Hand Down Lists
December 17, 1996
John J. Fraiser, Jr., C.J.
96-CA-00328-COA
Millsap, John David v. Kenneth Skiffer, Willie Catchings, John Booth, Sgt. Jordon and Steve Puckett, Commissioner of Corrections Department
Appeal No. 9638 from Judgment dated MARCH 01, 1996, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court is affirmed. Costs are assessed to Rankin County. Bridges, P.J., not participating.
EN BANC
94-KA-00991-COA
Love, Stella Marie v. State of Mississippi
Appeal No. 7457 from Judgment dated AUGUST 31, 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 is affirmed. Costs are assessed to the appellant.
EN BANC
94-KP-00933-COA
Hicks, Daryl Van v. State of Mississippi
Appeal No. 13094 from Judgment dated AUGUST 18, 1994, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of simple assault on a law enforcement officer and sentence of life imprisonment in the custody of the Mississippi Department of Corrections as a habitual offender is hereby affirmed. All costs of this appeal are taxed to Lauderdale County.
Leslie D. King, J.
94-CA-00487-COA
Blossman Gas, Inc v. Mary V. Miller
Appeal No. 9273400 from Judgment dated APRIL 21, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motions to dismiss appeal and cross appeal and to dismiss rehearing are granted. Order entered.
Leslie H. Southwick, J.
94-CA-00196-COA
Hurst, Geraldine, Executrix for the Estate of Josie Connerly; Geraldine Hurst and Kenneth Hurst v. Southwest Mississippi Legal Services Corporation and Hilda Burnett Baker
Appeal No. 4389 from Judgment dated NOVEMBER 01, 1993, Pike County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.
Billy G. Bridges, P. J.
93-CA-00974-COA
Walker, Daniel Loran v. Susan Lynn Golden Walker
Appeal No. 9966 from Judgment dated APRIL 14, 1993, Webster County Chancery Court; The judgment of the Chancery Court of Webster County is reversed and rendered in part and affirmed in part. The costs of this appeal are to be divided equally between the parties. Bridges, P.J., Fraiser, C.J, Barber, Coleman, Diaz, King, McMillin, Payne and Southwick, JJ., concur. Bridges, P.J., dissents to Issue III joined by Thomas, P.J. Appellee's Motion for attorney's fees denied. Order entered.
James E. Thomas, P.J.
93-KA-00778-COA
Reaves, Charles Patrick v. State of Mississippi
Appeal No. 92115 from Judgment dated MAY 07, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered.
Thomas A. Coleman, J.
93-CA-00219-COA
Bates, Elizabeth a/k/a Onie E. Bates, and Bobby C. Taylor v. Lexington Insurance Company
Appeal No. 916870 from Judgment dated DECEMBER 09, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. DISPOSITION - Appellants' Motion for suspension of Mississippi Rule of Appellate Procedure 47 denied. Order entered. Thomas, P.J., not participating.
Leslie H. Southwick, J.
92-KA-01204-COA
Rowe, James v. State of Mississippi
Appeal No. 2722 from Judgment dated OCTOBER 22, 1992, Tunica County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.
John J. Fraiser, Jr., C.J.
96-CA-00358-COA
Hobson, Lisa Ann Philippino v. Randy Lamar Hobson
Appeal No. 37133 from Judgment dated MARCH 05, 1996, Rankin County Chancery Court; The judgment of the Rankin County Chancery Court modifying the final judgment of divorce to transfer custody of the two minor children from Lisa Hobson to Randy Hobson is affirmed. Costs of appeal are taxed to appellant.
EN BANC
94-KA-01068-COA
Davis, Willie L. v. State of Mississippi
Appeal No. 8461 from Judgment dated AUGUST 18, 1994, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of obtaining a controlled substance by misrepresentation and sentence of ten (10) years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. Costs are assessed against Coahoma County.
John J. Fraiser, Jr., C.J.
95-KA-01298-COA
Nash, Stanley v. State of Mississippi
Appeal No. 4442 from Judgment dated APRIL 14, 1992, Newton County Circuit Court; The judgment of the Newton County Circuit Court of conviction of grand larceny and his sentence of five years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Costs are taxed to Newton County.
John J. Fraiser, Jr., C.J.
95-KA-00662-COA
Wells, Mack C. v. State of Mississippi
Appeal No. 4584 from Judgment dated JUNE 15, 1995, Scott County Circuit Court; The judgment of the Scott County Circuit Court of aggravated assault and sentence of life imprisonment as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed. Costs are taxed to Scott County.
John J. Fraiser, Jr., C.J.
93-KA-00891-COA
Hale, Elton Harold v. State of Mississippi
Appeal No. 9313 from Judgment dated JULY 22, 1993, DeSoto County Circuit Court; The DeSoto County Circuit Court's judgment of conviction of embezzlement is reversed and rendered and defendant is discharged. Costs of this appeal are taxed to DeSoto County.
Billy G. Bridges, P. J.
