Mississippi Court of Appeals

Hand Down Lists
December 02, 1997

12/02/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
U 93-KA-00255-COA

Nalls, Tyrone Terrell a/k/a T.T. v. State of Mississippi Appeal No. 22767 from Judgment dated FEBRUARY 08, 1993, Washington County Circuit Court; The judgment of the Washington County Circuit Court of conviction of aggravated assault with a deadly weapon and sentence of sixteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County.


Leslie H. Southwick, J.
UU 94-KA-00634-COA

Brock, Eddie a/k/a Eddie Brock III v. State of Mississippi Appeal No. 7863 from Judgment dated MAY 17, 1994, Bolivar County Circuit Court, Second Judicial District; The judgment of the Bolivar County Circuit Court of conviction as a habitual offender of five counts of uttering a forgery and sentence in the custody of the Mississippi Department of Corrections to fifteen years on Count One; fifteen years on Count III, to run consecutively with the sentence in Count One; fifteen years on Count Four, to run consecutively with the sentences in Counts One and Three; fifteen years on Count Five; to run concurrently with the sentences in Counts One, Three, and Four; and fifteen years on Count Six, to run concurrently with the sentences in Counts One, Three, Four, and Five is affirmed. The sentences shall run consecutively to any previously-imposed sentences. All costs of this appeal are taxed to Bolivar County. King, J., concurs with separate written opinion joined by Herring and Payne, JJ.


Leslie H. Southwick, J.
U 95-CA-00846-COA

One 1993 Chevrolet S-10 Pickup, Vin #1GCCS14R5P8113590 v. State of Mississippi Ex Rel. Mississippi Department of Wildlife, Fisheries and Parks Appeal No. 950072 from Judgment dated JULY 06, 1995, Grenada County Circuit Court; The judgment of the Grenada County Circuit Court is affirmed. All costs of appeal are assessed to the appellant.


Leslie H. Southwick, J.
U 95-KA-00865-COA

Ware, Carl Doss v. State of Mississippi Appeal No. 2076 from Judgment dated DECEMBER 09, 1994, Madison County Circuit Court; The judgment of the Madison County Circuit Court of conviction of capital murder and sentence to a term of life imprisonment without eligibility of parole in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed against Madison County.


Leslie H. Southwick, J.
U 95-KA-01269-COA

Wright, Ronnie J. a/k/a Ronnie Joe Wright v. State of Mississippi Appeal No. 7703 from Judgment dated NOVEMBER 06, 1995, Yazoo County Circuit Court; The judgment of the Yazoo County Circuit Court of conviction of capital murder and sentence to life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed against Yazoo County.


Leslie H. Southwick, J.
U 95-KA-01366-COA

Bynum, Kourtney a/k/a Courtney Bynum v. State of Mississippi Appeal No. 6531 from Judgment dated DECEMBER 21, 1995, Bolivar County Circuit Court, First Judicial District; The judgment of the Bolivar County Circuit Court of conviction of rape and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, sentence to run consecutive to all previous sentences is affirmed. All costs of this appeal are assessed against Bolivar County. DISPOSITION - Motion to clarify sentence denied. Order entered.


Leslie H. Southwick, J.
U 96-CA-00153-COA

Guichard, Elizabeth and Shellie Elizabeth Barbay v. Ronald Albert Roe, David Reyer and the City of Long Beach Appeal No. 9400218 from Judgment dated JANUARY 17, 1996, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court in favor of the appellees is affirmed. All costs of this appeal are taxed to the appellants. Thomas, P.J., not participating.


Leslie H. Southwick, J.
U 96-KA-00300-COA

Crawford, James v. State of Mississippi Appeal No. 941217 from Judgment dated JANUARY 05, 1996, Hinds County Circuit Court, First Judicial District; The judgment and conviction of the Hinds County Circuit Court of Count I possession of marijuana in excess of one kilogram with intent to distribute and fine of $5,000 and Count II possession of cocaine and fine of $1,000 and sentence to twenty years on Count I and three years on Count II to run consecutive with Count I in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County.


Leslie H. Southwick, J.
U 96-CC-00381-COA

Mississippi Department of Rehabilitation Services, Office of Disability Determination Services v. Willie L. Silas Appeal No. 9376022 from Judgment dated OCTOBER 04, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court finding discrimination by the Department of Rehabilitation Services, Office of Disability Determination Services and ordering Silas to be given the next available promotion for which he qualifies is reversed and the decision of the Employee Appeals Board is reinstated. All costs of this appeal are assessed against the appellee.


