06/12/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2011-KA-00161-COA

Dondrego Bolton v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2010-0612; Ruling Date: 12/01/2010; Ruling Judge: W. Yerger; Majority Opinion: Maxwell, J. Disposition: The judgment of conviction of burglary of a dwelling 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 Hinds County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Robert Boyd a/k/a Robert Ellis Boyd a/k/a Bo Diddly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0217-CRK; Ruling Date: 03/04/2011; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of felony shoplifting, third offense, and sentence as a habitual offender to five years 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 Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Robert E. Hughes a/k/a Robert Hughes a/k/a Robert Earl Hughes v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 05-05-033; Ruling Date: 05/13/2011; Ruling Judge: William Gowan, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motions for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Ferlando Esco v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2010-0261-C; Ruling Date: 03/07/2011; Ruling Judge: William Chapman, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Madison County denying 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., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

Will Robertson Brown v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,123(1); Ruling Date: 05/24/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving, P.J., Barnes and Russell, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Roberts, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Griffis, P.J., Maxwell and Fair, JJ. Concurring in Part and Dissenting in Part Opinion: Roberts, J. Votes: Griffis, P.J., Maxwell and Fair, JJ., Join This Opinion.

Rondell White, Sr. a/k/a Rondell White and Cherrelle Jones a/k/a Cherrele Jones v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2010-30KR; Ruling Date: 11/04/2010; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Jefferson County Circuit Court of conviction of Rondell White Sr. of felony child neglect and sentence of ten years in the custody of the Mississippi Department of Corrections with eight years to serve, two years suspended, and two years of post-release supervision, is affirmed. The judgment of the Jefferson County Circuit Court of conviction of Cherrelle Jones of felony child neglect and sentence of ten years in the custody of the Mississippi Department of Corrections with four years to serve, six years suspended, and six years of post-release supervision, is affirmed. All costs of this appeal are assessed to Jefferson County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

David Hawkins v. State of Mississippi; Leflore Circuit Court; LC Case #: 2009-0068-CICR; Ruling Date: 12/09/2009; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Order entered.

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2007-25; Ruling Date: 11/03/2009; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: The motion for rehearing is denied. The court's original opinion is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the Harrison County Circuit Court is affirmed in part, reversed and rendered in part, and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee/cross-appellant. Votes: Griffis, P.J., Barnes and Roberts, JJ., Concur. Russell, J., Concurs in Part Without Separate Written Opinion. Lee, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Irving, P.J., and Russell, J. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Ishee and Fair, JJ., Not Participating. Concurring in Part and Dissenting in Part Opinion: Lee, C.J. Votes: Irving, P.J., and Russell, J., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Antonio Tyrone Smith a/k/a Antonia Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-189; Ruling Date: 09/30/2008; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Order entered.

Major Lee, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0319-CR1; Ruling Date: 06/21/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Roger A. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2003-490-48-L; Ruling Date: 03/31/2010; Ruling Judge: Talmadge Littlejohn; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Kenneth Baker v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-101-CR1; Ruling Date: 02/13/2009; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Leo Lucas Laurent, Jr. v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-09-0002; Ruling Date: 06/30/2010; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Teresa De Jesus Zweber v. Everett Charles Zweber; DeSoto Chancery Court; LC Case #: 05-08-1247; Ruling Date: 07/30/2010; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The motion for rehearing is denied. Irving, P.J., would grant. Fair, J., not participating. Order entered.

Robert S. Scruggs v. Board of Supervisors Alcorn County Commissioners, et al; Alcorn Chancery Court; LC Case #: 2010-0461-02-L; Ruling Date: 09/28/2010; Ruling Judge: Talmadge Littlejohn; Disposition: The "Motion for Rehearing En Banc" is dismissed. Order entered.

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; Disposition: Motion to Dismiss Appeal and Award Damages and Costs Against Appellant, Penny Wilson, shall be passed for consideration with the merits of the appeal. Order entered.

Timothy Allen Wilson a/k/a Timothy Wilson v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0341CRP2; Ruling Date: 06/20/2011; Ruling Judge: Isadore Patrick, Jr.; Disposition: The Motion to Revoke Appeal Bond is remanded to the Circuit Court of Warren County for a determination of whether the appeal bond should be revoked. Order entered.

Janna H. Farmer v. Wal-mart Stores, Inc/Sam's Club #8236 and American Home Assurance Company; Hinds Workers' Compensation Commission 1st District; LC Case #: 07-11640-K2932-C; Ruling Date: 12/15/2011; Ruling Judge: Liles Williams; Consolidated with 2012-WC-00091-COA Janna H. Farmer v. Wal-mart Stores, Inc./Sam's Club #8236 and American Home Assurance Company; Hinds Workers' Compensation Commission 1st District; LC Case #: 09-04629-K2933-C; Ruling Date: 12/15/2011; Ruling Judge: Liles Williams; Disposition: Sam's Club and American Home Assurance Company's Motion to Dismiss Claimant's/Appellant's Appeal to the Supreme Court of Mississippi is granted. All costs of appeal are assessed to the appellant. Order entered.

Janna H. Farmer v. Wal-mart Stores, Inc./Sam's Club #8236 and American Home Assurance Company; Hinds Workers' Compensation Commission 1st District; LC Case #: 09-04629-K2933-C; Ruling Date: 12/15/2011; Ruling Judge: Liles Williams; Consolidated with 2012-WC-00090-COA Janna H. Farmer v. Wal-mart Stores, Inc/Sam's Club #8236 and American Home Assurance Company; Hinds Workers' Compensation Commission 1st District; LC Case #: 07-11640-K2932-C; Ruling Date: 12/15/2011; Ruling Judge: Liles Williams; Disposition: Sam's Club and American Home Assurance Company's Motion to Dismiss Claimant's/Appellant's Appeal to the Supreme Court of Mississippi is granted. All costs of appeal are assessed to the appellant. Order entered.

Dexter Johnson v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2006-002-CR1; Ruling Date: 11/05/2007; Ruling Judge: Kenneth Thomas; Disposition: The Motion to Dismiss counsel of Appeal is remanded to the Bolivar County Circuit Court for decision and entry of an order on whether Johnson has intelligently and completely waived the appointment of counsel on appeal. The order shall be entered within 90 days of this order. Porceedings in this appeal are suspended pending further order of this Court. Order entered.