Mississippi Court of AppealsHand Down List
June 12, 2007
06/12/2007 - Hand Down and published opinions in WordPerfect/ZIP format
Carlton, Virginia Carter
X 2006-KA-00011-COA
Billy Bailey v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: 04-034A; Ruling Date: 10/06/2005; Ruling Judge: Henry Lackey; Majority Opinion: Carlton, J. Disposition: The judgment of the Chickasaw County Circuit Court of conviction of possession of methamphetamine and sentence of twenty-four years in the custody of the Mississippi Department of Corrections, pay a $10,000 fine, and $100 to the Crime Victim's Compensation Fund, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.
Ishee, David Michael
X 2006-KA-00927-COA
Eugene Hart a/k/a Earl Hart v. State of Mississippi; Rankin Circuit Court; LC Case #: 14,479; Ruling Date: 04/26/2006; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of burglary of a dwelling house and sentence of twenty-five years 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, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.
Ishee, David Michael
X 2006-KA-01057-COA
James Watts, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2006-0046; Ruling Date: 05/31/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of burglary of a dwelling and a sentence of ten years of imprisonment with five years to serve and five years suspended in the custody of the Mississippi Department of Corrections is affirmed. All cost of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.
Griffis, T. Kenneth
XX 2005-CA-00436-COA
Paul M. Marshall v. Sharon R. Marshall; Warren Chancery Court; LC Case #: 2003-278GN; Ruling Date: 02/18/2005; Ruling Judge: Vicki Barnes; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Barnes, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only. Lee, P.J., dissents with separate written opinion, joined by Irving, Chandler and Ishee, JJ. Dissenting Opinion: Lee, P.J. Votes: Irving, Chandler and Ishee, JJ., join this opinion.
Griffis, T. Kenneth
X 2006-CP-00808-COA
Walter Henley v. Christopher Epps and Clark Kent; Sunflower Circuit Court; LC Case #: 2006-0028-M; Ruling Date: 04/17/2006; Ruling Judge: W. Hines; Majority Opinion: Griffis, J. Disposition: The judgment of the Sunflower County Circuit Court is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Chandler, David Anthony
X 2006-KA-00244-COA
Lucretia Antoinette White v. State of Mississippi; Lincoln Circuit Court; LC Case #: 05-50; Ruling Date: 09/19/2005; Ruling Judge: Michael Taylor; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lincoln County of aggravated assault and sentence of fifteen years, with five years suspended, ten years to serve, and five years of post-release supervision, to pay a fine of $2,500 and restitution of $4,639.81 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, Roberts and Carlton, JJ., concur.
Chandler, David Anthony
X 2006-CP-00729-COA
Travis Shanks v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2006-40; Ruling Date: 04/05/2006; Ruling Judge: Lamar Pickard; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Claiborne County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Claiborne County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Irving, Tyree
X 2006-CP-00543-COA
Terence Truitt a/k/a Terence Dontae Mozley Truitt v. State of Mississippi; Warren Circuit Court; LC Case #: 06-0049-CI-P; Ruling Date: 03/06/2006; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Warren County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Lee, L. Joseph
X 2006-WC-01681-COA
Adolphe Lafont USA, Inc., Legion Insurance Company and The Mississippi Guaranty Association v. Earmie Ayers; Copiah Circuit Court; LC Case #: 2006-0087; Ruling Date: 08/31/2006; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Copiah County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants.
Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
EN BANC
XX 2002-KP-00798-COA
James Wesley Scott v. State of Mississippi; Forrest Circuit Court; LC Case #: 00-172CR; Ruling Date: 09/06/2001; Ruling Judge: Richard McKenzie; Majority Opinion: Roberts, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is reversed and remanded for a new trial. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion, joined by Myers, P.J. Dissenting Opinion: Carlton, J. Votes: Myers, P.J., joins this opinion.
EN BANC
2004-KA-02525-COA
Henry Lonzo Boone, III v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,661(1); Ruling Date: 08/20/2004; Ruling Judge: Robert Krebs; Disposition: The appellant's motion for rehearing is denied. Ishee and Carlton, JJ., not participating. Order entered.
EN BANC
2005-CC-01965-COA
O & J Loading Service, LLC v. Mississippi Employment Security Commission; Hinds Circuit Court 1st District; LC Case #: 251-04-354CIV; Ruling Date: 09/13/2005; Ruling Judge: Winston Kidd; Disposition: The appellant's motion for rehearing is denied. Barnes and Carlton, JJ., not participating. Order entered.
EN BANC
2006-CC-00212-COA
Greenwood Public School District v. Mississippi Department of Employment Security; Leflore Circuit Court; LC Case #: 2005-0109-CICI; Ruling Date: 11/02/2005; Ruling Judge: Richard Smith; Disposition: The appellant's motion for rehearing is denied. Barnes, Roberts, and Carlton, JJ., would grant. Order entered.
EN BANC
2006-WC-00493-COA
Casino Magic and Zurich American Insurance Company v. Dixie Nelson; Hancock Circuit Court; LC Case #: A-2301-04-0416; Ruling Date: 03/08/2006; Ruling Judge: Jerry Terry, Sr.; Disposition: The appellants' motion for rehearing is denied. Carlton, J., not participating. Order entered.
EN BANC
X 2006-CP-01089-COA
Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-183(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01090-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-121(R); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01091-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-182(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, J. Disposition: The judgment of the Lauderdale County Circuit Court denying post-conviction relief in Cause No. 2006-CP-1089, dismissing post-conviction relief in Cause No. 2006-CP-1090, and denying post-conviction relief in Cause No. 2006-CP-1091 is affirmed. All costs of these appeals are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Carlton, JJ., concur. Irving and Roberts, JJ., not participating.