12/16/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2002-KA-00799-COA

Todd Randall Trower v. State of Mississippi; Jackson Circuit Court; LC Case #: 98-10,708(1); Ruling Date: 07/26/2001; Ruling Judge: James Backstrom; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Jackson County is reversed and remanded for a new trial. All costs of this appeal are assessed to Jackson County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

The University of Southern Mississippi and Mississippi Institutions of Higher Learning, Self-Insured v. Dawn P. Gillis; Forrest Circuit Court; LC Case #: CI99-0130; Ruling Date: 11/18/2002; Ruling Judge: Richard McKenzie; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Forrest County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

James Franklin Putnam v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-00-00492; Ruling Date: 08/29/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Harrison County denying post-conviction relief is affirmed. Costs of this appeal are assessed to Harrison County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Johnny Lee Brown v. State of Mississippi; Scott Circuit Court; LC Case #: 02-CR-074-SC-G; Ruling Date: 10/10/2002; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of burglary of a dwelling house and sentence of twenty-two years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Scott County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Melvis Minor v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0124-CR; Ruling Date: 02/08/2002; Ruling Judge: John Montgomery; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of sale of cocaine and sentence of eight years in the custody of the Mississippi Department of Corrections with five years' post-release supervision and fine of $5,000 is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Ricky King v. American RV Centers, Inc. (American RV Mississippi, Inc.), Spartan Motor Chassis, Inc. and Forest River, Inc.; Alcorn Circuit Court; LC Case #: 2001-100R-A; Ruling Date: 07/23/2002; Ruling Judge: Paul Funderburk; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Alcorn County is reversed, the appellant's lawsuit reinstated, and the case remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Randy Thomas v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2002-96; Ruling Date: 04/12/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, J. Disposition: The judgment of the Jefferson County Circuit Court denying post-conviction relief is affirmed. Costs of this appeal are assessed to Jefferson County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Jettie McCary, Lillie Fulwiley, and John Isonhood v. Chris Wade and Wade Land Management, Inc.; Leake Circuit Court; LC Case #: 00-CV-207-LE; Ruling Date: 05/13/2002; Ruling Judge: V. Cotten; Majority Opinion: Lee, J. Disposition: The judgment of the Leake County Circuit Court is affirmed. Costs of this appeal are taxed to the appellants. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas and Myers, JJ., concur. King, P.J., Irving and Chandler, JJ., concur in result only. Griffis, J., not participating.

Dennis Durant Graham a/k/a Dennis D. Graham v. State of Mississippi; Pike Circuit Court; LC Case #: 01-444-KA-1; Ruling Date: 07/01/2002; Ruling Judge: Keith Starrett; Majority Opinion: Lee, J. Disposition: The judgment of the Pike County Circuit Court of convictions of Count I, armed robbery and sentence of life imprisonment; Count II, aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections, said sentences to run concurrently and to pay full restitution, is affirmed. Costs of this appeal are assessed to Pike County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Mississippi Department of Marine Resources v. Sydney Brown and Stephanna Brown; Jackson Chancery Court; LC Case #: 2000-2337(GB); Ruling Date: 06/11/2002; Ruling Judge: Glenn Barlow; Majority Opinion: Lee, J. Disposition: The judgment of the Jackson County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., Southwick, P.J., Thomas, Irving, Myers, Chandler and Griffis, JJ., concur. Dissenting Opinion: King, P.J. Votes: Bridges, J., joins this opinion.