Leslie H. Southwick, J.
U 96-CA-00424-COA

Robert Angus Ladner v. Bruce Andrews d/b/a Like New Cleaning Service v. Robert Angus Ladner v. Bruce Andrews d/b/a Like New Cleaning Service Appeal No. 941039 from Judgment dated MARCH 14, 1996,Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court in favor of the appellees is affirmed. All costs of this appeal are taxed to the appellant. CONSOLIDATED WITH: 96-CA-00680-COA Robert Angus Ladner v. K-Mart Corporation


Leslie H. Southwick, J.
U 96-KA-00780-COA

Sipp, Joseph Brown a/k/a Joe Brown a/k/a Joe Sipp a/k/a Joseph S. Brown v. State of Mississippi Appeal No. CR9615 from Judgment dated JUNE 12, 1996, Tate County Circuit Court; The judgment of the Circuit Court of Tate County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed against Tate County.


Mary Libby Payne, J.
U 95-CA-00510-COA

Jones, Gregory Allan and Connie Darlene Jones, Individually, and as Parents of Jeremy Adam Jones, Deceased; and as Parents and Next Friends of Devin Tyler Jones, a Minor v. Jitney Jungle Stores of America, Inc. and McCarty-Holman Company Appeal No. 19444 from Judgment dated MARCH 20, 1995, Simpson County Circuit Court; The judgment of the Circuit Court of Simpson County is affirmed. All costs of this appeal are taxed to appellants.


Mary Libby Payne, J.
U 95-KA-01014-COA

Jackson, Marion G. a/k/a Marion Glenn Jackson v. State of Mississippi Appeal No. 9500068 from Judgment dated SEPTEMBER 15, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of possession of a Schedule II controlled substance, cocaine, with the intent to transfer or distribute and enhanced sentence as a habitual offender of sixty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Harrison County. Thomas, P.J., not participating.


Mary Libby Payne, J.
UU 96-CA-00320-COA

Watzke, John v. Ronald A. Peterson, Sheriff of Hancock County Appeal No. 960083 from Judgment dated MARCH 19, 1996, Hancock County Circuit Court; The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are taxed to the appellant. King, J., dissents with separate written opinion. Thomas, P.J., not participating.


Mary Libby Payne, J.
U 96-CA-00321-COA

Watzke, John v. City of Bay St. Louis Appeal No. 8111 from Judgment dated MARCH 11, 1996, Hancock County Circuit Court; The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are taxed to the appellant. Thomas, P.J., not participating.


Mary Libby Payne, J.
U 96-KA-00513-COA

Goldman, Clarence a/k/a Clarence Hewlett Goldman v. State of Mississippi Appeal No. 7253 from Judgment dated APRIL 19, 1996, Montgomery County Circuit Court; The judgment of the Montgomery County Circuit Court of conviction of Count I of destruction of church property and sentence of ten years with four years suspended and payment of restitution in the amount of $1,422.82; Count II of first degree arson and sentence of five years to run concurrently with the sentence in Count I to be served in the custody of the Mississippi Department of Corrections and payment of restitution in the amount of $2,500 is affirmed. All costs of this appeal are taxed to Montgomery County.


Mary Libby Payne, J.
U 96-CC-00870-COA

Dependents of Jerry Maiten, Deceased: Quintarus Robinson, Renita Maiten and Jeremy Dion Wilson v. Cleaver-Brooks, a Division of Aqua-Chem, Inc. and Allianz Insurance Company Appeal No. CI950158 from Judgment dated JULY 03, 1996, Washington County Circuit Court; The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are taxed to the appellants/cross appellees.


Leslie D. King, J.
U 95-KA-00923-COA

Ray, George, a/k/a Buddy Ray and Gary Ray v. State of Mississippi Appeal No. 4235 from Judgment dated JULY 10, 1995, Webster County Circuit Court; The judgment of the Webster County Circuit Court of conviction of George Ray, a/k/a Buddy Ray, and Gary Ray of aggravated assault and each sentenced to twelve years with said twelve years suspended for five years in the custody of the Mississippi Department of Corrections is affirmed. Sentences imposed shall run consecutively to any and all sentences previously imposed. Appellants placed under supervision for five years. All costs of this appeal are assessed to the appellants.


