Hand Down Lists
December 03, 1996
Roger H. McMillin, Jr., J.
92-KA-01167-COA
Bass, George a/k/a George Lamb v. State of Mississippi
Appeal No. 912481 from Judgment dated OCTOBER 13, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION- Motion for Rehearing denied. Order entered.
EN BANC
94-KA-00824-COA
Funches, Charles A/K/A Charles Funchess A/K/A Charles Darin Funchess v. State of Mississippi
Appeal No. 3486 from Judgment dated SEPTEMBER 02, 1994, Lawrence County Circuit Court; The judgment of the Circuit Court of Lawrence County of conviction of the sale of cocaine and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended under probation, and to pay a fine of $3,000 is affirmed. All costs of this appeal are taxed to the appellant.
Billy G. Bridges, C. J.
94-CA-00729-COA
Massey, Cleaster, Candies Cotton, John D. Gillespie and Mary Thomas Gillespie v. Illinois Central Railroad Company
Appeal No. 9212604 from Judgment dated JUNE 13, 1994, Leflore County Circuit Court; DISPOSITION- Motion for rehearing denied. Order entered. Fraiser, C.J., not participating.
EN BANC
94-CA-00552-COA
Irene Fleming v. City of Yazoo City Public Service Commission
Appeal No. 10997 from Judgment dated APRIL 27, 1994, Yazoo County Circuit Court; DISPOSITION- This cause is remanded to the Circuit Court of Yazoo County for a maximum period of forty-five (45) days within which the the court is directed to conduct a Batson/McCollum review of Fleming's challenges it denied.The Circuit Court shall include a transcript of the reasons for its rejecting the two challenges, stated on the record of any hearing or separately entered in writing, in accordance with the principles announced in Hatten. Upon our receipt, this court will resume proceedings on appeal. Barber, Coleman, Diaz, King, McMillin, and Southwick, JJ., concur. Thomas, P.J., concurs in part and dissents in part with separate written opinion joined by Fraiser, C.J., Bridges, P.J., and Payne, J.
Leslie H. Southwick, J.
94-CA-00496-COA
Brown, Tyree W. v. Dow Chemical Company and Sonford Products Corporation
Appeal No. 26606 from Judgment dated APRIL 12, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION- Motion for Rehearing denied. Order entered. Brown's Petition for Collateral Relief or in the Alternative Independent Action denied. Order entered. Appellee's Motion for sanctions granted. Order entered. Bridges, P.J., not participating.
Frank D. Barber, J.
94-KA-00470-COA
Bradley, Lloyd a/k/a Lloyd James Bradley a/k/a Floyd James Bradley a/k/a "Kilos" a/k/a Lloyd James Tally v. State of Mississippi
Appeal No. 1616 from Judgment dated FEBRUARY 25, 1992, Stone County Circuit Court; DISPOSITION- Motion for rehearing denied. Order entered. Thomas, P.J., not participating.
PER CURIAM
94-KA-00118-COA
McCray, Amos and Roosevelt Ford v. State of Mississippi
Appeal No. 8298 from Judgment dated JANUARY 14, 1994, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court of conviction of burglary of a building and sentence of seven (7) years in the custody of the Mississippi Department of Corrections is affirmed as to McCray.The judgment of the Coahoma County Circuit Court of conviction of burglary of a building and sentenced as a habitual offender to a term of seven (7) years in the Mississippi Department of Corrections is affirmed as to Ford. McCray and Ford shall make full restitution to victim.Sentence imposed shall run consecutively to any and all sentences previously imposed.Costs are assessed to Coahoma County.
Leslie D. King, J.
93-KA-00948-COA
Thomas, William Roger, Chris Miller and Greg Hofling v. State of Mississippi
Appeal No. 9339282 from Judgment dated AUGUST 04, 1993, George County Circuit Court; The judgment of the Circuit Court of George County of convictions of William Roger Thomas and Greg Hofling of possession of more than one kilogram of marijuana and sentences of twelve years in the custody of the Mississippi Department of Corrections and fine of $5,000 each is affirmed and the conviction of Chris Miller of possession with intent to distribute more than one kilogram of marijuana and sentence of twenty-five years in the custody of the Mississippi Department of Corrections and fine of $100,000 is affirmed. Costs of this appeal are taxed one-third to Miller, one-third to Hofling and one-third to George County. King, J., and Bridges and Thomas, P.JJ., Barber, Diaz, McMillin, Payne and Southwick, JJ., concur. King, J., dissents to Issue VIII joined by Fraiser, C.J., and Coleman, J.
Roger H. McMillin, Jr., J.
93-KA-00676-COA
Brewer, III, Herbert L. v. State of Mississippi
Appeal No. 92034 from Judgment dated JUNE 07, 1993, Lee County Circuit Court; DISPOSITION- Motion for Rehearing denied. Order entered.
Frank D. Barber, J.
