02/18/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
XX  2013-CA-00041-COA

James Loftin v. Jefferson Davis County School District; Jefferson Davis Chancery Court; LC Case #: 12-0094; Ruling Date: 06/19/2012; Ruling Judge: Joe Walker; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Jefferson Davis County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: Carlton, J. Votes: Irving, P.J., Joins This Opinion.

Edward Robertson v. State of Mississippi; Pike Circuit Court; LC Case #: 12-044-PCS; Ruling Date: 08/16/2012; Ruling Judge: David Strong, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pike County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Jack R. Darden, By and Through Jewell J. Darden, and Gloria S. Darden, John Floyd, MD, Raymond W. Banker, C. J. Mitchell a/k/a C. J. Mitchell, Jr., Jim Greeley a/k/a Frank James Greely, Water Fall Hunting Club Represented by James R. Robert, Jr., Rax Hunting Club #1 Represented by Ed Plaisance, Church Point Hunting Club Represented by Phillip Gremillion, Leonard Allred, Chester Allred, June Cooper and Lyman Jones v. Board of Supervisors, Wilkinson County, Mississippi; Wilkinson Circuit Court; LC Case #: 2010-0155; Ruling Date: 11/07/2012; Ruling Judge: Lillie Sanders; Majority Opinion: Maxwell, J. Disposition: The judgment of the Wilkinson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Willie Kinzie v. Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Donald Smith, Nikki Daggins, Ray Faja and Staffmark Investment, LLC; Hinds Circuit Court 1st District; LC Case #: 251-10-901CIV; Ruling Date: 07/05/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Concurs in Result Only Without Separate Written Opinion. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Christopher Brown a/k/a Christopher Darnell Brown v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0116; Ruling Date: 07/17/2012; Ruling Judge: Charles Webster; Majority Opinion: Carlton, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Count I, leaving the scene of an accident resulting in injury or death, and sentence of three years, with two years of post-release supervision, and to pay a $500 fine; Count II, driving with a suspended license, and sentence of six months, and to pay a $350 fine; and Count III, failure to maintain insurance, and sentence to pay a $350 fine; with the sentences in Counts I and II to run concurrently in the custody of the Mississippi Department of Corrections; and with the fines in Counts II and III to be imposed concurrently; is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Billy J. Fields v. City of Clarksdale, Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-07-0105; Ruling Date: 05/26/2011; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Coahoma County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Cortez D. Washington a/k/a Cortez Washington v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-667-01 WAG; Ruling Date: 04/09/2012; Ruling Judge: William Gowan, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of one count of armed robbery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with ten years suspended and five years of supervised probation is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Debra Ludwig a/k/a Debra Ann Ludwig a/k/a Debbie Ann Lumpkin v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2012-210 GCD; Ruling Date: 09/06/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Perry Investment Group, LLC v. CCBCC Operations, LLC d/b/a Laurel Coca-Cola Bottling Co., CCBCC, Inc. d/b/a Laurel Coca-Cola Bottling Co. and Hudson's Dirt Cheap, LLC; Jones Circuit Court 2nd District; LC Case #: 2010-113-CV11; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Jones County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Leflore County Board of Supervisors and Mississippi Public Entity WC Trust v. Marlin E. Golden, Jr.; LC Case #: 09-10985-K-9203; Ruling Date: 03/25/2013; Majority Opinion: Roberts, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Donna Sue Cates v. William W. Woods, III d/b/a Family and Preventive Dentistry; Lauderdale Circuit Court; LC Case #: 10-CV-071(W); Ruling Date: 05/30/2012; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00,286(3); Ruling Date: 01/05/2012; Ruling Judge: Dale Harkey; Consolidated with 2012-CP-00926-COA Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,042(3); Ruling Date: 05/25/2012; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Lee, C.J., Barnes and James, JJ., would grant.

Tazarius Cooper a/k/a T.C. v. State of Mississippi; Washington Circuit Court; LC Case #: 2011-0044; Ruling Date: 02/17/2012; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied.

Christopher S. Sobrado a/k/a Christopher Steven Sobrado a/k/a Chris v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV11-280-P-PO; Ruling Date: 04/09/2012; Ruling Judge: Paul Funderburk; Disposition: On the Court's own motion, rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Pontotoc County Circuit Court dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Pontotoc County. See opinion rendered.

Christopher S. Sobrado a/k/a Christopher Steven Sobrado a/k/a Chris v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV11-280-P-PO; Ruling Date: 04/09/2012; Ruling Judge: Paul Funderburk; Majority Opinion: Roberts, J. Disposition: The judgment of the Pontotoc County Circuit Court dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Pontotoc County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Joseph Jones v. Imperial Palace of Mississippi, LLC; Harrison Circuit Court 2nd District; LC Case #: A2402-07-161; Ruling Date: 02/23/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Caron D. Crowell v. Harvey Burchfield; Bolivar Circuit Court 2nd District; LC Case #: 2007-0029; Ruling Date: 03/06/2012; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. James, J., would grant. Maxwell, J., not participating.

William C. Jackson a/k/a William Christopher Jackson a/k/a William Jackson v. State of Mississippi; Clarke Circuit Court; LC Case #: 2010-116; Ruling Date: 07/19/2012; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied.