Hand Down Lists
December 12, 2000
Payne, Mary Libby
XX
1999-WC-02129-COA
Zurich American Insurance Company of Illinois v. Beasley Contracting Company, Inc., National Union Fire Insurance Company of Pittsburgh, PA and Charles E. Quinn
Tippah Circuit Court; LC Case#: T99-152; Ruling Date: 09/29/1999; Ruling Judge: R. Coleman; Majority Opinion: Payne, J. Disposition: The judgment of the Tippah County Circuit Court is affirmed. Appellants taxed with costs of appeal. Votes: King, P.J., Irving, J., Lee, J., Myers, J., Concur. Dissenting Opinion: McMillin, C.J. Votes: Southwick, P.J., Bridges, J., Moore, J., Thomas, J., Join.
Moore, Dudley Rook, III
X
1999-KA-01011-COA
Robinson, Troy Douglas a/k/a Troy Douglas Robertson v. State of Mississippi
Harrison Circuit Court 1st District; LC Case#: 24019900095; Ruling Date: 04/22/1999; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Moore, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of transfer of a controlled substance and sentence to twenty-five years in the custody and control of the Mississippi Department of Corrections as an habitual offender is affirmed. Harrison County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Thomas, J., Concur.
Moore, Dudley Rook, III
X
1999-KA-01467-COA
Williams, Aki Lavell and Carlos Hodges v. State of Mississippi
Coahoma Circuit Court; LC Case#: 990011; Ruling Date: 08/30/1999; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Moore, J. Disposition: The judgments of the Coahoma County Circuit Court of conviction of Aki Lavelle Williams and Carlos Hodges of robbery, sentences of nine years with five years suspended to be served in the custody and control of the Mississippi Department of Corrections are affirmed. Sentences imposed to run consecutively to any and all previous sentences. Coahoma County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Thomas, J., Concur.
Irving, Tyree
X
1999-KA-01639-COA
Martin, Freddie Lee v. State of Mississippi
DeSoto Circuit Court; LC Case#: 98-588; Ruling Date: 08/26/1999; Ruling Judge: George Ready; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of felony DUI and sentence of one year in the custody of the Mississippi Department of Corrections and one year post-release supervision is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Irving, Tyree
X
1999-KA-01651-COA
Moore, Jermaine v. State of Mississippi
Quitman Circuit Court; LC Case#: 99036; Ruling Date: 09/22/1999; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Quitman County of conviction of sexual battery and sentence of twelve years in the custody of the Mississippi Department of Corrections, with five years suspended, is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Irving, Tyree
X
1999-KA-01668-COA
Sistrunk, Robbie v. State of Mississippi
Neshoba Circuit Court; LC Case#: 99-CR-0009; Ruling Date: 07/20/1999; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of prescription forgery and sentence to serve a term of two and one-half years in the Mississippi Department of Corrections and pay a fine of $1,000 is affirmed. Neshoba County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Irving, Tyree
X
2000-CP-00375-COA
Coleman, Eddie a/k/a "Big Money Green" v. State of Mississippi
Lowndes Circuit Court; LC Case#: 95-084; Ruling Date: 08/25/1999; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lowndes County denying Appellant's Motion for post-conviction relief is affirmed. Lowndes County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Bridges, Billy G.
X
1999-KA-00672-COA
McAdory, Patrick v. State of Mississippi
Coahoma Circuit Court; LC Case#: 9054; Ruling Date: 08/28/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Patrick McAdory of County II aggravated assault and sentence of 10 years to run concurrent to Count I; of Count III aggravated assault and sentence of 10 years to run concurrent to Count I; and Count I aggravated assault and sentence of 10 years to run consecutive to any and all sentences previously imposed, all to be served in the custody of the Mississippi Department of Corrections is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Bridges, Billy G.
X
1999-KA-01517-COA
Heatherly, Steven a/k/a Steven R. Heatherly v. State of Mississippi
Lafayette Circuit Court; LC Case#: 98172; Ruling Date: 07/21/1999; Ruling Judge: R. Coleman; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of the sale of less than one ounce of marijuana and sentence of three years in the custody of the Mississippi Department of Corrections and to pay a fine of $3,000 is hereby affirmed. Sentence to run consecutively with sentences in LK 98-170 and LK 98-174. Lafayette County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Bridges, Billy G.