95-CA-01318-COA
Nail, Jr., Edwin Mack v. Vicky Aileen (Tackett) Nail McCullum
Appeal No. 915157 from Judgment dated NOVEMBER 16, 1995, Grenada County Chancery Court; The order of the Grenada County Chancery Court dismissing without prejudice the petition for modification of custody is hereby affirmed. All costs of this appeal are assessed to the appellant.
Billy G. Bridges, P. J.
95-KA-01125-COA
Thomas, Joe Mitchell v. State of Mississippi
Appeal No. 950116 from Judgment dated JULY 20, 1995, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court of conviction of burglary of a dwelling and sentence of ten years as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed with all costs to be taxed to Sunflower County.
Billy G. Bridges, P. J.
95-KA-01080-COA
Lynch, Michael a/k/a Michael Lee Lynch v. State of Mississippi
Appeal No. 8699 from Judgment dated SEPTEMBER 29, 1995, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of aggravated assault and sentence of twelve years in the custody of the Mississippi Department of Corrections, with said sentence to run consecutively to any and all sentences previously imposed, is hereby affirmed. All costs of this appeal are taxed to Coahoma County.
Billy G. Bridges, P. J.
95-KA-00369-COA
Malone, Rico D. v. State of Mississippi
Appeal No. 8582 from Judgment dated JANUARY 18, 1995, Coahoma County Circuit Court; The judgment of the Coahoma Couty Circuit Court on Count I of murder and sentence of life imprisonment consecutive to any and all previously imposed sentences; Count II of aggravated assault and sentence of twenty years to run consecutively to Count I; Count III of aggravated assault and sentence of three years to be served concurrently with sentence in Count II, but consecutively with the life sentence in Count I, all to be served in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Coahoma County.
Billy G. Bridges, P. J.
94-KA-01151-COA
Williams, Anthony a/k/a Anthony Demon Williams v. State of Mississippi
Appeal No. 8969 from Judgment dated SEPTEMBER 08, 1994, Jones County Circuit Court, Second Judicial District; The judgment of the Jones County Circuit Court of conviction of murder and sentence to a term of life imprisonment in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs os this appeal are taxed to Jones County.
Billy G. Bridges, P. J.
94-KA-00271-COA
Barrett, Billy Ray v. State of Mississippi
Appeal No. 7395 from Judgment dated DECEMBER 15, 1993, Clarke County Circuit Court; The judgment of the Circuit Court of Clarke County of conviction on Counts I, II and III of uttering a forgery and sentenced as a habitual offender to fifteen (15) years on each count, with sentences in Counts I and II to be served consecutively and sentence in Count III to be served concurrently with sentences in Counts I and II, is affirmed. All costs of this appeal are assessed to Clarke County.
Thomas A. Coleman, J.
93-KA-00529-COA
Stewart, Bessie, Eugene Stewart, Sr. and Kelly Stewart v. State of Mississippi
Appeal No. 4704 from Judgment dated APRIL 27, 1993, Humphreys County Circuit Court; The Humphreys County Circuit Court's judgment of Eugene Stewart, Sr.'s guilt of aggravated assault on a law enforcement officer acting within the scope of his duty and its sentence to serve a term of eight years in the custody of the Mississippi Department of Corrections and to pay a fine of $1,000 are affirmed. The Humphreys County Circuit Court's judgment of Eugene Stewart, Sr.'s guilt of robbery and its sentence to serve a term of five years in the custody of the Mississippi Department of Corrections which sentence is to run concurrently with the sentence of eight years for aggravated assault on a law enforcement officer acting within the scope of his duty are affirmed. The Humphreys County Circuit Court's judgment of of Kelly Stewart's guilt of simple assault on a law enforcement officer acting within the scope of his duty and its sentence to serve a term of two years in the custody of the Mississippi Department of Corrections with the last year suspended are affirmed. The Humphreys County Circuit Court's judgment of Bessie Stewart's guilt of simple assault on a law enforcement officer acting within the scope of his duty and its sentence to serve a term of one year suspended but placed on supervised probation for one year, to pay a fine of $500 are affirmed. Costs are assessed to the appellants. King, J., not participating.
Thomas A. Coleman, J.
93-KA-00234-COA
O'Quinn, Dwayne v. State of Mississippi
Appeal No. 4760P from Judgment dated JANUARY 14, 1993, Claiborne County Circuit Court; The Claiborne County Circuit Court judgment of appellant's guilt of murder and its sentence of appellant to serve a term of life in the custody of the Mississippi Department of Corrections are affirmed. Costs are assessed to appellant.
EN BANC
95-KA-01148-COA
Watts, Edith v. State of Mississippi
Appeal No. 7543 from Judgment dated JUNE 29, 1995, Clarke County Circuit Court; The judgment of conviction in the Clarke County Circuit Court of delivery of cocaine and sentence of sixty (60) years in the custody of the Mississippi Department of Corrections as a habitual offender without the possibility of parole and payment of $10,000 fine is affirmed. Costs of this appeal are taxed to the appellant.
