Hand Down Lists
December 16, 1997
James E. Thomas, P.J.
U
95-KA-01195-COA
Harris, Angela Michelle v. State of Mississippi
Appeal No. CR94332 from Judgment dated NOVEMBER 17, 1995, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of manslaughter and sentence of twenty years with five years suspended in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant.
James E. Thomas, P.J.
U
95-KA-01384-COA
Crocker, Duman, Jr. a/k/a Duman Crocker v. State of Mississippi
Appeal No. 9979 from Judgment dated SEPTEMBER 20, 1995, Attala County Circuit Court; The judgment of the Attala County Circuit Court of conviction on Count I of capital murder and sentence of life imprisonment without parole; Count II of arson in the first degree and sentence of twenty (20) years to run consecutive to the sentence imposed in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Attala County.
James E. Thomas, P.J.
U
96-KA-00069-COA
Vance, Kenneth Warren v. State of Mississippi
Appeal No. CR9521 from Judgment dated DECEMBER 11, 1995, Tallahatchie County Circuit Court, First Judicial District; The judgment of the Tallahatchie County Circuit Court of conviction of shooting into an occupied dwelling and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Tallahatchie County.
James E. Thomas, P.J.
U
96-KA-00127-COA
Wells, Michael Lee v. State of Mississippi
Appeal No. 7802 from Judgment dated JANUARY 25, 1996, Yazoo County Circuit Court; The judgment of the Yazoo County Circuit Court of conviction of manslaughter and sentence of twelve years in the custody of the Mississippi Department of Corrections with two years suspended, conditioned on good behavior of the defendant, is affirmed. All costs of this appeal are assessed to Yazoo County.
James E. Thomas, P.J.
U
96-CA-00129-COA
Burge, Gerald L. v. State of Mississippi and Carl A. Lozier
Appeal No. 7979 from Judgment dated JANUARY 30, 1996, Pearl River County Circuit Court; The judgment of the Pearl River County Circuit Court is affirmed in part and reversed and rendered in part. Costs are assessed one-half against the appellant and one-half against Lozier and Pearl River County Circuit Court. King, J., concurs in result only.
James E. Thomas, P.J.
U
96-KA-00165-COA
Pam, Robert Earl v. State of Mississippi
Appeal No. 24198 from Judgment dated JANUARY 08, 1996, Washington County Circuit Court; The judgment of the Circuit Court of Washington County of conviction of manslaughter and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. King, J., not participating.
James E. Thomas, P.J.
U
96-CA-00330-COA
Harrod, Angela and Husband, James Harrod v. Ellen P. Lomenick
Appeal No. CV950071 from Judgment dated FEBRUARY 08, 1996, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court is affirmed. Costs of this appeal are assessed to the appellants. McMillin, P.J., and Payne, J., not participating.
James E. Thomas, P.J.
U
96-CA-00541-COA
Mississippi Employment Security Commission and William T. Daves v. Yazoo Valley Oil Mill, Inc.
Appeal No. 950051 from Judgment dated APRIL 26, 1996, Leflore County Circuit Court; The judgment of the Leflore County Circuit Court is reversed and the judgment of the Mississippi Employment Security Commission Board of Review is reinstated. All costs are assessed against the appellee. DISPOSITION - Appellee's Motion to Strike or in the alternative, to File Response, denied. Order entered.
James E. Thomas, P.J.
U
96-KA-00570-COA
Tackett, Dylon a/k/a Dylon Tacket a/k/a Jimmy Dylon Tackett v. State of Mississippi
Appeal No. OK95004 from Judgment dated APRIL 22, 1996, Chickasaw County Circuit Court, Second Judicial District; The judgment of the Chickasaw County Circuit Court is reversed and remanded for proceedings not inconsistent with this opinion. All costs are assessed to Chickasaw County.
James E. Thomas, P.J.
U
96-CA-00818-COA
IN THE INTEREST OF B. W.: M. W. W. v. J. W. D. and C. D.
Appeal No. P1384 from Judgment dated JUNE 18, 1996, Rankin County Youth Court; The judgment of the Rankin County Youth Court of denial of a motion to vacate and set aside an adjudication order is affirmed. All costs of this appeal are assessed to the appellant. Bridges, C.J., not participating.
Leslie H. Southwick, J.
U
95-CA-00136-COA
McIntosh, William H., Jr. and Alice McIntosh Turner v. Roger G. Beech, Peacos J. Beech, Brett Gillan Hillman, Charles Horton Hillman, Phyllis Turner Ishee, Ruth Marie Hillman and M. R. Hillman AND Roger G. Beech, Peacos J. Beech, Brett Gillan Hillman, Cha v. John Neal Kittrell, Rosa Lee Everett Kittrell and William H. McIntosh
Appeal No. 6613 from Judgment dated DECEMBER 30, 1994, Greene County Chancery Court; The judgment of the Chancery Court of Greene County is affirmed on direct and cross appeals. Costs are to be paid one-half by the appellants and cross-appelles and one-half by the appellees/cross-appellants.
Leslie H. Southwick, J.
U
95-KA-01052-COA
Milsap, Gary a/k/a Gary Milsaps a/k/a "LiL Woo" v. State of Mississippi
Appeal No. 9429 from Judgment dated SEPTEMBER 28, 1995, Jones County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Jones County of conviction of aggravated assault and sentence to twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed against Jones County.
Leslie H. Southwick, J.
