03/11/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2001-CP-01821-COA

Kendrick Rankins v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2001-129(B); Ruling Date: 11/06/2001; Ruling Judge: Robert Bailey; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Wayne County denying post-conviction relief is affirmed. Costs of this appeal are assessed to Wayne County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.

Marvin Edwards v. State of Mississippi; Humphreys Circuit Court; LC Case #: 4550; Ruling Date: 11/27/2001; Ruling Judge: Jannie Lewis; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Humphreys County denying post-conviction relief is affirmed. All costs of the appeal are assessed to Humphreys County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee and Myers, JJ., concur. Southwick, P.J. and Irving, J., concur in result only. Griffis, J., not participating.

Howard Turner v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-01-31; Ruling Date: 04/18/2002; Ruling Judge: L. Hilburn; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Hinds County dismissing with prejudice the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ., concur. Irving, J., concurs in result only.

Eva Lois Heard, Personal Representative of the Estate of Gwendolyn Strong, Deceased v. Intervest Corporation; Clay Circuit Court; LC Case #: 99-0062; Ruling Date: 11/27/2001; Ruling Judge: Lee Howard; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Clay 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, Chandler and Griffis, JJ., Concur. Irving, J., dissents with separate written opinion. Dissenting Opinion: Irving, J.

Regina Powell and Thomas Powell v. Methodist Health Care-Jackson Hospitals; Hinds Circuit Court 1st District; LC Case #: 251-99-1112CIV; Ruling Date: 11/08/2001; Ruling Judge: W. Yerger; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District is affirmed. All costs of this appeal are assessed to the appellants. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, and Chandler, JJ., concur. Griffis, J., not participating.

William F. Riley v. Susan D. Riley; Lauderdale Chancery Court; LC Case #: 99-1291-S; Ruling Date: 12/20/2001; Ruling Judge: Sarah Springer; Majority Opinion: Irving, J. Disposition: The judgment of the Lauderdale County Chancery Court is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Myers and Chandler and Griffis, JJ., concur. Lee, J., dissents with separate written opinion, joined by Bridges, J. Dissenting Opinion: Lee, J. Votes: Bridges, J., joins this opinion.

Earl Stagg, Jr. v. State of Mississippi; Scott Circuit Court; LC Case #: 2000-CR-0173-SC; Ruling Date: 06/21/2001; Ruling Judge: V. Cotten; Majority Opinion: Lee, J. Disposition: The judgment of the Scott County Circuit Court of conviction of possession of methamphetamine while in possession of a firearm and sentence of ten years in the custody of the Mississippi Department of Corrections, plus pay a $3,000 fine, is affirmed. Costs of this appeal are assessed to Scott County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only.

Terry Green v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-0150; Ruling Date: 09/25/2001; Ruling Judge: Samac Richardson; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Madison County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

David C. Gautier, Lawrence L. Gautier, Walter Warren Gautier and Andre A. Gautier v. Mississippi Transportation Commission; Jackson Special Court of Eminent Domain; LC Case #: 98-0270; Ruling Date: 09/18/2001; Ruling Judge: T. Wilson; Majority Opinion: Lee, J. Disposition: The judgment of the Jackson County Special Court of Eminent Domain is affirmed. Costs of this appeal are assessed to the appellants. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Brian Keith Nelson v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2001-619-RD; Ruling Date: 02/08/2002; Ruling Judge: George Ready; Majority Opinion: Lee, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count I, burglary of an automobile and sentence of three years in the custody of the Mississippi Department of Corrections; Count II grand larceny and sentence of five years' post-release supervision to run consecutively to sentence in Count I, and to pay $1000 in restitution and a fine of $1000 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 Griffis, JJ., concur.

Harry Dale Barnes v. State of Mississippi; Simpson Circuit Court; LC Case #: 99-170-K; Ruling Date: 05/04/2001; Ruling Judge: Robert Evans; Majority Opinion: Bridges, J. Disposition: The judgment of the Simpson County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ., concur. Griffis, J., not participating.

Bennie Stroud, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 95-10105(3); Ruling Date: 10/30/1997; Ruling Judge: Bill Jones; Majority Opinion: Southwick, P.J. Disposition: The appeal of the judgment of the Jackson County Circuit Court denying post-conviction relief is dismissed. Costs of this appeal are assessed to Jackson County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Paul Elvis Crawford v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-01-007; Ruling Date: 04/24/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of the Second Judicial District of Harrison County of conviction of burglary of a dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections without the possibility of parole is hereby affirmed. Costs of appeal are assessed to Harrison County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Jimmy McGee v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: OK-2001-18; Ruling Date: 10/11/2001; Ruling Judge: Henry Lackey; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court for the Second Judicial District of Chickasaw County of conviction of wire fraud and sentence of five years in the custody of the Mississippi Department of Corrections, fine of $10,000, and $100 to Victim's Compensation Fund is hereby affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only.

Antonio Demarcus Brown v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 10-67; Ruling Date: 09/07/2001; Ruling Judge: Robert Evans; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Jasper County Circuit Court of conviction of Count I burglary and sentence of five years; and Count II armed robbery and sentence of fifteen years with first ten years to be served without parole, all in the custody of the Mississippi Department of Corrections with sentences to run concurrently is affirmed. Costs of this appeal are assessed to Jasper County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Myers and Griffis, JJ., concur. Irving and Chandler, JJ., concur in result only.

