06/18/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2011-CA-01742-COA

Clarence Williams, Jr. v. Department of Human Services State of Mississippi and Debbie Nash; Neshoba Chancery Court; LC Case #: 2007-0313; Ruling Date: 10/31/2011; Ruling Judge: Joseph Kilgore; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Neshoba County is affirmed. All costs of the appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Donald Neal v. MDOC Records Department; Sunflower Circuit Court; LC Case #: 2011-0304; Ruling Date: 04/23/2012; Ruling Judge: Betty Sanders; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Ollie Lee Evans a/k/a Ollie Lee Evans, Jr. a/k/a Ollie Evans v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0154; Ruling Date: 09/17/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, J. Disposition: The judgment of the Forrest County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Charles Anthony Weary a/k/a Anthony Charles Weary a/k/a Charles Weary a/k/a Anthony Weary a/k/a Anthony C. Weary v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0331H; Ruling Date: 10/31/2011; Ruling Judge: Prentiss Harrell; Majority Opinion: Carlton, J. Disposition: The judgment of the Marion County Circuit Court 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, Roberts, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

C. D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2011-0095; Ruling Date: 10/11/2011; Ruling Judge: W. Hines; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Leflore County dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

David Tykure Carter a/k/a David Carter v. State of Mississippi; Copiah Circuit Court; LC Case #: 2012-0075; Ruling Date: 02/27/2012; Ruling Judge: Lamar Pickard; Majority Opinion: Carlton, J. Disposition: The judgment of the Copiah County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Copiah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

LeDarius Bonds a/k/a Le'Darius Bonds a/k/a Poo v. State of Mississippi; Pike Circuit Court; LC Case #: 11-141-PKT; Ruling Date: 04/05/2012; Ruling Judge: Michael Taylor; Majority Opinion: Roberts, J. Disposition: The judgment of the Pike 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 Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Cynthia Jean Guess McDonald v. Edgar L. McDonald Jr.; Clay Chancery Court; LC Case #: 2010-0131-C; Ruling Date: 07/19/2011; Ruling Judge: Dorothy Colom; Majority Opinion: Ishee, J. Disposition: The judgment of the Clay County Chancery Court is affirmed. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

John Edward McDonald a/k/a John McDonald v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1-172; Ruling Date: 11/07/2011; Ruling Judge: L. Hilburn; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of possession of marijuana with intent to distribute and sentence as a habitual offender of sixty 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 Hinds County. Votes: Lee, C.J., Griffis, P.J., Carlton, Fair and James, JJ., Concur. Irving, P.J., Barnes, Roberts and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Stevie Lott v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2011-04-CV3; Ruling Date: 01/25/2012; Ruling Judge: Billy Landrum; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jones County denying 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., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Albert Conley, Jr. v. City of Jackson, Mississippi; Mississippi Workers' Compensation Commission; LC Case #: 0402314-K-1737-E; Ruling Date: 10/26/2011; Consolidated with 2011-WC-01738-COA Albert Conley, Jr. v. City of Jackson, Mississippi; Mississippi Workers' Compensation Commission; LC Case #: 08-12019-K-1717; Ruling Date: 10/26/2011; Majority Opinion: Irving, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0602697-J-8217; Ruling Date: 12/16/2011; Consolidated with 2012-WC-00580-COA James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0802636-J-9828; Ruling Date: 03/12/2012; Majority Opinion: Irving, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Robert C. Lehman, A Professional Law Corporation v. Mississippi Transportation Commission, Normand Children Diversified Class Trust, United Truck Group, LLC, and Truck Capital, LLC; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-09-2073,2074 & 2075; Ruling Date: 07/07/2011; Ruling Judge: Gaston Hewes, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Special Court of Eminent Domain of Harrison County is affirmed on direct appeal and cross-appeal. All costs of this appeal are assessed one-half to the cross-appellants and one-half to the cross-appellee. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James A. Morris a/k/a James Allen Morris a/k/a James Morris v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0480CI; Ruling Date: 03/06/2012; Ruling Judge: Betty Sanders; Majority Opinion: Lee, C.J. Disposition: The judgment of the Sunflower County Circuit Court dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Emmett Mickens v. Wal-Mart Stores East, LP; Lowndes Circuit Court; LC Case #: 2011-0017-CV1K; Ruling Date: 05/03/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Walter Tard v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0336; Ruling Date: 06/08/2009; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant. James, J., not participating.

In the Matter of the Estate of William Randy Ivy, Deceased: Legand Dakota Benton, by and through Kelly Nicole Brand, his mother and next friend v. Joyce Ivy, as Administratrix of the Estate of William Randy Ivy, Deceased; Kemper Chancery Court; LC Case #: 2010-0060-F; Ruling Date: 04/26/2011; Ruling Judge: Edward Fenwick; Disposition: The motion for rehearing is denied. Cartlon, J., would grant. James, J., not participating.

Joel Baskin v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2011-0009-CR; Ruling Date: 04/18/2011; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. James, J., not participating.

Erick Lee Howard v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV-2010-0358RCD; Ruling Date: 09/07/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. James, J., not participating.

Roosevelt Washington v. State of Mississippi; Lincoln Circuit Court; LC Case #: 1994-11517-A; Ruling Date: 11/18/2011; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.

Alford Carter v. Carl Reddix, M.D. and Reddix Medical Group; Hinds Circuit Court 1st District; LC Case #: 251-10-211CIV; Ruling Date: 12/19/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant. Irving, P.J., Fair and James, JJ., not participating.

Walter D. Bass a/k/a Walter Dalton Bass a/k/a Walter Bass v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-882; Ruling Date: 02/10/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.