X 95-CA-01154-COA
Kaplan, Eva v. Harco National Insurance Company
Appeal No. 9312866 from Judgment dated OCTOBER 25, 1995, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County is reversed and remanded for proceedings consistent with this opinion. Costs are assessed against the appellee.
Leslie H. Southwick, J.
U
96-CA-00053-COA
Mellen, Laurence Y. v. State of Mississippi
Appeal No. 8409 from Judgment dated DECEMBER 28, 1995, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County imposing a sanction of $1,000 is affirmed. All costs of this appeal are assessed against appellant. Herring, J., not participating.
Leslie H. Southwick, J.
UUU
96-CA-00161-COA
Mallette, Milburn v. Church of God International, James D. Jenkins, Carl E. Allen, G. E. Allen, Pettis Brewer, James E. Gholson, Lenzy Evans, Beven Joe Smith, Ray H. Hughes, David Lee Meadows, Troy Alvin Baggett, William L. Owens, Edward D. Bean and A. Levelle Kelly
Appeal No. 9400306 from Judgment dated OCTOBER 17, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court is affirmed in part and reversed and remanded in part for proceedings consistent with this opinion. Costs of the appeal are taxed one-half to the appellant and one-half to the appellees. Diaz, J., concurs with separate written opinion, joined by Bridges, C.J. and Payne, J. Payne, J., concurs with separate written opinion. Thomas, P.J., not participating. Appellees' Motion to Strike Record Excerpts filed by the appellant granted. Order entered.
Leslie H. Southwick, J.
U
96-KA-00170-COA
Cohen, Rodney Earl and Robert Lee Thomas v. State of Mississippi
Appeal No. 8852 from Judgment dated JANUARY 26, 1996, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court of conviction of Rodney Earl Cohen of drive-by shooting and sentence of twenty years without the possibility of parole in the custody of the Mississippi Department of Corrections is affirmed. The sentence imposed shall run consecutively to any and all sentences previously imposed. All costs of this appeal are assessed to Coahoma County. The judgment of the Coahoma County Circuit Court of conviction of Robert Lee Thomas of drive-by shooting and sentence of twenty-five years without the possibility of parole in the custody of the Mississippi Department of Corrections is affirmed. The sentence imposed shall run consecutively to any and all sentences previously imposed. All costs of this appeal are assessed to Coahoma County.
Leslie H. Southwick, J.
U
96-CA-00265-COA
Wade, Raymond C. Wade v. Dudley K. Hamm
Appeal No. CI950058 from Judgment dated FEBRUARY 14, 1996, Jackson County Circuit Court; The judgment of the Circuit Court of Jackson County is reversed and the cause is remanded for proceedings consistent with this opinion. All costs are assessed to the appellee.
Leslie H. Southwick, J.
U
96-KA-00296-COA
Griffin, Ronnie a/k/a Ronnie Scott Griffin v. State of Mississippi
Appeal No. 2943 from Judgment dated FEBRUARY 20, 1996, Jefferson County Circuit Court; The judgment of the Circuit Court of Jefferson County of conviction of aggravated assault and sentence to fifteen years in the custody of the Mississippi Department of Corrections, five years suspended, and order to pay restitution in the amount of $5146.87 to the victim is affirmed. Costs of this appeal are assessed to the appellant.
Leslie H. Southwick, J.
U
96-KA-00510-COA
Boone, Margaret a/k/a Margaret J. Boone v. State of Mississippi
Appeal No. 3040 from Judgment dated APRIL 12, 1996, Tunica County Circuit Court; The judgment of the Circuit Court of Tunica County of conviction of embezzlement and sentence of five years with three years suspended after the completion of two years of the sentence in the custody of the Mississippi Department of Corrections is affirmed. The sentence imposed shall run consecutive to any and all sentences previously imposed. All costs of this appeal are assessed to Tunica County.
Leslie H. Southwick, J.
U
96-CA-00619-COA
Macke, Anne P. v. C. R. Bennett, Alan Carpenter and Mark Manuel
Appeal No. 150778 from Judgment dated MAY 15, 1996, Hinds County Chancery Court, First Judicial District; The appeal of judgment of the Hinds County Chancery Court is dismissed. All costs of this appeal are taxed to the appellant.
Leslie H. Southwick. J.
U
96-KA-00683-COA
Warnsley, Jimmy Lee v. State of Mississippi
Appeal No. 4706 from Judgment dated JUNE 19, 1996, Scott County Circuit Court; The judgment of the Circuit Court of Scott County of conviction of attempted rape and sentence as an habitual offender to serve life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County.
Leslie H. Southwick. J.
U
96-CA-00808 COA
Yates, Fannie v. Martha E. Weeks
Appeal No. 95-0003 from judgment dated June 29, 1996, Webster County Circuit Court; The judgment of the Circuit Court of Webster County is affirmed. All costs of this appeal are assessed to the appellant.
Leslie H. Southwick. J.
U
96-KA-00905-COA
Nelson, Quintaros a/k/a Quintero Xavier Nelson a/k/a Julius Walker v. State of Mississippi
Appeal No. 953273 from Judgment dated AUGUST 06, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of being an accessory after the fact to armed robbery, and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs are taxed to Hinds County.
Leslie H. Southwick. J.
U
96-CA-00932-COA
IN THE MATTER OF THE ESTATE OF MILES, E. DURRELL, DECEASED: Buddy Miles v. Linda M. Burleson
Appeal No. P94788 from Judgment dated JULY 24, 1996, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are taxed to appellant.