X
2000-CP-00909-COA
Miller, Peter v. State of Mississippi
Yazoo Circuit Court; LC Case#: 2000-CI-17CV; Ruling Date: 05/30/2000; Ruling Judge: Jannie Lewis; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Yazoo County denying post-conviction relief is hereby affirmed. Yazoo County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
1999-WC-01594-COA
Brock, Kenneth v. Hankins Lumber Company and Liberty Mutual Insurance Company
Grenada Circuit Court; LC Case#: 99041; Ruling Date: 09/01/1999; Ruling Judge: C. Morgan, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Grenada County is reversed and the award of benefits by the Workers' Compensation Commission is reinstated. Appellees taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
1999-KA-01662-COA
Thomas, Terrance v. State of Mississippi
Coahoma Circuit Court; LC Case#: 99054; Ruling Date: 08/30/1999; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of burglary of a dwelling and sentence of eight years with 5 years to serve, 3 years suspended under terms and conditions, in the custody of the Mississippi Department of Corrections is affirmed. Coahoma County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
1999-CA-01898-COA
Hover, James Walter II v. State of Mississippi
Lauderdale Circuit Court; LC Case#: 99-CV131R; Ruling Date: 10/13/1999; Ruling Judge: Larry Roberts; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Lauderdale County Circuit Court denying post-conviction relief is affirmed. Lauderdale County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
2000-WC-00095-COA
Tyson Foods, Inc., a Self-Insured Employer v. Carl Hilliard
Hinds Circuit Court 1st District; LC Case#: 251-981214CIV; Ruling Date: 12/15/1999; Ruling Judge: James Graves, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Hinds County affirming the Workers' Compensation Commission's award of temporary disability benefits is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
2000-CP-00477-COA
Stacy, Billy W. Sr. a/k/a Billy W. Stacy v. State of Mississippi
Coahoma Circuit Court; LC Case#: 8829; Ruling Date: 03/02/2000; Ruling Judge: John Hatcher; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Coahoma County Circuit Court denying post-conviction relief is affirmed. Coahoma County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
2000-CP-00479-COA
Ellis, Tyrone v. State of Mississippi
Lowndes Circuit Court; LC Case#: 2000-003-CV1; Ruling Date: 02/22/2000; Ruling Judge: Lee Howard; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Lowndes County Circuit Court denying post-conviction relief is hereby affirmed. Lowndes County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
2000-CP-00516-COA
Smith, William Jr. v. State of Mississippi
Lowndes Circuit Court; LC Case#: 99-023CV; Ruling Date: 02/22/2000; Ruling Judge: Lee Howard; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Lowndes County denying post-conviction relief is affirmed. Lowndes County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
King, Leslie D.
X 1999-KA-00741-COA
Fulcher, Jonathan a/k/a Jonathan M. Fulcher v. State of Mississippi
Lauderdale Circuit Court; LC Case#: 16598; Ruling Date: 12/21/1998; Ruling Judge: Larry Roberts; Majority Opinion: King, P.J. Disposition: The judgment of the Lauderdale County Circuit Court is reversed and rendered. Lauderdale County taxed with costs of appeal. Votes: McMillin, C.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Concur. Moore, J., Thomas, J., Concur in result only . Southwick, P.J., Dissents Without Separate Written Opinion.
King, Leslie D.
X
1999-CA-01221-COA
JOHNSON, SHANE DAVID, Deceased: IN THE MATTER OF THE ESTATE OF, Richard Colson, M. D. v. William David Hemingway
Harrison Chancery Court 2nd District; LC Case#: C-2402-9500016; Ruling Date: 06/22/1999; Ruling Judge: Walter Teel; Majority Opinion: King, P.J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. Appellant taxed with costs of appeal. Votes: Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. McMillin, C.J., Concurs in result only.
McMillin, Roger H., Jr.
X
1999-KA-01996-COA
Gilmore, Brian a/k/a "Boo Boo" v. State of Mississippi
Quitman Circuit Court; LC Case#: 99-0021; Ruling Date: 05/05/1999; Ruling Judge: Kenneth Thomas; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Quitman County is reversed insofar as it adjudicates the Defendant guilty of armed robbery; however, an adjudication of guilt of the lesser-included offense of robbery is affirmed and this matter is remanded for re-sentencing pursuant to the penalties provided by law for that crime. Quitman County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.
EN BANC
X
97-CA-00646-COA
Davis, Angel, Individually and on Behalf of the Heirs-At-Law of Baby Boy Davis, Deceased v. William E. Powell and The Walley Clinic
Wayne Circuit Court; LC Case#: 1968; Ruling Date: 03/07/1997; Ruling Judge: Robert Bailey; Majority Opinion: Irving, J. Disposition: The motion for rehearing is denied, however, the original opinion is withdrawn and this opinion substituted. The judgment of the Circuit Court of Wayne County, in favor of William E. Powell and the Walley Clinic is reversed and remanded for a new trial consistent with the holding herein. Appellees taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. Myers, J., Not Participating. Disposition: The Motion for Rehearing is denied.
