Mississippi Court of Appeals

Hand Down Lists
March 11, 1997

03/11/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
U 94-CA-00428-COA

Pike County National Bank v. Durl White Appeal No. 3904 from Judgment dated NOVEMBER 12, 1993, Amite County Circuit Court; The judgment of the Circuit Court of Amite County in favor of appellee is reversed and rendered. All costs are assessed to the appellee.


James E. Thomas, P.J.
U 94-KA-01193-COA

Traylor, Darryl a/k/a Daryl Tyrome Traylor a/k/a Darrell Tyrone Traylor v. State of Mississippi Appeal No. CR94064 from Judgment dated NOVEMBER 21, 1994, Lee County Circuit Court; The judgment of the Lee County Circuit Court of conviction of two counts of aggravated assault; Count I, sentenced to twenty years in the custody of the Mississippi Department of Corrections and make restitution; Count II, sentenced to ten years in the custody of the Mississippi Department of Corrections; sentence on Count II suspended pending good behavior; sentence shall run consecutive with Count I, is affirmed. All costs are taxed to the appellant.


James E. Thomas, P.J.
U 95-CA-00309-COA

Russell, Donna and Richard Russell v. Thomas, Walker, Lacey, Inc. and Paul D. Herman Appeal No. 940143 from Judgment dated JANUARY 20, 1995, Madison County Circuit Court; The judgment of the Circuit Court of Madison County in the amount of $56,192.00 in favor of appellant Donna Russell and judgment in favor of $0.00 in favor of appellant Richard Russell are affirmed. All costs are assessed to the appellants. Bridges, C.J., Herring and King, JJ., not participating.


Roger H. McMillin, Jr., P.J.
U 95-KA-00766-COA

Brantley, Dewayne Lynell v. State of Mississippi Appeal No. 4596 from Judgment dated JUNE 19, 1995, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of possession of cocaine and sentence of three (3) years in the custody of the Mississippi Department of Corrections and $10,000 fine is affirmed. Costs of this appeal are assessed to the appellant.


Roger H. McMillin, Jr., P.J.
U 96-CA-00117-COA

Urbano, Roger W. v. Donna Urbano DeMetz Appeal No. 950092 from Judgment dated JANUARY 23, 1996, Hancock County Chancery Court; The judgment of the Hancock County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant, Roger Urbano. Thomas, P.J., not participating.


Leslie D. King, J.
U 94-KA-00072-COA

Jackson, Sr., Marlon K. v. State of Mississippi Appeal No. 7654 from Judgment dated SEPTEMBER 14, 1993, Hancock County Circuit Court; The judgment of the Circuit Court of Hancock County of conviction of prescription forgery and sentence of 5 years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to appellant. Thomas, P.J., and Herring, J., not participating.


Leslie D. King, J.
U 94-KA-01085-COA

Jackson, George v. State of Mississippi Appeal No. CR9395 from Judgment dated OCTOBER 13, 1994, Tate County Circuit Court; The judgment of the Circuit Court of Tate County of conviction of two counts of murder and sentence of two consecutive life sentences in the custody of the Mississippi Department of Corrections is affirmed. Sentence in Count 2 to run consecutively to sentence in Count 1. Costs of this appeal are taxed to Tate County.


Thomas A. Coleman, J.
U 93-KA-00297-COA

Strickland, Roy v. State of Mississippi Appeal No. 37011 from Judgment dated AUGUST 13, 1992, George County Circuit Court; The George County Circuit Court's judgment of the appellant's guilt of the crime of murder and its sentence to serve a term of life in the custody of the Mississippi Department of Corrections as a habitual offender are affirmed. Costs are assessed to the appellant. Herring, J., not participating.


Thomas A. Coleman, J.
U 93-KA-01274-COA

Williams, Calvin L. v. State of Mississippi Appeal No. 6480 from Judgment dated OCTOBER 28, 1993, Bolivar County Circuit Court, First Judicial District; The Bolivar County Circuit Court's judgment of the appellant's guilt of the crime of murder and its sentence to serve a term of life in the custody of the Mississippi Department of Corrections are affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. Costs are taxed to Bolivar County.


Billy G. Bridges, C. J.
U 94-KA-00862-COA

Camp, Lee Earl v. State of Mississippi Appeal No. CR947 from Judgment dated AUGUST 25, 1994, Panola County Circuit Court, First Judicial District; The judgment of the Panola County Circuit Court of conviction of rape and sentence of fifteen years in the custody of the Mississippi Department of Corrections with ten years suspended is affirmed. All costs of this appeal are taxed to appellant. Herring, J., not participating.


Billy G. Bridges, C. J.
UU 95-CA-00854-COA

Enis, Jean, Individually, Monroe County Rentals, Inc. and Elaine Boyd, All Jointly and Severally v. Thomas M. Caldwell Appeal No. 25097 from Judgment dated May 13, 1994, Monroe County Circuit Court; The judgment of the Monroe County Circuit Court is hereby affirmed. Statutory damages and interest are awarded. All costs of this appeal are taxed to the appellants. Southwick, J., dissents with separate written opinion. McMillin, P.J., and Herring, J., not participating.


