06/19/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
XX  2010-CA-00735-COA

Tommy E. Johnson v. Marty G. Cumberland; Neshoba Circuit Court; LC Case #: 08-CV-0020-NS-G; Ruling Date: 11/10/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Neshoba County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell and Russell, JJ., Concur. Roberts, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Griffis, P.J. Concurring in Part and Dissenting in Part Opinion: Roberts, J. Votes: Griffis, P.J., Joins This Opinion.

Samson Byrd v. Lottie Woods, Cornelius Byrd, Jr., Jeremy Howell, as Attorney-in-Fact for Cornelius Byrd, Jr., Jeremy Howell, Individually, Wendy McEwen Howell, Individually, Michael W. Byrd and G&G Outdoors, LLC; Franklin Chancery Court; LC Case #: 2009-135; Ruling Date: 02/03/2011; Ruling Judge: Debbra Halford; Majority Opinion: Fair, J. Disposition: The judgment of the Franklin County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur. Irving, P.J., Not Participating.

SkyHawke Technologies, LLC v. Mississippi Department of Employment Security and Shawn Gillis; Madison Circuit Court; LC Case #: CI-2010-0459-C; Ruling Date: 04/13/2011; Ruling Judge: William Chapman, III; Majority Opinion: Fair, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., Concur. Irving, P.J., and Carlton, J., Dissent Without Separate Written Opinion. Griffis, P.J., Not Participating.

Charlie Honeycutt v. Tommy Coleman, Atlanta Casualty Companies, Atlanta Casualty Company and American Premier Insurance Company; Lowndes Circuit Court; LC Case #: 2001-0059-CV1; Ruling Date: 08/27/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Russell, J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Benjamin Christopher Cooper v. State of Mississippi; Neshoba Circuit Court; LC Case #: 10-CR-118-NS-G; Ruling Date: 02/22/2011; Ruling Judge: Marcus Gordon; Majority Opinion: Russell, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of possession of methamphetamine and sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Jeffrey Parkman a/k/a Jeffrey D. Parkman v. State of Mississippi; Rankin Circuit Court; LC Case #: 22540; Ruling Date: 05/05/2011; Ruling Judge: John Emfinger; Majority Opinion: Russell, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of driving under the influence, first offense, and sentence of forty-eight hours in the Rankin County Jail to be suspended in its entirety, and to pay a $1,000 fine plus costs and assessments, with $200 of said fine to be suspended and $800 to be paid, and two years of unsupervised probation is affirmed. All costs of this appeal are assessed to appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Carlton, J., Not Participating.

Larry Simmons v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-300; Ruling Date: 03/08/2010; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Maxwell, J. Disposition: The judgment of conviction of manslaughter and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with nine years to serve and six years suspended on condition that defendant completes five years' unsupervised probation, and to pay $500 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Deon Carter a/k/a Deon Cortez Carter v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-135CRG; Ruling Date: 08/23/2010; Ruling Judge: Tomie Green; Majority Opinion: Maxwell, J. Disposition: The judgment of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections with five years to serve, five years suspended, and three years' post-release supervised probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Jeffrey Dale Chapell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0200MD; Ruling Date: 02/17/2011; Ruling Judge: James McClure, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the DeSoto 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., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Gail M. Anthony v. The Town of Marion, Mississippi, and The Mississippi Municipal Workers' Compensation Group; Lauderdale Circuit Court; LC Case #: 09-CV-139(W); Ruling Date: 01/07/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

Mississippi Baptist Medical Center, Inc., Jackson Anesthesia Associates, Garland K. Milner, M.D.and Derek Marshall, M.D. v. Maria L. Powell on Behalf of the Estate of Jervia Powell; Hinds Circuit Court 1st District; LC Case #: 251-07-1195CIV; Ruling Date: 12/15/2010; Ruling Judge: S. Harrison; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., and Russell, J., Dissent Without Separate Written Opinion. Barnes, J., Not Participating.

William Austin Branch a/k/a Austin Branch v. State of Mississippi; Attala Circuit Court; LC Case #: 2009-0061-CR; Ruling Date: 03/05/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Attala 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Sharon Thompson Flowers v. Allen Flowers; Forrest Chancery Court; LC Case #: 08-1093-GN-W; Ruling Date: 09/01/2010; Ruling Judge: J. Buffington; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest 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, Roberts, Maxwell and Russell, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Fair, J., Not Participating.

