06/20/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2005-CA-00844-COA

Andrea Marshall Elam f/k/a Andrea Carol Marshall Hinson v. Melvin Hinson; Warren Chancery Court; LC Case #: 2001-248GN; Ruling Date: 10/01/2002; Ruling Judge: Jane Weathersby; Consolidated with 2003-CA-00239-COA Andrea Carol Marshall Hinson v. Melvin Hinson; Warren Chancery Court; LC Case #: 2001-248GN; Ruling Date: 10/01/2002; Ruling Judge: Jane Weathersby; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., Concur.

Robert Kent Hardin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 02-182-MS; Ruling Date: 01/30/2004; Ruling Judge: Mike Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of Count I - burglary of a dwelling and sentenced to twenty-five years with ten years to serve and fifteen years of post-release supervision; Count II - burglary of a dwelling and sentenced to twenty- five years with ten years to serve and fifteen years of post-release supervision; Count III - conspiracy to commit burglary of a dwelling and sentenced to five years of post-release supervision; Count IV - armed robbery and sentenced to thirty-five years with fifteen years to serve and twenty years of post-release supervision; Count V kidnaping and sentenced to serve five years of post-release supervision for a total of thirty-five years to serve all in the custody of the Mississippi Department of Corrections and sixty years of post-release supervision is affirmed. This sentence will also run consecutive to his probation revocation. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., Concur.

Jeffer R. Clayton a/k/a Jeffrey Ray Clayton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-02-00156; Ruling Date: 05/09/2003; Ruling Judge: Stephen Simpson; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of armed robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Latonja Pounds, Individually, and on Behalf of All Who Are Entitled to Recover Under the Wrongful Death and Survival Statute for the Death of Jaleen Vashawn Lenard, Deceased v. Mississippi Department of Health d/b/a Pike County Health Clinic; Hinds Circuit Court 1st District; LC Case #: 251-01-000078CIV; Ruling Date: 07/30/2004; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

James Gatlin a/k/a Jamie Gatlin v. State of Mississippi; Walthall Circuit Court; LC Case #: 2004-95-B; Ruling Date: 03/02/2005; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Walthall County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Walthall County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Trevor Vashon Carlisle v. State of Mississippi; Wayne Circuit Court; LC Case #: 04-15-K; Ruling Date: 07/16/2004; Ruling Judge: Larry Roberts; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Wayne County of conviction of possession of over one ounce of marihuana (193.1 grams) with intent to sell and sentence of ten years in the custody of the Mississippi Department of Corrections and fine of $10,000 is affirmed. This sentence is consecutive to the sentence in 01-12G-K. All costs of this appeal are assessed to Wayne County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., Concur. Roberts, J., not participating.

Jerry Lee Mack a/k/a Jerry Mack v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2005-54; Ruling Date: 06/06/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jefferson County is affirmed. All costs of this appeal are assessed to Jefferson County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Juan Pedro Pena v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0203-CR; Ruling Date: 10/22/2004; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The Judgment of the Oktibbeha County Circuit Court of conviction of sale of cocaine and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Timothy Roach a/k/a Timothy K. Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-385; Ruling Date: 10/12/2000; Ruling Judge: James Graves, Jr.; Disposition: Appellant's motion for rehearing is denied. Southwick, J., not participating. Order entered.

Natchez Electric and Supply Co., Inc. v. Wayne Johnson d/b/a Johnson Electric; Forrest Circuit Court; LC Case #: CI97-0129; Ruling Date: 10/17/2003; Ruling Judge: Robert Helfrich; Disposition: Appellee's motion for rehearing is denied. Order entered.

Flavian L. Gray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-559; Ruling Date: 03/12/2003; Ruling Judge: Winston Kidd; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Scott Keith Mitchell v. State of Mississippi; Leake Circuit Court; LC Case #: 02-CR-090-LE-C; Ruling Date: 01/23/2004; Ruling Judge: V. Cotten; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Mark Balius v. Melanie Gaines and Jared Evan Balius, a Minor, by and through His Next Friend, Melanie Gaines; Harrison Chancery Court 2nd District; LC Case #: C 2402-99-01310; Ruling Date: 04/30/2004; Ruling Judge: Sanford Steckler; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Robert Ed Pollard v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 396-03; Ruling Date: 07/30/2004; Ruling Judge: Robert Bailey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lauderdale County is reversed and remanded for a new trial. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Ishee, JJ., Concur. Roberts, J., not participating.

Elizabeth S. McDaniel v. Citizens Bank; Marion Circuit Court; LC Case #: 2003-0324; Ruling Date: 09/03/2004; Ruling Judge: R. Prichard, III; Disposition: Appellant's motion for rehearing is denied. Order entered.

Rhonda M. Rogers v. Allstate Insurance Company; Harrison Circuit Court 2nd District; LC Case #: A2402-1999-00220; Ruling Date: 09/07/2004; Ruling Judge: Robert Walker; Disposition: Appellant's motion for rehearing is denied. Order entered.

In the Interest of T. B., a Minor, by and through His Next Friend and Parent, C. B. v. Board of Trustees of the Vicksburg Warren School District; Warren Circuit Court; LC Case #: 03,0197-CI-P; Ruling Date: 10/19/2004; Ruling Judge: Isadore Patrick, Jr.; Disposition: Appellant's motion for rehearing is denied. Order entered.