Hand Down Lists
March 14, 2000
Thomas, James E.
X
97-CA-00678-COA
Curtis, Katrina Dianna v. Bellwood Farms, Inc., a Mississippi Corporation
Sunflower Circuit Court; LC Case#: 950217; Ruling Date: 02/19/1997; Ruling Judge: Betty Sanders; Majority Opinion: Thomas, J. Disposition: The judgment of the Sunflower Circuit Court in favor of the defendant Bellwood Farms, Inc. is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Concur. Diaz, J., Not Participating.
Payne, Mary Libby
XX
98-CA-00658-COA
Gilbert, Roy v. Martha Jean Ireland
Bolivar Circuit Court 1st District; LC Case#: 950012; Ruling Date: 01/22/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Payne, J. Disposition: The judgment of the Bolivar County Circuit Court is reversed and this cause is remanded for further action consistent with this opinion. Appellee taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Moore, J., Thomas, J., Concur. Dissenting Opinion: Diaz, J. Votes: Bridges, J., Irving, J., Lee, J., Join.
Payne, Mary Libby
X
1998-KA-01806-COA
Tompkins, Royce Reuben v. State of Mississippi
Jackson Circuit Court; LC Case#: 9711052; Ruling Date: 09/01/1998; Ruling Judge: James Backstrom; Majority Opinion: Payne, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of capital rape is affirmed. The sentence of life imprisonment is vacated and this cause is remanded for the limited purpose of re-sentencing under the correct statutory scheme. Jackson County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur.
Diaz, Oliver E., Jr.
XX
1998-KA-01294-COA
Youngblood, Jason v. State of Mississippi
Copiah Circuit Court; LC Case#: 15382; Ruling Date: 08/21/1998; Ruling Judge: Lamar Pickard; Majority Opinion: Diaz, J. Disposition: The judgment of the Copiah County Circuit Court of conviction of armed robbery and sentenced to serve term of twelve years in the custody of the Mississippi Department of Corrections and conspiracy to commit armed robbery and sentenced to serve a term of five years in the custody of the Mississippi Department of Corrections with sentences to run concurrent is affirmed. Copiah County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. Concurring Opinion: Irving, J.
Diaz, Oliver E., Jr.
X
1998-KA-01321-COA
Holmes, Michael Jerome v. State of Mississippi
Lee Circuit Court; LC Case#: CR97-043; Ruling Date: 08/26/1998; Ruling Judge: Frank Russell; Majority Opinion: Diaz, J. Disposition: The judgment of the Lee County Circuit Court of conviction of two counts of grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections on Count I and five years in the custody of the Mississippi Department of Corrections on Count II to run consecutive to sentence imposed in Count I, and to pay restitution is affirmed. Lee County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. King, P.J., Not Participating.
Diaz, Oliver E., Jr.
XX
1998-KA-01768-COA
Woodard, William, Jr. a/k/a Junior Woodard v. State of Mississippi
Attala Circuit Court; LC Case#: 980050CR; Ruling Date: 09/17/1998; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Diaz, J. Disposition: The judgment of the Attala County Circuit Court of conviction on Count I of aggravated assault and a sentence of twenty years; and Count II of possession of firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections is affirmed. Attala County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. Dissenting Opinion: Irving, J.
Diaz, Oliver E., Jr.
X
1999-KA-00166-COA
McNulty, Darryl v. State of Mississippi
Jefferson Circuit Court; LC Case#: 98-4KR; Ruling Date: 10/06/1998; Ruling Judge: Lamar Pickard; Majority Opinion: Diaz, J. Disposition: The judgment of the Jefferson County Circuit Court of conviction of robbery and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. Jefferson County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.
McMillin, Roger H., Jr.
XX
1998-CA-01020-COA
Weathersby Chevrolet Co., Inc. v. Redd Pest Control Co., Inc.
