06/16/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CA-02065-COA

William Daniel Vaughn v. Connie Lynn Davis, Individually, and as Maternal Grandmother and Next Friend of Danielle Lynn Vaughn; Rankin Chancery Court; LC Case #: 55788; Ruling Date: 08/01/2007; Ruling Judge: Dan Fairly; Majority Opinion: Carlton, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in result only.

Vickie Clark v. Spherion Corporation; DeSoto Circuit Court; LC Case #: CV2007-0359CD; Ruling Date: 06/26/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Circuit Court 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 and Roberts, JJ., concur. Maxwell, J., not participating.

Terrance Gary v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR 2007-25; Ruling Date: 02/04/2008; Ruling Judge: Lamar Pickard; Majority Opinion: Roberts, J. Disposition: The judgment of the Claiborne County Circuit Court of conviction of manslaughter by culpable negligence and sentence of twenty 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, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Kendrick Darnell Conner a/k/a Rudy Talley v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0449-CR1; Ruling Date: 05/24/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of Count I, armed robbery, and Count II, armed robbery, and sentence of thirty-five years as a habitual offender for both Counts I and II, with the sentences to run concurrently 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, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Karl Hunt v. State of Mississippi; Lee Circuit Court; LC Case #: CV08-008-(R)L; Ruling Date: 02/01/2008; Ruling Judge: James Roberts, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lee County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Raymond H. Burdsal a/k/a Raymond H. Randy Burdsal v. Marshall County, Mississippi; Marshall Chancery Court; LC Case #: 04-0100; Ruling Date: 11/20/2007; Ruling Judge: Glenn Alderson; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Marshall County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Mark Andrew West, Sr. v. April Saylors West; DeSoto Chancery Court; LC Case #: 05-06-093(VC); Ruling Date: 01/04/2008; Ruling Judge: Vicki Cobb; Majority Opinion: Irving, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jimmy Dale Mayhan v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2006-0303BD; Ruling Date: 09/04/2007; Ruling Judge: Andrew Baker; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jim Terry a/k/a James Clayton Terry v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0518-CR1; Ruling Date: 11/30/2007; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of embezzlement and fraud in public office and sentence of thirteen months in the custody of the Mississippi Department of Corrections, with five years of post-release supervision; to pay restitution to Lowndes County in the amount of $2,227.29; to pay $4,000 to the Mississippi Department of Audit; and removal from the office of Supervisor of District Four of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Ronald Husband v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2006-44; Ruling Date: 01/21/2008; Ruling Judge: Roger Clark; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Stone County of conviction of two counts of capital murder and sentence of life for each count, without eligibility for parole, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Stone County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Patrick Deliman and Jane Deliman v. Anthony Clarke Thomas and ACT Environmental, Inc., A Mississippi Corporation; Kenneth G. Robinson and Lynda S. Robinson; Madison Chancery Court; LC Case #: 2005-744; Ruling Date: 04/16/2007; Ruling Judge: Cynthia Brewer; Disposition: The motion for rehearing is denied. Irving, J., would grant. Barnes and Maxwell, JJ., not participating. Order entered.

Gwen Jenkins, on Behalf of the Wrongful Death Beneficiaries of Thomas Jenkins, Deceased v. Frank Tucker, M.D. and Jeff Anderson Regional Memorial Center d/b/a Anderson Infirmary Benevolent Corporation Association; Lauderdale Circuit Court; LC Case #: 01-CV-023R; Ruling Date: 06/20/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Roberts and Maxwell, JJ., not participating. Order entered.

In the Matter of the Estate of Robert Wayne Hall, Deceased: Alice Mitchell v. David Poynor; Calhoun Chancery Court; LC Case #: 2003-153-R; Ruling Date: 09/18/2007; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Calhoun County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Ishee, Carlton and Maxwell, JJ., concur. King, C.J., dissents with separate written opinion joined by Lee, P.J., and Barnes, J. Irving and Roberts, JJ., not participating. Dissenting Opinion: King, C.J. Votes: Lee, P.J., and Barnes, J., join this opinion.

Charles P. Lepine v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2003-568E; Ruling Date: 09/07/2007; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Evelyn Gwen Moore v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2005-61; Ruling Date: 11/21/2007; Ruling Judge: Betty Sanders; Majority Opinion: Myers, P.J. Disposition: The judgment of the Washington County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., dissents without separate written opinion.

Wade Short v. Wilson Meat House, LLC and Bridgefield Casualty Insurance Company; Copiah Circuit Court; LC Case #: 2007-0364; Ruling Date: 06/30/2008; Ruling Judge: Lamar Pickard; Majority Opinion: Roberts, J. Disposition: The judgment of the Copiah County Circuit Court is reversed, and this case is remanded to the Mississippi Workers' Compensation Commission for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion joined by Griffis and Maxwell, JJ. Dissenting Opinion: Carlton, J. Votes: Griffis and Maxwell, JJ., join this opinion.