Mary Libby Payne, J.
U
94-KP-01050-COA
Tuck, Fred v. State of Mississippi
Appeal No. 7576 from Judgment dated SEPTEMBER 01, 1994, Yazoo County Circuit Court; The judgment of the Circuit Court of Yazoo County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections with sentence to run consecutively to any sentences previously imposed is affirmed. All costs of appeal are assessed to Yazoo County.
Mary Libby Payne, J.
U
95-CA-00909-COA
State of Mississippi ex rel. Department of Public Safety v. Charles R. McRae
Appeal No. 25195448 from Judgment dated AUGUST 24, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is reversed and rendered. All costs are taxed to the appellee. Diaz and King, JJ., concur in result only. Southwick, J., concurs with separate written opinion joined by Bridges, C.J., McMillin, P.J., and Coleman, J. Thomas, P.J., not participating.
Mary Libby Payne, J.
U
95-KA-01134-COA
Hansford, Terry a/k/a Terry Lee Hansford v. State of Mississippi
Appeal No. 9996 from Judgment dated SEPTEMBER 11, 1995, Attala County Circuit Court; The judgment of the Circuit Court of Attala County of conviction of five counts of touching a child for lustful purposes and sentence on each count of ten years with five years suspended to run consecutively and consecutive to any previously imposed sentence in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Attala County.
Mary Libby Payne, J.
U
96-CA-00046-COA
IN RE: THE ESTATE OF MOORE, GLOVER, DECEASED: T. J. Rance, Executor, Emma Caldwell, Eileen Durden Fields and John Henry Evans Patterson v. Robert Dean, Jr.
Appeal No. P94419 from Judgment dated DECEMBER 15, 1995, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of the First Judicial District of Hinds County is affirmed. All costs are taxed to the appellants.
Mary Libby Payne, J.
U
96-KA-00278-COA
Hampton, Darvon Ray a/k/a Darvin Ray Hampton v. State of Mississippi
Appeal No. 9400306 from Judgment dated MAY 24, 1995, Harrison County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Harrison County of conviction of murder and sentence as a habitual offender to a term of life imprisonment 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-00074-COA
Burnett, Bunrat P. v. William A. Burnett
Appeal No. 22746 from Judgment dated JANUARY 02, 1996, Hancock County Chancery Court; The judgment of the Chancery Court of Hancock County is reversed and rendered. All costs of this appeal are taxed to the appellee. Bridges, C.J., dissents with separate written opinion joined by Thomas, P.J.
Mary Libby Payne, J.
U
96-KA-00447-COA
Naylor, Kevin L. a/k/a Kevin Lamont Naylor a/k/a "Head" v. State of Mississippi
Appeal No. 04595 from Judgment dated FEBRUARY 16, 1996, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of the sale of cocaine and sentence to serve twenty-four years in the custody of the Mississippi Department of Corrections and fine of $1,000 is affirmed. All costs of this appeal are taxed to Lauderdale County.
Mary Libby Payne, J.
U
96-KA-00789-COA
Danner, Hattie a/k/a Hattie Ruth Danner v. State of Mississippi
Appeal No. CR9551 from Judgment dated JULY 18, 1996, Panola County Circuit Court, First Judicial District; The judgment of the Panola County Circuit Court of conviction of two counts of sale of cocaine and sentence in Count I of ten years to serve in the custody of the Mississippi Department of Corrections with the last six years suspended and $1,000 fine; sentence in Count II of ten years suspended with Count II to run consecutively to Count I and fine of $1,000 is affirmed. All costs of this appeal are taxed to the appellant. McMillin, P.J., concurs in result only.
Roger McMillin, Jr., P.J.
U
95-KA-01031-COA
MarshallJohn G. a/k/a John Gilbert Marshall v. State of Mississippi
Appeal No. V4426 from Judgment dated AUGUST 24, 1995, Hinds County Circuit Court, Second Judicial District; The judgment of the Hinds County Circuit Court is reversed and the case is remanded for proceedings not inconsistent with this opinion. Costs of this appeal are assessed to Hinds County. Payne, J., not participating. CONSOLIDATED WITH: 95-KA-01155-COA
Roger McMillin, Jr., P.J.
U
95-KA-01077-COA
Jones, Lester L. v. State of Mississippi
Appeal No. 4869 from Judgment dated SEPTEMBER 21, 1995, Claiborne County Circuit Court; The judgment of the Circuit Court of Claiborne County of conviction of Count I murder and sentence to life; Count II arson and sentence of twenty years; Count III aggravated assault and sentence of eighteen years; Count IV aggravated assault and sentence of sixteen years with said sentences to run consecutively in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Claiborne County.
Roger McMillin, Jr., P.J.
X 96-CA-00034-COA
State Farm Mutual Automobile Insurance Company v. Bridget Eakins, Doris Winters and Duane Quarles
Appeal No. 9210149 from Judgment dated NOVEMBER 01, 1995, Holmes County Circuit Court; The judgment of the Circuit Court of Holmes County is affirmed. Statutory penalties and interest are awarded. Costs of this appeal are assessed to the appellant. Motion to supplement record denied. Order entered.
Roger McMillin, Jr., P.J.
U
96-KA-00185-COA
Bryant,k Linda v. State of Mississippi
Appeal No. 4272 from Judgment dated JANUARY 25, 1996, Webster County Circuit Court; The judgment of the Circuit Court of Webster County is reversed and the case is remanded for a new trial. All costs of this appeal are taxed to Webster County.