PER CURIAM
95-KP-01057-COA
Higgins, Patrick v. State of Mississippi
Appeal No. M950115 from Judgment dated SEPTEMBER 25, 1995, Sunflower County Circuit Court; DISPOSITION - Appellant's motion to supplement denied. Order entered.
James E. Thomas, P.J.
94-KA-01137-COA
Brooks, Derrick a/k/a Derrick Lavonia Brooks v. State of Mississippi
Appeal No. 23727 from Judgment dated JULY 25, 1994, Washington County Circuit Court; DISPOSITION - State's Motion to Correct Opinion denied. Order entered.
Oliver E. Diaz, Jr., J.
93-CA-00967-COA
Wells, Harvey R. v. Eugene E. Taylor, M. D.
Appeal No. 6786 from Judgment dated JULY 26, 1993, Adams County Circuit Court; DISPOSITION - Appellee's motion for additional time within which to respond to the motion for rehearing granted. Response is due December 11, 1996. Order entered. Appellee's motion for suspension of M.R.A.P. 47 granted. Order entered.
James E. Thomas, P.J.
92-CA-01266-COA
Trilogy Communications, Inc. v. Thomas Truck Lease, Inc.
Appeal No. 18600 from Judgment dated AUGUST 05, 1992, Lowndes County Circuit Court; DISPOSITION - On court's own motion this matter was remanded for a hearing on attorney's fees. This court has received Order Certifying Attorney's Fees from the lower court and no further action is required. Order entered.
EN BANC
96-KA-00469-COA
Hamilton, Barbara Ann a/k/a "Bull Eye" v. State of Mississippi
Appeal No. CR95169 from Judgment dated MARCH 28, 1996, Panola County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Panola County of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections with seven years suspended is affirmed. Costs are assessed to Panola County.
EN BANC
95-KA-01359-COA
Smith, Steve a/k/a Steven Craig Smith v. State of Mississippi
Appeal No. 8751 from Judgment dated AUGUST 23, 1995, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of burglary and sentence of five years in the custody of the Mississippi Department of Corrections with sentence to run consecutively to any and all sentences previously imposed, and to pay restitution in the amount of $300 is affirmed. All costs of this appeal are taxed to Coahoma County.
EN BANC
95-KA-01252-COA
Mitchell, Jimmy a/k/a Jamiil Abdul Ali a/k/a Jamil Abdul Ali v. State of Mississippi
Appeal No. LK94038 from Judgment dated OCTOBER 18, 1995, Lafayette County Circuit Court; The judgment of the Circuit Court of Lafayette County of conviction of Count I: aggravated assault and sentence of twenty (20) years; Count II; aggravated assault and sentence of twenty (20) years, and Count III: sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, with each count to run consecutive to each count and Cause #LK93-218 is affirmed. Costs are assessed against Lafayette County.
EN BANC
95-CA-00924-COA
Jones, Charles O., Trustee, and H. J. Ray v. H. J. Ray v. Edna B. Skelton
Appeal No. 155093 from Judgment dated AUGUST 24, 1995, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of the First Judicial District of Hinds County is affirmed. Costs of this appeal are taxed to the appellants.
EN BANC
95-KA-00760-COA
Matthews, Charles v. State of Mississippi
Appeal No. MK95032 from Judgment dated MAY 23, 1995, Marshall County Circuit Court; The judgment of the Circuit Court of Marshall County of conviction of burglary of a dwelling and sentence of ten years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are taxed to Marshall County.
EN BANC
94-KA-01206-COA
Graham, Mike a/k/a Michael Alexander Graham v. State of Mississippi
Appeal No. 8313 from Judgment dated NOVEMBER 21, 1994, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court of conviction of sale of cocaine and sentence of eight years in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to the appellant.
EN BANC
95-KA-00891-COA
Byrd, Prentiss a/k/a Prentiss W. Byrd v. State of Mississippi
Appeal No. 954036 from Judgment dated JULY 27, 1995, George County Circuit Court; The judgment of the George County Circuit Court of conviction of felony driving under the influence third offense and sentence of four years in the custody of the Mississippi Department of Corrections with two and one-half years suspended on condition appellant complete three years probation is hereby affirmed. All costs of this appeal are taxed to the appellant.
EN BANC
95-KA-00833-COA
Hill, Terry v. State of Mississippi
Appeal No. 7175 from Judgment dated JULY 12, 1995, Clay County Circuit Court; The judgment of conviction of the Circuit Court of Clay County of the sale of a controlled substance and sentence of 20 years in the custody of the Mississippi Department of Corrections, to run concurrently with previous sentence with the payment of a fine in the amount of Ten Thousand Dollars ($10,000.00) is affirmed. Costs of this appeal are taxed to Tate County.
EN BANC
95-KA-00660-COA
Monteagudo, Julio v. State of Mississippi
Appeal No. 4630 from Judgment dated JUNE 19, 1995, Scott County Circuit Court; The judgment of conviction of the Scott County Circuit Court for possession of more than one ounce of marijuana and sentence to three years in the custody of the Mississippi Department of Corrections and fine of $3,000 is affirmed. Costs of this appeal are assessed to Scott County.
