02/07/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2004-KA-01306-COA

Rufus Darwn McFadden, II v. State of Mississippi; Leake Circuit Court; LC Case #: 04-CR-034-LE-G; Ruling Date: 05/11/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Southwick, J., not participating.

Andre Charles Cabrere v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR-2004-124-LP2; Ruling Date: 10/25/2004; Ruling Judge: Ann Lamar; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Panola County of conviction of robbery and sentence of seven years' imprisonment, sentence to run consecutively with all sentences previously imposed, all in the custody of the Mississippi Department of Corrections, followed by five years' post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Ishee, JJ., concur. Southwick and Roberts, JJ., not participating.

Penelope Ann Payne v. Max D. Whitten; Tate Circuit Court; LC Case #: CV2002-327-B/T; Ruling Date: 06/14/2004; Ruling Judge: Andrew Baker; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Tate County is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Chandler, Barnes and Ishee, JJ., concur. Southwick and Roberts, JJ., not participating. Dissenting Opinion: Griffis, J. Votes: Lee, P.J. and Irving, J., join this opinion.

Timothy Roach a/k/a Timothy K. Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-385; Ruling Date: 10/12/2000; Ruling Judge: James Graves, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of breaking and entering and sentence of twenty-five years in the custody of the Mississippi Department of Corrections as an habitual offender, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Southwick, J., not participating.

Andrew Kimble v. State of Mississippi; Leake Circuit Court; LC Case #: 04-CR-008-LE-G; Ruling Date: 05/13/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Leake County of conviction of aggravated assault and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Southwick, J., not participating.

R. W. Aiken Insurance Agency, Inc. v. Seven Oaks Capitol Corporation; Hinds Circuit Court 1st District; LC Case #: 251-99-001080-CIV; Ruling Date: 06/29/2004; Ruling Judge: Tomie Green; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Southwick and Griffis, JJ., not participating.

Lexington Insurance Company v. Charles Buckley; Covington Chancery Court; LC Case #: 02-372; Ruling Date: 04/10/2003; Ruling Judge: J. Buffington; Consolidated with 2003-CA-02183-COA Lexington Insurance Company v. Charles Buckley; Covington Chancery Court; LC Case #: 02-372; Ruling Date: 09/15/2003; Ruling Judge: J. Buffington; Disposition: Appellee's motion for rehearing is denied. Southwick, Irving and Roberts, JJ., not participating.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Disposition: Appellee's motion for rehearing is denied. Southwick and Roberts, JJ., not participating.

Lexington Insurance Company v. Charles Buckley; Covington Chancery Court; LC Case #: 02-372; Ruling Date: 09/15/2003; Ruling Judge: J. Buffington; Consolidated with 2003-CA-01249-COA Lexington Insurance Company v. Charles Buckley; Covington Chancery Court; LC Case #: 02-372; Ruling Date: 04/10/2003; Ruling Judge: J. Buffington; Disposition: Appellee's motion for rehearing is denied. Southwick, Irving and Roberts, JJ., not participating.

International Paper Company v. James Alvin Townsend; Sharkey Circuit Court; LC Case #: 01-079; Ruling Date: 06/12/2003; Ruling Judge: Frank Vollor; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Sharkey County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Ishee and Roberts, JJ., concur. Irving, J., dissents without separate written opinion.

Southland Enterprises, Inc. v. Newton County, Mississippi; Newton Circuit Court; LC Case #: 00-CV-047-NW; Ruling Date: 12/11/2003; Ruling Judge: V. Cotten; Majority Opinion: Griffis, J. Disposition: The judgment of the Newton County Circuit Court is affirmed in part on and reversed and remanded in part on direct appeal and affirmed on cross-appeal. Statutory interest is awarded consistent with this opinion. All costs of this appeal are assessed in equal parts to the appellant and the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ., concur. Southwick and Roberts, JJ., not participating.

Fresenius Medical Care and Continental Casualty Company v. Stella L. Woolfolk, Deceased, by and through her heir-at-law, Glen Woolfolk; Yazoo Circuit Court; LC Case #: 2003-CI-80; Ruling Date: 03/17/2004; Ruling Judge: Jannie Lewis; Disposition: Appellee's motion for rehearing is denied. Southwick and Roberts, JJ., not participating.

Eugene Davis v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-0084CR; Ruling Date: 02/06/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating.

Donnifer Peters v. State of Mississippi; Walthall Circuit Court; LC Case #: 2003-100-B; Ruling Date: 05/14/2004; Ruling Judge: Mike Smith; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Walthall County of conviction of burglary and sentence of seven years and possession of burglary tool and sentence of five years, in the custody of the Mississippi Department of Corrections with sentences to run consecutively, pay restitution to Walthall County and fine of $10,000, is affirmed. All costs of this appeal are assessed to Walthall County. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. King, C.J., concurs in result only.

Anthony Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2004-0093RD; Ruling Date: 06/01/2004; Ruling Judge: George Ready; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating.

Southern Win-Dor, Inc. v. RLI Insurance Company; Greene Circuit Court; LC Case #: 99-12-0129(I); Ruling Date: 06/30/2004; Ruling Judge: Dale Harkey; Disposition: Appellant's motion for rehearing is denied. Chandler and Griffis, JJ., would grant. Southwick and Roberts, JJ., not participating.

Paul A. Farrish v. State of Mississippi; Copiah Circuit Court; LC Case #: 2003-0687; Ruling Date: 08/06/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Copiah County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Southwick, J., not participating.

Mill Creek Properties, Inc. and By-Pass Properties, LLC f/k/a PS-BS, LLC v. City of Columbia, Mississippi; Marion Circuit Court; LC Case #: E2004-0092; Ruling Date: 10/22/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Marion County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ., concur. Southwick and Roberts, JJ., not participating.

Raymond Jones v. State of Mississippi; Grenada Circuit Court; LC Case #: 2004-0526CVM; Ruling Date: 12/03/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Grenada County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ., concur. Southwick and Roberts, JJ., not participating.