92-KA-01170-COA
Rogers, Peter Shane v. State of Mississippi
Appeal No. CR91218BD from Judgment dated JUNE 05, 1992, DeSoto County Circuit Court; DISPOSITION- Motion for Rehearing denied. Order entered.
Mary Libby Payne, J.
94-CA-01099-COA
Wooten, Ella Louise Stewart v. Department of Human Services, State of Mississippi
Appeal No. 142602 from Judgment dated OCTOBER 03, 1994, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. DISPOSITION- Appellant's Motion for Assessment of Statutory Damages and Interest and Motion to Expedite denied.Order entered.
John J. Fraiser, Jr., C.J.
95-CA-01120-COA
Bufkin, Stacy McMurtrey:IN THE MATTER OF THE ESTATE OF EVA KATHLEEN PHILLIPS RATLIFF, DECEASED v. William D. Ratliff, III
Appeal No. 95385 from Judgment dated SEPTEMBER 25, 1995, Madison County Chancery Court; The judgment of the Madison County Chancery Court is affirmed.Costs are assessed against the appellant.
John J. Fraiser, Jr., C.J.
95-CA-00484-COA
Bagley, Mae: IN THE MATTER OF THE ESTATE OF VIRGINIA WILLIAMS ADAMS, Deceased v. Frankie J. Tattis, Executrix of the Estate of Anthony Tattis Who Previously Served as Executor of the Estate of Mable Keefe and the Estate of Virginia Williams Adams
Appeal No. 30045 from Judgment dated MARCH 09, 1995, Madison County Chancery Court; The judgment of the Madison County Chancery Court denying Bagley's Rule 60(b) motion is affirmed. Costs are taxed to appellant.
John J. Fraiser, Jr., C.J.
95-CA-00020-COA
Raju, Sheshadri v. Associated International Insurance Company
Appeal No. 9167497 from Judgment dated DECEMBER 14, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County is affirmed. Appellant is taxed with all costs of this appeal.
John J. Fraiser, Jr., C.J.
94-CC-00411-COA
Enzor, Linda v. Junior Food Stores, Inc and United States Fidelity Guaranty Company
Appeal No. 93CV098 from Judgment dated MARCH 31, 1994, Lauderdale County Circuit Court; The judgment of the Circuit Court of Lauderdale County affirming the decision of the Mississippi Workers' Compensation Commission is affirmed.Costs are taxed to appellant.
John J. Fraiser, Jr., C.J.
93-KA-01465-COA
Rice, Jerry Lee v. State of Mississippi
Appeal No. 8568 from Judgment dated NOVEMBER 18, 1993, Jones County Circuit Court, Second Judicial District; The judgment of the Jones County Circuit Court of conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Jones County. DISPOSITION- Appellant's motion treated as motion to dismiss denied.Order entered.
Frank D. Barber, J.
95-CA-00933-COA
Wells, Bobby Joe v. Shirley Karen Wells
Appeal No. 19705 from Judgment dated AUGUST 07, 1995, Oktibbeha County Chancery Court; The judgment of the Oktibbeha County Chancery Court is affirmed. Statutory damages and interest are awarded. Costs are assessed against the appellant. Coleman, J., not participating.
Frank D. Barber, J.
95-CA-00789-COA
Bernier, Tabitha Diane v. Daniel J. Bernier
Appeal No. 23449 from Judgment dated JULY 04, 1995, Marion County Chancery Court; The judgment of the Marion County Chancery Court is affirmed.Costs are assessed to the appellant.
Frank D. Barber, J.
94-KA-00978-COA
Simmons, Michael v. State of Mississippi
Appeal No. 2777 from Judgment dated SEPTEMBER 01, 1994, Tunica County Circuit Court; The judgment of the Tunica County Circuit Court of conviction of rape and sentence of twenty five (25) years in the custody of the Mississippi Department of Corrections and to make full restitution to victim is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed.Costs are assessed against Tunica County.
Frank D. Barber, J.
94-KA-00515-COA
Smart, Daniel v. State of Mississippi
Appeal No. 93372 from Judgment dated MAY 24, 1994, Lowndes County Circuit Court; The judgment of the Circuit Court of Lowndes County of conviction of armed robbery and sentence of twenty-eight years in the custody of the Mississippi Department of Corrections is affirmed.Costs are assessed against Lowndes County.
Billy G. Bridges, P. J.
94-KA-01226-COA
Crockett, Roosevelt Anthony v. State of Mississippi
Appeal No. 9328353 from Judgment dated JUNE 10, 1994, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court of sale of a controlled substance and sentence as a habitual offender for a term of thirty years in the custody of the Mississippi Department of Corrections is affirmed. Harrison County is taxed with all costs of this appeal. Thomas, P.J., not participating. DISPOSITION- Appellant's request to dismiss appeal dismissed as moot. Order entered. Thomas, P.J., not participating. DISPOSITION- Stephen J. Maggio's request to withdraw as legal counsel for Crockett granted. Order entered.Thomas, P.J., not participating.
