06/14/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2015-KA-00070-COA

Jeffery Johnson a/k/a Jeffrey Johnson a/k/a Jeff Johnson a/k/a Bullet v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0415-CRK; Ruling Date: 10/30/2014; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Greenlee, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of possession of at least ten but less than thirty grams of marijuana with the intent to distribute and sentence as a habitual offender and subsequent drug offender of six years in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, and to pay a $500 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Linda Fay Barnett-Phillips a/k/a Linda Barnett-Phillips a/k/a Linda Barnett v. State of Mississippi; Rankin Circuit Court; LC Case #: 2014-324 C; Ruling Date: 01/16/2015; Ruling Judge: William Chapman, III; Majority Opinion: Greenlee, 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Michael Anthony Morgan a/k/a Michael A. Morgan a/k/a Michael Morgan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2015-00011; Ruling Date: 03/09/2015; Ruling Judge: Roger Clark; Majority Opinion: Greenlee, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Faith Abercrombie v. Jonathan Abercrombie; Lamar Chancery Court; LC Case #: 2014-0579-GN-DO; Ruling Date: 04/10/2015; Ruling Judge: M. Doleac; Majority Opinion: Greenlee, J. Disposition: The judgment of the Lamar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Travis Jerome Harvey v. State of Mississippi; Rankin Circuit Court; LC Case #: 26281; Ruling Date: 07/29/2015; Ruling Judge: John Emfinger; Majority Opinion: Greenlee, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of resisting arrest and sentence of ten days in the Rankin County Jail, with all ten days suspended; to pay a $500 fine, with $200 suspended; and to serve six months of unsupervised probation, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Herman C. Kidd v. Mississippi Department of Employment Security; Pontotoc Circuit Court; LC Case #: CV14-220-P-PO; Ruling Date: 02/24/2015; Ruling Judge: James Pounds; Majority Opinion: Wilson, J. Disposition: The judgment of the Pontotoc County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur.

Adrian Crowell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-0-283CRW; Ruling Date: 04/17/2014; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, of conviction of aiding and abetting a shooting into a vehicle and sentence of 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., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Jackson County, Mississippi v. Mississippi Department of Employment Security; Jackson Circuit Court; LC Case #: 2014-00,071; Ruling Date: 06/06/2014; Ruling Judge: Richard McKenzie; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, James, Wilson and Greenlee, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. Ishee, J., not participating.

Craig Cleveland v. Deutche Bank National Trust Company, solely in its capacity as Trustee for GSAMP Mortgage Loan Trust 2002-HE2; Prentiss Chancery Court; LC Case #: CV2013-370 (59)-M; Ruling Date: 10/27/2014; Ruling Judge: Jacqueline Mask; Majority Opinion: Carlton, J. Disposition: The judgment of the Prentiss County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Fair and Greenlee, JJ., Concur. Griffis, P.J., Dissents Without Separate Written Opinion. James and Wilson, JJ., not participating.

Amy Denise Towles a/k/a Amy Denise Thomas Towles a/k/a Amy Towles v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR2012-244; Ruling Date: 07/24/2014; Ruling Judge: Thomas Gardner, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Alcorn County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Alcorn County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

James D. Havard and Margaret Havard v. Tanelle Sumrall; Lamar Circuit Court; LC Case #: 2012-166; Ruling Date: 01/14/2015; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur. Griffis, P.J., Dissents Without Separate Written Opinion.

David Lee Moore a/k/a "Dae Dae" v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2012-0069; Ruling Date: 01/15/2014; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied.

Timothy Allen Wilson a/k/a Timothy Wilson v. State of Mississippi; Warren Circuit Court; LC Case #: 13,0045-CRP(2); Ruling Date: 09/29/2014; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., Barnes and James, JJ., would grant.

Nathan Sinko a/k/a Nathan C. Sinko v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2014-0423-CVH; Ruling Date: 12/08/2014; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied.

James Allen Swaim a/k/a James A. Swaim a/k/a James Swaim v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2014-114; Ruling Date: 01/22/2016; Ruling Judge: Christopher Schmidt; Disposition: The appellant's motion to voluntarily dismiss this appeal pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure is granted. All costs of this appeal are assessed to Harrison County. Order entered.

Rodney Carter a/k/a Rodney D. Carter v. State of Mississippi; Madison Circuit Court; LC Case #: 2015/0205; Ruling Date: 11/30/2015; Ruling Judge: William Chapman, III; Disposition: Rodney Carter's motion to reinstate this appeal is granted. Carter's appeal is hereby reinstated. Carter's counsel shall comply with the deficiency notice issued by this Court's clerk on April 15, 2016, by filing a certificate of compliance and designation of record with the Madison County Circuit Clerk within thirty days of the entry of this order. Wesley T. Evans's motion to withdraw and substitute counsel is granted. Evans shall be allowed to withdraw as counsel, and George T. Holmes shall be substituted as counsel for Carter. Order entered.

Jeffery Kleckner a/k/a Jeffrey Kleckner v. State of Mississippi; Union Circuit Court; LC Case #: CV2015-149; Ruling Date: 11/12/2015; Ruling Judge: Andrew Howorth; Disposition: Jeffrey Kleckner's pro se response to the show-cause notice issued for failure to file a timely notice of appeal is well taken. The rules shall be suspended under Mississippi Rule of Appellate Procedure 2(c), and Kleckner's appeal shall be allowed to proceed. Kleckner's pro se motion of discovery, motion to compel a response, and motion to impose sanctions/penalties on the trial court are denied. Order entered.

Jeffery Kleckner a/k/a Jeffrey Kleckner v. State of Mississippi; Union Circuit Court; LC Case #: CV2015-149; Ruling Date: 11/12/2015; Ruling Judge: Andrew Howorth; Disposition: Jeffrey Kleckner's pro se response to the show-cause notice issued for failure to file a timely notice of appeal is well taken. The rules shall be suspended under Mississippi Rule of Appellate Procedure 2(c), and Kleckner's appeal shall be allowed to proceed. Kleckner's pro se motion of discovery, motion to compel a response, and motion to impose sanctions/penalties on the trial court are denied. Order entered.