06/14/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-01601-COA

Angela L. Turner v. Deutsche Bank National Trust Company; Warren Chancery Court; LC Case #: 2008-038gn; Ruling Date: 08/28/2009; Ruling Judge: Jane Weathersby; Majority Opinion: Maxwell, J. Disposition: The judgment of the Warren County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Carlton, JJ., concur. Russell, J., not participating.

Allen Henderson v. State of Mississippi; Rankin Circuit Court; LC Case #: 2009-240-9-21-09; Ruling Date: 10/20/2009; Ruling Judge: William Chapman, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Rankin County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Russell, J., not participating.

Roy L. Clincy v. Daudra Atwood and Dale Caskey; Lauderdale Circuit Court; LC Case #: 09-CV-130(W); Ruling Date: 05/14/2010; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Russell, J., not participating.

Carl Holder v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2010-52-CVS; Ruling Date: 05/27/2010; Ruling Judge: Billy Landrum; Majority Opinion: Carlton, J. Disposition: The judgment of the Jones County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Russell, J., not participating.

Gerald Hammond v. Caterpillar Financial Services Corporation; Alcorn Circuit Court; LC Case #: CV09-318GA; Ruling Date: 03/04/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Alcorn County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Larry Evans v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2008-337-KR2; Ruling Date: 06/07/2010; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of robbery and sentence of fifteen years 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., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Liberty Bail Bonds and Legal Services, LLC v. State of Mississippi; Rankin Circuit Court; LC Case #: 20381; Ruling Date: 06/07/2010; Ruling Judge: Samac Richardson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County is reversed and rendered. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Anthony Joseph Cuccia v. Julie Anne (Reavy ) Cuccia; DeSoto Chancery Court; LC Case #: 08-01-0191; Ruling Date: 10/16/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto County Chancery 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 equally between the appellant and the appellee. Votes: Lee, C.J., Griffis, P.J., Myers and Barnes, JJ., concur. Roberts and Maxwell, JJ., concur in part and in the result. Carlton, J., concurs in result only. Irving, P.J., and Russell, J., not participating.

Jackie D. Williams v. State of Mississippi; Lincoln Circuit Court; LC Case #: 09-275-LS; Ruling Date: 05/14/2010; Ruling Judge: David Strong, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections and to pay a $10,000 fine and restitution is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Carolyn Epperson v. SouthBank; Alcorn Circuit Court; LC Case #: CV08-504PA; Ruling Date: 11/17/2009; Ruling Judge: James Pounds; Majority Opinion: Lee, C.J. Disposition: The judgment of the Alcorn County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving, P.J., Myers, Barnes, Ishee, Maxwell and Russell, JJ., concur. Roberts, J., concurs in part and dissents in part with separate written opinion joined by Griffis, P.J., and Carlton, J. Concurring in Part and Dissenting in Part Opinion: Roberts, J. Votes: Griffis, P.J., and Carlton, J., join this opinion.

Dante Lamar Evans v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2008-027; Ruling Date: 03/12/2009; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Myers, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Barnes and Ishee, JJ. Russell, J., not participating. Dissenting Opinion: Carlton, J. Votes: Barnes and Ishee, JJ., join this opinion.

Antonio Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-09-395; Ruling Date: 07/02/2009; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J. and Myers, J., concur. Irving, P.J., concurs in result only without separate written opinion. Carlton, J., concurs in result only with separate written opinion. Roberts, J., dissents with separate written opinion joined by Griffis, P.J., Barnes and Maxwell, JJ. Russell, J., not participating. Concur in Result Only Opinion: Carlton, J. Dissenting Opinion: Roberts, J. Votes: Griffis, P.J., Barnes and Maxwell, JJ., join this opinion.

Michael Warren Willie v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0348-CV; Ruling Date: 10/30/2009; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is dismissed. Russell, J., not participating. Order entered.

Debbie Mills v. City of Water Valley, Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2009-40-MY2; Ruling Date: 10/16/2009; Ruling Judge: James McClure, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Yalobusha County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Myers and Barnes, JJ. Russell, J., not participating. Dissenting Opinion: Carlton, J. Votes: Myers and Barnes, JJ., join this opinion.

Tony Jones v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0013; Ruling Date: 03/01/2010; Ruling Judge: Kenneth Thomas; Majority Opinion: Irving, P.J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections, with four years suspended, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Russell, J., not participating.

Troy Anthony Williams v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,004(2); Ruling Date: 01/29/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Jackson County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Connie Mack Douglas and Charlene T. Douglas v. Denbury Onshore, LLC; Lincoln Chancery Court; LC Case #: 2009-0178; Ruling Date: 02/22/2010; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lincoln County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only. Russell, J., not participating.

Eric Turner v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: H10-051H; Ruling Date: 03/26/2010; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Chickasaw County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Chickasaw County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Jherashio Ramandes Hosey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00729; Ruling Date: 03/18/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of possession of a controlled substance with intent to distribute and sentence as a habitual offender of thirteen 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 Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Russell, J., not participating.