Roger H. McMillin, Jr., P.J.
UU
96-CA-00662-COA
Carrington, Pamela Gail, Personal Representative of the Wrongful Death Beneficiaries of James Wiley Carrington, III, Deceased v. Methodist Medical Center, Inc.
Appeal No. 937736 from Judgment dated APRIL 25, 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. Diaz, J., dissents with separate written opinion. Bridges, C.J., not participating.
Leslie D. King, J.
U
95-KA-00744-COA
Perkins, Darren Louis v. State of Mississippi
Appeal No. 7976 from Judgment dated MARCH 28, 1995, Hancock County Circuit Court; The judgment of the Hancock County Circuit Court of conviction of transfer of a controlled substance, to-wit cocaine, and sentence to serve ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hancock County. Thomas, P.J., not participating.
Leslie D. King, J.
U
95-KA-01169-COA
Young, Carlos Devon v. State of Mississippi
Appeal No. 14708 from Judgment dated NOVEMBER 06, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of possession of a controlled substance with intent to distribute and sentence of twenty years, with five years suspended in the custody of the Mississippi Department of Corrections and to pay a fine of $10,000, is affirmed. All costs of this appeal are assessed to the appellant.
Leslie D. King, J.
U
95-KA-01224-COA
Turner, Sherman Lamar v. State of Mississippi
Appeal No. CR9414 from Judgment dated NOVEMBER 02, 1995, Yalobusha County Circuit Court, First Judicial District; The judgment of the Yalobusha County Circuit Court of conviction of Sherman Lamar Turner of sale of a controlled substance, to-wit cocaine and sentence as a habitual offender of seven years in the custody of the Mississsippi Department of Corrections, $1000 suspended fine and order to pay $125 to the Mississippi Crime Lab, and $20 restitution to the Mississippi Bureau of Narcotics is affirmed. All costs of this appeal are taxed to Yalobusha County.
Leslie D. King, J.
U
96-KA-00095-COA
Neal, Larry v. State of Mississippi
Appeal No. 8185 from Judgment dated JANUARY 10, 1996, Bolivar County Circuit Court, Second Judicial District; The judgment of the Bolivar County Circuit Court of conviction of aggravated assault and sentence of twelve years, with eight years suspended after having served four years, in the custody of the Mississippi Department of Corrections and restitution to victim of $15,240.70, is affirmed. Sentence to run consecutively to any and all sentences previously imposed. All costs of this appeal are assessed to Bolivar County.
Leslie D. King, J.
U
96-KA-00180-COA
Gregory, Tangula a/k/a "Tang" v. State of Mississippi
Appeal No. 10072 from Judgment dated DECEMBER 13, 1995, Attala County Circuit Court; The judgment of the Attala County Circuit Court of conviction on Counts I, II and III of sale of cocaine and sentences of twenty years on each count, with sentences to run concurrently with each other and consecutively to any previously imposed sentence, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant.
Leslie D. King, J.
U
96-CC-01009-COA
Marec Construction and International Business Benefits, Inc. v. Clarence Bryant
Appeal No. 950320 from Judgment dated AUGUST 16, 1996, Hancock County Circuit Court; The judgment of the Hancock County Circuit Court is affirmed. A fifteen percent statutory penalty and costs of this appeal are assessed to the appellants. Thomas, P.J., not participating.
James H. Herring, J.
UU
95-KA-00293-COA
Maye, Jack a/k/a Jackson May v. State of Mississippi
Appeal No. 3482 from Judgment dated FEBRUARY 10, 1995, Lawrence County Circuit Court; The judgment of the Circuit Court of Lawrence County of conviction of the sale of cocaine and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lawrence County. Southwick, J., concurs with separate written opinion joined by McMillin, P.J.
James H. Herring, J.
U
95-CC-00930-COA
Amserv and Commercial Union Insurance Company v. Edward E. Deason, Jr.
Appeal No. CI940227 from Judgment dated JULY 24, 1995, Jackson County Circuit Court; The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellants.
James H. Herring, J.
UUU
95-CA-01295-COA
Smith, Dempsey v. Bobbie Smith
Appeal No. 95187 from Judgment dated OCTOBER 30, 1995, Lincoln County Chancery Court; The judgment of the Chancery Court of Lincoln County as to separate maintenance is reversed and rendered, and the award of attorney's fees is affirmed. All costs of this appeal are to be divided between the parties. Southwick, J., concurs with separate written opinion joined by McMillin and Thomas, P.JJ., and Herring, J. Payne, J., dissents with separate written opinion joined by Coleman, Diaz, and King, JJ.
James H. Herring, J.
U
95-KA-01336-COA
Fullove, Linwood Lee a/k/a Lindwood Fullove v. State of Mississippi
Appeal No. 6787 from Judgment dated FEBRUARY 08, 1995, Grenada County Circuit Court; The judgment of the Circuit Court of Grenada County of conviction of rape and sentence of thirty-five years in the custody of the Misssissippi Department of Corrections is affirmed. Sentence shall run consecutively to any sentence previously imposed and shall not be reduced or suspended nor eligible for parole or probation. All costs of this appeal are taxed to Grenada County.
James H. Herring, J.
UU
96-CA-00079-COA
IN THE MATTER OF THE ESTATE OF STRONG, EMERSON, DECEASED: Roberta Thomas and Millie Strong v. Tracy Strong
Appeal No. 938967 from Judgment dated DECEMBER 20, 1995, DeSoto County Chancery Court; The judgment of the Chancery Court of DeSoto County is remanded for further proceedings consistent with this opinion. All costs of this appeal to be assessed to the appellee. McMillin, P.J., dissents with separate written opinion joined by Southwick, J.
