b/a Days Inn Washington Circuit Court; LC Case#: CI970161; Ruling Date: 12/21/1998; Ruling Judge: Shirley Byers; Majority Opinion: Moore, J. Disposition: The judgment of the Circuit Court of Washington County which affirmed the full commission order is affirmed in part and reversed and rendered in part. Appellant and Appellee taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.


Moore, Dudley Rook, III
X 1999-KA-00536-COA

Allen, Samuel Bernard v. State of Mississippi DeSoto Circuit Court; LC Case#: CR98292; Ruling Date: 09/04/1998; Ruling Judge: George Ready; Majority Opinion: Moore, J. Disposition: Judgment of the DeSoto County Circuit Court of conviction of one count of grand larceny and sentence of five years imprisonment to be served in the Mississippi Department of Corrections is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.


Diaz, Oliver E., Jr.
XX 1998-CA-01905-COA

Hamilton, Misty Shea Shepard v. James Ray Hamilton Calhoun Chancery Court; LC Case#: 97269; Ruling Date: 07/03/1998; Ruling Judge: C. Malski; Majority Opinion: Diaz, J. Disposition: The judgment of the Calhoun County Chancery Court is reversed and remanded. Appellee taxed with costs of appeal. Votes: King, P.J., Bridges, J., Irving, J., Lee, J., Thomas, J., Concur. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J., Bridges, J., Moore, J., Payne, J., Join.


EN BANC
98-CA-00695-COA

Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston, Inc. v. Mississippi Association for Home Care and Tri-County Home Health Care of Mississippi Hinds Circuit Court 1st District; LC Case#: 97130CIV; Ruling Date: 03/10/1998; Ruling Judge: W. Yerger; Disposition: Court's own motion to stay the appellate process granted. Order entered.


EN BANC
98-KA-00746-COA

Hall, Sharon v. State of Mississippi Adams Circuit Court; LC Case#: 11201; Ruling Date: 04/10/1998; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellee's Motion for Rehearing is denied.


EN BANC
1998-CC-01730-COA

Mickle, Lisa A. v. Mississippi Employment Security Commission Forrest Circuit Court; LC Case#: CI980112; Ruling Date: 10/22/1998; Ruling Judge: Richard McKenzie; Disposition: Appellant's Motion for Rehearing is denied. Irving and Diaz, JJ., would grant.


EN BANC
1999-WC-01296-COA

Coffey, T. J. v. Shelby Group and Amerisure Insurance Company Tallahatchie Circuit Court 1st District; LC Case#: 980025; Ruling Date: 07/06/1999; Ruling Judge: George Carlson, Jr.; Disposition: Appellant's Motion to Dismiss granted. All costs of appeal are assessed to the appellant. Order entered.