06/23/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-CA-00575-COA

Walter Reid Elliott v. Dolores Elaine Garner Elliott; DeSoto Chancery Court; LC Case #: 07-02-0266(VC); Ruling Date: 03/25/2008; Ruling Judge: Vicki Cobb; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Chancery Court 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.

Johnnie Swans v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2008-CI17; Ruling Date: 07/24/2008; Ruling Judge: Jannie Lewis; Majority Opinion: Carlton, J. Disposition: The judgment of the Yazoo County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Yazoo County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Jay F. Swindle, Sr. and Community Bank, Ellisville, Mississippi v. William T. Harvey and Ellen Tanner Harvey; Covington Circuit Court; LC Case #: 2007-64C; Ruling Date: 03/18/2008; Ruling Judge: Robert Evans; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Covington 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, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Jeffery S. Goellner v. Tena C. Goellner; George Chancery Court; LC Case #: 2007-0194 RP; Ruling Date: 03/28/2008; Ruling Judge: Randy Pierce; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of George 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, Carlton and Maxwell, JJ., concur.

Arthur D. Carlisle, Administrator of The Estate of Charles E. Allen, III, Deceased v. Janet Ellen Davis Allen; Pearl River Chancery Court; LC Case #: 02-0328-GN-TH; Ruling Date: 10/19/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Pearl River County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Stone County Publishing, Inc. d/b/a The Times of Stone County and South Mississippi v. Bill Prout, Darrell Berry, Donna Rouse, Mike Cain and Thomas E. Hall; Stone Circuit Court; LC Case #: 2006-140; Ruling Date: 06/20/2007; Ruling Judge: Lisa Dodson; Majority Opinion: Ishee, J. Disposition: The judgment of the Stone County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Benito Jo Ruiz, Jr. v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0006; Ruling Date: 11/01/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of sexual battery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections and to register as a sex offender is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Irene Stark and Husband, Kenneth Stark v. Greenwood Leflore Hospital, R. Bruce Newell, M.D., and Greenwood Orthopedic Clinic; Leflore Circuit Court; LC Case #: 2005-0121-CICI; Ruling Date: 06/15/2007; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Leflore County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., not participating.

Claiborne County, Mississippi and Claiborne County Board of Supervisors v. Eddie Ray Parker; Claiborne Circuit Court; LC Case #: 2006-97; Ruling Date: 12/12/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Claiborne County is vacated, and the decision of the Board of Supervisors is reinstated. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Larry Smith a/k/a Larry Floyd Smith v. State of Mississippi; Scott Circuit Court; LC Case #: 07-CV-439-SC-G; Ruling Date: 12/07/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Scott County Circuit Court denying and dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Bobby Wayne Walley v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2007-83-B; Ruling Date: 05/27/2008; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Wayne County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Wayne County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Myron Pollard v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0042; Ruling Date: 03/12/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Coahoma 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, Carlton and Maxwell, JJ., concur.

Prentiss E. Sellers v. Nancy Bridges Sellers; Neshoba Chancery Court; LC Case #: 2005-332-K; Ruling Date: 06/15/2007; Ruling Judge: J. Kilpatrick; Majority Opinion: Irving, J. Disposition: The judgment of the Neshoba County Chancery Court is affirmed in part, reversed and rendered in part, and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellee and one-half to the appellant. Votes: Lee, P.J., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. King, C.J., concurs in result only without separate written opinion. Myers, P.J., dissents without separate written opinion. Roberts, J., not participating.

Michael Gene Ray a/k/a Mike v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0458-CR1; Ruling Date: 02/22/2008; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lowndes County Circuit Court 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 Lowndes County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dori Worthy v. Dr. Timothy Trainor; Pearl River Circuit Court; LC Case #: 2007-0045-H; Ruling Date: 02/19/2008; Ruling Judge: Prentiss Harrell; Majority Opinion: Lee, P.J. Disposition: The judgment of the Pearl River County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in result only.

Thomas S. Beddingfield v. Jennifer L. Beddingfield; Lauderdale Chancery Court; LC Case #: 06-982-M; Ruling Date: 02/28/2008; Ruling Judge: Jerry Mason; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lauderdale County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Harry Vinson v. Elizabeth Vinson Vidal; DeSoto Chancery Court; LC Case #: 04-08-131(MM); Ruling Date: 08/23/2007; Ruling Judge: Vicki Cobb; Majority Opinion: Lee, P.J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only.

Hillie Fulgham v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0066-CR; Ruling Date: 10/18/2007; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of burglary of a business and sentence as a habitual offender to seven years in the custody of the Mississippi Department of Corrections, without eligibility for parole, and to pay a $10,000 fine, is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result.

Clarris Turner v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0184-CV1; Ruling Date: 05/18/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Sharon Davis v. Gary Davis, M.D.; Rankin Chancery Court; LC Case #: 44712; Ruling Date: 05/29/2007; Ruling Judge: John Grant, III; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Douglas Duvall Hill v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-06-00187; Ruling Date: 06/21/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Victor Perryman v. State of Mississippi; Copiah Circuit Court; LC Case #: 2007-00118-CR; Ruling Date: 08/01/2007; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Pamela J. Tucker v. Rees-Memphis, Inc. A Corporation and Timesavers, Inc., A Corporation; Alcorn Circuit Court; LC Case #: CV02-170(R)A; Ruling Date: 08/09/2007; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Irving, J., would grant. Maxwell, J., not participating. Order entered.

Tony Ames v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0207-CR1; Ruling Date: 08/29/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Chris Miller and Johnny L. Miller a/k/a Snapper v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-045-CR; Ruling Date: 10/31/2007; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.