James (Jim) Walter Scrivener v. Lula Fay K. Johnson and Jimmy Carl Johnson; Oktibbeha Chancery Court; LC Case #: 00-0330; Ruling Date: 07/02/2002; Ruling Judge: James Gore; Majority Opinion: Lee, J. Disposition: The judgment of the Chancery Court of Oktibbeha County is affirmed. Costs of this appeal are taxed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Ulysses Bownes a/k/a Ulysses Bowens v. State of Mississippi; Marshall Circuit Court; LC Case #: MK 00-124; Ruling Date: 02/25/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Lee, J. Disposition: The judgment of the Marshall County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Cheryl Van Zant Wallmark v. Val J. Wallmark; Hinds Chancery Court 2nd District; LC Case #: G-2000-57 S/2; Ruling Date: 06/11/2002; Ruling Judge: William Singletary; Majority Opinion: Lee, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. Costs of this appeal are taxed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Tamika Shante Reed v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0020CR; Ruling Date: 07/17/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Thomas, J. Disposition: The judgment of the Copiah County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Copiah County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

William D. Battaya v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV00-211(B)A; Ruling Date: 08/01/2002; Ruling Judge: Richard Bowen; Majority Opinion: Thomas, J. Disposition: The judgment of the Alcorn County Circuit Court denying the petition for post-conviction relief is affirmed. Costs of this appeal are assessed to Alcorn County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Braydon Cole Stigall v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-264-MS; Ruling Date: 02/22/2002; Ruling Judge: Mike Smith; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of possession of at least 238 dosage units of Diazepam with intent to distribute and sentence of twenty years in the custody of the Mississippi Department of Corrections and fine of $25,000 is affirmed. Sentence of ten years' post-release supervision, the first five reporting and the last five non-reporting is reversed and remanded for entry of proper sentencing order. Costs of this appeal are assessed to Lincoln County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Craig Roby v. State of Mississippi; Attala Circuit Court; LC Case #: 2002-0171-CV-M; Ruling Date: 02/24/2003; Ruling Judge: C. Morgan, III; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Attala County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Attala County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Walter Theodore Moen v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,493(1); Ruling Date: 05/17/2002; Ruling Judge: James Backstrom; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of unlawful photographing or filming of another and sentence of five years in the custody of the Mississippi Department of Corrections with four years suspended and one year to serve is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Terry Abram a/k/a Terry Abrams v. State of Mississippi; Marion Circuit Court; LC Case #: K02-0119P; Ruling Date: 09/06/2002; Ruling Judge: R. Prichard, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Marion County Circuit Court of conviction of Count II simple assault on a police officer and sentence of five years in the custody of the Mississippi Department of Corrections, with sentence to run consecutively to any other sentence, and pay past-due fines of $1,735.50 to City of Columbia is affirmed. All costs are assessed to Marion County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Nathaniel Burnett v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0023-CR; Ruling Date: 10/23/2002; Ruling Judge: Lee Howard; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of possession of cocaine and sentence of six years in the custody of the Mississippi Department of Corrections and fine of $2,500 is affirmed. Costs of this appeal are assessed to Oktibbeha County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Timothy Ward v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-0200051; Ruling Date: 12/06/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Harrison County Circuit Court denying post-conviction relief is affirmed. All costs of the appeal are assessed to Harrison County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Byrd Brothers, LLC v. Bobby Herring d/b/a Herring Electrical and Plumbing; Lafayette Circuit Court; LC Case #: L00-340; Ruling Date: 07/02/2002; Ruling Judge: Henry Lackey; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Lafayette County is reversed and this case is remanded for a new trial. All costs are taxed to the appellee. Votes: McMillin, C.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., not participating.

Pamela Hobson, Individually and as Administratrix of the Estate of Charles Hobson, Deceased v. Waggoner Engineering, Inc. and National Seal Company; Scott Circuit Court; LC Case #: 96-0063; Ruling Date: 04/16/2001; Ruling Judge: V. Cotten; Disposition: Upon consideration of the appellant's motion for rehearing and the appellee's response to the motion, the motion for rehearing is denied.