Madison Circuit Court; LC Case#: CI960160; Ruling Date: 03/18/1998; Ruling Judge: W. Hines; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Sunflower County on change of venue from Madison County is reversed and rendered. Appellee taxed with costs of appeal. Votes: Southwick, P.J., Irving, J., Moore, J., Thomas, J., Concur. Payne, J., Not Participating. Dissenting Opinion: Diaz, J. Votes: King, P.J., Bridges, J., Lee, J., Join.
McMillin, Roger H., Jr.
X
1998-KA-01791-COA
Stamper, Rodney a/k/a Rodney Dewayne Stamper v. State of Mississippi
Newton Circuit Court; LC Case#: 98CR0002; Ruling Date: 12/10/1998; Ruling Judge: Marcus Gordon; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Newton County of conviction of manslaughter and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. Newton County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.
EN BANC
XXX
96-CA-00692-COA
Accu-Fab & Construction, Inc., and Roy Anderson Corporation v. Richard G. Ladner, Deceased, by and through Beverly Ladner, his widow, as his personal representative
Jackson Circuit Court; LC Case#: CI940180; Ruling Date: 04/16/1995; Ruling Judge: Kathy Jackson; Majority Opinion: Lee, J. Disposition: On motions for rehearing, the original opinions are withdrawn and these opinions substituted. The judgment of the Jackson County Circuit Court is affirmed. Anderson and Accu-Fab are equally taxed with costs of appeal. Votes: Bridges, J., Diaz, J., Payne, J., Thomas, J., Concur. Moore, J., Not Participating. Dissenting Opinion: McMillin, C.J. Votes: Southwick, P.J., Joins. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: King, P.J., Joins. Disposition: Motions for rehearing granted.
EN BANC
XX
97-KA-01019-COA
Walls, Ronald J. a/k/a Ronald Joseph Walls v. State of Mississippi
Lafayette Circuit Court; LC Case#: LK96106; Ruling Date: 01/08/1997; Ruling Judge: R. Coleman; Majority Opinion:McMillin, C.J. Disposition: On Motion for Rehearing, the original opinion is withdrawn and the following is substituted. The judgment of the Lafayette County Circuit Court of conviction of aggravated assault is reversed and remanded for a new trial at which, in the event of a conviction, the defendant may not be sentenced as a habitual offender under Section 99-19-81 of the Mississippi Code based on the two previous felony convictions set out in the indictment. Lafayette County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Diaz, J., Irving, J., Thomas, J., Concur. Lee, J., Concur in Part. Moore, J., Not Participating. Dissenting Opinion: Bridges, J. Votes: Payne, J., Joins. Lee, J., Joins in Part. Disposition: Motion for rehearing granted.
EN BANC
XX
97-CA-01547-COA
Cox, David M., Paul D. Eavenson and Gulf Forestry Associates, Inc. v. F-S Prestress, Inc.
Forrest Chancery Court; LC Case#: 54869; Ruling Date: 11/17/1997; Ruling Judge: Johnny Williams; Majority Opinion:King, P.J. Disposition: On Motion for Rehearing, the original opinion is withdrawn and this opinion is substituted. Southwick, P.J., dissents to denial of Motion for Rehearing with separate written opinion. The judgment of the Chancery Court of Forrest County is affirmed. Statutory penalties and interest are awarded. Appellants taxed with costs of appeal. Votes: Diaz, J., Payne, J., Thomas, J., Concur. Irving, J., Dissents Without Separate Written Opinion. Bridges, J., Moore, J., Not Participating. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Lee, J., Join. Disposition: Motion for Rehearing is denied. McMillin, C.J., Southwick, P.J., Irving and Lee, JJ., would grant.
EN BANC
X 98-CA-00753-COA
Elliott, W. Mac v. Martha Janelle Rogers
Hinds Chancery Court 1st District; LC Case#: G941859; Ruling Date: 02/26/1998; Ruling Judge: William Singletary; Consolidated With 1998-CA-01674-COA W. Mac Elliott v. Martha Janelle Rogers; Hinds Chancery Court 1st District; LC Case#: G941859; Ruling Date: 11/02/1998; Ruling Judge: William Singletary; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. Statutory damages and interest are to be paid on the $133,714.96 awarded by the trial court. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur. Diaz, J., Not Participating.