12/17/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Brantley, James P.
X  2000-KA-01521-COA

Christine Hogan v. State of Mississippi; Leflore Circuit Court; LC Case #: 23,257; Ruling Date: 05/28/1998; Ruling Judge: Gray Evans; Majority Opinion: Brantley, J.; Disposition: The judgment of the Leflore County Circuit Court of conviction of sale of a controlled substance and sentence of thirty years in the custody of the Mississippi Department of Corrections with fifteen years suspended to run consecutively to the sentence imposed in Cause No. 23,258 is affirmed. All costs of this appeal are assessed to Leflore County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur.

Willie Earl Riley a/k/a Willie E. Riley v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,420; Ruling Date: 08/08/2001; Ruling Judge: Jannie Lewis; Majority Opinion: Brantley, J.; Disposition: The judgment of the Circuit Court of Holmes County denying motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Holmes County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur.

Anthony Watson v. Margaret Johnson; Hinds Circuit Court 1st District; LC Case #: 98-414; Ruling Date: 04/10/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Brantley, J.; Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur.

Dwight McClee v. Valencia Simmons; Leflore Chancery Court; LC Case #: G98-0105; Ruling Date: 07/24/2001; Ruling Judge: Jon Barnwell; Majority Opinion: Brantley, J.; Disposition: The judgment of the Chancery Court of Leflore County is affirmed on direct and cross appeals. Statutory damages and interest are awarded to the appellee. Cost are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur.

Rickey Meshell v. State of Mississippi; Sunflower Circuit Court 1st District; LC Case #: 2000-0078-M; Ruling Date: 01/16/2002; Ruling Judge: Betty Sanders; Majority Opinion: Brantley, J.; Disposition: The appeal of the judgment of the Circuit Court of Sunflower County denying post-conviction relief is dismissed for lack of jurisdiction. Costs of this appeal are assessed to Sunflower County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers and Chandler, JJ., Concur. Thomas, J., not participating.

Robert C. Albright, Jr. v. State of Mississippi; Simpson Circuit Court; LC Case #: 2000-240-K; Ruling Date: 05/04/2001; Ruling Judge: Robert Evans; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of Simpson County of conviction of Count One, aggravated assault, and sentence of ten years; Count Two, murder, and sentence of life all in the custody of the Mississippi Department of Corrections with sentence in Count One to run consecutively to sentence in Count Two is affirmed. All costs of this appeal are assessed to Simpson County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

Antoine Triplett v. State of Mississippi; Winston Circuit Court; LC Case #: 2001-072; Ruling Date: 11/08/2001; Ruling Judge: C. Morgan, III; Majority Opinion: Chandler, J.; Disposition: The judgment of the Circuit Court of Winston County of conviction of sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of the appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Brantley, JJ., Concur.

Winfred "Wimp" Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 00-KR-044-S; Ruling Date: 02/28/2001; Ruling Judge: Lillie Sanders; Majority Opinion: Myers, J.; Disposition: The appeal of the judgment of the Wilkinson County Circuit Court is dismissed for lack of jurisdiction as being untimely filed. Costs of the appeal are assessed to Wilkinson County. ; Votes: Thomas, Lee, Irving, Chandler and Brantley, JJ., Concur.; Dissenting Opinion: Southwick, P.J.; Votes: McMillin, C.J., King, P.J. and Bridges, J., Join This Opinion.

Marcus Roberson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 200-0038; Ruling Date: 04/27/2001; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Myers, J.; Disposition: This appeal of the Circuit Court of Coahoma County denying the Appellant's motion to dismiss indictment is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Coahoma County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Brantley, JJ., Concur.

Jeff Wimberly a/k/a Jeffery W. Wimberly a/k/a Jeffery Wayne Wimberly v. State of Mississippi; Union Circuit Court; LC Case #: UK2000-9; Ruling Date: 09/07/2000; Ruling Judge: R. Coleman; Majority Opinion: Irving, J.; Disposition: The judgment of the Union County Circuit Court of conviction of attempted armed robbery and sentence of twenty years in the custody of the Mississippi Department of Corrections with five years suspended to be served on post-release supervision is affirmed. All costs of this appeal are assessed to Union County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Cindy K. Broome v. Paul A. Broome; Jackson Chancery Court; LC Case #: 94-1688GB; Ruling Date: 05/29/2001; Ruling Judge: Glenn Barlow; Majority Opinion: Irving, J.; Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Elbert Lee Silas, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-229; Ruling Date: 08/01/2001; Ruling Judge: W. Yerger; Majority Opinion: Irving, J.; Disposition: The judgment of the Circuit Court of Hinds County of conviction of robbery and sentence of fifteen years as an habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of appeal are assessed to Hinds County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Brantley, JJ., Concur.

Margie Twine v. City of Gulfport; Harrison Circuit Court 1st District; LC Case #: 99-00051; Ruling Date: 11/21/2000; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, J.; Disposition: The judgment of the Harrison County Circuit Court 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 Brantley, JJ., Concur.