James H. Herring, J.
U 95-CA-01165-COA

IN RE: THE ESTATE OF MORRIS, JAMES ANDREW: Donna Marie Morris Drewery v. Talmadge Hershel Morris, Executor Appeal No. 24188 from Judgment dated OCTOBER 04, 1995, Alcorn County Chancery Court; The judgment of the Alcorn County Chancery Court is affirmed. Statutory damages and interest are awarded. All costs of this appeal are taxed to the appellant.


James H. Herring, J.
U 96-KA-00186-COA

Sykes, Michael a/k/a Michael Jerome Sykes v. State of Mississippi Appeal No. CR9530 from Judgment dated FEBRUARY 15, 1996, Panola County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Panola County of conviction of the sale of a controlled substance, cocaine, and sentence of twenty five years in the custody of the Mississippi Department of Corrections to run concurrently with CR9553CP2 and order to pay fine of $1,000 and restitution of $50 and $100 to the Crime Victim's Compensation Fund is affirmed. All costs of this appeal are assessed to the appellant.


James H. Herring, J.
U 96-KA-00214-COA

Ross, Kenric a/k/a Kendric Ross a/k/a Kendrick Ross v. State of Mississippi Appeal No. 3609 from Judgment dated FEBRUARY 08, 1996, Lawrence County Circuit Court; The judgment of the Lawrence County Circuit Court of conviction of the sale of a controlled substance and sentence of thirty years in the custody of the Mississippi Department of Corrections, with fifteen years suspended, is affirmed. All costs of this appeal are taxed to the appellant.


James H. Herring, J.
U 96-CA-00310-COA

Bishop, Richard v. Barbara Bailey Appeal No. 950173 from Judgment dated FEBRUARY 26, 1996, Sunflower County Circuit Court; The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to Sunflower County.


B. Greg Hinkebein, J.
U 95-KA-00655-COA

Watts, Carl a/k/a Carl Wayne Watts v. State of Mississippi Appeal No. 7567 from Judgment dated MAY 16, 1995, Clarke County Circuit Court; The judgment of the Clarke County Circuit Court of conviction for robbery and accompanying life sentence without the possibility of parole, probation, reduction or suspension in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to Clarke County.


B. Greg Hinkebein, J.
U 95-KA-01013-COA

Posey, Don a/k/a Don Cornelius Posey a/k/a "Nino" v. State of Mississippi Appeal No. 8885 from Judgment dated SEPTEMBER 28, 1995, Simpson County Circuit Court; The judgment of the Simpson County Circuit Court of conviction of the transfer of cocaine within one thousand feet of school property and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed against the appellant.


B. Greg Hinkebein, J.
U 96-KA-00357-COA

Gomez, Oscar v. State of Mississippi Appeal No. 4859 from Judgment dated MARCH 15, 1996, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction of the possession of more than one kilogram of marijuana with the intent to distribute and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with ten years suspended under certain conditions, is affirmed. Costs of this appeal are assessed to Rankin County.


Oliver E. Diaz, Jr., J.
U 96-KA-00031-COA

Pugh, Gilbert a/k/a Gilbert Tyrone Pugh v. State of Mississippi Appeal No. 14763 from Judgment dated NOVEMBER 28, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of unlawful sale of cocaine and enhanced sentence of sixty years in the custody of the Mississippi Department of Corrections as an habitual offender without benefit of reduction, suspension, probation, or parole is affirmed. All costs of this appeal are taxed to Pike County.


Oliver E. Diaz, Jr., J.
U 96-CA-00255-COA

Hood, Carolyn Trotter v. Carroll D. Cox, Janet Cox, James W. Cox, and Gwendolyn Culipher Appeal No. 94116 from Judgment dated FEBRUARY 05, 1996, Hinds County Chancery Court, Second Judicial District; The judgment of the Hinds County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant.


Oliver E. Diaz, Jr., J.
U 96-KA-00598-COA

Zweifel, Michael O., Sr. a/k/a Michael Serpas v. State of Mississippi Appeal No. 7622 from Judgment dated MAY 30, 1996, Hancock County Circuit Court; The judgment of the Hancock County Circuit Court of aggravated assault on a law enforcement officer and sentence of twenty-five years with five years suspended making a total of twenty years to serve in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hancock County.


Oliver E. Diaz, Jr., J.
U 96-CC-00907-COA

Monte Glove Company and The Travelers Insurance Company v. Thelma M. Taylor Appeal No. 11730 from Judgment dated MAY 01, 1996, Clay County Circuit Court; The judgment of the Clay County Circuit Court is reversed and rendered. Costs of this appeal are assessed to the appellee.


