12/03/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Brantley, James P.
X  2001-CA-01027-COA

Billie Ruth Blakeney Rawls and husband, Dewayne Rawls v. Dora Faye H. Blakeney and Joe Peale Blakeney; Smith Chancery Court; LC Case #: 98-0091; Ruling Date: 05/30/2001; Ruling Judge: J. Buffington; Majority Opinion: Brantley, J.; Disposition: The judgment of the Smith County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur.

Bobbie P. Marshall, Individually and as Next Friend of Jeremy Ray Marshall, Andrew Thomas Marshall, Brandon Matthew Marshall and Kristen Renae Marshall, Minors v. Warren County Board of Supervisors and Beth Britt, Individually; Warren Circuit Court; LC Case #: 192-CI-V; Ruling Date: 05/31/2001; Ruling Judge: Frank Vollor; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: King, P.J., Bridges, Irving, Myers and Brantley, JJ., Concur.; Concurring Opinion: Southwick, P.J.; Votes: McMillin, C.J., Thomas and Lee, JJ., Join This Opinion.

Patrick Burnett v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-071-MS; Ruling Date: 08/17/2001; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of Lincoln County denying post-conviction relief is affirmed in part and reversed and remanded in part. Costs are assessed to Lincoln County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

Donald Dennis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-0085; Ruling Date: 07/26/2001; Ruling Judge: W. Yerger; Majority Opinion: Myers, J.; Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County dismissing with prejudice petition for post-conviction relief is affirmed. Costs are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Brantley, JJ., Concur.

Sandra M. Creel f/k/a Sandra K. Cornacchione v. Joseph A. Cornacchione; Pike Chancery Court; LC Case #: 94-0275; Ruling Date: 12/28/2000; Ruling Judge: W. McGehee, II; Majority Opinion: Irving, J.; Disposition: The judgment of the Chancery Court of Pike County is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Jerry Dixon, Louiza Dixon, Jerome Armstrong, Sheree Armstrong and Louavery McKenzie, Trustees of Joint Heirs with Christ Outreach Center v. Mrs. Coleman Parker, Deceased, Deborah Meggs and Patricia Pickle; Attala Chancery Court; LC Case #: 99-309; Ruling Date: 04/10/2001; Ruling Judge: Edward Prisock; Majority Opinion: Irving, J.; Disposition: The judgment of the Chancery Court of Attala County is affirmed. All costs of this appeal are assessed against the appellants. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Pete J. Nosser, III, Daria Nosser Hood, Paul W. Nosser, David J. Nosser and Leanne Nosser v. B. P. Buford and Buford Partners, L. P. AND B. P. Buford and Buford Partners, L. P. v. First Bank; Warren Chancery Court; LC Case #: 98-467-GN; Ruling Date: 06/18/2001; Ruling Judge: Donald Patterson; Majority Opinion: Irving, J.; Disposition: The judgment of the Chancery Court of Warren County is affirmed as to direct and cross-appeal. All costs of this appeal are assessed to the appellants. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Artez Gray v. State of Mississippi; Leflore Circuit Court; LC Case #: 23,651; Ruling Date: 01/14/2000; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, J.; Disposition: The judgment of the Leflore County Circuit Court of conviction of aggravated assault with a deadly weapon and sentence of six years in the custody of the Mississippi Department of Corrections with one year suspended and two years of post- release supervision is affirmed. All costs of this appeal are taxed to Leflore County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Brantley, JJ., Concur.

Earl Terry v. State of Mississippi; Hancock Circuit Court; LC Case #: 00-0011 PC; Ruling Date: 05/17/2001; Ruling Judge: Stephen Simpson; Majority Opinion: Thomas, J.; Disposition: The judgment of the Circuit Court of Hancock County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Hancock County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Michael A. Bolton a/k/a Michael Angelo Bolton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2000-391; Ruling Date: 02/08/2001; Ruling Judge: Stephen Simpson; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Harrison County denying appellant's petition for post-conviction relief is affirmed. The costs of this appeal are assessed to Harrison County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Mississippi Department of Corrections v. Alvin Harris; Hinds Circuit Court 1st District; LC Case #: 251-99-909CIV; Ruling Date: 02/02/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Hinds County is reversed, and the decision of the Mississippi Department of Corrections to terminate the appellee is reinstated. All costs are assessed to the appellee. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Myers and Chandler, JJ., Concur. Irving, J., Concurs in Result Only. Brantley, J., Dissents Without Separate Written Opinion.

