11/30/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2003-KA-01550-COA

Undraneckic Desmond Brassfield a/k/a Undraneckio Desmond Brassfield v. State of Mississippi; Scott Circuit Court; LC Case #: 03-CR-072-SC-G; Ruling Date: 06/12/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of Count VI: armed robbery - sentence of 30 years; Count II: kidnaping - sentence of 30 years to run consecutively to sentence in Count VI; Count III: kidnaping - sentence of 30 years to run consecutively to sentences in Counts VI and II; Count IV: kidnaping - sentence of 30 years to run concurrently with sentences in Counts VI, II, and III; Count V: kidnaping - sentence of 30 years to run concurrently with sentences in Counts VI, II, III, and IV; Count I: carjacking - sentence of 10 years to run consecutively to sentences in Counts VI, II, III, IV, and V, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Winfred "Wimp" Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 00-KR-044-S; Ruling Date: 02/28/2001; Ruling Judge: Lillie Sanders; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Wilkinson County of conviction of burglary of a storehouse and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, as a habitual offender, is affirmed. All costs of this appeal are assessed to Wilkinson County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Eddie Hall a/k/a Eddie Terrell Hall v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2003-17-CV5; Ruling Date: 08/18/2003; Ruling Judge: Billy Landrum; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Jones County First Judicial District dismissing motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Joseph Earl Bell v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2001-420; Ruling Date: 10/30/2002; Ruling Judge: Kosta Vlahos; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of the transfer of a controlled substance and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Brenda Bernard and Hubert Bernard v. 33 Foods, Inc. d/b/a Taco Bell and R.G.T Management, Inc. d/b/a Taco Bell; Rankin Circuit Court; LC Case #: 2000-27; Ruling Date: 06/11/2003; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Patricia (McClendon) Kalman v. Zoltan Kalman; Simpson Chancery Court; LC Case #: 97-0448; Ruling Date: 04/14/2003; Ruling Judge: J. Buffington; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Simpson County is reversed and remanded for a determination consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Jane Doe, by and through Her Natural Mother and Next Friend, B. J. Doe v. North Panola School District; Bonnie Smith, Individually and in Her Official Capacity as Superintendent of North Panola School District; Jesse Orange, Individually and in His Official Capacity as Principal of Como Middle School; and Finis Sanders, Individually and in His Official Capacity as Teacher; Panola Circuit Court 1st District; LC Case #: CV2001-132-CP1; Ruling Date: 03/12/2003; Ruling Judge: Ann Lamar; Majority Opinion: Lee, P.J. Disposition: The judgment of the Panola County Circuit Court is affirmed. Costs of this appeal are taxed to the appellant. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Albert Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-077; Ruling Date: 02/05/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Cody Brumfield, a Minor, by and through His Mother and Next Friend, Joan Brumfield v. LeDon Langston, M.D.; Pike Circuit Court; LC Case #: 97-0068-A; Ruling Date: 11/12/2002; Ruling Judge: Keith Starrett; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Dissenting Opinion: Irving, J. Votes: King, C.J., joins this opinion.

State of Mississippi v. Johnny Lane McMurry a/k/a Johnnie Lane McMurry; Warren Circuit Court; LC Case #: 020180-CR-V; Ruling Date: 12/10/2002; Ruling Judge: Frank Vollor; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Warren County is affirmed as to the jury verdict of acquittal. This Court finds, as a matter of law, that the circuit judge erred in granting instruction D-3, a circumstantial evidence instruction in a non-circumstantial evidence case. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Ricky C. Sandlin v. Sandra Denise Sandlin; Chickasaw Chancery Court 2nd District; LC Case #: 2002-0010-2; Ruling Date: 12/11/2002; Ruling Judge: James Gore; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Chancery Court of Chickasaw County is affirmed on appeal and cross-appeal. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Bill Hammons v. Fleetwood Homes of Mississippi, Inc., Fleetwood Retail Corporation, Bobbie Carol Black Lang, and John Phillips; Grenada Circuit Court; LC Case #: 2001-0487CVL; Ruling Date: 07/17/2003; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Grenada County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. King, C.J., dissents without separate written opinion. Irving, J., not participating.

James Luvene v. Dorothy Waldrup and Michael Cooke; Marshall Circuit Court; LC Case #: M00-242; Ruling Date: 07/12/2002; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing filed by Appellee Michael Cooke and the motion and incorporated memorandum in support of Appellant James Luvene's motion for rehearing are denied. Chandler and Griffis, JJ., would grant. Myers, Barnes and Ishee, JJ., not participating.