Billy G. Bridges, P. J.
94-KA-01133-COA
Jones, Terry Earl v. State of Mississippi
Appeal No. CR940018 from Judgment dated OCTOBER 03, 1994, Panola County Circuit Court, First Judicial District; The judgment of the Panola County Circuit Court of conviction of Count I of conspiracy to commit aggravated assault and sentence of five (5) years; Counts II, III and IV of aggravated assault and sentences of twenty (20) years for each count, with all sentences to be served concurrently, all in the custody of the Mississippi Department of Corrections is hereby affirmed.All costs of this appeal are taxed to Panola County.
EN BANC
95-KA-01217-COA
Shields, Alvin v. State of Mississippi
Appeal No. 950051 from Judgment dated OCTOBER 04, 1995, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court of conviction on Count I of attempted burglary and sentence of seven (7) years to run consecutively to cause No. 92-10523; Count II of escape as a habitual offender and sentence of five (5) years to run consecutively to sentence in Count I, all to be served in the custody of the Mississippi Department of Corrections, is affirmed.All costs of this appeal are taxed to Sunflower County.Southwick, J., not participating.
PER CURIAM
95-KA-00867-COA
Anderson, Carl v. State of Mississippi
Appeal No. 1943 from Judgment dated JUNE 18, 1993, Madison County Circuit Court; DISPOSITION- Appellant's motion to supplement granted.Supplements are to be filed within fourteen (14) days from the date of order. Appellee is given ten (10) days from the date of the filing of the supplement.Order entered.
PER CURIAM
95-CA-00495-COA
Wallace, Jr., Othello B. v. Bonner and Birmingham (Law Firm): James L. Bonner and Drue D. Birmingham, Individually
Appeal No. CV89617 from Judgment dated APRIL 11, 1995, DeSoto County Circuit Court; DISPOSITION- Appellant's pro se motion to supplement record denied.Order entered.
Mary Libby Payne, J.
95-KA-00480-COA
Lacy, Calvin v. State of Mississippi
Appeal No. 942298 from Judgment dated MARCH 14, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION- On the Court's own motion, appellant is granted additional time to file supplemental brief and appellee is granted additional time to file a response.Order entered.
Leslie H. Southwick, J.
94-CA-01259-COA
Adams, Cleveland Edward v. Sandra H. Adams
Appeal No. 86772 from Judgment dated NOVEMBER 07, 1994, Harrison County Chancery Court, First Judicial District; DISPOSITION- Motion for attorney fees on appeal sustained for the amount of $250.
James E. Thomas, P.J.
94-CA-00930-COA
Smith, Mattie and North Mississippi Rural Legal Services v. Oxford School District
Appeal No. 93310 from Judgment dated NOVEMBER 12, 1993, Lafayette County Chancery Court; DISPOSITION- North Mississippi Rural Legal Services' motion for additional time within which to file its motion for rehearing granted. Motion for rehearing is due November 15, 1996. Order entered.
Leslie H. Southwick, J.
94-KA-00845-COA
McGee, Floyd Everett a/k/a Floyd Everette McGee, Jr., a/k/a Floyd Everette McGhee v. State of Mississippi
Appeal No. CR9416 from Judgment dated AUGUST 12, 1994, Tate County Circuit Court;
DISPOSITION- Appellant's motion to supplement record granted.Order entered.
PER CURIAM
94-CA-00807-COA
Coleman, Dorothy v. Paul Rice, M. D. and Carl Reddix, M. D.
Appeal No. 93776 from Judgment dated JULY 08, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION- Appellant's motion for additional time to respond to motions for rehearing and motion to expand the record is granted.Said responses are due on or before November 26, 1996. Order entered.
Oliver E. Diaz, Jr., J.
94-CA-00270-COA
Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser
Appeal No. 9272255 from Judgment dated SEPTEMBER 03, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's motion for additional time within which to respond to the motion for rehearing granted. Appellant is given until November 25, 1996 to file its response. Order entered. Appellant's Motion for additional time within which to file its response to the motion for rehearing granted.Response due on or before December 9, 1996. Order entered.
EN BANC
96-CA-00379-COA
Cunningham, Jay Bee v. Steve Wilson Puckett, Raymond Roberts and Barbara Bailey
Appeal No. 960026 from Judgment dated MARCH 01, 1996, Sunflower County Circuit Court; Appeal dismissed.All costs of this appeal are taxed to appellant Jay Bee Cunningham.Thomas, P.J., not participating.
Thomas A. Coleman, J.
94-CA-01124-COA
Jones, Jimmy Davis and wife, Fay Madison Jones v. Westinghouse Electric Corporation
Appeal No. 927430 from Judgment dated SEPTEMBER 13, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION- Motion for Rehearing denied. Order entered.