Sam Gantenbein v. Valerie Gantenbein; Lee Chancery Court; LC Case #: 00-0368; Ruling Date: 08/20/2001; Ruling Judge: John Ross, Jr.; Majority Opinion: Lee, J.; Disposition: The judgment of the Lee County Chancery Court 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 Brantley, JJ., Concur.

Brenda Ducksworth v. Wal-Mart Stores, Inc.; Scott Circuit Court; LC Case #: 99-CV-0129-SC; Ruling Date: 10/04/2001; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, J.; Disposition: The judgment of the Scott County Circuit Court is reversed and remanded. Costs of this appeal are taxed to the appellee. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Myers, Chandler and Brantley, JJ., Concur. Irving, J., not participating.

William O. Johnson v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2001-070-KS; Ruling Date: 09/28/2001; Ruling Judge: Keith Starrett; Majority Opinion: Lee, J.; Disposition: The judgment of the Lincoln County Circuit Court of conviction of Count I, conspiracy to commit burglary of a dwelling and sentence of five years; Count II, burglary of a dwelling and sentence of ten years, Counts III, IV, V, and VI, accessory after the fact to burglary of a dwelling and sentence of five years on each count, with each count to run concurrently, with the first five years served and the last five years on post-release supervision, and to pay $9278.49 in restitution, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Lincoln County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Brantley, JJ., Concur.

Gralding Capice Lewis v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2001-820-RD; Ruling Date: 03/21/2002; Ruling Judge: George Ready; Majority Opinion: Lee, J.; Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count II, burglary of a vehicle and sentence of four years and Count III, petit larceny and sentence of six months, all in the custody of the Mississippi Department of Corrections, said sentences to run concurrently, and to pay a $1000 fine is affirmed. Costs of this appeal are assessed to DeSoto County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Brantley, JJ., Concur.

Eric M. Rogers a/k/a Eric Marchon Rogers v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 11-16; Ruling Date: 09/07/2001; Ruling Judge: Robert Evans; Majority Opinion: Thomas, J.; Disposition: The judgment of the Circuit Court of Jasper County of conviction of aggravated assault and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jasper County. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Donald Ray Pitts v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-082-K; Ruling Date: 08/24/2001; Ruling Judge: Robert Bailey; Majority Opinion: Thomas, J.; Disposition: The judgment of the Circuit Court of Wayne County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections and to pay restitution in the amount of $6,340 and $3,500 to the Victim Compensation Fund is affirmed. All costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Jimmy Earl Aron v. Sandra B. Aron; Yalobusha Chancery Court 1st District; LC Case #: 01-02-16; Ruling Date: 05/22/2001; Ruling Judge: Melvin McClure, Jr.; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Chancery Court of Yalobusha County is affirmed in part and reversed and remanded in part. All costs are assessed equally to the appellant and the appellee. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., Concur. Brantley, J., not participating.

John S. Parisie v. State of Mississippi; Rankin Circuit Court; LC Case #: 13169; Ruling Date: 10/03/2001; Ruling Judge: William Chapman, III; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Circuit Court of Rankin County of conviction of Count I: armed robbery, Count III: aggravated assault on a law enforcement officer and Count IV: possession of a firearm by a convicted felon and sentence of three consecutive life sentences without the possibility of parole in the custody of the Mississippi Department of Corrections is hereby affirmed. Costs of this appeal are assessed to Rankin County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Sylvester Bradford v. State of Mississippi; Hancock Circuit Court; LC Case #: P.C. 01-0002; Ruling Date: 09/10/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Southwick, P.J.; Disposition: The judgment of the Hancock County Circuit Court dismissing the petition for post-conviction relief is affirmed. The costs of this appeal are assessed to Hancock County. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Carlos Dewayne Jefferson v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 00-KR-031-S; Ruling Date: 08/28/2001; Ruling Judge: Lillie Sanders; Majority Opinion: Southwick, P.J.; Disposition: The dismissal of the motion for re-sentencing by the Wilkinson County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. ; Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Eric Shinall v. State of Mississippi; Claiborne Circuit Court; LC Case #: CV99-0179; Ruling Date: 07/16/2001; Ruling Judge: Lamar Pickard; Majority Opinion: McMillin, C.J.; Disposition: The judgment of the Circuit Court of Claiborne County denying post-conviction relief is affirmed. Costs of this appeal are assessed to Claiborne County. ; Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Brantley, JJ., Concur.

Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 08/03/1999; Ruling Judge: William Griffin, Jr.; Consolidated with 1999-CP-00848-COA Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 03/17/1999; Ruling Judge: William Griffin, Jr.; Consolidated with 1999-CP-01259-COA Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 07/14/1999; Ruling Judge: William Griffin, Jr.; Disposition: Appellant's motion for rehearing is denied.

William Alton Hester a/k/a William Alton Hester, Sr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,447(3); Ruling Date: 02/16/2001; Ruling Judge: Dale Harkey; Disposition: Appellant's motion for rehearing is denied.