James H. Herring, J.
U
96-KA-00327-COA
Bennette, Bobby Dan v. State of Mississippi
Appeal No. 4656 from Judgment dated FEBRUARY 19, 1996, Scott County Circuit Court; The judgment of the Circuit Court of Scott County of conviction of possession of cocaine and sentence of two years in the custody of the Mississippi Department of Corrections and fine of $2,000 is affirmed. All costs of this appeal are taxed to Scott County.
James H. Herring, J.
U
96-CC-00951-COA
Mississippi Employment Security Commission and Fitzgerlad's of Robinsonville v. Joe N. Tolliver
Appeal No. 251966 from Judgment dated JULY 31, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court for the First Judicial District of Hinds County is reversed and rendered. Payne, J., not participating.
B. Greg Hinkebein, J.
UU
96-CC-00437-COA
Mississippi Department of Public Safety v. Cecilia Kazery
Appeal No. 9376091 from judgment dated March 11, 1996; Hinds County Circuit Court; The judgment of the Hinds County Circuit Court is reversed and the decision of the Mississippi Employee Appeals Board is reinstated. Costs are assessed against the appellee. Payne, J., concurs with separate written opinion.
B. Greg Hinkebein, J.
U
94-KA-01064-COA
Thames, Ellison a/k/a Ellison L. Thames v. State of Mississippi
Appeal No. 4493 from Judgment dated OCTOBER 11, 1994, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of kidnapping and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed against the appellant.
B. Greg Hinkebein, J.
UU
95-CA-00695-COA
Chism, Melanie A., and her husband William T. Chism v. Harry Coley, III and the City of Leland, Mississippi, a Municipality
Appeal No. 950058 from Judgment dated MAY 31, 1995, Washington County Circuit Court; The judgment of the Circuit Court of Washington County is affirmed. Costs are taxed to appellants. Diaz, J., concurs with separate written opinion joined by Bridges, C.J., King and Payne, JJ. CONSOLIDATED WITH: 95-CA-00818-COA
B. Greg Hinkebein, J.
UU
95-KA-00743-COA
Fairconnetue, Matthew Drew v. State of Mississippi
Appeal No. 7954 from Judgment dated MARCH 23, 1995, Hancock County Circuit Court; The judgment of the Circuit Court of Hancock County of conviction of having carnal knowledge of a child under the age of fourteen years and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Hancock County. McMillin, P.J., concurs in part. Diaz, J., concurs in result only. Southwick, J., concurs with separate written opinion joined by McMillin, P.J., and Payne, J. Thomas, P.J., not participating.
B. Greg Hinkebein, J.
U
95-KA-00945-COA
Lambert, Woodie C. v. State of Mississippi
Appeal No. 1918 from Judgment dated SEPTEMBER 13, 1995, Walthall County Circuit Court; The judgment of the Walthall County Circuit Court is reversed and remanded for new trial. Costs of this appeal are assessed against Walthall County. Payne, J., not participating.
B. Greg Hinkebein, J.
U
95-KA-01179-COA
Horton, Joseph v. State of Mississippi
Appeal No. V4382 from Judgment dated JULY 28, 1995, Hinds County Circuit Court, Second Judicial District; The judgment of the Hinds County Circuit Court of conviction of murder on Counts I and II and sentence of life imprisonment on each count to run consecutively with one another is affirmed. All costs of this appeal are assessed to the appellant.
B. Greg Hinkebein, J.
U
96-KA-00251-COA
Carr, Ricky Lamar v. State of Mississippi
Appeal No. 24126 from Judgment dated JULY 25, 1995, Washington County Circuit Court; The judgment of the Washington County Circuit Court of conviction of the sale of cocaine and sentence of ten years without eligibility for parole or other reduction is affirmed. All costs are assessed to Washington County.
B. Greg Hinkebein, J.
U
96-CC-01070-COA
Head, Faye D. v. Packard Electric Division, General Motors Corporation
Appeal No. 95397 from Judgment dated AUGUST 28, 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.
Oliver E. Diaz, Jr., J.
U
95-CA-00334-COA
Hoda, Byron J. and Pamela K. Hoda v. Wal-Mart Stores, Inc. and Tilley Constructors and Engineers, Inc.
Appeal No. 9169208 from Judgment dated FEBRUARY 24, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessd to the appellant.
Oliver E. Diaz, Jr., J.
U
95-CA-00628-COA
Barrett & Company and Richard Barrett v. Jackson Paper
Appeal No. 95174 from Judgment dated MAY 09, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds Count Circuit Court is affirmed. Costs of this appeal are assessed to the appellants. CONSOLIDATED WITH: 95-CA-00858-COA
Oliver E. Diaz, Jr., J.
UU
95-KA-00994-COA
Doyle, Rickey Lynn, Jr. v. State of Mississippi
Appeal No. 7925 from Judgment dated APRIL 20, 1995, Hancock County Circuit Court; The judgment of the Circuit Court of Hancock County of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections, suspended upon successful completion of the RID Program, to pay restitution of $12,863, and five years probation is affirmed. Costs of this appeal are assessed to Hancock County. Southwick, J., concurs in result only. King, J., concurs in part and dissents in part with separate written opinion joined by McMillin, P.J., and Herring, J. Thomas, P.J., not participating.