Frank D. Barber, J.
95-CA-01045-COA
Hallman (Card), Stephanie v. Ricky Hallman
Appeal No. 39609 from Judgment dated AUGUST 30, 1995, Washington County Chancery Court; DISPOSITION- Motion for Rehearing denied. Order entered.
EN BANC
95-KP-00764-COA
Little, Robert v. State of Mississippi
Appeal No. 4726 from Judgment dated APRIL 25, 1995, Humphreys County Circuit Court; The judgment of the Humphreys County Circuit Court to deny appellant's motion for an out- of-time appeal is affirmed.All costs of this appeal are taxed to Humphreys County.
Thomas A. Coleman, J.
95-KA-00667-COA
Butler, Terry v. State of Mississippi
Appeal No. 94476 from Judgment dated MAY 18, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION- Motion for Rehearing denied. Order entered.
EN BANC
95-CA-00403-COA
Helbert, Rachell E., by and through her Mother and Next Friend, Lois Helbert v. Big B, Inc.
Appeal No. 9400064 from Judgment dated APRIL 07, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION- Motion for Rehearing denied. Order entered. Thomas, P.J., not participating.
EN BANC
95-KA-00586-COA
Christian, Otis v. State of Mississippi
Appeal No. 9093 from Judgment dated APRIL 06, 1995, Simpson County Circuit Court; The judgment of the Simpson County Circuit Court of conviction of burglary of a building and sentence as a habitual offender to serve a term of seven years in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed shall run consecutively to any other sentence Christian is presently serving. Costs are assessed to Simpson County.
Leslie H. Southwick, J.
95-CA-00377-COA
McHand, Zina Gail (Gatton) v. Guy Ellis McHand, Jr.
Appeal No. 94186 from Judgment dated AUGUST 05, 1994, DeSoto County Chancery Court; DISPOSITION- The judgment of the DeSoto County Chancery Court is reversed and this case remanded for a maximum period of sixty days within which the court is directed to certify its findings of fact and conclusions of law supporting the judgment rendered in this case. Upon receipt of those findings and conclusions, this court will resume proceedings on appeal. If additional time is needed to carry out this judgment, the trial court shall certify to this court the length of additional time needed. Southwick, J., Fraiser, C.J., Bridges and Thomas, P.JJ., Barber, Coleman, Diaz, King, McMillin, and Payne, JJ., concur.
EN BANC
95-KA-00152-COA
Hughes, Simeon v. State of Mississippi
Appeal No. 37994 from Judgment dated JANUARY 30, 1995, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of armed robbery and sentence of thirty-four (34) years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Costs of this appeal are assessed to Lauderdale County.
EN BANC
94-KA-01149-COA
Jenkins, Douglas Jerome A/K/A Doug Russell v. State of Mississippi
Appeal No. 93488 from Judgment dated OCTOBER 04, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of the First Judicial District of Hinds County of conviction of burglary of a business and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to Hinds County.
Billy G. Bridges, P. J.
94-CA-01141-COA
Henderson, Howard Hugh v. Mary K. Lawson Henderson
Appeal No. 032416 from Judgment dated OCTOBER 12, 1994, Madison County Chancery Court; DISPOSITION- Motion for Rehearing denied. Order entered. Southwick, J., not participating.
James E. Thomas, P.J.
93-CA-00178-COA
Arrington, Ramonia (Ramona) v. A. C. Chambliss
Appeal No. 32125 from Judgment dated MARCH 06, 1989, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County in favor of the appellee is affirmed. All costs are assessed to the appellant.
Leslie H. Southwick, J.
95-CA-00870-COA
Youd, Marilyn Trotter Brownlee v. Jared C. Brownlee
Appeal No. 9308329 from Judgment dated JULY 07, 1995, Panola County Chancery Court, Second Judicial District; The decree of the Chancery Court of Panola County is affirmed.Costs are assessed to the appellant.
Billy G. Bridges, P. J.
94-CA-00447-COA
Pitts, Robert v. South Central Bell Telephone Company and Dixie Electric Power Association
Appeal No. 1291166 from Judgment dated APRIL 12, 1994, Wayne County Circuit Court; The judgment of the Wayne County Circuit Court is affirmed. All costs of this appeal are to be assessed to Robert Pitts. McMillin, J., concurs in result only.
Roger H. McMillin, Jr., J.
93-CA-01266-COA
Thames, Robert E. v. Smith Insurance Agency, Inc.
Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court;
consolidated with 93-CA-01267-COA Robert Thames d/b/a Malta Mart v. Smith Insurance Agency, Inc.; Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; consolidated with 93-CA-01268-COA Seaview Resorts, Inc. v. Smith Insurance Agency, Inc.; Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; The judgments of the Lincoln County Circuit Court are affirmed.Statutory damages and interest are awarded.Costs of this appeal are assessed to the appellants.Barber, J., dissents with separate written opinion joined by Coleman, Diaz, King, and Payne, JJ.