In the Matter of the Estate of Walter Thomas, Deceased: Kay Saunders and Titus Saunders v. Charles Thomas; Hinds Chancery Court 1st District; LC Case #: P-96-461; Ruling Date: 12/11/2001; Ruling Judge: William Singletary; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., Concur.

Cornelius Cannady v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-613; Ruling Date: 02/15/2002; Ruling Judge: W. Yerger; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County of conviction of uttering a forgery and sentence of ten years in the custody of the Mississippi Department of Corrections with three years' post-release supervision and pay $4,500 in restitution is hereby affirmed. Costs of this appeal are assessed to Hinds County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Willie Booker v. Barbara Bailey, Lawrence Kelly and Robert Johnson; Sunflower Circuit Court 1st District; LC Case #: 2001-0125-M; Ruling Date: 05/14/2002; Ruling Judge: Betty Sanders; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Sunflower County Circuit Court dismissing with prejudice the motion to show cause is affirmed. Costs of this appeal are assessed to Sunflower County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Sherley Adams, et al. v. Mississippi State Oil and Gas Board, Murphy Oil USA, Inc., Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company, Successor to TXO Production Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 11/04/2000; Ruling Judge: R. Reeves, Jr.; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Chancery Court of Lincoln County is reversed and this cause is remanded for such further proceedings as are consistent with the terms of this opinion. The costs of the appeal are assessed to appellees. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Randall W. Rice v. Burlington Motor Carriers, Inc. and The Travelers Insurance Company; Pontotoc Circuit Court; LC Case #: CV2000-177 (G) PO; Ruling Date: 09/24/2001; Ruling Judge: Thomas Gardner, III; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Pontotoc County is affirmed. Costs of the appeal are assessed to the appellant. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., Concur.

Public Employees' Retirement System v. Dorothy H. Cobb; Hinds Circuit Court 1st District; LC Case #: 251-00-0537; Ruling Date: 10/11/2001; Ruling Judge: Tomie Green; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and the decision of the Board of Trustees of the Public Employees' Retirement System is reinstated. All costs of this appeal are assessed to the appellee. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., Concur.

Gary McClendon and Gloria Henry McClendon v. State of Mississippi; Copiah Circuit Court; LC Case #: 2000-0141CR-A; Ruling Date: 11/16/2000; Ruling Judge: Lamar Pickard; Disposition: Upon consideration of the appellee's motion for rehearing and the appellants' response to the motion, the motion for rehearing is denied. Lee, J., would grant. Griffis, J., not participating.

Gary W. Morrison v. Mississippi Department of Human Services; Alcorn Chancery Court; LC Case #: 25,287; Ruling Date: 06/12/2001; Ruling Judge: John Ross, Jr.; Disposition: Appellant's motion for rehearing is denied. King, P.J., and Lee, J., would grant. Griffis, J., not participating.

William Lewis Gaskin v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,680(2); Ruling Date: 05/31/2001; Ruling Judge: Kathy Jackson; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of armed robbery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, and Chandler, JJ., concur. Griffis, J., not participating.

Hollie Jean Watts v. Mark Harrison Watts; Jackson Chancery Court; LC Case #: 2000-1667; Ruling Date: 06/15/2001; Ruling Judge: William Griffin, Jr.; Disposition: Appellee's motion for rehearing is denied. Myers and Griffis, JJ., not participating.

Hollie Jean Watts v. Mark Harrison Watts; Jackson Chancery Court; LC Case #: 2000-1667; Ruling Date: 06/15/2001; Ruling Judge: William Griffin, Jr.; Majority Opinion: Lee, J. Disposition: The original opinion in this case is withdrawn and this opinion is substituted therefor. The judgment of the Jackson County Chancery Court is reversed and remanded in part and affirmed in part. Costs of this appeal are taxed equally to the appellant and the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving and Chandler, JJ., concur. Myers and Griffis, JJ., not participating.

Becky Ladner v. Jimmy Jordan; Hinds Chancery Court 2nd District; LC Case #: G-2000-81(2d); Ruling Date: 08/23/2001; Ruling Judge: William Singletary; Disposition: Appellant's motion for rehearing is denied. Southwick, P.J., would grant. Griffis, J., not participating.

Jeno Fulop v. Frank Suta; Lafayette Chancery Court; LC Case #: 2000-461; Ruling Date: 07/05/2001; Ruling Judge: Norman Gillespie; Disposition: Upon consideration of the appellee's motion for rehearing and the appellant's response to the motion, the motion for rehearing is denied. Southwick, P.J., would grant. Griffis, J., not participating.

Tabitha A. Otto v. Mississippi Employment Security Commission; Lee Circuit Court; LC Case #: CV-01-186 (B) L; Ruling Date: 11/02/2001; Ruling Judge: Richard Bowen; Disposition: Upon consideration of the appellant's motion for rehearing and the appellee's response to the motion, the motion for rehearing is denied. King, P.J., and Irving, JJ., would grant. Griffis, J., not participating.