Mississippi Court of AppealsHand Down List
June 20, 2017
06/20/2017 - Hand Down and published opinions in WordPerfect/ZIP format
Westbrooks, Latrice
X 2015-CA-01339-COA
Annie Figures v. Jackson Housing Authority; Hinds Circuit Court 1st District; LC Case #: 251-14-540; Ruling Date: 06/27/2015; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Westbrooks, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair and Greenlee, JJ., Concur. Barnes and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion.
Westbrooks, Latrice
X 2015-CA-01652-COA
Jameil Clark a/k/a Jameil Lee Clark a/k/a Jameil L. Clark v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1-149; Ruling Date: 10/20/2015; Ruling Judge: William Gowan, Jr.; Majority Opinion: Westbrooks, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.
Westbrooks, Latrice
X 2016-CA-00277-COA
Kemper Ehrhardt and Robert Ehrhardt v. Helen Donelson and Gary T. Huffman, as Co-Executors of the Estate of Julia Donelson Ehrhardt, Deceased; Warren Chancery Court; LC Case #: 2015-005 PR; Ruling Date: 12/07/2015; Ruling Judge: William Barnett; Majority Opinion: Westbrooks, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.
Greenlee, Jim M.
X 2016-CP-00511-COA
Larson Wright v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CV-2016-3-SM-T2; Ruling Date: 03/11/2016; Ruling Judge: Smith Murphey; Majority Opinion: Greenlee, J. Disposition: The judgment of the Tallahatchie County Circuit Court, Second Judicial District, denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tallahatchie County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Westbrooks, JJ., Concur.
Fair, Eugene Love
X 2015-KA-01900-COA
Nicholas Demorst a/k/a Nicholas Marcel Demorst a/k/a Nicholas M. Demorst a/k/a Nicholas De Morst a/k/a Marcel Denegal a/k/a LA v. State of Mississippi; Jackson Circuit Court; LC Case #: 2014-10,113; Ruling Date: 06/04/2015; Ruling Judge: Dale Harkey; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections, without eligibility for early release, earned credit, or parole, and to pay a $10,000 fine and $2,500 in restitution, is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson, Greenlee and Westbrooks, JJ., Concur.
Ishee, David Michael
XX 2016-KA-00046-COA
Melvin Hare v. State of Mississippi; Warren Circuit Court; LC Case #: 14,0168CRP; Ruling Date: 12/17/2015; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Warren County Circuit Court of conviction of depraved-heart murder and sentence of thirty years in the custody of the Mississippi Department of Corrections, with twenty-five years to serve and the remainder suspended, followed by five years of postrelease supervision, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Irving and Griffis, P.JJ., Fair, Wilson, Greenlee and Westbrooks, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion, Joined by Lee, C.J. Dissenting Opinion: Carlton, J. Votes: Lee, C.J., Joins This Opinion.
Barnes, Donna M.
XX 2016-CA-00168-COA
Kenny Walton a/k/a "K Dog" v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-076-CR2; Ruling Date: 01/07/2016; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Bolivar County, Second Judicial District, denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. Westbrooks, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: Westbrooks, J. Votes: Irving, P.J., Joins This Opinion.
Barnes, Donna M.
X 2016-KA-00435-COA
Terry Lynn Barber a/k/a Terry L. Barber a/k/a Terry Barber v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2015-64-JM-P1; Ruling Date: 03/14/2016; Ruling Judge: James McClure, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Panola County, Second Judicial District, of conviction of possession of at least one-tenth gram but less than two grams of methamphetamine, and sentence of three years in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole, and to pay a fine of $500 and an assessment of $100 to the Mississippi Crime Victims' Compensation Program, is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.
EN BANC
2015-KA-00623-COA
Dennis Thompson a/k/a Nucy a/k/a Ray Ray a/k/a Dennis Ray Thompson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0107-CRC; Ruling Date: 11/06/2014; Ruling Judge: Lee Coleman; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes and Carlton, JJ., would grant. Westbrooks, J., not participating.
EN BANC
2015-KA-00844-COA
George Lomax v. State of Mississippi; Holmes Circuit Court; LC Case #: 2014-0032; Ruling Date: 02/24/2015; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied.
EN BANC
2015-CA-01293-COA
Kent Holifield and Laurie Holifield v. City Salvage, Inc.; Jones Circuit Court 2nd District; LC Case #: 2013-15-CV3; Ruling Date: 08/11/2015; Ruling Judge: Dal Williamson; Disposition: The motion for rehearing is denied.
EN BANC
2016-CP-00142-COA
Robert J. Dever a/k/a Robert Jordan Dever a/k/a Robert Dever a/k/a Robert Denver v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-15-234; Ruling Date: 01/08/2016; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied.
EN BANC
X 2016-CA-00464-COA
Russell Gaillard v. Rea Brothers' Auctions, Inc.; Rankin Circuit Court; LC Case #: 2011-361; Ruling Date: 08/13/2015; Ruling Judge: John Emfinger; Majority Opinion: Carlton, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Fair, Wilson and Westbrooks, JJ., Concur. Irving, P.J., and Greenlee, J., Dissent Without Separate Written Opinion.