EN BANC
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; DISPOSITION - Motion for rehearing denied. Order entered. Herring and King, JJ., not participating.


EN BANC
93-KP-01427-COA

Edwards, Timothy a/k/a Timmy Edwards and Tommy Edwards a/k/a Tommy L. Edwards a/k/a Tommy Lee Edwards v. State of Mississippi Appeal No. 37493 from Judgment dated DECEMBER 06, 1993, Lauderdale County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


EN BANC
94-CA-00266-COA

Epperson, Jr., Charlie Lafayette v. Mary Suzanne Chatham Epperson Appeal No. 89121144 from Judgment dated DECEMBER 09, 1993, DeSoto County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Motion for Clarification granted to the extent that appellee is awarded $5,000 in additional attorneys fees on appeal. Order entered. Herring, J., not participating.


EN BANC
94-KA-00302-COA

Mills, Yolanda Eunice v. State of Mississippi Appeal No. TK92036 from Judgment dated SEPTEMBER 29, 1993, Tippah County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


EN BANC
94-CA-00625-COA

Swails, III, William (Billy) Taylor v. American Mutual Fire Insurance Company Appeal No. 94006 from Judgment dated JUNE 14, 1994, Lowndes County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


EN BANC
UU 94-CA-00803-COA

Wills, Bobby Ray v. Bank of Mississippi Appeal No. 3892613 from Judgment dated JULY 14, 1994, Forrest County Circuit Court; The judgment of the Forrest County Circuit Court granting summary judgment is affirmed. Statutory damages and interest are awarded. Costs of this appeal are assessed to the appellant. McMillin, P.J., Bridges, C.J., Thomas, P.J., Coleman and Southwick, JJ., concur. Payne, J., dissents with separate written opinion joined by Diaz and King, JJ. Herring, J., not participating.


EN BANC
94-KA-01104-COA

Latham, Ervin v. State of Mississippi Appeal No. 6056 from Judgment dated SEPTEMBER 15, 1994, Noxubee County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


EN BANC
U 94-KA-01195-COA

Mayfield, Larry v. State of Mississippi Appeal No. 4431 from Judgment dated OCTOBER 11, 1994, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of the sale of cocaine and sentence of fifteen years in the custody of the Mississippi Department of Corrections and a fine of $2,000.00 is affirmed. All costs of this appeal are taxed to appellant. Herring, J., not participating.


EN BANC
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; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


EN BANC
95-CA-00516-COA

Pine Belt Association for Community Enhancement (P.A.C.E.), and Peggy Butler, both Officially and Individually v. Gaye Newsome Appeal No. 6923701 from Judgment dated FEBRUARY 25, 1995, Forrest County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


EN BANC
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; DISPOSITION - Motion for rehearing denied. Order entered. Herring, J., not participating.


PER CURIAM
93-CT-00274-COA

Jordan, John Lee v. State of Mississippi Appeal No. 914280 from Judgment dated JANUARY 08, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Permission to Submit Recanted Testimony denied. Order entered.


PER CURIAM
94-KA-01078-COA

Naquin, Michael Anthony a/k/a Michael Anthony Naguin v. State of Mississippi Appeal No. 924282CR from Judgment dated SEPTEMBER 12, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - On court's own motion to supplement the record granted. This matter is remanded to the Circuit Court of Hinds County for 30 days. Order entered.


PER CURIAM
95-CA-00495-COA

Wallace, Jr., Othello B. v. Bonner and Birmingham (Law Firm): James L. Bonner and Drue D. Birmingham, Individually CONSOLIDATED WITH 95-CA-01022-COA ; Appeal No. CV89617 from Judgment dated APRIL 11, 1995, DeSoto County Circuit Court; DISPOSITION - On court's own motion to reconsider previous order denying supplemention, appellant's pro se motion to supplement granted. This matter is remanded to Circuit Court of DeSoto County for 30 days for supplementation. Appellant's supplemental brief due within 40 days after the date supplemental record is filed. Appellee's supplemental brief due within 30 days after service of appellant's brief. Order entered.


PER CURIAM
95-CA-01022-COA

Wallace, Jr., Othello B. v. Bonner and Birmingham (Law Firm): James L. Bonner and Drue D. Birmingham, Individually CONSOLIDATED WITH 95-CA-00495-COA ; Appeal No. CV89617 from Judgment dated APRIL 11, 1995, DeSoto County Circuit Court; DISPOSITION - On court's own motion to reconsider previous order denying supplemention, appellant's pro se motion to supplement granted. This matter is remanded to Circuit Court of DeSoto County for 30 days for supplementation. Appellant's supplemental brief due within 40 days after the date supplemental record is filed. Appellee's supplemental brief due within 30 days after service of appellant's brief. Order entered.