Oliver E. Diaz, Jr., J.
U
95-KA-01137-COA
Richardson, Mark Curtis v. State of Mississippi
Appeal No. 1841 from Judgment dated OCTOBER 11, 1995, Stone County Circuit Court; The judgment of the Circuit Court of Stone County of conviction of possession of a controlled substance with intent to transfer or distribute and sentence of ten years in the custody of the Mississippi Department of Corrections with seven years suspended, three to serve and two years probation is affirmed. Costs of this appeal are assessed to appellant.
Oliver E. Diaz, Jr., J.
U
96-CC-00141-COA
Clinton, City of v. Mississippi Employment Security Commission and Lloyce F. Ainsworth
Appeal No. 95801 from Judgment dated JANUARY 02, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County affirming the Mississippi Employment Security Commission's grant of unemployment benefits is affirmed. Costs of this appeal are assessed to the City of Clinton.
Oliver E. Diaz, Jr., J.
U
96-CA-00873-COA
Burleson, Sheila v. Billy J. Logan, Individually and In His Official Capacity as Deputy Sheriff of Chickasaw County, Mississippi and James Simmons In His Official Capacity as Sheriff of Chickasaw County, Mississippi
Appeal No. H94083 from Judgment dated JULY 17, 1996, Chickasaw County Circuit Court, First Judicial District; The judgment of the Chickasaw County Circuit Court of summary judgment in favor of the defendants/appellees is affirmed. Costs of this appeal are assessed to appellant.
Thomas A. Coleman, J.
U
94-KA-00400-COA
Clay, David v. State of Mississippi
Appeal No. 8281 from Judgment dated MARCH 21, 1994, Neshoba County Circuit Court; The Neshoba County Circuit Court's judgment of the appellant's guilt of the crime of murder and its sentence to serve a term of life with the Mississippi Department of Corrections are affirmed. Costs of this appeal are assessed to the appellant.
Thomas A. Coleman, J.
U
95-KA-00721-COA
Doss, Jimmy a/k/a Jimmie Darryl Doss a/k/a J.D. v. State of Mississippi
Appeal No. 7075 from Judgment dated APRIL 13, 1995, Clay County Circuit Court; The judgment of the Circuit Court of Clay County of conviction of aggravated assault and its sentence of appellant to serve twenty years with the Mississippi Department of Corrections are affirmed. All costs of this appeal are taxed to Clay County.
Billy G. Bridges, C.J.
U
95-KA-01011-COA
Turner, Andre a/k/a Andre Gerald Turner v. State of Mississippi
Appeal No. 8886 from Judgment dated SEPTEMBER 28, 1995, Simpson County Circuit Court; The judgment of the Circuit Court of Simpson County of conviction of the transfer of cocaine and sentence of ten years in the custody of the Mississippi Department of Corrections which shall run consecutively with the ten year sentence imposed on the appellant in Simpson County Circuit Court Cause No. 8887 is affirmed. All costs of this appeal are assessed to the appellant.
Billy G. Bridges, C.J.
U
96-CA-00139-COA
Pigg, David R. v. Donald R. Johnson
Appeal No. 95165 from Judgment dated JANUARY 16, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court affirming the judgment of the Hinds County County Court is affirmed. Costs of this appeal assessed to appellant. Additionally, statutory damages are awarded to appellee in the amount of 15% pursuant to Miss. Code Ann. Section 11-3-23.
Billy G. Bridges, C.J.
U
96-CA-00286-COA
Sanders, Dennis, a/k/a Dennis Rousseau Sanders and Deborah Sanders v. Joyce Sanders Via
Appeal No. 950075 from Judgment dated JANUARY 13, 1996, Quitman County Chancery Court; The judgment of the Quitman County Chancery Court is affirmed. Costs of this appeal assessed against appellants.
Billy G. Bridges, C.J.
U
96-CA-00396-COA
IN THE MATTER OF THE ESTATE OF HENDERSON, CLARA JANE, DECEASED: Dale Milstead v. Viola Clifton, Executrix
Appeal No. 94633 from Judgment dated FEBRUARY 13, 1996, Lauderdale County Chancery Court; The judgment of the Lauderdale County Chancery Court divesting title of Dale Milstead is affirmed. The Chancellor's vesting title in the estate is reversed and title is vested instead in the heirs. Costs of this appeal assessed to appellant.
Billy G. Bridges, C.J.
U
96-KA-00455-COA
Pace, Stanley a/k/a Stanley Lee Pace v. State of Mississippi
Appeal No. 7538 from Judgment dated MARCH 21, 1996, Clarke County Circuit Court; The judgment of the Clarke County Circuit Court of conviction of the sale of cocaine and sentence of twelve years in the custody of the Mississippi Department of Corrections, fine of $1000 and restitution of $30 is affirmed. All costs of this appeal are taxed to Clarke County.
Billy G. Bridges, C.J.
U
96-CA-00610-COA
Millard, Mary Beth v. Gulfside Casino Partnership d/b/a Copa Casino
Appeal No. 9500135 from Judgment dated JANUARY 02, 1996, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court granting Copa Casino's motion for summary judgment is affirmed. Costs of this appeal assessed to appellant. Thomas, P.J., not participating
Billy G. Bridges, C.J.
97-CC-00325-COA
East Mississippi Construction, Inc., a Member of the BCAM Self-Insurers' Fund v. Bobby R. Payne
Appeal No. 96040 from Judgment dated JANUARY 28, 1997, Kemper County Circuit Court; Joint Motion to dismiss granted. All costs of appeal shall be taxed to the appellant. Order entered.
