06/23/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2013-KA-01782-COA

William Henderson a/k/a William E. Henderson a/k/a William Earl Henderson v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2012-1300; Ruling Date: 04/09/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Yazoo County of conviction of statutory rape and sentence as a habitual offender of thirty years in the custody of the Mississippi Department of Corrections, without the benefit of parole or suspension of sentence, is affirmed. All costs of this appeal are assessed to Yazoo County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Marc L. Fairchild and Donna D. Fairchild v. John Bilbo and Gwen Bilbo; Forrest Chancery Court; LC Case #: 13-0445-GN-DO; Ruling Date: 02/10/2014; Ruling Judge: M. Doleac; Majority Opinion: Fair, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Houston Lee Jones a/k/a Houston Jones v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-10,745(1); Ruling Date: 11/22/2013; Ruling Judge: Robert Krebs; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of deliberate-design murder and sentence of life in the custody of the Mississippi Department of Correction is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Concurs in Result Only Without Separate Written Opinion.

Clemmie Walker v. James May; Calhoun Circuit Court; LC Case #: CV2012-000014-H; Ruling Date: 12/28/2012; Ruling Judge: John Gregory; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Calhoun County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Christopher Deans v. Kathy Reed McColumn; Hinds Chancery Court 1st District; LC Case #: G2011-2175; Ruling Date: 09/19/2013; Ruling Judge: William Singletary; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the result. James, J., Concurs in Part.

Stanley Montgomery a/k/a Stanley Joseph Montgomery v. State of Mississippi; Winston Circuit Court; LC Case #: 2014-002-CV-L; Ruling Date: 03/10/2014; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Winston County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Winston County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Joseph Snow Schrotz v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-13-657; Ruling Date: 03/19/2014; Ruling Judge: Roger Clark; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of misdemeanor trespass and sentence of six months in the custody of the Harrison County Sheriff's Department, and felony failure to stop a motor vehicle, and sentence as a habitual offender of five years in the custody of the Mississippi Department of Corrections, without the possibility of probation or parole, with the sentences to run consecutively, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Christopher Benoman a/k/a Christopher Deshone Benoman a/k/a Christopher Deshane Benoman a/k/a Christopher D. Benoman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-034 (W); Ruling Date: 07/23/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lauderdale County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part.

Darrell Tillis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-602; Ruling Date: 12/01/2011; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied.

The Claiborne County Board of Education and the Claiborne County School District, By and Through Elijah Brown, the Duly Elected Superintendent of Education, and Josie McClorine, a Duly Elected Member and President of the Board of Education v. Mississippi State Board of Education, Mississippi Commission on School Accreditation, and Mississippi Department of Education; Hinds Circuit Court 1st District; LC Case #: 251-13-837CIV; Ruling Date: 09/20/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: The appellants' motion to reconsider is denied. Order entered.

Terrell G. Bass a/k/a Terrell Gene Bass a/k/a Terrell Bass v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0450m; Ruling Date: 10/07/2013; Ruling Judge: Anthony Mozingo; Disposition: The motion for rehearing is denied. Carlton, J., not participating.

Kerry L. Morgan a/k/a Kerry Louis Morgan a/k/a Bones v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CV2013-20JMY1; Ruling Date: 10/10/2013; Ruling Judge: James McClure, III; Disposition: On the Court's own motion, the mandate is hereby recalled. Morgan's motion for rehearing shall be accepted as timely filed. Order entered.

Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 12/11/2013; Ruling Judge: Robert Lancaster; Consolidated with 2008-M-01855-COA Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 10/28/2008; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2009-CT-01412-COA Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: McGehee, S.J. Disposition: The judgment of the Marshall County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., and Ishee, J., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Irving, P.J. Barnes, Roberts, Maxwell, Fair and James, JJ., Not Participating. Dissenting Opinion: Carlton, J. Votes: Lee, C.J., and Irving, P.J., Join This Opinion.

Cynthia Easterling a/k/a Dr. Cynthia Moore, Individually and as Member of Meliotus L.L.C. v. Rhett R. Russell, Individually and as a Member of Meliotus L.L.C.; Lee Chancery Court; LC Case #: 13-1242-41-H; Ruling Date: 12/13/2013; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Barnes and Fair, JJ., not participating.

Moss Point School District and Mississippi Municipal Workers' Compensation Group v. Benjamin Harris; LC Case #: 1106531-M-1476; Ruling Date: 12/05/2014; Disposition: The appellants' motion to dismiss is granted. The appeal is dismissed pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure. All costs of this appeal are assessed to the appellants. Order entered.

Yolanda Fisher v. Cracker Barrel Old Country Store and ACE American Insurance Company; LC Case #: 1204279-M-0753-E; Ruling Date: 03/13/2015; Disposition: The parties' joint motion to dismiss the appeal is granted. The appeal is hereby dismissed pursuant to Mississippi Rule of Appellate Procedure 42(b). Each party shall bear its own costs. Order entered.

Marcus Everett v. Mississippi Department of Public Safety; LC Case #: 0511087-K-2690-C; Ruling Date: 03/10/2015; Disposition: The appeal is dismissed as untimely filed. All costs of this appeal are assessed to the appellant. Order entered.

Demetrius Vonshelle Owens a/k/a Demetrius Owens a/k/a Demetrius V. Owens v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2014-25-GCP1; Ruling Date: 10/20/2014; Ruling Judge: Gerald Chatham, Sr.; Disposition: This appeal is dismissed for lack of jurisdiction. Order entered.