Thomas A. Coleman, J.
U 95-CA-01028-COA

Barrow, Daniel Robert, America Key and Lock,Inc., and Michael W. McCorkle v. Jessie Hopkins, Sheriff of Madison County Appeal No. 95053 from Judgment dated JULY 29, 1995, Madison County Chancery Court; The final judgment of the Madison County Chancery Court is affirmed. Costs of this appeal are assessed to the appellants. Herring, J., not participating.


Billy G. Bridges, C.J.
UU 94-CA-00901-COA

Jack Gray Transport, Inc. and Robert G. McComas, Jointly and Severally v. Lois Taylor and Joe Taylor Appeal No. 93067 from Judgment dated JUNE 22, 1994, Monroe County Circuit Court; The order of the Monroe County Circuit Court on change of venue from Clay County awarding an additur is set aside, and the judgment of the Monroe County Circuit Court entered pursuant to the verdict of the jury is reinstated. Costs are assessed against the appellees. Diaz, J., dissents with separate written opinion joined by King, and Payne, JJ.


BillyG. Bridges, C.J.
U 95-KA-00631-COA

Mazie, Marcus v. State of Mississippi Appeal No. 14748 from Judgment dated MAY 23, 1995, Copiah County Circuit Court; The judgment of the Copiah County Circuit Court of unlawful sale of cocaine within 1500 feet of a church and sentence of sixty years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Costs of this appeal assessed to Copiah County.


BillyG. Bridges, C.J.
U 95-KA-01111-COA

Stevenson, Antonio v. State of Mississippi Appeal No. 4838 from Judgment dated AUGUST 18, 1995, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction for sale of cocaine and sentence to serve a term of fifteen years in the custody of the Mississippi Department of Corrections, execution of the last six years stayed, is affirmed. Costs of this appeal assessed to appellant.


BillyG. Bridges, C.J.
U 96-KA-00078-COA

Stallings, Shawn Lamar v. State of Mississippi Appeal No. 94548CR from Judgment dated FEBRUARY 24, 1995, Lowndes County Circuit Court; The judgment of the Lowndes County Circuit Court of conviction of murder and sentence to life in the custody of the Mississippi Department of Corrections is hereby affirmed. Sentence is to run consecutively with sentence appellant is presently serving. All costs of this appeal are taxed to Lowndes County.


Billy G. Bridges, C.J.
U 96-KA-00282-COA

Thomas, James a/k/a James Earl Thomas v. State of Mississippi Appeal No. 24189 from Judgment dated FEBRUARY 22, 1996, Washington County Circuit Court; The judgment of the Washington County Circuit Court of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal assessed to Washington County.


Billy G. Bridges, C.J.
UU 96-KA-00426-COA

Seales, Johnny a/k/a Land Carter v. State of Mississippi Appeal No. 8437 from Judgment dated MARCH 18, 1996, Neshoba County Circuit Court; The judgment of the Circuit Court of Neshoba County of conviction of possession of cocaine and sentence of three years in the custody of the Mississippi Department of Corrections and fine of $5,000 is hereby affirmed. All costs of this appeal are taxed to Neshoba County. King, J., concurs in part and dissents in part with separate written opinion, joined by McMillin and Thomas, P.JJ., and Southwick, J.


Billy G. Bridges, C.J.
U 96-KA-00486-COA

Holloway, Mitchell a/k/a "Snot Brown" v. State of Mississippi Appeal No. 4095 from Judgment dated APRIL 12, 1996, Jefferson Davis County Circuit Court; The judgment of conviction of the Jefferson Davis County Circuit Court of rape and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Jefferson Davis County.


Billy G. Bridges, C.J.
U 96-CC-01092-COA

Johnson, Walter Glen v. City of Jackson, Mississippi Appeal No. 951039 from Judgment dated SEPTEMBER 04, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Payne, J., not participating.


EN BANC
94-KA-01135-COA

Dabney, Moses, III and Jason Phalo v. State of Mississippi Appeal No. 941292 from Judgment dated SEPTEMBER 30, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Payne, J., not participating.