Roger H. McMillin, Jr., J.
94-CA-00440-COA
Diamond, Jack, Conservatorship of, by and through the Duly Authorized Conservator, Carle Cooper and Jack Diamond v. Foundation for Civic Development, Inc., A Mississippi Non-Profit Corporation; Margaret T. Tate, Individually and as President of the Foundation for Civic Development, Inc. and Erwin J. Smith
Appeal No. 26664 from Judgment dated APRIL 15, 1994, Pearl River County Chancery Court; Appellee's Motion to dismiss appeal as inappropriately filed granted and this cause is dismissed. Costs of this appeal are assessed to the appellants. Order entered.
Roger H. McMillin, Jr., J.
93-KA-00586-COA
Smith, Clyde Wendell and Jerome "Pete" Smith v. State of Mississippi
Appeal No. 4698 from Judgment dated APRIL 22, 1993, Humphreys County Circuit Court; The judgment of the Humphreys County Circuit Court of conviction of Clyde Wendell Smith of Count I, aggravated assault, and Counts III and IV, carrying a concealed weapon by a felon, and three consecutive life sentences as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed.The conviction of Clyde Wendell Smith of Count II, aggravated assault, is reversed and rendered and sentence is vacated.The judgment of the Humphreys County Circuit Court of conviction of Jerome "Pete" Smith of Count I, aggravated assault, and sentence of ten years in the custody of the Mississippi Department of Corrections, with two years suspended, is affirmed.The conviction of Count II, aggravated assault, is reversed and rendered and sentence is vacated.Costs of this appeal are assessed to Humphreys County.
Mary Libby Payne, J.
94-KA-01129-COA
Cooper, George v. State of Mississippi
Appeal No. CR947BT2 from Judgment dated OCTOBER 06, 1994, Tallahatchie County Circuit Court, Second Judicial District; The judgment of the Circuit Court of the Second Judicial District of Tallahatchie County of conviction on Count I of forgery and sentence of five years in the custody of the Mississippi Department of Corrections with the last three years suspended, pending good behavior; Count II of uttering a forgery and sentence of five years in the custody of the Mississippi Department of Corrections to run consecutively to sentence in Count I; said sentence to be suspended pending good behavior; and payment of restitution of $780.45 is affirmed.All costs of this appeal are taxed to Tallhatchie County.
Mary Libby Payne, J.
94-KA-00203-COA
Levy, Marlon v. State of Mississippi
Appeal No. 4519 from Judgment dated FEBRUARY 23, 1994, Scott County Circuit Court; The judgment of the Circuit Court of Scott County of conviction of armed robbery and sentence of forty (40) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Scott County.
Leslie H. Southwick, J.
95-CA-01326-COA
Speight, Mary v. Wal-Mart Stores, Inc.
Appeal No. 14651 from Judgment dated OCTOBER 25, 1995, Winston County Circuit Court; The judgment of the Circuit Court of Winston County is affirmed.All costs are assessed to appellant.
Leslie H. Southwick, J.
95-CA-01214-COA
Nagappa, M. D., Champa v. North Mississippi Health Services
Appeal No. 950048 from Judgment dated OCTOBER 25, 1995, Clay County Circuit Court; The judgment of the Clay County Circuit Court granting summary judgment to North Mississippi Health Services, is affirmed.All costs of this appeal are taxed to Champa Nagappa, M.D.
Roger H. McMillin, Jr., J.
93-CA-01267-COA
Thames, Robert d/b/a Malta Mart v. Smith Insurance Agency, Inc.
Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court;
consolidated with 93-CA-01268-COA Seaview Resorts, Inc. v. Smith Insurance Agency, Inc.; Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; The judgments of the Lincoln County Circuit Court are affirmed.Statutory damages and interest are awarded.Costs of this appeal are assessed to the appellants.Barber, J., dissents with separate written opinion joined by Coleman, Diaz, King, and Payne, JJ. consolidated with UU 93-CA-01266-COA Robert E. Thames v. Smith Insurance Agency, Inc.; Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court.
Leslie H. Southwick, J.
94-CA-01259-COA
Adams, Cleveland Edward v. Sandra H. Adams
Appeal No. 86772 from Judgment dated NOVEMBER 07, 1994, Harrison County Chancery Court, First Judicial District; The judgment of the Chancery Court of Harrison County is affirmed as to the withholding order requiring appellant to pay $106.00 per month in arrearage until past due child support is paid in full; affirmed as to award of attorney fees; remanded as to issue of modification of child support; motion for attorney fees on appeal sustained for the amount of $250.All costs assessed to appellant.
Leslie H. Southwick, J.
