Mississippi Court of Appeals

Hand Down Lists
February 11, 1997

02/11/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Mary Libby Payne, J.
U 94-KA-00089-COA

Keyes, Stevie a/k/a Stevie Keys v. State of Mississippi Appeal No. 932046 from Judgment dated DECEMBER 15, 1993, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of aggravated assault and sentence of twenty years as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County. Herring, J., not participating.


Roger H. McMillin, Jr., P.J.
U 94-KA-00005-COA

Freeman, David v. State of Mississippi Appeal No. 2146 from Judgment dated NOVEMBER 12, 1993, Madison County Circuit Court; The judgment of the Madison County Circuit Court of conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Madison County. King, J., concurs in result only. Herring, J., not participating.


Roger H. McMillin, Jr., P.J.
U 95-CA-00635-COA

Edwards, Mildred and Annie Mae Flemings v. Harry L. Dunnigan and Sandra Dunnigan Appeal No. S9408161 from Judgment dated MAY 12, 1995, Panola County Chancery Court, First Judicial District; The judgment of the Chancery Court of Panola County in favor of Harry and Sandra Dunnigan is affirmed in part and reversed in part. This case is remanded for further proceedings consistent with this opinion. Costs are divided equally between the parties. Herring, J., not participating.


Thomas A. Coleman, J.
UU 93-CA-00860-COA

Dickson, Johnny L. v. Jitney Jungle Stores of America, Inc. Appeal No. 9169490 from Judgment dated MAY 19, 1993, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant, Johnny L. Dickson. Bridges, C.J., dissents with separate written opinion joined by Diaz and Payne, JJ. Herring, J., not participating.


Thomas A. Coleman, J.
U 94-KA-00001-COA

Walters, Jason A. v. State of Mississippi Appeal No. 1444 from Judgment dated DECEMBER 17, 1993, Jones County Circuit Court, First Judicial District; The Jones County Circuit Court's judgment of appellant's guilt of felony DUI and its sentence of appellant to serve five years in the state penitentiary, with four years suspended, leaving one year to serve, and the payment of a fine of $2,000 and all court costs upon release from custody of the Mississippi Department of Corrections are affirmed. Costs are assessed to appellant. Herring, J., not participating.


Thomas A. Coleman, J.
U 94-CA-00450-COA

Mississippi Transportation Commission v. Danny W. Yelverton and Wife, Kathy J. Yelverton, Owners; Home Savings Association of Kansas City, Missouri, Assignee and Beneficiary; George V. Kinney, Co-Trustee; John C. Woolley, Co-Trustee Appeal No. 7992 from Judgment dated APRIL 06, 1994, DeSoto County Special Court of Eminent Domain; The judgment of the DeSoto County Special Court of Eminent Domain is affirmed. Costs are assessed to appellant. Herring, J., not participating.


Thomas A. Coleman, J.
U 95-CA-00142-COA

E.A.V.H., IN THE MATTER OF THE ADOPTION OF: G.M.V.H. and W.A.V.H. v. S.B.N. and J.J.N., Jr. Appeal No. 1035 from Judgment dated JANUARY 19, 1995, Pearl River County Chancery Court; The final judgment of adoption of the Chancery Court of Pearl River County is affirmed. Costs of this appeal are assessed to the appellants. Herring, J., not participating.


Billy G. Bridges, C. J.
U 94-KA-00281-COA

Bryant, Jr., Adolph a/k/a Sonny Man a/k/a Sonny a/k/a Ace v. State of Mississippi Appeal No. 35012 from Judgment dated FEBRUARY 17, 1994, Lawrence County Circuit Court; The judgment of the Lawrence County Circuit Court of conviction on Count I of possession of marijuana with intent to distribute and sentence of ten years; Count II of possession of cocaine with intent to distribute and sentence of twenty years, all in the custody of the Mississippi Department of Corrections is affirmed. Sentence in Count II is to run consecutively to sentence imposed in Count I. Lawrence County is taxed with all costs of this appeal. Herring, J., not participating.


Billy G. Bridges, C. J.
U 95-CA-00922-COA

Willis, Ralph Todd v. Lisa J. Willis Appeal No. 54168 from Judgment dated AUGUST 02, 1995, Washington County Chancery Court; The judgment of the Washington County Chancery Court is reversed and remanded in part and affirmed in part, with all costs taxed to the appellant. Herring, J., not participating.


Billy G. Bridges, C. J.
U 95-CA-01285-COA

Chism, William Terry v. Charlene Clark Appeal No. 52414 from Judgment dated OCTOBER 24, 1995, Washington County Chancery Court; The judgment of the Washington County Chancery Court holding William Terry Chism in contempt and sentencing him to sixty days in the Washington County Jail is reversed and remanded in part and affirmed in part with all costs taxed to the appellant. Herring, J., not participating.