EN BANC
95-KA-00645-COA
Gibson, Randy a/k/a Terrence Randy Griffin v. State of Mississippi
Appeal No. 8313 from Judgment dated MARCH 20, 1995, Neshoba County Circuit Court; The judgment of conviction of the Circuit Court of Neshoba County of sale of cocaine and sentence of eight years in the custody of the Mississippi Department of Corrections and to pay a fine of $10,000 is affirmed. Costs of this appeal are taxed to Neshoba County.
EN BANC
95-KA-00532-COA
Lowery, T. L. v. State of Mississippi
Appeal No. 13153 from Judgment dated APRIL 21, 1995, Oktibbeha County Circuit Court; The judgment of possession of a firearm by a previously convicted felon in the Circuit Court of Oktibbeha County and sentence as a habitual offender to serve 3 years in the custody of the Mississippi Department of Corrections are affirmed. Costs of this appeal are taxed to Oktibbeha County.
James E. Thomas, P.J.
95-KA-00423-COA
Mewbourn, James E. a/k/a James Evan Mewbourn v. State of Mississippi
Appeal No. 4537 from Judgment dated APRIL 18, 1995, Newton County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.
EN BANC
95-KA-00324-COA
Thomas, Johnnie Mae v. State of Mississippi
Appeal No. 2897 from Judgment dated MARCH 24, 1995, Jefferson County Circuit Court; The judgment of the Jefferson County Circuit Court of the conviction of the sale of cocaine and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed to Jefferson County.
Roger H. McMillin, Jr., J.
95-CA-00069-COA
Barnes, Matt and wife, Kathy M. Barnes, Paul Barnes and wife, Sylvia A. Barnes, J. B. Barnes and wife, Eloria L. Barnes and Jeffery K. Barnes v. William E. Wooten, Ben P. Ganann, Ned Rushing, Thomas Crane, James C. Arthur, Individually and in Their Capacity as The Leake County Board of Supervisors and Weyerhaeuser Company
Appeal No. 13860 from Judgment dated DECEMBER 22, 1994, Leake County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered.
EN BANC
95-KA-00358-COA
Washington, Roosevelt v. State of Mississippi
Appeal No. 11517 from Judgment dated FEBRUARY 03, 1995, Lincoln County Circuit Court; The judgment of the Circuit Court of Lincoln County of conviction of burglary of an inhabited dwelling and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Lincoln County.
EN BANC
94-CC-01217-COA
Russell, Ralph v. Bradley Packaging Products and USF&G Company
Appeal No. 94CV012 from Judgment dated NOVEMBER 02, 1994, Lauderdale County Circuit Court; The judgment of the Circuit Court of Lauderdale County is affirmed. Costs of this appeal are taxed to the appellant.
James E. Thomas, P.J.
95-KA-00447-COA
Sutton, Earnest a/k/a Earnest Matthew Sutton v. State of Mississippi
Appeal No. 941364 from Judgment dated MARCH 22, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of sexual battery and sentence to thirty years in the custody of the Mississippi Department of Corrections is affirmed, but the lower court and the clerk of court are directed to amend the sentence and commitment orders consistent with the dictates of this opinion. All costs are assessed to Hinds County.
Leslie H. Southwick, J.
94-KA-01205-COA
Hoyle, Richard v. State of Mississippi
Appeal No. BK92022 from Judgment dated OCTOBER 21, 1992, Benton County Circuit Court; The judgment of the Circuit Court of Benton County of conviction of simple assault against a police officer is reversed and remanded. All costs assessed to Benton County.
Mary Libby Payne, J.
95-KA-00480-COA
Lacy, Calvin v. State of Mississippi
Appeal No. 942298 from Judgment dated MARCH 14, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended, five (5) years supervised probation, and fifteen (15) years to serve, is affirmed. All costs of this appeal are taxed to the appellant. State's Motion for Relief denied as moot. Order entered.
Mary Libby Payne, J.
95-KP-00134-COA
Bell, III, Sam v. State of Mississippi
Appeal No. 45793 from Judgment dated MAY 09, 1994, Lauderdale County Circuit Court; The judgment of the Circuit Court of Lauderdale County of conviction of delivery of cocaine and enhanced sentence of thirty (30) years in the custody of the Mississippi Department of Corrections and fine of Ten Thousand Dollars ($10,000.00) and restitution in the amount of Three Hundred Eighty-nine Dollars and Fifty Cents ($389.50) is affirmed. All costs of this appeal are taxed to the appellant.
Mary Libby Payne, J.
94-KA-00748-COA
Carter, Diego D. a/k/a Diego DeVille Carter v. State of Mississippi
Appeal No. 8449 from Judgment dated JULY 25, 1994, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of aggravated assault and sentence to ten years in the custody of the Mississippi Department of Corrections and order to make full restitution to the victim, is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. All costs of this appeal are taxed to Coahoma County.
Mary Libby Payne, J.