93-CA-01230-COA
Skinner, William E. v. Mary B. Skinner
Appeal No. 33530 from Judgment dated SEPTEMBER 21, 1993, Adams County Chancery Court; The judgment of the Adams County Chancery Court is affirmed. All costs of this appeal are taxed to the appellant.Statutory damages and interest are awarded.Bridges, P.J., not participating.
James E. Thomas, P.J.
95-CA-01203-COA
McCrary, Ralph M. v. Ilona Johnson McCrary
Appeal No. 94101213 from Judgment dated NOVEMBER 09, 1995, DeSoto County Chancery Court; The judgment of the DeSoto County Chancery Court is affirmed.Costs are taxed to the appellant.
James E. Thomas, P.J.
95-KA-00646-COA
Smith, Ulysses C. A/K/A "Tin Man" v. State of Mississippi
Appeal No. 14520 from Judgment dated APRIL 06, 1995, Pike County Circuit Court; The judgment of the Circuit Court of Pike County of conviction of unlawful possession of cocaine and sentence as an habitual offender for six years to run consecutively to any other sentences, in the custody of the Mississippi Department of Corrections, and fine of $30,000.00 is affirmed. All costs are assessed to Ulysses C. Smith.
James E. Thomas, P.J.
94-KP-00723-COA
Hardy, Correll v. State of Mississippi
Appeal No. 940002 from Judgment dated JUNE 29, 1994, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court of conviction of possession of cocaine with intent to sell, barter, or deliver and sentence of ten years in the custody of the Mississippi Department of Corrections, and fine of $1,000.00 is affirmed.All costs are assessed to Sunflower County.
James E. Thomas, P.J.
94-KA-00690-COA
Miller, Ken A/K/A Kenneth Miller v. State of Mississippi
Appeal No. 8134 from Judgment dated JULY 11, 1994, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court of conviction of obtaining a controlled substance by misrepresentation or fraud, (Percocet) and sentence of four (4) years in the custody of the Mississippi Department of Corrections and fine of $500.00 is affirmed. Sentence shall run consecutively to any sentences previously imposed.Costs are assessed to Coahoma County.
James E. Thomas, P.J.
94-KA-00246-COA
Adams, Devon v. State of Mississippi
Appeal No. 2114 from Judgment dated MARCH 07, 1994, Choctaw County Circuit Court; The judgment of the Choctaw County Circuit Court of conviction of sale of cocaine within 1500 feet of a school building and sentence to forty years in the custody of the Mississippi Department of Corrections and fine of $1,000.00 is affirmed. Sentence imposed in this cause shall run concurrently to sentence imposed in Cause No. 2087 and consecutively to any sentence previously imposed. All costs are assessed to Choctaw County.
James E. Thomas, P.J.
93-KA-01020-COA
Parker, Dick a/k/a Willie D. Parker v. State of Mississippi
Appeal No. CK93051 from Judgment dated AUGUST 13, 1993, Calhoun County Circuit Court; The judgment of the Circuit Court of Calhoun County of conviction of sale of cocaine and enhanced sentence as a habitual offender to thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed against the appellant. King, J., concurs in result only. Southwick, J., concurs with separate written opinion joined by Fraiser, C.J., Coleman and McMillin, JJ.; consolidated with UU 93-KA-00946-COA Dick Parker A/K/A Willie D. Parker v. State of Mississippi; Appeal No. CK93051 from Judgment dated AUGUST 10, 1993, Calhoun County Circuit Court.
James E. Thomas, P.J.
93-KA-00946-COA
Parker, Dick a/k/a Willie D. Parker v. State of Mississippi
Appeal No. CK93051 from Judgment dated AUGUST 10, 1993, Calhoun County Circuit Court; consolidated with 93-KA-01020-COA Dick Parker A/K/A Willie D. Parker v. State of Mississippi; Appeal No. CK93051 from Judgment dated AUGUST 13, 1993, Calhoun County Circuit Court; The judgment of the Circuit Court of Calhoun County of conviction of sale of cocaine and enhanced sentence as a habitual offender to thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed against the appellant. King, J., concurs in result only. Southwick, J., concurs with separate written opinion joined by Fraiser, C.J., Coleman and McMillin, JJ.
Oliver E. Diaz, Jr., J.
94-KA-00798-COA
Hearron, Aaron v. State of Mississippi
Appeal No. 11624 from Judgment dated JULY 27, 1994, Warren County Circuit Court; The judgment of conviction in the Warren County Circuit Court of carrying a concealed weapon after conviction of a felony and sentence of five (5) years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to appellant. Appellant's motion to reinstate appeal bond and motion for expedited ruling on bail pending appeal dismissed as moot. Order entered.
Billy G. Bridges, P. J.
94-KA-00398-COA
Saucier, Stephen Troy v. State of Mississippi
Appeal No. 93114071 from Judgment dated FEBRUARY 28, 1994, Greene County Circuit Court; The judgment of the Greene County Circuit Court of conviction of simple assault on a law enforcement officer and sentence of five (5) years in the custody of the Mississippi Department of Corrections without parole or early release is hereby affirmed.Sentence to be served consecutively to sentence he is presently serving. All costs of this appeal are taxed to Greene County.