Mississippi Forestry Commission v. Stephen Oglesby; Franklin Circuit Court; LC Case #: 10-CV-0016; Ruling Date: 09/03/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Franklin County Circuit Court is reversed and rendered, and the judgment of the Mississippi Employee Appeals Board is reinstated. All costs of this appeal are assessed to the Appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Curtis C. Lambert a/k/a Curtis Craig Lambert v. State of Mississippi; Lincoln Circuit Court; LC Case #: 10-225-LT; Ruling Date: 03/21/2011; Ruling Judge: Michael Taylor; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of touching a child for lustful purposes and sentence of fifteen years, with five years suspended and ten years to serve, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Edna Blanchard Davidson, Mary Alice Blanchard, Michael Blanchard, Elizabeth Blanchard, Ferdinand Blanchard, Earnest Blanchard, Jessie Blanchard, Mary A. Blanchard Evans, Sherry Blanchard, Billy Blanchard, Bryant Elbert Blanchard, Dorothy Jean Blanchard, Walter Blanchard, III, Catherine Heard, Narhan E. Bafford, Jessica Carouthers Clifton, Tina Blanchard, Gracie Harrell Polk, Richie Lee Cunningham, Jessica Cunningham, Ezell Brandon, Leon Brandon, Willie Charles Brandon, Yvonne Mitchell Blanchard, Shirley Moore Gadson and Mary Blanchard v. Tarpon Whitetail Gas Storage, LLC; Monroe Special Court of Eminent Domain; LC Case #: CV-2009-308-P-M; Ruling Date: 09/29/2010; Ruling Judge: James Pounds; Majority Opinion: Irving, P.J. Disposition: The judgment of the Monroe County Special Court of Eminent Domain is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Erika L. Felter v. Floorserv, Inc., The Employers' Fire Insurance Company, and One Beacon Insurance; Adams Circuit Court; LC Case #: 09-KV-0082-S; Ruling Date: 09/28/2011; Ruling Judge: Lillie Sanders; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes and Roberts, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Erica Brown v. Panola County Department of Human Services; Panola Chancery Court 2nd District; LC Case #: B09-04-0192-ML; Ruling Date: 10/11/2010; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Panola County Chancery Court is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

William Antonio Avery a/k/a William A. Avery a/k/a William Ken Avery a/k/a William A. "Ken" Avery a/k/a Ken v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 439-10; Ruling Date: 10/13/2010; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of Count I, sale of cocaine, and sentence of sixty years; Count II, felony fleeing, and sentence of five years, with the sentences to run concurrently but consecutively to the sentences in Lauderdale County Cause Numbers 645-02 and 691-06, all 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 the appellant. Votes: Lee, C.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Not Participating.

Marco Wright v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0066; Ruling Date: 07/27/2010; Ruling Judge: Charles Webster; Majority Opinion: Lee, C.J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Count I, statutory rape, and Count II, sexual battery, and sentences of fifteen years on each count, 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: Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion Joined by Irving and Griffis, P.JJ. Dissenting Opinion: Carlton, J. Votes: Irving and Griffis, P.JJ., Join This Opinion.

Sweet Valley Missionary Baptist Church a/k/a Hub Community Baptist v. Alfa Insurance Corporation a/k/a Alfa General Insurance Corporation a/k/a Alfa Mutual General Insurance Company a/k/a Alfa Specialty Insurance Corporation; Marion Circuit Court; LC Case #: 2010-0042P; Ruling Date: 09/24/2010; Ruling Judge: R. Prichard, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Marion County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion.

Jimmie Roach a/k/a Jimmie C. Roach a/k/a Jimmy Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-10-809; Ruling Date: 12/16/2010; Ruling Judge: S. Harrison; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Tyrone Hairston v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0001-CR1; Ruling Date: 03/02/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

William C. Vinzant v. State of Mississippi; Warren Circuit Court; LC Case #: 09,0113CRV(C); Ruling Date: 04/09/2010; Ruling Judge: M. Chaney, Jr.; Disposition: The motion for rehearing is denied. Order entered.

University of Mississippi Medical Center v. Donnie Foster and Shirley Foster as Legal Guardians of the Minor Child, Malik R. Caldwell and on Behalf of the Wrongful Death Beneficiaries of Tamika Foster; Hinds Circuit Court 1st District; LC Case #: 251-07-142CIV; Ruling Date: 01/04/2010; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., would grant. Lee, C.J., and Fair, J., not participating. Order entered.

Steve Antonio Anthony v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 715-09; Ruling Date: 06/17/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Cardie Blackwell v. Howard Industries, Inc.; Jones Circuit Court 2nd District; LC Case #: 2009-91-CV10; Ruling Date: 07/27/2010; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Rebecca Ladner v. Michael Holleman; Harrison Circuit Court 1st District; LC Case #: A2401-08-185; Ruling Date: 10/22/2010; Ruling Judge: John Gargiulo; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Dissents With Separate Written Opinion Joined by Irving and Griffis, P.JJ. Dissenting Opinion: Russell, J. Votes: Irving and Griffis, P.JJ., Join This Opinion.

Mario Dockery v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-033RCD; Ruling Date: 04/05/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.