06/21/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2015-CA-00185-COA

ARD, LLC v. Trulite Glass & Aluminum Solutions, LLC; Rankin Circuit Court; LC Case #: 2013-290-E; Ruling Date: 01/16/2015; Ruling Judge: John Emfinger; Majority Opinion: Greenlee, 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., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James and Wilson, JJ., Concur. Fair, J., not participating.

James Little v. The Mayor and the Board of Aldermen of the City of Ocean Springs, Mississippi; Jackson Circuit Court; LC Case #: 2013-00.012; Ruling Date: 01/30/2015; Ruling Judge: Kathy Jackson; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur.

Jason Bozeman a/k/a Jason Bozman v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0055; Ruling Date: 03/24/2015; Ruling Judge: Charles Webster; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of Count I, fondling, and sentence of fifteen years, to run consecutively to any other sentences previously imposed; Count II, fondling, and Count III, attempted fondling, and sentences on both Counts II and III of fifteen years, with five years suspended for post-release supervision, and with Counts II and III to run consecutively to Count I but concurrently with each other, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Tunica County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur.

Helene Benson v. Mack D. Rather d/b/a The Tint Shop and Vicksburg Printing and Publishing Company ; Warren Circuit Court; LC Case #: 13,0093-CI; Ruling Date: 12/01/2014; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Warren County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Fair, Wilson and Greenlee, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion. James, J., not participating.

James Keith Cooley and Cooley Drug, Inc. v. J.M. Smith Corporation d/b/a Smith Drug Company; Wayne Circuit Court; LC Case #: CV-2013-09-B; Ruling Date: 11/20/2013; Ruling Judge: Robert Bailey; Majority Opinion: Carlton, J. Disposition: The judgment of the Wayne County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Greenlee, J., not participating.

Clyde Campbell v. State of Mississippi; Adams Circuit Court; LC Case #: 09-KV-0020-J; Ruling Date: 02/25/2014; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Adams County Circuit Court dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Adams County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

Christopher Lee Conyers a/k/a Christopher L. Conyers a/k/a Christopher Conyers v. State of Mississippi; Lafayette Circuit Court; LC Case #: L15-093; Ruling Date: 03/19/2015; Ruling Judge: John Luther; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lafayette County denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Lafayette County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

James Charles Funchess a/k/a James Funchess a/k/a James Funches v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2015-0005-E; Ruling Date: 02/10/2015; Ruling Judge: John Emfinger; Consolidated with 2015-CP-00680-COA James Charles Funchess a/k/a James Funchess v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2015-0059-E; Ruling Date: 04/15/2015; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgments of the Madison County Circuit Court dismissing the motions for postconviction relief are affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Joe M. Gillespie a/k/a Joe Mitchell Gillespie a/k/a Joe Gillespie v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2013-0380-CRH; Ruling Date: 02/02/2015; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of robbery and sentence as a habitual offender of fifteen years 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 Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