Billy G. Bridges, P. J.
94-KA-00340-COA
Dickey, Jr., John Donald v. State of Mississippi
Appeal No. CR9258 from Judgment dated MARCH 25, 1994, Yalobusha County Circuit Court, Second Judicial District; The judgment of the Yalobusha County Circuit Court of convictions on Count I of conspiracy to distribute less than one ounce of marijuana within 1,000 feet of a school and sentence of five years under second offender statute, suspended pending good behavior and shall run consecutively to sentence in Count II; Count II of sale of less than one ounce of marijuana within 1,000 feet of a school under an enhanced second offender violation and sentence of three years, all in the custody of the Mississippi Department of Corrections, and fine of $1,000 is affirmed.All costs of appeal are taxed to the appellant.
Billy G. Bridges, P. J.
94-KA-00050-COA
Farmer Jr., Wendell v. State of Mississippi
Appeal No. 1365 from Judgment dated AUGUST 06, 1993, Jones County Circuit Court, First Judicial District; The judgment of the Circuit Court of the First Judicial District of Jones County of conviction of capital rape and sentence to life imprisonment in the custody of the Mississippi Department of Corrections is affirmed.All costs of this appeal are taxed to Jones County.Coleman, J., dissents with separate written opinion joined by King, J. Southwick, J., concurs with separate written opinion joined by Thomas, P.J., and Payne, J.
Thomas A. Coleman, J.
95-CA-00513-COA
Adams, Larry L. v. Virginia K. Adams
Appeal No. 942758 from Judgment dated MAY 10, 1995, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court is affirmed.The costs of this appeal are assessed to the appellant. Bridges, P.J., concurs with separate written opinion joined by Thomas, P.J.
Thomas A. Coleman, J.
95-KA-00009-COA
Hayes, Hazel Jene v. State of Mississippi
Appeal No. 25243 from Judgment dated MARCH 27, 1992, Harrison County Circuit Court, First Judicial District; The Harrison County Circuit Court's judgment of the appellant's guilt of the crime of manslaughter and its sentence to serve a term of twelve years in the custody of the Mississippi Department of Corrections are affirmed.Costs are assessed to the appellant.Thomas, P.J., not participating.
Thomas A. Coleman, J.
94-KA-01248-COA
Theriot, Johnny Paul v. State of Mississippi
Appeal No. 14334 from Judgment dated NOVEMBER 04, 1994, Pike County Circuit Court; The Pike County Circuit Court's judgment of Theriot's guilt of aggravated assault and its sentence to serve a term of twenty years in the custody of the Mississippi Department of Corrections without benefit of probation, parole, good time, or early release as an habitual criminal are affirmed.Costs are assessed to appellant.
Thomas A. Coleman, J.
94-CA-00790-COA
Denotee Martin Contractors, Inc. v. Carr Oil Company, Bank of New Albany, Mississippi State Tax Commission and Bill Kizer
Appeal No. 6691 from Judgment dated JUNE 16, 1994, Union County Circuit Court; The judgment of the Circuit Court of Union County is affirmed in part and reversed and remanded in part.Costs of this appeal are assessed to appellant.Southwick, J., concurs with separate written opinion. McMillin, J., not participating. DISPOSITION- Motion of Dismissal of the Mississippi State Tax Commission granted and the Mississippi State Tax Commission is dismissed from this case.Order entered.
Oliver E. Diaz, Jr., J.
95-CA-00327-COA
Breakfield, Jimmie v. Marjorie Breakfield
Appeal No. 940075 from Judgment dated FEBRUARY 23, 1995, Marion County Chancery Court; The judgment of the Chancery Court of Marion County is hereby affirmed. Statutory damages and interest are awarded. The appellant is taxed with all costs of this appeal.
Roger H. McMillin, Jr., J.
93-CA-01268-COA
Seaview Resorts, Inc. v. Smith Insurance Agency, Inc.
Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; The judgments of the Lincoln County Circuit Court are affirmed.Statutory damages and interest are awarded.Costs of this appeal are assessed to the appellants.Barber, J., dissents with separate written opinion joined by Coleman, Diaz, King, and Payne, JJ.; consolidated with UU 93-CA-01266-COA Robert E. Thames v. Smith Insurance Agency, Inc.; Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court; consolidated with 93-CA-01267-COA Robert Thames d/b/a Malta Mart v. Smith Insurance Agency, Inc.; Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court.
Oliver E. Diaz, Jr., J.
94-KA-00205-COA
Patrick, Christopher Dean v. State of Mississippi
Appeal No. 4526 from Judgment dated FEBRUARY 25, 1994, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections is hereby affirmed.All costs of this appeal are taxed to Scott County.