94-KA-00874-COA
Winters, Douglas Wayne v. State of Mississippi
Appeal No. BK92011 from Judgment dated JUNE 30, 1994, Benton County Circuit Court; The judgment of the Circuit Court of Benton County of conviction of possession of a controlled substance with intent to sell, transfer or distribute and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to appellant.
Mary Libby Payne, J.
94-KA-00636-COA
Muirhead, Rufus Taylor v. State of Mississippi
Appeal No. 23014 from Judgment dated JUNE 22, 1994, Washington County Circuit Court; The judgment of the Circuit Court of Washington County of conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Washington County.
Mary Libby Payne, J.
94-KA-00044-COA
Virgil, Robert Glen v. State of Mississippi
Appeal No. 14514 from Judgment dated DECEMBER 15, 1993, Copiah County Circuit Court; The judgment, as modified, of the Circuit Court of Copiah County of conviction as a habitual offender on Count I of unlawful possession of crack cocaine and sentence of six (6) years in the custody of the Mississippi Department of Corrections and Sixty Thousand Dollar ($60,000.00) fine; Count II of conviction of unlawful possession of marijuana and sentence of a fine of Five Hundred Dollars ($500.00) is affirmed. All costs of this appeal are taxed to Copiah County. Fraiser, C.J., concurs in result only.
Leslie H. Southwick, J.
95-KA-00703-COA
White, Tommy a/k/a Larry Burnside v. State of Mississippi
Appeal No. 5352 from Judgment dated JUNE 26, 1995, Quitman County Circuit Court; The judgment of the Circuit Court of Quitman County of conviction of Count I, conspiring to operate a chop-shop, Count II, joint operation of a chop-shop, and Count III, individually operating a chop-shop and sentence for Count I of four years with two years suspended to run consecutively to any sentence previously imposed and $5,000 fine, Count II of twelve years with six years suspended to run consecutively to Count I and $10,000 fine, and Count III of twelve years with six years suspended to run consecutively to Count I and II and $10,000 fine, all to be served in the custody of the Mississippi Department of Corrections and to make restitution in the total sum of $64,751 to victims is affirmed. Costs assessed to appellant.
Leslie H. Southwick, J.
95-CA-00449-COA
Loveberry, Raymond, Individually and as Father and Next Friend of Ramon Myers (Meyers) v. Robin Sullivan
Appeal No. CV93199BT from Judgment dated MARCH 10, 1995, Tate County Circuit Court; The judgment of the Tate County Circuit Court of March 10, 1995, is reversed and the cause is remanded for further proceedings. Costs are taxed to the appellee, Robin Sullivan.
Leslie H. Southwick, J.
94-KA-01212-COA
Thomas, Willie Lee and Jessie J. Page a/k/a Jessie James Page v. State of Mississippi
Appeal No. 8016 from Judgment dated NOVEMBER 18, 1994, Bolivar County Circuit Court, Second Judicial District; The judgments of the Circuit Court of Bolivar County of conviction of Willie Lee Thomas and Jessie James Page of felony shoplifting and sentences of each to five years, sentences shall run consecutivley to any and all sentences previously imposed, in the custody of the Mississippi Department of Corrections, and a $1,000.00 fine each, are affirmed. Costs are assessed to Bolivar County.
Mary Libby Payne, J.
96-CC-00244-COA
Henderson, Vearlene v. Batesville Manor Nursing Home and The Travelers Insurance Company
Appeal No. CV950147 from Judgment dated FEBRUARY 08, 1996, Panola County Circuit Court, Second Judicial District; The order of the Circuit Court of Panola County affirming the Mississippi Workers' Compensation Commission's order denying benefits to Vearlene Henderson is reversed and this cause is remanded for proceedings consistent with this opinion. All costs of this appeal are taxed to the appellees. McMillin, J., dissents with separate written opinion joined by Fraiser, C.J., Coleman and Southwick, JJ.
Leslie H. Southwick, J.
94-CC-00967-COA
Oates, Johnnie, Deceased v. Otasco, Inc. #112 and American Motorist Insurance Company
Appeal No. CV93102 from Judgment dated JULY 08, 1994, Panola County Circuit Court, Second Judicial District; The judgment of the Panola County Circuit Court is affirmed. Costs are assessed to the appellant.
Leslie H. Southwick, J.
94-CA-00893-COA
Dana L. Turner v. Miss. Dept.of Agriculture and Commerce and Robert McCarty
Appeal No. 9377225 from Judgment dated JULY 29, 1994, Hinds County Circuit Court, First Judicial District; The appeal from the judgment of the Circuit Court of Hinds County of July 29, 1994, affirming the decision of the Mississippi Department of Agriculture and Commerce, is dismissed as moot. All costs are assessed to the appellant.
Leslie H. Southwick, J.
94-KA-00480-COA
Brown, Manny Rico v. State of Mississippi
Appeal No. 2086 from Judgment dated FEBRUARY 18, 1994, Madison County Circuit Court; The judgment of the Madison County Circuit Court of conviction of capital rape of a child and sentence of 29.3 years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Madison County.
Leslie H. Southwick, J.