James Wesley Scott a/k/a James W. Scott a/k/a James Scott v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-556CR; Ruling Date: 09/16/2014; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Forrest County Circuit Court of conviction of Count I, attempted rape, and sentence as a habitual offender of life without the possibility of parole; Count II, kidnapping, and sentence as a habitual offender of life without the possibility of parole; and Count III, burglary of a dwelling, and sentence as a habitual offender of life without the possibility of parole, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Tracey Tyrone Isaac a/k/a Tracey Isaac a/k/a Tracey T. Isaac a/k/a Tracy Tyrone Isaac v. State of Mississippi; Pike Circuit Court; LC Case #: 12-028-PKS; Ruling Date: 04/08/2015; Ruling Judge: David Strong, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Amos Hicks v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,080; Ruling Date: 04/17/2015; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Jackson County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Joel Jones a/k/a Joel Dudley Jones a/k/a "Blue" v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0471-CR1K; Ruling Date: 08/25/2014; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years, with eight years suspended, and five years of post-release supervision, and to pay a $1,000 fine; and Count II, aggravated assault, and sentence of twenty years and to pay a $1,000 fine, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Billy Bergeron a/k/a Billy J. Bergeron a/k/a Billy Jay Bergeron a/k/a Billy James Bergeron v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 214-22; Ruling Date: 03/09/2015; Ruling Judge: Eddie Bowen; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Jasper County of conviction of molestation and sentence of fifteen years in the custody of the Mississippi Department of Corrections, without eligibility for parole or early release, is affirmed. All costs of this appeal are assessed to Jasper County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Nathan Paul King a/k/a Nathan King a/k/a Dooley v. Rick McCarty and Marshall Fisher; Greene Circuit Court; LC Case #: 2014-226(2); Ruling Date: 05/01/2015; Ruling Judge: Kathy Jackson; Majority Opinion: Irving, P.J. Disposition: The judgment of the Greene County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Arthur Randallson and April Randallson v. Randall Green and Laura Green; DeSoto Chancery Court; LC Case #: 13-CV-412; Ruling Date: 11/12/2014; Ruling Judge: Vicki Daniels; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Mario Rucker a/k/a Mario Terrell Rucker v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-0- 138CRW; Ruling Date: 01/12/2015; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, of conviction of aggravated assault and sentence as a habitual offender of life without parole in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Justin Dominique Holmes a/k/a Justin Domonique Holmes a/k/a Justin Holmes a/k/a Justin D. Holmes v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-00496; Ruling Date: 11/08/2012; Ruling Judge: John Gargiulo; Disposition: The motion for rehearing is denied.

George Affleck a/k/a George M. Affleck a/k/a George Marcus Affleck v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-596; Ruling Date: 04/16/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: The motions for rehearing are denied. Lee, C.J., not participating.

Jeycob England v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-125-00 TTG; Ruling Date: 12/12/2013; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied.

Linda Carlson v. Larry Brabham; Amite Chancery Court; LC Case #: 2011-0105; Ruling Date: 11/07/2013; Ruling Judge: Ray Montgomery; Disposition: The motion for rehearing is denied.

Sean Land a/k/a Sean L. Land v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-204-KR2; Ruling Date: 06/09/2014; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied.

Greg Canerdy v. Don Montgomery; Tippah Circuit Court; LC Case #: T04-051; Ruling Date: 09/27/2004; Ruling Judge: John Gregory; Disposition: The motion for rehearing is denied. James, J., would grant. Greenlee, J., not participating.

Tasha Davis, Individually, and Tasha Davis for and on Behalf of the Wrongful Death Heirs of Callie Allyn Davis, Deceased v. Jones County School District; Jones Circuit Court 1st District; LC Case #: 2013-8-CV3; Ruling Date: 03/25/2014; Ruling Judge: L. Hilburn; Disposition: The motion for rehearing is denied. Carlton and James, JJ., would grant. Lee, C.J., not participating.

Michael Kirby and William T. Heimer v. BancorpSouth Bank; Madison Circuit Court; LC Case #: CI2008-0279-JC; Ruling Date: 08/07/2014; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. James, J., would grant.

James Terry Campbell and Antonio Marquiz Thomas v. James Jones; Scott Circuit Court; LC Case #: 2011-CV-046-SC-C; Ruling Date: 06/23/2014; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied.

Averald D. Burnett, Jr. a/k/a Junior Burnett a/k/a JR v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2014-228MH; Ruling Date: 01/23/2015; Ruling Judge: Prentiss Harrell; Disposition: The appellant's April 4, 2016 motion to file a corrected brief is granted. The brief filed on that date shall be the final version of the appellant's brief. No further corrections shall be permitted. Within thirty days of the entry of this order, Michael W. Crosby shall pay the clerk of this Court the sum of $250 in sanctions. Order entered. Griffis, P.J., and James, J., not participating.

Averald D. Burnett, Jr. a/k/a Junior Burnett a/k/a JR v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2014-228MH; Ruling Date: 01/23/2015; Ruling Judge: Prentiss Harrell; Disposition: The appellant's April 4, 2016 motion to file a corrected brief is granted. The brief filed on that date shall be the final version of the appellant's brief. No further corrections shall be permitted. Within thirty days of the entry of this order, Michael W. Crosby shall pay the clerk of this Court the sum of $250 in sanctions. Order entered. Griffis, P.J., and James, J., not participating.