12/10/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Brantley, James P.
X  2000-KA-01296-COA

Bennie C. Satcher a/k/a Benny C. Satcher v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 10,207; Ruling Date: 07/28/1998; Ruling Judge: Billy Landrum; Majority Opinion: Brantley, J.; Disposition: The judgment of the Circuit Court of the Second Judicial District of Jones County of conviction of aggravated assault and sentence of twenty years with ten years to serve in the custody of the Mississippi Department of Corrections, ten years suspended and five years of supervised probation and to pay restitution is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur.

Hinds County Board of Supervisors v. James Leggette; Hinds Circuit Court 2nd District; LC Case #: 252-97-37; Ruling Date: 07/02/2001; Ruling Judge: L. Hilburn, ; Majority Opinion: Brantley, J.; Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Myers and Chandler, JJ., Concur.; Dissenting Opinion: Irving, J.; Votes: King, P.J., Joins This Opinion.

Randall Sawyer Smith v. Angela Beth Smith Little; Rankin Chancery Court; LC Case #: 47,110; Ruling Date: 04/16/2001; Ruling Judge: John Grant, III; Majority Opinion: Chandler, J.; Disposition: The judgment of the Rankin County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

Arthur Brooks v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5193; Ruling Date: 11/14/2001; Ruling Judge: Jannie Lewis; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of Humphreys County denying post-conviction relief is affirmed. All costs of the appeal are assessed to Humphreys County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

In the Interest of J.M.R., a Minor; Lee Youth Court; LC Case #: 5818; Ruling Date: 05/21/2001; Ruling Judge: James Floyd, III; Majority Opinion: Irving, J.; Disposition: The judgment of the Youth Court of Lee County adjudicating J.M.R. to be delinquent and committing him to a state-supported training school is affirmed. Costs of this appeal are assessed to Lee County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Larry J. Martin v. State of Mississippi; Pike Circuit Court; LC Case #: 99-561-KA; Ruling Date: 06/05/2000; Ruling Judge: Keith Starrett; Majority Opinion: Bridges, J.; Disposition: The judgment of the Circuit Court of Pike County of conviction of unlawful sale of cocaine within 1,500 feet of a church and sentence of sixteen years, in the custody of the Mississippi Department of Corrections, fourteen years to serve and two years of post release supervision, fine of $5,000, and restitution in the amount of $220 to the Mississippi Bureau of Narcotics is affirmed. Appellant taxed with costs of appeal.; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Karen M. Schustz, Tanya Ann Schustz, Cynthia Marie Schustz and Lisa M. Gros v. Buccaneer, Inc. and Norbert W. Kohnke, II; Hancock Circuit Court; LC Case #: 98-0125; Ruling Date: 03/13/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Bridges, J.; Disposition: The judgment of the Hancock County Circuit Court is reversed and remanded. Appellees taxed with costs of appeal.; Votes: King, P.J., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur. McMillin, C.J. and Southwick, P.J., Concur in Result Only.

Calvin Garner v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-17; Ruling Date: 03/09/2001; Ruling Judge: R. Coleman; Majority Opinion: Bridges, J.; Disposition: The judgment of the Circuit Court of Union County of conviction of possession of cocaine with the intent to distribute and sentence of 25 years in the custody of the Mississippi Department of Corrections with 8 years suspended and 5 years of post-release supervision is affirmed. Union County taxed with costs of appeal.; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Alan K. Wright v. City of Water Valley, Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR-2001-13-BY2; Ruling Date: 08/23/2001; Ruling Judge: Andrew Baker; Majority Opinion: Bridges, J.; Disposition: The judgment of the Circuit Court of Yalobusha County of conviction of Misdemeanor DUI and sentence of attending the Mississippi Alcohol Safety Education Program and fine of $750 is affirmed. Appellant taxed with costs of appeal.; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Jeno Fulop v. Frank Suta; Lafayette Chancery Court; LC Case #: 2000-461; Ruling Date: 07/05/2001; Ruling Judge: Norman Gillespie; Majority Opinion: Bridges, J.; Disposition: The judgment of the Chancery Court of Lafayette County of dismissal is reversed and remanded for further proceedings consistent with this opinion. Appellee taxed with costs of appeal.; Votes: King, P.J., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur. ; Dissenting Opinion: Southwick, P.J.; Votes: McMillin, C.J., Joins This Opinion.

Issacc L. Falconer a/k/a Issacc Leaudreau Falconer v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-98-00026; Ruling Date: 06/01/2000; Ruling Judge: John Whitfield; Majority Opinion: Bridges, J.; Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed. Harrison County taxed with costs of appeal.; Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

In the Matter of the Estate of Shirley Wright Volmer: Joseph K. Volmer, Executor v. John S. Volmer and Eleanor J. Volmer Patterson; DeSoto Chancery Court; LC Case #: 99-8-1053; Ruling Date: 05/04/2001; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: King, P.J.; Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur. Irving, J., not participating.

Tabitha A. Otto v. Mississippi Employment Security Commission; Lee Circuit Court; LC Case #: CV-01-186 (B) L; Ruling Date: 11/02/2001; Ruling Judge: Richard Bowen; Majority Opinion: McMillin, C.J.; Disposition: The judgment of the Lee County Circuit Court, upholding the denial of unemployment benefits, is affirmed. ; Votes: Southwick, P.J., Bridges, Thomas, Lee, Myers and Chandler, JJ., Concur.; Dissenting Opinion: King, P.J.; Votes: Irving and Brantley, JJ., Join This Opinion.

Tyrone Alexander v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-036; Ruling Date: 04/05/2000; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's motion for rehearing denied.

Tyrone Alexander v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-036; Ruling Date: 04/05/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, J.; Disposition: On motion for rehearing the original opinion is withdrawn and this opinion substituted. The judgment of the Circuit Court of Tippah County of conviction of embezzlement as an habitual offender and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. Tippah County taxed with costs of appeal.; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Troy M. Pittman, Jr. a/k/a Troy Myre Pittman, Jr. v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR-00-175; Ruling Date: 04/13/2000; Ruling Judge: Frank Russell; Disposition: Appellee's motion for rehearing is denied. Brantley, J., would grant.

Deshawn Jackson v. State of Mississippi; Scott Circuit Court; LC Case #: 00-CR-0185-SC; Ruling Date: 01/25/2001; Ruling Judge: Marcus Gordon; Disposition: Appellant's motion for rehearing is denied.

Darrell Ray Morris v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,247(1); Ruling Date: 05/18/2001; Ruling Judge: James Backstrom; Disposition: Appellant's motion for rehearing is denied.