Billy G. Bridges, C. J.
95-CA-01290-COA

Bunch, Jerry D. d/b/a Jerry D. Bunch and Son Logging and Billy R. Brewer v. Rachel P. Collard Appeal No. 7049 from Judgment dated OCTOBER 25, 1995, Smith County Circuit Court; DISPOSITION - Motion to Dismiss Appeal granted. Appellants are taxed with all costs of appeal. Order entered.


Frank D. Barber, J.
U 94-KA-00075-COA

DelToro, Jose Luis a/k/a Jose Louis DelToro v. State of Mississippi Appeal No. 868 from Judgment dated JANUARY 12, 1994, Franklin County Circuit Court; The judgment of the Circuit Court of Franklin County of conviction of the possession of more than one kilogram of a controlled substance with the intent to distribute and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Franklin County. McMillin, P.J., concurs in result only. Herring, J., not participating.


Frank D. Barber, J.
U 94-KA-00617-COA

Rahaim, Thomas Alexander a/k/a Tommy Rahaim v. State of Mississippi Appeal No. 1668 from Judgment dated JUNE 23, 1994, Stone County Circuit Court; The judgment of the Stone County Circuit Court of conviction of felony driving under the influence and sentence of seven (7) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against appellant. Thomas, P.J., and Herring, J., not participating.


EN BANC
93-KA-00586-COA

Smith, Clyde Wendell and Jerome "Pete" Smith v. State of Mississippi Appeal No. 4698 from Judgment dated APRIL 22, 1993, Humphreys County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
93-KA-00946-COA

Parker, Dick a/k/a Willie D. Parker v. State of Mississippi Appeal No. CK93051 from Judgment dated AUGUST 10, 1993, Calhoun County Circuit Court; (consolidated with) 93-KA-01020-COA Dick Parker a/k/a Willie D. Parker v. State of Mississippi; Appeal No. CK93051 from Judgment dated AUGUST 13, 1993, Calhoun County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Motion to proceed in forma pauperis dismissed as moot. Order entered.


EN BANC
93-KA-01020-COA

Parker, Dick a/k/a Willie D. Parker v. State of Mississippi Appeal No. CK93051 from Judgment dated AUGUST 13, 1993, Calhoun County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Motion to proceed in forma pauperis dismissed as moot. Order entered. (consolidated with) 93-KA-01020-COA Dick Parker a/k/a Willie D. Parker v. State of Mississippi


EN BANC
UU 93-KA-01338-COA

Pisarich, Joseph Gasper a/k/a Joey Pisarich v. State of Mississippi Appeal No. 27341 from Judgment dated AUGUST 11, 1993, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of sexual battery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to appellant. Payne, Barber, Coleman, and King, JJ., concur. McMillin, P.J., concurs with separate written opinion joined by Bridges, C.J., and Southwick, J. Thomas, P.J., Diaz and Herring, JJ., not participating.


EN BANC
94-KA-00039-COA

Owen, Danny v. State of Mississippi Appeal No. 93238 from Judgment dated NOVEMBER 19, 1993, Lee County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
94-KA-00203-COA

Levy, Marlon v. State of Mississippi Appeal No. 4519 from Judgment dated FEBRUARY 23, 1994, Scott County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
94-KA-00205-COA

Patrick, Christopher Dean v. State of Mississippi Appeal No. 4526 from Judgment dated FEBRUARY 25, 1994, Scott County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
94-CA-00221-COA

Striebeck, Ruth Ann v. John Howard Provenza Appeal No. 54364 from Judgment dated FEBRUARY 03, 1994, Washington County Chancery Court; (consolidated with) 94-CA-00421-COA Ruth Ann Striebeck v. John Howard Provenza; Appeal No. 49455 from Judgment dated FEBRUARY 10, 1994, Washington County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Bridges, C.J., and King, J., not participating.


EN BANC
94-CA-00241-COA

Drexler, Theresa M., as Mother and Next Friend of Allana Drexler, a minor v. John P. Smith, Jr. and Genevia C. Smith Appeal No. 91261 from Judgment dated JANUARY 28, 1994, DeSoto County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered; (consolidated with) 94-CA-00221-COA Appeal No. 49455 from Judgment dated FEBRUARY 10, 1994, Washington County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Bridges, C.J., and King, J., not participating.


EN BANC
94-KA-00559-COA

McQueen, Glenn C. v. State of Mississippi Appeal No. 4260 from Judgment dated JUNE 06, 1994, Rankin County Circuit Court; DISPOSITION - Motion to dismiss motion for rehearing granted. Order entered.


EN BANC
94-CA-00930-COA

Smith, Mattie and North Mississippi Rural Legal Services v. Oxford School District Appeal No. 93310 from Judgment dated NOVEMBER 12, 1993, Lafayette County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
U 94-KA-00960-COA

McAfee, Robert a/k/a Robert Simpson McAfee v. State of Mississippi Appeal No. 8450 from Judgment dated AUGUST 10, 1994, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court of conviction on Count I of murder and sentence of life imprisonment with sentence to run consecutively to any and all previously imposed sentences; Count II of manslaughter and sentence of twenty years with twenty years suspended, with suspension to commence after defendant serves sentence in Count I, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Coahoma County. Herring, J., not participating.