Derrell Antonio Green v. State of Mississippi; Warren Circuit Court; LC Case #: 02,135-CR-P; Ruling Date: 12/06/2002; Ruling Judge: Isadore Patrick, Jr.; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

HWCC-Tunica, Inc. d/b/a Hollywood Casino v. Brenda Jenkins; Tunica Circuit Court; LC Case #: 99-0187-AS; Ruling Date: 09/26/2002; Ruling Judge: Albert Smith, III; Disposition: Appellee's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.

Charles William Morris v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2001-162; Ruling Date: 11/07/2002; Ruling Judge: Stephen Simpson; Disposition: Appellant's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.

Bennie Scott Whittington and Tina S. Whittington v. Woodie L. Mason, M.D. and Hinds Urology Clinic, P.A.; Hinds Circuit Court 1st District; LC Case #: 251-99-479CIV; Ruling Date: 12/03/2002; Ruling Judge: W. Yerger; Disposition: Appellants' motion for rehearing is denied. Griffis, Barnes and Ishee, JJ., not participating.

Facilities, Inc. v. Rogers-Usry Chevrolet, Inc.; Rankin Chancery Court; LC Case #: 51117; Ruling Date: 04/04/2003; Ruling Judge: Thomas Zebert; Disposition: Appellee's motion for rehearing is denied. Bridges, P.J., and Ishee, J., not participating.

Joe Earl Sweat v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV03-005(F)I; Ruling Date: 04/14/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Irving, J. Disposition: The judgment of the Itawamba County Circuit Court dismissing appellant's motion for post-conviction relief is affirmed on all issues except the claim that appellant received an illegal sentence. As to this claim, the judgment is reversed, and the case is remanded to the Circuit Court for proper resentencing consistent with this opinion. All costs are assessed to Itawamba County. Votes: King, C.J., Lee, P.J., Barnes and Ishee, JJ., concur. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Bridges, P.J., Myers and Chandler, JJ., join this opinion.

Vera Hicks a/k/a Vera Rachelle Hicks v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 705-02-K; Ruling Date: 12/10/2002; Ruling Judge: Larry Roberts; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of Count I, felony shoplifting, and sentence of five years in the custody of the Mississippi Department of Corrections without the possibility of early release or parole is affirmed; Count II, possession of stolen property is reversed and remanded for a new trial. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Irving, Myers and Barnes, JJ., concur. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Bridges and Lee, P.JJ., and Griffis, J., join this separate written opinion.

Lonnie Donnelly v. State of Mississippi; Grenada Circuit Court; LC Case #: 2003-0343CV-L; Ruling Date: 05/20/2003; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied. Irving, Barnes and Ishee, JJ., not participating.

Descendants of Terry Glen Gilmer, Deceased v. Nolen Sistrunk Trucking, Inc. and Georgia Casualty and Surety Company; Scott Circuit Court; LC Case #: 2002-CV-279-SC; Ruling Date: 05/20/2003; Ruling Judge: Marcus Gordon; Disposition: Appellants' motion for rehearing is denied. Barnes and Ishee, JJ., not participating.

Cornelius Belmer and Cleon Graves v. State of Mississippi; Leake Circuit Court; LC Case #: 8474; Ruling Date: 05/20/2003; Ruling Judge: Marcus Gordon; Disposition: Motions for rehearing filed by Appellants Cleon Graves and Cornelious Belmer are denied. Barnes and Ishee, JJ., not participating.

Rhett R. Russell v. J. Stewart Williford, M.D., D. G. Kobs, M.D., and Reikes Hale Kobs & Strauss Radiologists, a Partnership; Forrest Circuit Court; LC Case #: CI02-0141; Ruling Date: 06/19/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Griffis, Barnes and Ishee, JJ.,concur. Dissenting Opinion: Irving, J. Votes: King, C.J. and Chandler, J., join this opinion.

Mississippi Insurance Guaranty Association v. Goldin Properties, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2002-474; Ruling Date: 07/07/2003; Ruling Judge: Stephen Simpson; Disposition: Appellee's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.

Cliff N. Hancock d/b/a Hancock Insurance Agency v. Gary Dodds and Ruth O. Dodds; Lee Circuit Court; LC Case #: 01-111(B)L; Ruling Date: 12/15/2003; Ruling Judge: Sharion Aycock; Disposition: Motion to Dismiss Appeal is granted. Each party shall bear their own costs of appeal. Order entered.

Taiwan Hearvey v. State of Mississippi; Calhoun Circuit Court; LC Case #: CK01-075; Ruling Date: 01/05/2004; Ruling Judge: Andrew Howorth; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.