EN BANC
U 95-CA-00023-COA

IN THE MATTER OF THE LAST WILL AND TESTAMENT OF WILLIAMS, GERTRUDE TOLIVER, DECEASED: Mary Johnson v. Eliza Johnson Appeal No. 54215 from Judgment dated MAY 27, 1994, Washington County Chancery Court; The judgment of the Washington County Chancery Court dismissing the petition to probate the will of September 7, 1992 and declaring the quitclaim deed of September 7, 1992 a nullity is affirmed. Costs of this appeal assessed appellant. King, J., not participating. DISPOSITION - Appellee's motion to strike appellant's brief denied. Order entered.


EN BANC
95-CA-00461-COA

Blackmon, Pearl v. Walter Lee Trice, Ruby Burks, Pricilla Trice McGee, Deloris Washington, Marilyn Trice, Conrad Trice, Annie Doris Amie, Charlie Trice, Prentiss Trice, Lionel Trice, Geoffrey Trice, Geneva Trice, Eloise Shumpert, Wilma Trice, Erie Wheeler, Paxton Thomas Tri Appeal No. 42516 from Judgment dated MARCH 24, 1995, Lee County Chancery Court; DISPOSITION - Motion for judgment granted and this case is remanded to the Chancery Court of Lee County for a determination of the value of property. Order entered.


EN BANC
95-KA-000761-COA

Mitchell, Pamela v. State of Mississippi Appeal No. 9410261 from Judgment dated APRIL 21, 1995, Jackson County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
95-KA-00814-COA

Wofford, Charles v. State of Mississippi Appeal No. CK94068 from Judgment dated SEPTEMBER 20, 1995, Calhoun County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
95-CA-00984-COA

Howorth, Laura S. v. Andrew K. Howorth Appeal No. 94401 from Judgment dated AUGUST 16, 1995, Lafayette County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., not participating.


EN BANC
95-CA-01097-COA

Stokes, Phillip v. J. Stewart Murphy, Edward Hargett, Betty Foster and Lisa Horton Appeal No. 940322 from Judgment dated SEPTEMBER 18, 1995, Sunflower County Circuit Court; DISPOSITION - Motion for out-of-time rehearing granted and the mandate previously issued is recalled. Appellant shall file his motion for rehearing within fourteen days of the entry of this order. Order entered.


EN BANC
95-CA-01116-COA

Griffin, Dwight, Greg Cosgrove, Allen Cosgrove and Susan Cosgrove as Natural Aunt and Next Friend of Brad Cosgrove and Joel Cosgrove v. Thomas A. Feduccia, M.D. and Oscar J. Briseno, M.D. Appeal No. 940022 from Judgment dated JULY 20, 1995, Neshoba County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Bridges, C.J., and McMillin, P.J., not participating.


EN BANC
95-CA-01166-COA

Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi, Sta-Home Home Health Agency, Inc. of Grenada, and Alexander's Home Health Agency, Inc. Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; CONSOLIDATED WITH: 95-CA-01222-COA Mississippi State Department of Health v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi Sta-Home Home Health Agency, Inc., of Grenada and Alexander's Home Health Agency, Inc.; Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; CONSOLIDATED WITH: 96-CA-00231-COA Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi, Sta-Home Home Health Agency, Inc. of Grenada and Alexander's Home Health Agency, Inc. ; Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Coleman, J., not participating.


EN BANC
U 95-CC-01196-COA

Loper, Bobbie Loper v. K-Mart Appeal No. 95338 from Judgment dated OCTOBER 18, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. All costs are assessed to the appellant.


EN BANC
U 95-KA-01356-COA

Spruill, Otha Lee a/k/a Otha Lee Spruell v. State of Mississippi Appeal No. 22790 from Judgment dated DECEMBER 12, 1995, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County of conviction of Count I armed robbery and sentence to life without parole and of Count II aggravated assault and sentence to twenty years without parole, to run consecutively to Count I, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are taxed to Leflore County.


EN BANC
UU 96-CA-00016-COA

Laurel, City of Mississippi v. Firefighters of Laurel, Mississippi Appeal No. 958100 from Judgment dated DECEMBER 04, 1995, Jones County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Jones County is reversed and judgment is rendered in favor of the appellant, City of Laurel, adjudicating that the position of City of Laurel Fire Chief as constituted at the time this appeal was perfected is exempt from Civil Service jurisdiction. Costs are assessed to the appellee. McMillin, P.J., Thomas, P.J., Coleman, Diaz, Hinkebein, Payne, and Southwick, JJ., concur. King, J., dissents with separate written opinion joined by Bridges, C.J., and Herring, J.