Obbie Bernard Murphy v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-00-00054; Ruling Date: 07/26/2001; Ruling Judge: Kosta Vlahos; Majority Opinion: Bridges, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion substituted therefor. The judgment of the Harrison County Circuit Court of conviction on Count I of robbery and sentence of fifteen years; Count II of carjacking and sentence of fifteen years; Count III of attempted carjacking and sentence of fifteen years; and Count IV of kidnaping and sentence of thirty years as an habitual offender all in the custody of the Mississippi Department of Corrections is affirmed. Sentences for Counts I, II, and III are to run consecutively with each other and Count IV is to run concurrently with Counts I, II, and III. All costs of this appeal are taxed to Harrison County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Motion for rehearing filed by the appellant is denied.

Eric Shawn Davis v. State of Mississippi; Adams Circuit Court; LC Case #: 00-KR-0167-S; Ruling Date: 01/18/2001; Ruling Judge: Lillie Sanders; Disposition: Appellant's motion for rehearing denied.

Demetra P. Myers v. Mark E. Myers; Bolivar Chancery Court 2nd District; LC Case #: 2000-0186; Ruling Date: 02/18/2002; Ruling Judge: William Willard, Jr.; Majority Opinion: Chandler, J. Disposition: The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Chancery Court of Bolivar County is reversed and remanded for proceedings consistent with this opinion on direct appeal and affirmed on cross-appeal. All costs of this appeal are assessed to the appellant. Votes: King, P.J., Bridges, Lee and Griffis, JJ., concur. Irving, J., concurs in result only. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Thomas and Myers, JJ., join this opinion. Motion for rehearing filed by the appellee is denied. Southwick, P.J., would grant.

James Joseph Broderick v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 171-01; Ruling Date: 03/29/2002; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing denied.

Kenneth Bernard Webb v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0375; Ruling Date: 04/12/2002; Ruling Judge: Samac Richardson; Disposition: Appellant's motion for rehearing denied. Irving, J., would grant.

Sue Carol Tynes v. Ronald Price Tynes; Forrest Chancery Court; LC Case #: 00-0804-D; Ruling Date: 05/18/2002; Ruling Judge: Sebe Dale, Jr.; Disposition: Motion for Statutory Penalties on Judgment granted to the appellee. Order entered.

Lowell E. Fountain v. Adrianne Fountain; Harrison Chancery Court 2nd District; LC Case #: 2402-92-904; Ruling Date: 03/15/2001; Ruling Judge: Margaret Alfonso; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Harrison County as to modification of visitation schedule and award of attorney fees is affirmed and as to child support modification is reversed and remanded for further proceedings consistent with this opinion. Costs of this appeal are assessed two-thirds to the appellant and one-third to the appellee. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Myers and Chandler, JJ., Concur. Griffis, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Southwick, P.J.. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Southwick, P.J., Joins This Opinion.

Gloria Partlow, Personal Representative of The Heirs of The Estate of Sonya L. Partlow, Deceased v. Rickey McDonald; Lee Circuit Court; LC Case #: 98-231(G)(L); Ruling Date: 05/01/2002; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's motion for rehearing denied. King, P.J., and Irving, J., would grant.

Paula L. Johnson v. Richard E. Johnson; Wayne Chancery Court; LC Case #: 2000-294; Ruling Date: 08/22/2002; Ruling Judge: Sarah Springer; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Wayne County is reversed and remanded. Costs of the appeal are assessed to the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Irving and Chandler, JJ., concur Concurring in Part and Dissenting in Part Opinion: Bridges, J. Concurring in Part and Dissenting in Part Opinion: Myers, J. Votes: Lee, J., joins this opinion.

Clarice Woolbright Baker v. Norman Kenneth Baker; Rankin Chancery Court; LC Case #: 44,057; Ruling Date: 09/23/2002; Ruling Judge: Thomas Zebert; Disposition: Appellant's motion for rehearing denied. Southwick, P.J., would grant.

William Dwayne Salter v. State of Mississippi; George Circuit Court; LC Case #: 2002-0077(2)(3); Ruling Date: 10/26/2002; Ruling Judge: Dale Harkey; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of George County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges, Lee, Irving, Myers and Griffis, JJ., concur. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., King, P.J. and Chandler, J., join this opinion.