06/22/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-00200-COA

Talmadge Miller v. Ann Myers; Hinds Circuit Court 1st District; LC Case #: 251-05-1120-CIV; Ruling Date: 12/15/2008; Ruling Judge: Tomie Green; Majority Opinion: Maxwell, 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., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

Ronnie Sanders v. State of Mississippi; Marshall Circuit Court; LC Case #: CR2008-00122A; Ruling Date: 02/25/2009; Ruling Judge: Andrew Howorth; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Marshall County of conviction of burglary of a building other than a dwelling and sentence of seven years in the custody of the Mississippi Department of Corrections and to pay a $2,000 fine is affirmed. All costs of this appeal are assessed to Marshall County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion. King, C.J., concurs in result only without separate written opinion. Carlton, J., not participating.

Cearic A. Barnes v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2006-59LT; Ruling Date: 04/05/2007; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lincoln County dismissing the motion for post-conviciton relief is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

In the Matter of the Estate of Jessie Lee Williams, Jr., Deceased, By and Through His Brother and Next Friend, Terry Williams, Wrongful Death Representative: Contessa Gray, Guardian of Jyshawn Michael Gray v. The Estate of Jessie Lee Williams, Jr.; Harrison Chancery Court 1st District; LC Case #: 06-00346-1; Ruling Date: 12/13/2007; Ruling Judge: James Persons; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Brian E. Wikel v. Bethany J. Wikel Miller; Oktibbeha Chancery Court; LC Case #: 2004-0496; Ruling Date: 12/02/2008; Ruling Judge: Kenneth Burns; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Oktibbeha County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Lee, P.J., and Ishee, J. Dissenting Opinion: Carlton, J. Votes: Lee, P.J., and Ishee, J., join this opinion.

L.O. v. G.V.; Forrest Chancery Court; LC Case #: 98-0760-GN-TH; Ruling Date: 11/05/2008; Ruling Judge: James Thomas, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Ishee, Roberts and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result. King, C.J., concurs in result only. Carlton, J., not participating.

Robbie R. Eubanks Burnsed v. Bill A. Merritt and Mary Jacquilyn Merritt; George Circuit Court; LC Case #: 2006-0134(3); Ruling Date: 12/04/2008; Ruling Judge: Dale Harkey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of George County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

William Harris, Sr. v. State of Mississippi; Sharkey Circuit Court; LC Case #: 3182; Ruling Date: 10/15/2008; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Sharkey County of conviction of sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections, with fifteen years to serve and five years of post-release supervision, and to pay a $5,000 fine, $1,000 to the Crime Victims' Compensation Fund, and $166.50 in state assessments, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Maxwell, J., concurs in part and in the result. Carlton, J., not participating.

Randall M. Powell v. State of Mississippi; Copiah Circuit Court; LC Case #: 2008-0181CR; Ruling Date: 03/03/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of statutory rape and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

William P. Knox, Individually and as Trustee of the William P. Knox Revocable Living Trust v. BancorpSouth Bank, a Mississippi Banking Corporation; DeSoto Circuit Court; LC Case #: CV06-287-CD; Ruling Date: 06/26/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., not participating.

Morgan Dignowity and Regina Dignowity v. Konrad Dignowity, III as Conservator of the Estate of Ida Dignowity; Marshall Chancery Court; LC Case #: 05-0049; Ruling Date: 01/08/2009; Ruling Judge: Glenn Alderson; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Marshall County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Barnes and Carlton, JJ., not participating.

James E. Langham v. Nicholas Behnen; Hancock Circuit Court; LC Case #: 06-0114; Ruling Date: 02/10/2009; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., dissents without separate written opinion. Carlton, J., not participating.

Thornton Peterson, Jr. a/k/a Thornton Peterson v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2001-0258-K; Ruling Date: 02/20/2004; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Tameca Drummer v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR06-340; Ruling Date: 04/18/2008; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Terry Lee Madden v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0019; Ruling Date: 06/11/2008; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

In the Matter of the Estate of Bobby Ray Finley, Deceased, Kenneth Ray Finley and Sandra Finley McCardle v. Jessie Daryl Finley; Perry Chancery Court; LC Case #: 2005-0032-P-TH; Ruling Date: 06/30/2008; Ruling Judge: James Thomas, Jr.; Disposition: The motion for rehearing is denied. King, C.J., and Carlton, J., would grant. Order entered.

Estate of Cynthia Gilkey Wallace, Deceased, by Louis M. Wallace v. Emad H. Mohamed, M.D., Bristol-Myers Squibb Co. and Sanofi-Synthelabo, Inc.; Lowndes Chancery Court; LC Case #: 2005-0178; Ruling Date: 06/23/2008; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

John Henry Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-123(CIV); Ruling Date: 12/13/2007; Ruling Judge: Tomie Green; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result. Irving and Carlton, JJ., not participating.

The Heritage Building Property, LLC, Jenkins Heritage, LLC and Elverton Investments, LLC v. Prime Income Asset Management, Inc. and TCI Heritage Building, Inc.; Rankin Chancery Court; LC Case #: 62578; Ruling Date: 07/25/2008; Ruling Judge: John Grant, III; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Barbara Jones, Natural Mother and Adult Next Friend of Jeramy Juan Jones, a Minor v. Laurel Family Clinic, P.A., Division of South Central Regional Medical Center and South Central Regional Medical Center; Jones Circuit Court 2nd District; LC Case #: 2007-224-CV10; Ruling Date: 08/11/2008; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Charles T. Scarborough v. Mildred P. Rollins; Oktibbeha Chancery Court; LC Case #: 06-0300-B; Ruling Date: 08/28/2008; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Kirk Vincent Mayers v. State of Mississippi; Rankin Circuit Court; LC Case #: 18969; Ruling Date: 09/11/2008; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Irving and Carlton, JJ., not participating. Order entered.

Terry Lee Lattimore a/k/a Terry L. Lattimore, Sr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-255(CM)(W); Ruling Date: 09/30/2008; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Chad Booker v. State of Mississippi; Tippah Circuit Court; LC Case #: TK2007-043; Ruling Date: 12/03/2008; Ruling Judge: Henry Lackey; Majority Opinion: Roberts, J. Disposition: The judgment of the Tippah County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections with ten years suspended and five years of post-release supervision and to pay $25,000 in restitution is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Griffis and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion. Ishee, J., dissents with separate written opinion joined by King, C.J. Barnes and Carlton, JJ., not participating. Dissenting Opinion: Ishee, J. Votes: King, C.J., joins this opinion.

Christopher Darnell Eugene Roach v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2007-00925; Ruling Date: 11/06/2008; Ruling Judge: Roger Clark; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Harrison County 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.