94-CA-00183-COA
Hamby, Karen Elaine (Turner) Bain v. Billy David Bain
Appeal No. 895116 from Judgment dated FEBRUARY 17, 1994, Grenada County Chancery Court; The judgment of the Chancery Court of Grenada County is reversed and the cause is remanded for further proceedings consistent with this opinion. Costs are taxed to appellee.
Leslie H. Southwick, J.
94-KA-00076-COA
Johnson, Darile a/k/a Darile Lee Johnson a/k/a Ronnie Thomas v. State of Mississippi
Appeal No. 23496 from Judgment dated JANUARY 14, 1994, Washington County Circuit Court; The judgment of the Circuit Court of Washington County of conviction of Count I, conspiracy to commit burglary, and Count II, burglary as a habitual offender and sentence on Count I, five years, and Count II, seven years in the custody of the Misissippi Department of Corrections, to be served consecutively and without the possibility of parole is affirmed. All costs are assessed to Washington County. Appellant's Motion to file pro se rebuttal brief denied. Order entered.
James E. Thomas, P.J.
95-CA-00857-COA
Sanderson, Joe H. and Martha Sanderson v. Lem G. Adams, III
Appeal No. 16891 from Judgment dated JULY 07, 1995, Rankin County Circuit Court; The judgment of the Circuit Court of Rankin County is affirmed. All costs are assessed to the appellants. Bridges, P.J., and Payne, J., not participating.
James E. Thomas, P.J.
95-KA-00426-COA
Duncan, Wendell Avery v. State of Mississippi
Appeal No. 23996 from Judgment dated MARCH 28, 1995, Washington County Circuit Court; The judgment of the Circuit Court of Washington County of conviction of armed robbery as a habitual offender and sentence to thirty years in the custody of the Mississippi Department of Corrections is affirmed. Sentence to run consecutively to any previously imposed sentence. All costs are assessed to Washington County. King, J., not participating. Appellant's motion to clarify order granted in part and denied in part. Order entered.
James E. Thomas, P.J.
94-CC-01232-COA
Epps, Christopher, Fred Childs, Robert Armstrong, Barry Parker and Donald Radford v. Mississippi Department of Corrections
Appeal No. 9273483CV from Judgment dated NOVEMBER 01, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County that the Mississippi Employee Appeals Board is without authority to grant the award of attorney's fees is affirmed. All costs of appeal are taxed to the appellants. Fraiser, C.J., not participating.
James E. Thomas, P.J.
94-KA-01182-COA
Crimmiel, Kimberly a/k/a Kimberly Crimmel v. State of Mississippi
Appeal No. 11462 from Judgment dated SEPTEMBER 30, 1994, Lincoln County Circuit Court; The judgment of the Circuit Court of Lincoln County of conviction of Two Counts of aggravated assault and sentence to seventeen years in the custody of the Mississippi Department of Corrections on each count to be served concurrently, the last two years suspended, with five years probation, and to pay restitution, is affirmed. All costs are assessed to Lincoln County.
Oliver E. Diaz, Jr., J.
95-KA-00783-COA
Floyd, Charles Anthony v. State of Mississippi
Appeal No. 17524 from Judgment dated JUNE 16, 1995, Forrest County Circuit Court; The judgment of conviction in the Forrest County Circuit Court of Count One: burglary of an occupied dwelling with a deadly weapon as an habitual offender and sentence of twenty-five (25) years without parole, Count Two: attempted armed robbery as an habitual offender with sentence of thirty-eight (38) years without parole, and Count Three: attempted armed robbery as an habitual offender with sentence of thirty-eight (38) years without parole in the Mississippi Department of Corrections is affirmed. Each sentence is to run consecutively to the others. Costs of this appeal are taxed to Forrest County.
Roger H. McMillin, Jr., J.
95-CA-00762-COA
J.D.B. Construction Company, Inc. v. Smith Mechanical, Inc.
Appeal No. 16912 from Judgment dated JUNE 23, 1995, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court is affirmed. Statutory damages and interest are awarded to Smith Mechanical, Inc. Costs of this appeal are assessed to the appellant, J.D.B. Construction Company, Inc. Bridges, P.J., not participating.
Oliver E. Diaz, Jr., J.
94-KA-00715-COA
Boykin, Gary v. State of Mississippi
Appeal No. CR940029 from Judgment dated JULY 20, 1994, Panola County Circuit Court, Second Judicial District; The judgment of conviction in the Panola County Circuit Court of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections with the last ten (10) years suspended is affirmed. Costs of this appeal are taxed to the appellant.
Oliver E. Diaz, Jr., J.
94-KA-00559-COA
McQueen, Glenn C. v. State of Mississippi
Appeal No. 4260 from Judgment dated JUNE 06, 1994, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction of felony driving under the influence, third offense, and sentence of five years in the custody of the Mississippi Department of Corrections with four years suspended and five years probation, and fine of $5,000.00 with $3,000.00 suspended is hereby affirmed. All costs of this appeal are taxed to the appellant.
Leslie D. King, J.