Oliver E. Diaz, Jr., J.
93-KA-01430-COA
Preston, Anthony Wendell v. State of Mississippi
Appeal No. 16592 from Judgment dated NOVEMBER 18, 1993, Forrest County Circuit Court; The judgment of conviction in the Forrest County Circuit Court of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed.Costs of this appeal are taxed to Forrest County.
Leslie D. King, J.
94-CA-00241-COA
Drexler, Theresa M., as Mother and Next Friend of Allana Drexler, a minor v. John P. Smith, Jr. and Genevia C. Smith
Appeal No. 91261 from Judgment dated JANUARY 28, 1994, DeSoto County Circuit Court; The judgment of the Circuit Court of DeSoto County is affirmed.All costs are taxed to the appellant.
Leslie D. King, J.
93-KA-00856-COA
Clemons, Danyel L. v. State of Mississippi
Appeal No. 8222 from Judgment dated JULY 20, 1993, Neshoba County Circuit Court; The judgment of the Circuit Court of Neshoba County is reversed and remanded for a new trial. Costs are assessed against Neshoba County. Thomas, P.J., dissents with separate opinion joined by Diaz, McMillin and Southwick, JJ.
Leslie D. King, J.
92-KA-01262-COA
Pringle, Charles v. State of Mississippi
Appeal No. 9135 from Judgment dated SEPTEMBER 15, 1992, Hinds County Circuit Court, First Judicial District; The judgment of the First Judicial District of Hinds County Circuit Court is reversed and remanded for proceedings consistent with this opinion.Costs of this appeal are assessed against Hinds County. Fraiser, C.J., concurs in result only.
Oliver E. Diaz, Jr., J.
94-CA-00625-COA
Swails, III, William (Billy) Taylor v. American Mutual Fire Insurance Company
Appeal No. 94006 from Judgment dated JUNE 14, 1994, Lowndes County Circuit Court; The judgment of the Lowndes County Circuit Court is hereby reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are taxed to the appellee. McMillin, J., dissents with separate written opinion, joined by Fraiser, C.J., Thomas, P.J., and Southwick, J.
Oliver E. Diaz, Jr., J.
94-KA-00302-COA
Mills, Yolanda Eunice v. State of Mississippi
Appeal No. TK92036 from Judgment dated SEPTEMBER 29, 1993, Tippah County Circuit Court; The judgment of conviction in the Tippah County Circuit Court of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections with five (5) years suspended is affirmed.Costs of this appeal are taxed to Tippah County.
Oliver E. Diaz, Jr., J.
96-CC-00041-COA
Brooks, Doris v. Panola Mills, Inc. and The Travelers Insurance Company, a/k/a The Travelers Companies
Appeal No. CV950124 from Judgment dated DECEMBER 22, 1995, Panola County Circuit Court, Second Judicial District; The judgment of the Panola County Circuit Court is hereby affirmed. All costs of this appeal are taxed to the appellant.
Leslie H. Southwick, J.
94-KA-01017-COA
Walker, Charles a/k/a Charles Henry Walker v. State of Mississippi
Appeal No. UK94017 from Judgment dated JUNE 23, 1994, Union County Circuit Court; The judgment of the Union County Circuit Court of conviction of Charles Walker of two counts of aggravated assault, sentence of twenty years in the custody of the Mississippi Department of Corrections on each count, to run concurrently, with eight years suspended on each, is affirmed. All costs of this appeal are taxed to Union County.
Leslie H. Southwick, J.
93-KP-01427-COA
Edwards, Timothy a/k/a Timmy Edwards and Tommy Edwards a/k/a Tommy L. Edwards a/k/a Tommy Lee Edwards v. State of Mississippi
Appeal No. 37493 from Judgment dated DECEMBER 06, 1993, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of Timothy Edwards of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed.The conviction of Tommy Edwards of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed to Lauderdale County.
Roger H. McMillin, Jr., J.
93-KA-00274-COA
Jordan, John Lee v. State of Mississippi
Appeal No. 914280 from Judgment dated JANUARY 08, 1993, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of possession of cocaine with intent to distribute and sentence of sixty (60) years as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed.Costs of this appeal are assessed to appellant.
Roger H. McMillin, Jr., J.
94-CA-00266-COA
Epperson, Jr., Charlie Lafayette v. Mary Suzanne Chatham Epperson
Appeal No. 89121144 from Judgment dated DECEMBER 09, 1993, DeSoto County Chancery Court; The judgment of the DeSoto County Chancery Court is affirmed. Statutory damages and interest are awarded. Costs of this appeal are assessed to the appellant.
Thomas A. Coleman, J.
94-KA-01044-COA
Hall, Jasper v. State of Mississippi
Appeal No. 9310680 from Judgment dated SEPTEMBER 15, 1994, Sunflower County Circuit Court; DISPOSITION- Motion for Rehearing denied. Order entered.