EN BANC
XX
97-CA-01276-COA
McCord, Peggy Spradling, Executrix v. Nina M. Spradling
Calhoun Chancery Court; LC Case#: 96319; Ruling Date: 09/25/1997; Ruling Judge: Anthony Farese; Majority Opinion: Irving, J. Disposition: On Motion for Rehearing, the original opinion is withdrawn and this opinion is substituted. The judgment of the Chancery Court of Calhoun County finding no constructive trust as to the insurance proceeds and awarding the proceeds to Appellee is affirmed. The judgment of the Chancery Court on the issue of reimbursement of funeral expenses is affirmed. The judgment of the Chancery Court on the issue of the cotton rent check is reversed and rendered. The judgment of the Chancery Court on the issue of the hay proceeds is affirmed. The judgment of the Chancery Court on the issue of attorney fees is affirmed. The judgment of the Chancery Court on the issue of the form of the judgment is affirmed. The case, however, is remanded to the Chancery Court for proceedings not inconsistent with this opinion in regards to Appellant's contract claim. Appellant and Appellee taxed with costs of appeal. Votes: King, P.J., Lee, J., Payne, J., Thomas, J., Concur. Moore, J., Myers, J., Not Participating. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Bridges, J., Join. Disposition: Motion for Rehearing is denied.
EN BANC
98-KA-00482-COA
Jones, Derrick v. State of Mississippi
Bolivar Circuit Court 2nd District; LC Case#: 8373; Ruling Date: 01/15/1998; Ruling Judge: John Hatcher; Disposition: Appellee's Motion for Rehearing is denied. Southwick, P.J. would grant.
EN BANC
98-KA-00586-COA
Harried, Stanley v. State of Mississippi
Jefferson Circuit Court; LC Case#: 3056; Ruling Date: 03/18/1998; Ruling Judge: Lamar Pickard; Disposition: Appellant's Motion for Rehearing is denied.
EN BANC
1998-KA-01108-COA
Walters, Jerry Alton Jr. a/k/a Jerry Alton Walters a/k/a Jerry A. Walters, Jr. v. State of Mississippi
Forrest Circuit Court; LC Case#: 19780; Ruling Date: 06/03/1998; Ruling Judge: Richard McKenzie; Disposition: Appellant's Motion for Rehearing is denied.
EN BANC
1998-KA-01740-COA
Cannon, Michael Levander v. State of Mississippi
Jackson Circuit Court; LC Case#: 9710887; Ruling Date: 08/18/1998; Ruling Judge: James Backstrom; Disposition: Appellant's Motion for Rehearing is denied.
EN BANC
1999-WC-00701-COA
McCarty Farms, Inc., a Wholly Owned Subsidiary of Tyson Foods, Inc., a Self-Insured v. Caprice Banks
Hinds Circuit Court 1st District; LC Case#: 25198430; Ruling Date: 01/06/1999; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Rehearing is denied.
EN BANC
X
1999-CP-00728-COA
Taylor, Michael v. State of Mississippi
Sunflower Circuit Court; LC Case#: 980062; Ruling Date: 03/29/1999; Ruling Judge: W. Hines; Majority Opinion: Payne, J. Disposition: On motion for rehearing the original opinion is withdrawn and this one substituted. The judgment of the Sunflower County Circuit Court denying post-conviction relief is affirmed. Sunflower County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Thomas, J., Concur. McMillin, C.J., Concurs in result only. Irving, J., Myers, J., Not Participating. Disposition: Motion for rehearing is denied. Irving and Myers, JJ., not participating.
EN BANC
XXX
1999-WC-01057-COA
Entergy Mississippi, Inc. v. Ricky L. Robinson
Hinds Circuit Court 1st District; LC Case#: 25198661; Ruling Date: 05/10/1999; Ruling Judge: James Graves, Jr.; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded. Appellee taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Moore, J., Myers, J., Thomas, J., Concur. Concurring in Part and Dissenting in Part Opinion: Payne, J. Votes: Irving, J., Joins. Concurring in Part and Dissenting in Part Opinion: Lee, J. Votes: Bridges, J., Payne, J., Join.
EN BANC
1999-WC-01581-COA
Bankston, Merwyn v. Rockett, Inc. and Mississippi Manufacturers Association Workers' Compensation Group
Rankin Circuit Court; LC Case#: 9999; Ruling Date: 08/17/1999; Ruling Judge: John Kitchens; Disposition: Joint Motion to Dismiss Appeal granted. The costs of appeal are assessed to the appellant. Order entered.
EN BANC
1999-WC-02093-COA
Meridian Professional Baseball Club and Liberty Mutual Insurance Company v. Blair Jensen
Lauderdale Circuit Court; LC Case#: 99CV126B; Ruling Date: 11/15/1999; Ruling Judge: Robert Bailey; Disposition: Appellee's Motion for Rehearing is denied.