06/05/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2011-CA-00035-COA

Beverly Griggs Easley v. Matthew Jason Easley; Calhoun Chancery Court; LC Case #: 2010-065-R; Ruling Date: 11/08/2010; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Calhoun County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell and Russell, JJ., Concur. Carlton, J., Concurs in Result Only. Roberts, J., Not Participating.

Dominic Gebben v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2010-61-KR2; Ruling Date: 07/21/2010; Ruling Judge: Billy Landrum; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jones County Circuit Court of conviction of Count I, cuplable-negligence manslaughter, and Count II, fleeing the scene of an accident, and sentence of twenty years for Count I and two years for Count II, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Christopher McCreary v. City of Gautier, Mississippi, Eddie Williams and Officer Derrick Welton; Jackson Circuit Court; LC Case #: 2010-00017; Ruling Date: 11/10/2010; Ruling Judge: Dale Harkey; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Russell, J., Concurs in Result Only Without Separate Written Opinion. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Billy Edwards a/k/a Billy Lee Edwards v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV-11-054-FA; Ruling Date: 02/08/2011; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Alcorn County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

Samuel Williams and Carolyn Williams v. Homecomings Financial Network, Inc.; Madison Chancery Court; LC Case #: 2008-472; Ruling Date: 02/09/2011; Ruling Judge: Janace Goree; Majority Opinion: Carlton, J. Disposition: The judgment of the Madison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Griffis, P.J., Concurs in Result Only Without Separate Written Opinion.

Eddie Longstreet d/b/a EL and GT Properties, LLC and Gary Turner d/b/a EL and GT Properties, LLC v. Bankfirst Financial Services; Clay Circuit Court; LC Case #: 2010-0019; Ruling Date: 11/12/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Clay 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, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Donald James Wilson a/k/a DJ Wilson a/k/a Donald J. Wilson a/k/a Donald Wilson v. State of Mississippi; Franklin Circuit Court; LC Case #: 10-KR-013; Ruling Date: 09/15/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Franklin County Circuit Court of conviction of armed robbery and sentence of forty years in the custody of the Mississippi Department of Correction is affirmed. All costs of this appeal are assessed to Franklin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Jerry Page and Glenda Page v. Biloxi Regional Medical Center; Harrison Circuit Court 2nd District; LC Case #: A-2402-08-87; Ruling Date: 09/23/2010; Ruling Judge: Roger Clark; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

William Howard a/k/a William C. Howard a/k/a William Christopher Howard v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0148-CV H; Ruling Date: 05/02/2011; Ruling Judge: Lee Howard; Majority Opinion: Lee, C.J. Disposition: The judgment of the Oktibbeha County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Jason Bernard Foxworth a/k/a Jason Benard Foxworth v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2006-167; Ruling Date: 11/16/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Lutricia Magee, Individually, and on Behalf of the Wrongful Death Beneficiaries of Lonnie C. Magee, Jr., Deceased v. Covington County School District, Green Tree Family Medical Clinic, PLLC d/b/a Green Tree Family Medical Associates, Joe E. Johnston, M.D., Word Johnston, M.D., Bettye Logan, F.N.P., and Covington County Hospital; Covington Circuit Court; LC Case #: 2008-45C; Ruling Date: 03/17/2010; Ruling Judge: Robert Evans; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., would grant. Fair, J., not participating. Order entered.

Lee Alexander Brooks v. State of Mississippi; Adams Circuit Court; LC Case #: 08-KR-0073; Ruling Date: 06/15/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

James M. Johnson v. E. H. Anderson, Ruby Anderson and Thomas Kohler; Harrison Chancery Court 2nd District; LC Case #: C2402-09-00678; Ruling Date: 07/07/2010; Ruling Judge: Margaret Alfonso; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Terry Fleming v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4838(1-2); Ruling Date: 08/26/2010; Ruling Judge: S. Harrison; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Jaire T. Pierce, Jr. a/k/a Jairie T. Pierce, Jr. a/k/a Jairie Theodore Pierce, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2010-34-M-T; Ruling Date: 09/20/2010; Ruling Judge: James McClure, III; Disposition: The motion for rehearing is denied. Order entered.

Willie Lee Madden, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2010-00219; Ruling Date: 11/18/2010; Ruling Judge: John Gargiulo ; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.