06/19/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-CA-02259-COA

Sharnee M. Howell and Chester Lee Howell "C.L." Howell v. Pat May, Clayton May and Josie May Tidwell; Tate Chancery Court; LC Case #: 03-10-357PL; Ruling Date: 10/29/2005; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Tate County Chancery Court on direct appeal and cross-appeal is affirmed. All costs of this appeal are assessed to the appellants/cross-appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

H & E Equipment Services, LLC, formerly Head & Engquist Equipment Services, LLC v. Thomas R. Floyd and Thomas R. Floyd, Mason Contractors, Inc.; Simpson Circuit Court; LC Case #: 2002-345; Ruling Date: 08/16/2005; Ruling Judge: Robert Evans; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Simpson County is affirmed on both direct appeal and on cross-appeal. All costs of this appeal are assessed in equal parts to the appellant/cross-appellee and the appellees/cross-appellants. Votes: King, C.J., Lee and Myers, P.JJ. and Irving, J., concur. Barnes, J., concurs in part and dissents in part with separate written opinion, joined by Chandler, Griffis, Roberts and Carlton, JJ. Chandler and Roberts, JJ., concur in part and dissent in part without separate written opinion. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: Chandler, Griffis, Roberts and Carlton, JJ., join this opinion.

James Preston Bailey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-04-00636; Ruling Date: 06/17/2005; Ruling Judge: Kosta Vlahos; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections as an habitual offender without parole or probation is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Robert Riggs a/k/a Robert F. Riggs v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2006-0017CD; Ruling Date: 02/28/2006; Ruling Judge: Robert Chamberlin; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of DeSoto County denying post-conviction relief 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, Roberts and Carlton, JJ., concur.

James Franklin Putnam v. Christopher B. Epps; Harrison Circuit Court 1st District; LC Case #: A2401-2005-23600239; Ruling Date: 04/05/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The previous opinion of the Court is withdrawn and this opinion is substituted. The motion for rehearing is denied. The judgment of the Circuit Court of Harrison County denying post-conviction relief is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Harrison County. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., not participating.

Joseph G. Jones a/k/a Joseph Jones a/k/a Joseph Glenn Jones v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2005-36-KR1; Ruling Date: 03/07/2006; Ruling Judge: Billy Landrum; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Jones County of conviction of attempted felony escape and sentence of thirty months in the custody of the Mississippi Department of Corrections and removal from public office as the councilman of Ward 7 of the City of Laurel, Mississippi and said office is hereby declared vacant is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

David Ray Jones v. State of Mississippi; Newton Circuit Court; LC Case #: 05-CR-027-NW-C; Ruling Date: 05/08/2006; Ruling Judge: V. Cotten; Majority Opinion: Myers, P.J. Disposition: The judgment of the Newton County Circuit Court of convictions of DUI-second offense, seatbelt violation and careless driving and sentences of one year in the Newton County Jail and a $1,500 fine for DUI-second offense, $35 fine for seatbelt violation and $121 fine for careless driving is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Johnathan Moody a/k/a Jonathan Earl Moody a/k/a Tojo v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0085-CV1; Ruling Date: 08/18/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lowndes County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jennifer Erin Williamson v. William Dale Williamson; Warren Chancery Court; LC Case #: 2001-177GN; Ruling Date: 12/10/2004; Ruling Judge: Vicki Barnes; Disposition: The appellee's motion for rehearing is denied. Carlton, J., would grant. Order entered.

Mississippi Real Estate Appraiser Licensing and Certification Board v. J. Daniel Schroeder; Harrison Circuit Court 2nd District; LC Case #: A2402-2002-0200; Ruling Date: 02/23/2005; Ruling Judge: Stephen Simpson; Majority Opinion: Barnes, J. Disposition: The judgment of the Harrison County Circuit Court is reversed and rendered. The orders of the Board are reinstated. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Myers, P.J., dissents without separate written opinion.

Daryl Morris a/k/a Darryl Morris v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-0250; Ruling Date: 07/21/2005; Ruling Judge: W. Hines; Disposition: The appellant's motion for rehearing is denied. Order entered.

John Allen Berry v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2005-686-CD; Ruling Date: 01/30/2006; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count I, conspiracy to illegally possess precursor chemicals is reversed and rendered, and the conviction of Count II, possession of fifteen grams or more of pseudoephedrine or ephedrine, knowing or under circumstances where one reasonably should know that the chemicals would be used to manufacture a controlled substance, and sentence of five years, $1,000 fine, and $100 restitution is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, P.J., Chandler, Barnes and Ishee, JJ., concur. Myers, P.J., dissents with separate written opinion, joined by Griffis and Carlton, JJ.; Roberts, J. joins in part. Roberts, J., dissents with separate written opinion, joined by Myers, P.J. Griffis and Carlton, JJ. King, C.J., not participating. Dissenting Opinion: Myers, P.J. Votes: Griffis and Carlton, JJ., join this opinion and Roberts, J., joins this opinion in part. Dissenting Opinion: Roberts, J. Votes: Myers, P.J., Griffis and Carlton, JJ., join this opinion.