EN BANC
95-CA-00270-COA
Fayard Moving and Transportation Corporation, a Mississippi Corporation and E. E. Fayard, Individually v. C. M. Fayard and John R. Fayard, Sr.
Appeal No. 99224 from Judgment dated FEBRUARY 13, 1995, Harrison County Chancery Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Thomas, P.J., and Diaz, J., not participating.
EN BANC
95-CA-00331-COA
Magnolia Federal Bank for Savings and William F. Jones, Trustee v. I. Meade Hufford and Dianne P. Hufford
Appeal No. 36663 from Judgment dated MARCH 03, 1995, Adams County Chancery Court; J. Walter Brown DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., Not participating.
EN BANC
U
95-KA-00457-COA
Cooper, Terry a/k/a Terry Keith Cooper v. State of Mississippi
Appeal No. 9310459 from Judgment dated AUGUST 01, 1994, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court of possession of controlled substance with intent and sentence of twelve years in the custody of the Mississippi Department of Corrections and fine of $10,000 is affirmed. All costs of appeal are assessed to the appellant.
EN BANC
U
95-CA-00759-COA
THE LAST WILL AND TESTAMENT OF WARREN, BEULAH MAE, Deceased: Erlaice Gresham v. Bonnie Mae Warren
Appeal No. 940003 from Judgment dated JUNE 26, 1995, Tishomingo County Chancery Court; The judgment of the Chancery Court of Tishomingo County is affirmed. All costs of this appeal are assessed to the appellant.
EN BANC
95-CA-00837-COA
Wallace, Dalton and wife, Bobby Carney Wallace, Dezzie Wallace, Glenda Rutland and Gennell Nelson v. Ladon Wallace and wife, Dutha Wallace
Appeal No. 13502 from Judgment dated MARCH 10, 1995, Lawrence County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered.
EN BANC
95-KA-00964-COA
McClenton, Marriow v. State of Mississippi
Appeal No. 8760 from Judgment dated AUGUST 23, 1995, Coahoma County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.
EN BANC
UU
95-KA-01050-COA
Barnes, Mark a/k/a Mark D. Barnes v. State of Mississippi
Appeal No. 2185 from Judgment dated SEPTEMBER 22, 1995, Walthall County Circuit Court; The judgment and conviction of the Walthall County Circuit Court and sentence to twenty-five years with last eight years suspended for five years probation for armed robbery and five years for conspiracy to commit armed robbery, to run concurrently with previous sentence in the custody of the Mississippi Department of Corrections, and payment of $1,000 to the Victim Compensation Fund is affirmed. All costs of this appeal are taxed to the appellant. Southwick, J., Bridges, C.J., McMillin, P.J., Diaz, Hinkebein and Payne, JJ., concur. King, J., concurs in result only. Herring, J., dissents with separate written opinion joined by Thomas, P.J., and Coleman, J.
EN BANC
UU
95-KA-01078-COA
Ford, Roy Lee v. State of Mississippi
Appeal No. CR94112 from Judgment dated OCTOBER 16, 1995, Panola County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Panola County of conviction on Count II of sale of a controlled substance and sentence of twenty (20) years and suspended fine of $1,000; Count III of possession of a controlled substance with intent to distribute and sentence of twenty (20) years and suspended fine of $1,000, the twenty (20) years for Count III suspended and the sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. The costs of this appeal are assessed to Panola County. McMillin, P.J., Bridges, C.J., Herring, Hinkebein, Payne, and Southwick, JJ., concur. Diaz, J., dissents with separate written opinion joined by Thomas, P.J., Coleman, and King, JJ.
EN BANC
UU
95-KA-01107-COA
Lofton, Christopher B. v. State of Mississippi
Appeal No. 4655 from Judgment dated OCTOBER 13, 1995, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of possession of cocaine and sentence of two (2) years in the custody of the Mississippi Department of Corrections and to pay fine of $1,000 is affirmed. All costs are taxed to Scott County. Thomas, P.J., McMillin, P.J., Herring, Hinkebein, Payne, and Southwick, JJ., concur. King, J., dissents with separate written opinion joined by Bridges, C.J., Coleman and Diaz, JJ.
EN BANC
95-KA-01263-COA
Thompson, Cedric a/k/a Cedric Conrad Thompson a/k/a Johnny Lee Thompson v. State of Mississippi
Appeal No. 951218 from Judgment dated OCTOBER 18, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.
EN BANC
95-KA-01265-COA
Johnson, Otis v. State of Mississippi
Appeal No. 9852 from Judgment dated OCTOBER 23, 1995, Holmes County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.
EN BANC
95-KA-01357-COA
Jones, James Marvin, Jr. a/k/a James Jones, Jr. v. State of Mississippi
Appeal No. CR940006 from Judgment dated AUGUST 16, 1995, Panola County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.
EN BANC
U
96-KA-00027-COA
Metcalf, Calvin a/k/a Calvin L. Metcalf v. State of Mississippi
Appeal No. 22780 from Judgment dated DECEMBER 19, 1995, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County of possession of a firearm by a convicted felon and sentence of three years, with one year suspended in the custody of the Mississippi Department of Corrections is affirmed. All costs of appeal are assessed to the appellant.
