06/21/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-CP-00699-COA

Vincent Bailey v. State of Mississippi; Clay Circuit Court; LC Case #: 2010-0071; Ruling Date: 04/14/2010; Ruling Judge: Lee Howard; Majority Opinion: Maxwell, J. Disposition: The judgment of the Clay County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Clay County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Carlton, JJ., concur. Russell, J., not participating.

Charles E. Pegues a/k/a Ducky v. State of Mississippi; Lafayette Circuit Court; LC Case #: L10-005; Ruling Date: 03/22/2010; Ruling Judge: Andrew Howorth; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lafayette County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lafayette County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Susan Kristine (Gregory) Jenkins v. Robert Wayne Jenkins, Jr.; Jones Chancery Court 2nd District; LC Case #: 2007-0269; Ruling Date: 11/03/2009; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Jones County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Russell, J., not participating.

Leon Felix, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0046-CI-P; Ruling Date: 04/21/2010; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Warren County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee and Roberts, JJ., concur. Maxwell, J., concurs in part and in the result. Russell, J., not participating.

Bonnie Smith v. Harrison County, Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2007-137; Ruling Date: 04/23/2010; Ruling Judge: Roger Clark; Majority Opinion: Carlton, 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., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Russell, J., not participating.

In The Matter of the Last Will and Testament and Estate of J. Wesley Cooper, Deceased: Janice C. Cooper v. Carolyn C. Guido; Adams Chancery Court; LC Case #: 2008-585; Ruling Date: 06/30/2010; Ruling Judge: E. Davis; Majority Opinion: Carlton, J. Disposition: The judgment of the Adams County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts and Maxwell, JJ., concur. Barnes and Russell, JJ., not participating.

Christopher Thomas v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2009-142MP2; Ruling Date: 01/15/2010; Ruling Judge: James McClure, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Panola County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Mississippi Department of Public Safety Board On Law Enforcement Officer Standards and Training v. Augustus Johnson; Leflore Chancery Court; LC Case #: G08-0157; Ruling Date: 02/04/2010; Ruling Judge: Jon Barnwell; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Leflore County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Bridget Marie Parra v. Paul William Parra; Warren Chancery Court; LC Case #: 2009-002GN; Ruling Date: 10/21/2009; Ruling Judge: Vicki Barnes; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Warren County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Karl Weeden v. Mississippi Department of Employment Security; Tunica Circuit Court; LC Case #: 2010-0040; Ruling Date: 04/12/2010; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Jamie Triste v. State of Mississippi; Itawamba Circuit Court; LC Case #: 2010-013RI; Ruling Date: 06/14/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Itawamba County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

The Public Employees' Retirement System v. Rebecca Worlow; Hinds Circuit Court 1st District; LC Case #: 251-06-731-CIV; Ruling Date: 12/10/2009; Ruling Judge: Winston Kidd; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Connie Lynn Armstead v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0279-CR; Ruling Date: 02/03/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of Count I, robbery, and sentence of ten years in the custody of the Mississippi Department of Corrections and to pay a $1,000 fine and $765 in restitution is affirmed; and Count II, directing a minor to commit a felony, is reversed and rendered. All costs of this appeal are assessed one-half to the appellant and one-half to Okibbeha County. Votes: Myers and Ishee, JJ., concur. Roberts, J., concurs with separate written opinion joined by Griffis, P.J., Barnes and Maxwell, JJ. Irving, P.J., concurs in result only. Carlton, J., concurs in part and dissents in part with separate written opinion. Russell, J., not participating. Concurring Opinion: Roberts, J. Votes: Griffis, P.J., Barnes and Maxwell, JJ., join this opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Patrick Franklin v. State of Mississippi; Tunica Circuit Court; LC Case #: 2007-0091; Ruling Date: 06/27/2008; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Lawonda Shephard and Alfred Kirkham v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-022-CR2; Ruling Date: 12/17/2008; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Corey Lewis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-367 CIV; Ruling Date: 05/29/2009; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Arturo Aquirre Moreno v State of Mississippi; Lamar Circuit Court; LC Case #: 2008-202H; Ruling Date: 11/10/2009; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jeffery Marcel Robinson v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2009-20MP2; Ruling Date: 05/29/2009; Ruling Judge: James McClure, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Paul R. Cook v. The Home Depot and American Home Assurance Company; Rankin Circuit Court; LC Case #: 2009-099-R; Ruling Date: 08/20/2009; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Anthony Crutcher v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2007-989-CD; Ruling Date: 11/05/2009; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Corey T. Lee v. Jean Miller Lee; DeSoto Chancery Court; LC Case #: 07-08-1564; Ruling Date: 04/01/2009; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Edward L. Montedonico, Trustee for the Bankruptcy Estate of Michael Jefferies v. Mt. Gillion Baptist Church; Panola Circuit Court 2nd District; LC Case #: CV2008-316MP2; Ruling Date: 11/10/2009; Ruling Judge: James McClure, III; Disposition: The motion for reheairng is denied. Irving, P.J., would grant. Russell, J., not participating. Order entered.

Jason Farris v. Mississippi Transportation Commission; Lee Circuit Court; LC Case #: Cv05-005-GL; Ruling Date: 11/03/2009; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Edna Mae Sanders v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-07-012; Ruling Date: 04/09/2008; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant. Russell, J., not participating. Order entered.

In The Matter of The Estate of Bobbye N. Brill, Deceased and Annie Hobson Nichols, Deceased: Frank Nichols v. Shirlee N. Phillips and Kathryn Kennington; Hinds Chancery Court 1st District; LC Case #: P2004-354 R/1; Ruling Date: 11/16/2009; Ruling Judge: Patricia Wise; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Maney Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-10,227(2); Ruling Date: 01/15/2010; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Mark Kee Brown v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-08-586; Ruling Date: 02/02/2010; Ruling Judge: Roger Clark; Majority Opinion: Myers, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of felony escape and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for probation or parole is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., specially concurs with separate written opinion joined by Lee, C.J., Barnes and Ishee, JJ. Roberts, J., dissents with separate written opinion joined by Griffis, P.J. Russell, J., not participating. Specially Concurring Opinion: Carlton, J. Votes: Lee, C.J., Barnes and Ishee, JJ., join this opinion. Dissenting Opinion: Roberts, J. Votes: Griffis, P.J., joins this opinion.

Willie Ray Lay v. State of Mississippi; Scott Circuit Court; LC Case #: 09-CV-178-SC-G; Ruling Date: 12/28/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Scott County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Ralston Jannice v. State of Mississippi; Lafayette Circuit Court; LC Case #: L10-180; Ruling Date: 04/13/2010; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lafayette County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lafayette County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.