Francis Eugene White v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 97-00254; Ruling Date: 05/25/2001; Ruling Judge: Robert Walker; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Harrison County of conviction of aggravated assault and sentence of 20 years as an habitual offender in the custody of the Mississippi Department of Corrections is hereby affirmed. Costs are assessed to Harrison County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Harvey Joe Ray v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2000-0110CR; Ruling Date: 04/16/2001; Ruling Judge: C. Morgan, III; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Montgomery County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections with eight years suspended for five years is affirmed. Costs of this appeal are assessed to Montgomery County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Omar Ramsey v. State of Mississippi; Leflore Circuit Court; LC Case #: 23,082; Ruling Date: 11/16/2000; Ruling Judge: Gray Evans; Majority Opinion: King, P.J.; Disposition: The judgment of the Circuit Court of Leflore County is affirmed. Appellant taxed with costs of appeal. ; Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Mary Ann Adams and John W. Barrett v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 535-00; Ruling Date: 02/12/2001; Ruling Judge: Larry Roberts; Majority Opinion: King, P.J.; Disposition: The judgment of the Lauderdale County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed as to each of the appellants. The costs of this appeal are assessed one half to each appellant. ; Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Charlotte Jones, a/k/a Charlotte Grider Jones v. State of Mississippi; Jackson Circuit Court; LC Case #: 98-10,025(1); Ruling Date: 06/08/2001; Ruling Judge: James Backstrom; Majority Opinion: McMillin, C.J.; Disposition: The judgment of the Circuit Court of Jackson County of conviction of armed robbery and sentence of five years in the custody of the Mississippi Department of Corrections and restitution of $3,513 is affirmed. Costs of this appeal are assessed to Jackson County. ; Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Billy Wayne Frith and Wanda Frith as Parents and Natural Guardians of Joshua Brent Frith, a Minor v. BIC Corporation; Scott Circuit Court; LC Case #: 97-0261; Ruling Date: 06/13/2000; Ruling Judge: V. Cotten; Majority Opinion: Myers, J.; Disposition: On motion for rehearing the original opinions are withdrawn and these opinions substituted. The judgment of the Circuit Court of Scott County is reversed and remanded. All costs of appeal are assessed to the appellee. Appellants' motion for rehearing granted. ; Votes: Bridges, Thomas, Lee, Chandler and Brantley, JJ., Concur. King, P.J., Dissents Without Separate Written Opinion. Irving, J., not participating.; Dissenting Opinion: Southwick, P.J.; Votes: McMillin, C.J., Joins This Opinion.

Mark Rodriguez Alonso v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-99-236; Ruling Date: 12/07/2000; Ruling Judge: William Coleman; Disposition: Appellant's motion for rehearing is denied.

Willie Johnson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 98-055-CR; Ruling Date: 11/06/2000; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied.

Robert Anthony v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-063; Ruling Date: 05/23/2001; Ruling Judge: L. Hilburn, ; Disposition: Appellant's motion for rehearing is denied.

Deborah Weeks v. Roland Weeks; Harrison Chancery Court 1st District; LC Case #: 99-00753; Ruling Date: 05/31/2001; Ruling Judge: J. Clark; Disposition: Upon consideration of the appellee's motion for rehearing and the appellant's response to the motion, the motion for rehearing is denied. Thomas, J., not participating.

Terry Pegues v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK00-446; Ruling Date: 08/02/2001; Ruling Judge: R. Coleman; Majority Opinion: Myers, J.; Disposition: On motion for rehearing the original opinion is withdrawn and this opinion substituted. The judgment of the Circuit Court of Lafayette County of conviction of possession of more than one ounce of marijuana with intent to deliver and the sentence of twenty years with fifteen to serve in the custody of the Mississippi Department of Corrections and five years suspended on post release supervision and pay $100 to Victim's Compensation Fund is affirmed. All costs of this appeal are assessed to the appellant. Appellant taxed with costs of appeal.; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Brantley, JJ., Concur. Appellant''s motion for rehearing denied.

Keith Mosley v. State of Mississippi; Union Circuit Court; LC Case #: UK98-137; Ruling Date: 03/14/2001; Ruling Judge: R. Coleman; Disposition: Appellant's motion for rehearing is denied.

In the Matter of the Last Will and Testament of Pauline Chapman Allen: John Leavell v. William Hays Allen; Forrest Chancery Court; LC Case #: 98-0071-PR-TH; Ruling Date: 11/09/2001; Ruling Judge: James Thomas, Jr.; Disposition: Motion to docket and dismiss appeal granted. All costs of appeal are assessed to the appellant. Motion for Sanctions denied. Order entered.

In the Matter of the Last Will and Testament of Pauline Chapman Allen: John Leavell v. William Hays Allen; Forrest Chancery Court; LC Case #: 98-0071-PR-TH; Ruling Date: 11/09/2001; Ruling Judge: James Thomas, Jr.; Disposition: Motion to docket and dismiss appeal granted. All costs of appeal are assessed to the appellant. Motion for Sanctions denied. Order entered.