06/11/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2011-CA-00776-COA

Wyman Bradley and Gloria Jerone Bradley v. Kelley Brothers Contractors, Inc., Gregory Revette and Clyde Revette; Wayne Circuit Court; LC Case #: CV-2008-140-B; Ruling Date: 05/04/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Wayne 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 and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Meika DeSean Britton a/k/a M. DeSean Britton a/k/a Meika D. Britton a/k/a Meike Britton a/k/a Meika Britton v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-395GCD; Ruling Date: 02/29/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Maxwell, 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, Roberts, Carlton, Fair and James, JJ., Concur.

Bruce Allen Rankin v. Averitt Express, Inc. (A Self-Insured); Mississippi Workers' Compensation Commission; LC Case #: 1001712-K-5251; Ruling Date: 03/16/2012; 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.

Lutie Jordan a/k/a Lutie Jordan Jr. v. State of Mississippi; Walthall Circuit Court; LC Case #: 2011-261-S; Ruling Date: 04/02/2012; Ruling Judge: David Strong, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Walthall County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Walthall County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Anita Carol Pearson a/k/a Carol Pearson a/k/a Anita Pearson v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2009-311P; Ruling Date: 08/19/2011; Ruling Judge: Henry Lackey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pearl River County of conviction of conspiracy to intimidate a witness and sentence of five years in the custody of the Mississippi Department of Corrections, with two years to serve, with the first year to be served on house arrest and, upon successful completion of one year of house arrest, the second year to be served on post-release supervision, and the remaining three years to be suspended upon meeting the terms and conditions of post-release supervision, 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, Fair and James, JJ., Concur.

Kenneth Glynn Dorsey a/k/a Kenneth Glyn Dorsey a/k/a Kenneth G. Gorsey v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2011-169; Ruling Date: 12/01/2011; Ruling Judge: John Emfinger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Madison County dismissing the motion for post-conviction relief 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, Fair and James, JJ., Concur.

Eaton Corporation and Old Republic Insurance Company v. Bobby Brown; Mississippi Workers' Compensation Commission; LC Case #: 0711744-J-8902; Ruling Date: 05/02/2012; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally between the appellants and the appellee. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Penny Wilson v. Gregory Wilson; Hinds Chancery Court 1st District; LC Case #: G2009-1850 O/3; Ruling Date: 03/25/2011; Ruling Judge: Denise Owens; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Raphael Flowers v. State of Mississippi; Leflore Circuit Court; LC Case #: 2010-0277-CICR; Ruling Date: 04/07/2011; Ruling Judge: W. Hines; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Leflore County of conviction of sexual battery and sentence of fifty-five years and six months in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion.

Deon S. Ballard v. State of Mississippi; Rankin Circuit Court; LC Case #: 2009-131-C; Ruling Date: 02/08/2012; Ruling Judge: William Chapman, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Rankin County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion.

Allan Arthur Aranyos v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0290CD; Ruling Date: 02/14/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. James, J., not participating.

Barbara Lewis, Individually, as Administratrix for The Estate of R. J. Lewis, and on Behalf of The Wrongful Death Beneficiaries for The Estate of R. J. Lewis v. Forest Family Practice Clinic, P.A. and John Paul Lee, M.D.; Scott Circuit Court; LC Case #: 10-CV-186-SC-C; Ruling Date: 05/23/2011; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied. Griffis, P.J., and Carlton, J., would grant. Fair and James, JJ., not participating.

Kenneth G. Haik and Diana W. Haik v. James D. Gammill, Britton D. Gammill, John T. Ball, Eileen Ball and The Estate of Reuben Lee Harper, Jr.; Adams Chancery Court; LC Case #: 2008-599; Ruling Date: 07/22/2011; Ruling Judge: Joe Walker; Disposition: The motion for rehearing is denied. James, J., not participating.

Pinkie Pulliam a/k/a Pinky Pulliam a/k/a Pinky Pullum v. State of Mississippi; Union Circuit Court; LC Case #: CR2009-216; Ruling Date: 06/28/2011; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. James, J., not participating.

Earnest Stribling v. Rushing's, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-10-64CIV; Ruling Date: 06/17/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. James, J., not participating.

Century Construction Company, LLC v. BancorpSouth Bank, a Mississippi Banking Corporation; Lafayette Circuit Court; LC Case #: L08-304; Ruling Date: 11/10/2011; Ruling Judge: John Gregory; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lafayette County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Barnes, Ishee, Roberts and Fair, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Irving and Griffis, P.JJ., and James, J. Maxwell, J., Not Participating. Dissenting Opinion: Carlton, J. Votes: Irving and Griffis, P.JJ., and James, J., Join This Opinion.

R.L. Rogers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-10-969; Ruling Date: 04/21/2011; Ruling Judge: Lisa Dodson; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of Count I, armed robbery, and sentence as a habitual offender of twenty-three years, and Count II, unlawful possession of a firearm by a convicted felon, and sentence as a habitual offender of ten years, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Barnes, J. Concurring in Part and Dissenting in Part Opinion: Irving, P.J. Votes: Barnes, J., Joins This Opinion.