EN BANC
U 96-KA-00061-COA

Mills, Yolanda Eunice Mills a/k/a Yolanda E. Mills v. State of Mississippi Appeal No. TK92035 from Judgment dated FEBRUARY 09, 1995, Tippah County Circuit Court; The judgment of the Circuit Court of Tippah County of conviction of aggravated assault and sentence to fifteen years, with five years suspended, in the custody of the Mississippi Department of Corrections is affirmed. Case #TK92035 to run consecutively to Case #TK92036 to-wit 20 years with 5 years suspended; appellant to serve a total sentence of twenty-five years. All costs of this appeal are taxed to Tippah County.


EN BANC
U 96-KA-00175-COA

Lindsey, Tommy a/k/a Tommy Lee Lindsey v. State of Mississippi Appeal No. 8833 from Judgment dated JANUARY 24, 1996, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of burglary and sentence as a habitual offender of seven years to be served in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed in this cause shall run consecutively to any and all sentences previously imposed. All costs of this appeal are taxed to the appellant.


EN BANC
96-CA-00508-COA

Wolford, Thomas F., II v. Donna S. Wolford Appeal No. 940191 from Judgment dated APRIL 15, 1996, Lowndes County Chancery Court; DISPOSITION - On the court's own motion this case is remanded to the Chancery Court of Lowndes County for the chancery court judge to make specific findings of fact within thirty (30) days from the entry of this order and to certify same to this Court. Order entered.


EN BANC
96-CA-00561-COA

Schiele, Dartha J. and Clyde K. Schiele v. United Services Automoblie Association Appeal No. 10558 from Judgment dated MAY 01, 1996, Grenada County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
U 96-KA-00790-COA

Grant, Victor a/k/a Victor L. Grant a/k/a Victor Leroy Grant v. State of Mississippi Appeal No. 924413 from Judgment dated JUNE 24, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction in Count I for possession of cocaine with intent to distribute and in Count II for conspiracy to distribute cocaine and sentences as a habitual offender of thirty (30) years in Count I and twenty (20) years in Count II with the sentences to be served consecutively in the custody of the Mississippi Department of Corrections is affirmed and the Circuit Court is instructed to correct the sentencing order to reflect the jury's verdict of guilty in Count II of conspiracy to distribute cocaine. All costs of this appeal are taxed to Hinds County.


EN BANC
96-CA-00792-COA

Bolen, Steve v. Jana Lynn Bolen Appeal No. 90636 from Judgment dated JUNE 19, 1996, Lauderdale County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
96-CA-01024-COA

Miller, Richard A. v. Cynthia Y. Miller Appela No. 14960 from judgment dated AUGUST 5, 1996, Winston County Chancery Court; DISPOSITION - On the Court's own motion this case is remanded to the Chancery Court of Winston County requiring the Chancellor within forty-five days from the entry of this order to make specific findings and to certify same to this Court. Order entered.


PER CURIAM
95-KA-00585-COA

Bridges, Jerry a/k/a Jerry Michael Bridges v. State of Mississippi Appeal No. 8922 from Judgment dated MARCH 28, 1995, Simpson County Circuit Court; DISPOSITION - Motion for leave to file out of time motion for rehearing dismissed without prejudice. Order entered.


PER CURIAM
95-KA-01055-COA

Watkins, Johneil, Jr. a/k/a Johnny v. State of Mississippi Appeal No. 3549 from Judgment dated JULY 28, 1995, Lawrence County Circuit Court; DISPOSITION - Motion for court's order terminating duties of appointed counsel dismissed as moot. Counsel's request for legal advice denied. Order entered.


PER CURIAM
96-KA-00760-COA

Hutson, Gerald v. State of Mississippi Appeal No. 6687 from Judgment dated JUNE 14, 1996, Marion County Circuit Court; DISPOSITION - Motion on newly discovered evidence to vacate judgment dismissed without prejudice. Order entered.


PER CURIAM
96-CC-01299-COA

Laurel, City of and Mississippi Municipal Workers' Compensation Group v. David A. Blackledge Appeal No. 96564 from Judgment dated SEPTEMBER 18, 1996, Jones County Circuit Court, Second Judicial District; DISPOSITION - Letter request to get original documents from trial court denied. Order entered.


PER CURIAM
97-KA-00043-COA

Hackney, John Willard v. State of Mississippi Appeal No. 8084 from Judgment dated MARCH 20, 1996, Hancock County Circuit Court; DISPOSITION - Petition for rehearing en banc denied. Order entered.