EN BANC
94-KA-01149-COA

Jenkins, Douglas Jerome A/K/A Doug Russell v. State of Mississippi Appeal No. 93488 from Judgment dated OCTOBER 04, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
U 94-CC-01291-COA

Shutt, Gordon Keith v. Dale's Restaurant and Aetna Casualty & Surety Company Appeal No. CV94289 from Judgment dated DECEMBER 05, 1994, Lee County Circuit Court; DISPOSITION - Motion for Rehearing denied. Original opinion withdrawn and this opinion substituted therefor. Motion to Supplement Granted. Order entered. The judgment of the Lee County Circuit Court is affirmed. Statutory penalty in the amount of $629.97 is awarded to appellant. All costs of this appeal are assessed to appellee. Coleman and Herring, JJ., not participating.


EN BANC
UU 95-CA-00057-COA

Overbey, Lee v. Rachel Lee Overbey Austin Appeal No. 25725 from Judgment dated NOVEMBER 07, 1994, Leflore County Chancery Court; DISPOSITION - Motion for rehearing granted. Original opinion withdrawn and this opinion substitued therefor. The judgment of the Chancery Court of Leflore County is affirmed. All costs of this appeal are assessed to the appellant. Payne, J., Bridges, C.J., McMillin and Thomas, P.JJ., Diaz, King, and Southwick, JJ., concur. Barber, J., dissents with separate written opinion joined by Coleman, J. Herring, J., not participating. Motion of appellee to strike language in reply brief denied. Order entered.


EN BANC
UU 95-CA-00911-COA

Mills, Dianne v. Lanny Byrd Appeal No. 28034 from Judgment dated JULY 18, 1995, Coahoma County Chancery court; The judgment of the Coahoma County Chancery Court is affirmed. Costs are assessed against the appellant. Barber, J., Bridges, C.J., McMillin and Thomas, P.JJ., Diaz, King, and Southwick, JJ., concur. Payne, J., dissents with separate written opinion joined by Coleman, J. Herring, J., not participating.


EN BANC
95-CA-01326-COA

Speight, Mary v. Wal-Mart Stores, Inc. Appeal No. 14651 from Judgment dated OCTOBER 25, 1995, Winston County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.


EN BANC
96-CC-00041-COA

Brooks, Doris v. Panola Mills, Inc. and The Travelers Insurance Company, a/k/a The Travelers Companies Appeal No. CV950124 from Judgment dated DECEMBER 22, 1995, Panola County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.


PER CURIAM
94-CA-00270-COA

Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser Appeal No. 9272255 from Judgment dated SEPTEMBER 03, 1993, Hinds County Circuit Court, First Judicial District; (consolidated with) 94-CA-00679-COA Abbott Laboratories v. Tilghman H. Prosser; Appeal No. 9272255 from Judgment dated JUNE 24, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Recusal of Judge Leslie Southwick denied. Order entered.


PER CURIAM
94-CA-00679-COA

Abbott Laboratories v. Tilghman H. Prosser Appeal No. 9272255 from Judgment dated JUNE 24, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Recusal of Judge Leslie Southwick denied. Order entered. (consolidated with) 94-CA-00270-COA Appeal No. 9272255 from Judgment dated SEPTEMBER 03, 1993, Hinds County Circuit Court, First Judicial District.


PER CURIAM
95-CA-00055-COA

Woods, Daron v. Caldwell Culvert Company and Charles E. Cork Appeal No. 6774 from Judgment dated NOVEMBER 22, 1994, Union County Circuit Court; DISPOSITION - Motion for amendment of mandate dismissed as moot. Order entered.


PER CURIAM
95-KA-00832-COA

Riddle, Julius a/k/a Julius Andrew Riddle v. State of Mississippi Appeal No. 8347 from Judgment dated JULY 18, 1995, Neshoba County Circuit Court; DISPOSITION - Petition for suspension of rules motion to amend and supplement pleadings denied. Order entered. Motion to consider additional error denied. Order entered.


PER CURIAM
95-KA-01042-COA

Smith, Calvin Morris v. State of Mississippi Appeal No. 9500036 from Judgment dated SEPTEMBER 07, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Waiver of Counsel denied. Order entered. Motion for Pro-Se Representation denied. Order entered.


PER CURIAM
95-KA-01102-COA

Bingham, Robert a/k/a "Scooby Dog" v. State of Mississippi Appeal No. 952258 from Judgment dated OCTOBER 09, 1995, Choctaw County Circuit Court; DISPOSITION - Bingham's pro se motion for extension of time to file motion for rehearing granted. Motion for rehearing due on or before February 12, 1997. Order entered.