06/15/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-00020-COA

Charles Blanton v. Gardner's Supermarket, Inc. d/b/a Roger's Supermarket; Alcorn Circuit Court; LC Case #: CV07-000642FA; Ruling Date: 12/09/2008; Ruling Judge: Paul Funderburk; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Alcorn County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Roberts, JJ., concur. Barnes and Carlton, JJ., not participating.

Jackson Williams, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2009-0029; Ruling Date: 05/14/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Tunica County as to Count I, aggravated assault, is reversed and remanded for a new trial. The judgment as to Count II, possession of a weapon by a convicted felon, is reversed and rendered. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee and Maxwell, JJ., concur. Irving, J., concurs in part and dissents in part with separate written opinion joined in part and in result by Barnes, J. Carlton, J., not participating. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Barnes, J., joins this opinion in part and in result.

C.F.P. Properties, Inc. v. Roleh, Inc.; Harrison Chancery Court 1st District; LC Case #: C2401-08-0988(1); Ruling Date: 02/09/2009; Ruling Judge: James Persons; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All cost of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

William M. Scott v. KLLM, Inc.; Hinds Circuit Court 1st District; LC Case #: 08-54; Ruling Date: 09/15/2008; Ruling Judge: William Coleman; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed on direct appeal and cross-appeal. All costs of this appeal are divided equally between the appellant/cross-appellee and appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes and Maxwell, JJ., concur. Irving and Roberts, JJ., concur in result only. Carlton, J., not participating.

Dexter Lipsey a/k/a Derrick Dwayne Lipsey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-175(1,2,3&4); Ruling Date: 09/06/2007; Ruling Judge: Winston Kidd; Majority Opinion: Barnes, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Counts I, II, and III, murder, and sentence of life for each count; and Count IV, kidnaping, and sentence of thirty years, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Candice Beason Sullivan v. Shelby Beason; Neshoba Chancery Court; LC Case #: 2004-138; Ruling Date: 08/29/2008; Ruling Judge: J. Kilpatrick; Majority Opinion: Barnes, J. Disposition: The judgment of the Neshoba County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Frederick Denell Grim v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0120; Ruling Date: 11/14/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of sale of cocaine and sentence, as a habitual offender without eligibility for parole or probation, of life in the custody of the Mississippi Department of Corrections, with the sentence to run consecutively to any and all sentences previously imposed, is affirmed. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0229; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Consolidated with 2009-KA-00797-COA Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0541; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Madison County of conviction of Count I, gratification of lust, and sentence of fifteen years, and Count II, sexual battery, and sentence of forty years, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections, with thirty-seven years suspended and five years' supervised probation, is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Eddie J. Cotton v. Fannie M. Cotton; DeSoto Chancery Court; LC Case #: 05-3-396(VC); Ruling Date: 02/21/2008; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Griffis, Roberts and Ishee, JJ., would grant. Carlton, J., not participating. Order entered.

Richard Ray Timmons v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 821-06; Ruling Date: 04/15/2008; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Damita Ann Hill v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2006-187; Ruling Date: 06/21/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Harvey Williams, Jr. a/k/a Smokie v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-969; Ruling Date: 04/06/2007; Ruling Judge: L. Hilburn; Disposition: The motion for rehearing is denied. Barnes, J., would grant. Carlton, J., not participating. Order entered.

Richard K. Dickerson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-021-CV-L; Ruling Date: 06/09/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Julius Wesley Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2007-0256 (1); Ruling Date: 07/22/2008; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Thurman Kirkwood a/k/a Mickey v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0105; Ruling Date: 01/29/2008; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Christopher Lamont Logan v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-664CR; Ruling Date: 06/26/2008; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Kevin Eugene Owen v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-334CR; Ruling Date: 07/28/2008; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Karrie Linnette Glenn v. State of Mississippi; Jackson Circuit Court; LC Case #: 2007-10,757(1); Ruling Date: 08/15/2008; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Myers, P.J., Ishee and Carlton, JJ., not participating. Order entered.

Brian Runnels v. State of Mississippi; Claiborne Circuit Court; LC Case #: 98-0046; Ruling Date: 11/20/2008; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Erica Rose Wheat v. Thanasis G. Koustovalas; Lowndes Chancery Court; LC Case #: 2008-0315-D; Ruling Date: 12/22/2008; Ruling Judge: H. Davidson, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.