EN BANC
U
96-CA-00032-COA
Joiner, Sandra v. Rush Foundation Hospital
Appeal No. 95803 from Judgment dated DECEMBER 20, 1995, Lauderdale County Chancery Court; Motion for rehearing denied. The original opinion is reaffirmed and the issues raised in the motion for rehearing are addressed in an added section and this opinion substituted. The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are taxed to appellant.
EN BANC
U
96-KA-00397-COA
McDougle, Michael a/k/a Michael W. McDougle v. State of Mississippi
Appeal No. 8385 from Judgment dated MARCH 18, 1996, Neshoba County Circuit Court; The judgment of the Circuit Court of Neshoba County of conviction of sale of cocaine as a second offender and sentence of thirty-five years with the Mississippi Department of Corrections and pay a fine of $10,000 is affirmed. All costs of appeal are assessed to Neshoba County.
EN BANC
U
96-KA-00421-COA
Stark, Jason a/k/a Jason Richard Stark v. State of Mississippi
Appeal No. 6922 from Judgment dated APRIL 10, 1996, Clay County Circuit Court; The judgment of the Circuit Court of Clay County of conviction on both Counts I and II of aggravated assault and sentences of twenty years each to be served consecutively in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Clay County.
EN BANC
U
96-CA-00492-COA
Durham, Jesse and Beverly, Individually and on Behalf of Their Minor Child, Christie Durham v. Benton E. Hewitt, M. D.
Appeal No. 4734 from Judgment dated APRIL 12, 1996, Pike County Circuit Court; The judgment of the Circuit Court of Pike County is affirmed. Costs of appeal are assessed to the appellants.
EN BANC
U
96-KA-00609-COA
Hall, Warren "BoBo" v. State of Mississippi
Appeal No. 4608 from Judgment dated MARCH 04, 1996, Wilkinson County Circuit Court; The judgment of the Circuit Court of Wilkinson County of conviction of sale of cocaine and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Wilkinson County.
EN BANC
U
96-KA-00700-COA
Shotwell, Michael a/k/a Michael Anthony Shotwell v. State of Mississippi
Appeal No. 6907 from Judgment dated JULY 16, 1993, Clay County Circuit Court; The judgment of the Circuit Court of Clay County of conviction of possession of cocaine with intent to distribute and enhanced sentence as a habitual offender to serve a term of sixty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Clay County. DISPOSITION - Motion to file supplemental brief denied. Order entered.
EN BANC
U
96-KA-01081-COA
Tucker, Jimmy a/k/a Jimmy Howard Tucker v. State of Mississippi
Appeal No. 952164 from Judgment dated SEPTEMBER 26, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of burglary of a dwelling and sentence as a habitual offender to ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County.
EN BANC
U
96-CC-01191-COA
Bell, Willie, Jr. v. Mississippi Employment Security Commission
Appeal No. 94868 from Judgment dated SEPTEMBER 23, 1996, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant.
PER CURIAM
94-CA-00274-COA
Joslin, Dennis v. City of Picayune and Sunburst Bank
Appeal No. 27669D from Judgment dated JANUARY 26, 1994, Pearl River County Chancery Court; DISPOSITION - Motion for additional time to file motion for rehearing and petition for writ of certiorari granted. Appellant shall file his motion for rehearing on or before December 10, 1997. Order entered.
PER CURIAM
95-KA-00358-COA
Washington, Roosevelt v. State of Mississippi
Appeal No. 11517 from Judgment dated FEBRUARY 03, 1995, Lincoln County Circuit Court; DISPOSITION - Appellant's pro se motion to file out-of-time motion for rehearing and for appointment of counsel denied. Order entered.
PER CURIAM
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; DISPOSITION - Motion for leave to file amended complaint dismissed as moot. Order entered.
PER CURIAM
95-KA-00832-COA
Riddle, Julius a/k/a Julius Andrew Riddle v. State of Mississippi
Appeal No. 8347 from Judgment dated JULY 18, 1995, Neshoba County Circuit Court; DISPOSITION - Letter request for additional time to file motion for rehearing granted. Appellant shall file his motion for rehearing on or before January 5, 1998. Order entered.
PER CURIAM
96-KA-00748-COA
Winston, Derrick and Andrew Winston v. State of Mississippi
Appeal No. 8298 from Judgment dated JUNE 07, 1996, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Motion for bond pending appeal denied. Order entered.
PER CURIAM
96-KA-00827-COA
Stewart, Christopher a/k/a Christopher Tyrone Stewart a/k/a "T.Y." v. State of Mississippi
Appeal No. 4529 from Judgment dated JULY 02, 1996, Humphreys County Circuit Court; DISPOSITION - Motion for appeal bond denied. Order entered.
PER CURIAM
96-CC-00924 COA
Warren, Eleanor Ann v. Ellisville State School
Appeal No. 94713 from judgment dated July 15, 1996, Jones County Circuit Court; DISPOSITION - Motion for postponement of oral argument granted. Case to be submitted on briefs. Order entered.
PER CURIAM
97-CA-00316-COA
Prince, Charles R. and wife, Rosa Prince; Allie Lue Edwards; Mary H. Yarbrough; Vinolae L. Whitehead; and Willie T. Lampkin v. Edward S. Ballard and Henry B. Hudspeth, jointly and severally, and City of Louisville, Mississippi
Appeal No. 14898 from Judgment dated FEBRUARY 05, 1997, Winston County Chancery Court; DISPOSITION - Motion for oral argument granted to the extent the Court will consider the request under M.R.A.P. 34(b). Order entered.