95-KA-00871-COA
Mays, Jr., Percy a/k/a "Pete" a/k/a "Pedro" a/k/a Percy Lee Mays, Jr. v. State of Mississippi
Appeal No. CR9583 from Judgment dated AUGUST 11, 1995, Tate County Circuit Court; The judgment of the Circuit Court of Tate County of conviction of sale of cocaine and sentence of fourteen years, with six years suspended, in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to the defendant, Mays.
Oliver E. Diaz, Jr., J.
95-KA-00682-COA
Warnsley, Demetrice a/k/a Demetrice Lawayne Warnsley a/k/a Demetrice Laywane Warnsley v. State of Mississippi
Appeal No. 9348 from Judgment dated JUNE 27, 1995, Jones County Circuit Court, Second Judicial District; The judgment of the Jones County Circuit Court of conviction of felony driving under the influence third offense and sentence of three years in the custody of the Mississippi Department of Corrections with two years suspended and fine of $2,000.00 is hereby affirmed. All costs of this appeal are taxed to Jones County.
Leslie D. King, J.
94-CA-00753-COA
Githens, Richard v. Mississippi Riverboat Amusement, Ltd., d/b/a Biloxi Belle Casino Resort
Appeal No. 933727 from Judgment dated JULY 20, 1994, Harrison County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Harrison County of summary judgment in favor of Mississippi Riverboat Amusement Corporation d/b/a Biloxi Belle Casino is affirmed. Costs are assessed against the appellant. Thomas, P.J., not participating.
Oliver E. Diaz, Jr., J.
95-CA-00712-COA
Warren, Robert v. Cinda Albright
Appeal No. 940665 from Judgment dated JUNE 14, 1995, Alcorn County Chancery Court; The judgment of the Alcorn County Chancery Court is affirmed. Costs of this appeal are to be divided equally between the appellant and the cross-appellant.
Leslie D. King, J.
94-KA-00975-COA
Sherwood Cummings a/k/a Sherwood William Cummings v. State of Mississippi
Appeal No. 2786 from Judgment dated SEPTEMBER 09, 1994, Tunica County Circuit Court; The judgment of the Circuit Court of Tunica County of conviction of possession of cocaine and sentence of three years in the custody of the Mississippi Department of Corrections with two years suspended, five years probation is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. Costs of this appeal are taxed to Tunica County.
Leslie D. King, J.
93-CA-01261-COA
Swan, Nancy and Charles Swan v. Carboline Company
Appeal No. 18734 from Judgment dated OCTOBER 28, 1993, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County is reversed on direct appeal and affirmed on cross appeal. Costs of this appeal are taxed equally to the parties. Thomas, P.J., not participating.
Roger H. McMillin, Jr., J.
95-KA-00982-COA
Perry, John A. v. State of Mississippi
Appeal No. 4767 from Judgment dated MAY 03, 1995, Winston County Circuit Court; The judgment of conviction of the Winston County Circuit Court finding John A. Perry guilty of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections and fine of $5,000 is affirmed. Said sentence is to run consecutively to any sentence previously imposed. Costs of this appeal are assessed to Winston County.
Oliver E. Diaz, Jr., J.
95-KA-00587-COA
Perkins, Spencer v. State of Mississippi
Appeal No. 8872 from Judgment dated APRIL 21, 1995, Simpson County Circuit Court; The judgment of conviction in the Simpson County Circuit Court of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Simpson County.
Roger H. McMillin, Jr., J.
95-KA-00688-COA
Dotson, Donald v. State of Mississippi
Appeal No. 9918 from Judgment dated MARCH 13, 1995, Attala County Circuit Court; The judgment of conviction of the Circuit Court of Attala County of two counts of aggravated assault and sentence of twenty years for Count One and consecutive sentence of ten years with five years suspended for Count Two and consecutively with any previous sentence, all in the custody of the Mississippi Department of Corrections, as amended by this court to include restitution in the amount of $9,000.00 to Edward Rimmer and $4,000.00 to Nikki Horne is affirmed. Costs of this appeal are assessed to Attala County.
Roger H. McMillin, Jr., J.
95-KA-00619-COA
Harrison, Michael v. State of Mississippi
Appeal No. 14637 from Judgment dated MAY 26, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of burglary of a dwelling and sentence of ten years in the custody of the Mississippi Department of Corrections and order to pay restitution to victim is affirmed. Costs of this appeal are assessed to Pike County.
Roger H. McMillin, Jr., J.
95-KA-00575-COA
Ruffin, Travis a/k/a Travis Jerome Ruffin v. State of Mississippi
Appeal No. 59494 from Judgment dated APRIL 19, 1995, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of robbery by use of a deadly weapon and sentence as a habitual offender of thirty-seven years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Lauderdale County.
Roger H. McMillin, Jr., J.
95-CA-00254-COA
Miller, Todd William v. April M. Shearer
Appeal No. 9375196 from Judgment dated DECEMBER 21, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Statutory damages and interest are awarded to April Shearer. Costs of this appeal are assessed to the appellant, Todd Miller.
Roger H. McMillin, Jr., J.
94-CA-01203-COA
Martin, Jr., Ernest C. v. Anna Tarczanin Martin
Appeal No. 55169 from Judgment dated NOVEMBER 01, 1994, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court is affirmed. Statutory damages and interest are awarded. Costs of this appeal are assessed to Ernest C. Martin, Jr. Appellee's Motion for attorney's fees granted. Order entered. Thomas, P.J., not participating.
Roger H. McMillin, Jr., J.
94-KA-00801-COA
Johnson, Edward a/k/a Edward Johnson, Jr. a/k/a Edward L. Johnson v. State of Mississippi
Appeal No. 11641 from Judgment dated JULY 19, 1994, Warren County Circuit Court; The judgment of the Warren County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Warren County.
Roger H. McMillin, Jr., J.
94-CC-00429-COA
Mississippi Employment Security Commission v. Barbara P. Nick
Appeal No. 9313007 from Judgment dated APRIL 07, 1994, Washington County Circuit Court; The judgment of the Circuit Court of Washington County is reversed and final judgment is rendered in this court disqualifying the appellee, Barbara P. Nick, from any entitlement to unemployment compensation benefits for any period during which she was receiving Social Security benefits. Costs of this appeal are assessed to the appellee, Barbara P. Nick. Fraiser, C.J., and King, J., not participating.
James E. Thomas, P.J.
94-KA-01155-COA
Meeks, Penny Lynn v. State of Mississippi
Appeal No. CR94045 from Judgment dated OCTOBER 14, 1994, Alcorn County Circuit Court; The judgment of the Circuit Court of Alcorn County of conviction of murder and sentence to life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed to Alcorn County. State's motion for leave to file surrebuttal brief denied. Order entered.
James E. Thomas, P.J.
94-KA-01063-COA
Scott, Gladys and Jamie Scott v. State of Mississippi
Appeal No. 4528 from Judgment dated OCTOBER 04, 1994, Scott County Circuit Court; The judgment of the Circuit Court of Scott County of conviction of Count I: armed robbery and sentence of life imprisonment and Count II: armed robbery and sentence of life imprisonment to run consecutive to sentence in Count I for appellant Gladys Scott is affirmed. The judgment of the Circuit Court of Scott County of conviction of Count I: armed robbery and sentence of life imprisonment and Count II: armed robbery and sentence of life imprisonment on Count II to run consecutive to sentence in Count I for appellant Jamie Scott is affirmed. All costs are assessed against the appellants.
EN BANC
94-KA-00961-COA
Roberson, Terry Fernando a/k/a "P.I." and Ferdinando Thomas a/k/a "Skillet" v. State of Mississippi
Appeal No. 8429 from Judgment dated AUGUST 10, 1994, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of Terry Fernando Roberson of armed robbery and sentence of 25 years in the custody of the Mississippi Department of Corrections, with sentence to run consecutively to any and all previously imposed sentences, and to pay restitution in the amount of $140 is affirmed. All costs of this appeal are taxed to Coahoma County. The judgment of the Circuit Court of Coahoma County of conviction of Ferdinando Thomas of armed robbery and sentence of life in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are taxed to Coahoma County.
Frank D. Barber, J.
94-KA-01104-COA
Latham, Ervin v. State of Mississippi
Appeal No. 6056 from Judgment dated SEPTEMBER 15, 1994, Noxubee County Circuit Court; The judgment of the Circuit Court of Noxubee County of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Noxubee County.
John J. Fraiser, Jr., C.J.
94-CA-00384-COA
FridgAmerica, Inc., Norman Pitts, Earlene Scarborough and Earl E. Schneider, Jr. v. Mid-South Industries, Inc. d/b/a Thermo-Kool
Appeal No. 42119 from Judgment dated FEBRUARY 09, 1994, Jones County Chancery Court, Second Judicial District; The judgment of the Jones Count Chancery Court of cross-appeal, as to the appropriate measure of damages in a trade secrets case, is reversed and remanded for a hearing on damages consistent with this opinion; consequently, the direct appeal as to the sufficiency of damages is rendered moot. Schneider's direct appeal as to his personal liability is denied. All costs of this appeal are taxed to appellants.
EN BANC
95-KA-00563-COA
Johnson, Carl Lee a/k/a Carl Lee Griffin v. State of Mississippi
Appeal No. 8423 from Judgment dated MAY 15, 1995, Coahoma County Circuit Court; The judgment of conviction in the Coahoma County Circuit Court of aggravated assault on a law enforcement officer and sentence of life imprison- ment without parole as a habitual offender is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. Costs of this appeal are taxed to Coahoma County.
Mary Libby Payne, J.
94-KA-01230-COA
Wilson, Tyrone a/k/a Tyrone Javon Wilson v. State of Mississippi
Appeal No. 933227 from Judgment dated NOVEMBER 04, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction on Count I of manslaughter and sentence of twenty (20) years; and Count II of arson and sentence of twenty (20) years to run consecutively with sentence in Count I and all sentences to be served in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County. Fraiser, C.J., not participating.