06/24/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
XX  2013-CP-00915-COA

Douglas Davis v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2013-0145-CV-K; Ruling Date: 05/01/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Oktibbeha County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Concurs in Part and in the Result With Separate Written Opinion, Joined In Part by James, J. Concurring in Part and in Result Opinion: Carlton, J. Votes: James, J., Joins This Opinion in Part.

Barbara Ann Thompson Bolton v. Roger Weiner, M.D.; Coahoma Circuit Court; LC Case #: 14-CI-04-0162; Ruling Date: 08/14/2012; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Coahoma County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee and Maxwell, JJ., Concur. Roberts, J., Concurs in Result Only Without Separate Written Opinion. Griffis, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Fair and James, JJ., Dissent Without Separate Written Opinion.

Henry J. Laneri, III v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-00012; Ruling Date: 04/17/2013; Ruling Judge: John Gargiulo; Majority Opinion: Carlton, J. Disposition: The judgment of the Hancock County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell, Fair and James, JJ., Concur. Barnes and Roberts, JJ., Concur in Result Only.

Brandon Celestine v. State of Mississippi; Pike Circuit Court; LC Case #: 10-191-PCT; Ruling Date: 01/23/2013; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: The judgment of the Pike County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of the appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jimmy C. Reed Jr. v. Gail Gillespie Reed; Lafayette Chancery Court; LC Case #: 2012-007(R); Ruling Date: 05/20/2013; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed in part and reversed in part, and this case is remanded for a new trial. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Not Participating.

Emanuel Sanders v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0112-CV1H; Ruling Date: 05/29/2013; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

George Michael Bass a/k/a George M. Bass v. State of Mississippi; Rankin Circuit Court; LC Case #: 2013-0083-JE; Ruling Date: 06/21/2013; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgment of the Rankin County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion.

Violet Meekins and Alex Gates, Chapter 7 Trustee for the Northern District of Mississippi for and on Behalf of Violet Meekins v. Eric M. Kennon; DeSoto Circuit Court; LC Case #: CV2011-296RCD; Ruling Date: 08/21/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Barnes, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James Lewis a/k/a James A. Lewis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-418; Ruling Date: 11/20/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Hinds 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 Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Frederick D. Small a/k/a Frederick Deaine Small a/k/a Frederick Dewaine Small a/k/a Frederick Small v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2013-062CD; Ruling Date: 05/10/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Albert Edmond a/k/a Albert Edmonds v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-993CIV; Ruling Date: 07/19/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Hinds County denying the motion for post-conviction relief is vacated, and this appeal is dismissed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Gae Dickinson v. Jonathan Vanderburg d/b/a Wash & Dry and Howard Sidney Vanderburg; DeSoto Circuit Court; LC Case #: CV2011-020RCD; Ruling Date: 12/07/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only.

In the Interest of J.M.S., A Minor; DeSoto Youth Court; LC Case #: YC2013-0027WD; Ruling Date: 05/09/2013; Ruling Judge: Celeste Wilson; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Youth Court of conviction of simple assault and sentence of one day in the DeSoto County juvenile detention facility, with ten months supervised probation, and fine of $387.76, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Melvin Tyrone Thornton a/k/a Melvin Thornton v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6408; Ruling Date: 03/03/2011; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied.

Arthur Woods v. State of Mississippi; Leflore Circuit Court; LC Case #: 2010-0027CI; Ruling Date: 08/30/2011; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.

Matthew Gibbs a/k/a Matthew Gibbes v. State of Mississippi; Smith Circuit Court; LC Case #: 2009-55K; Ruling Date: 05/10/2012; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied.

In the Matter of the Estate of Charles William White, Deceased: Anita White, Individually and as Executor of the Estate of Charles William White v. Charles Thomas White; DeSoto Chancery Court; LC Case #: 09-06-1369(PL); Ruling Date: 11/23/2011; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Barnes, J., not participating.

Warren D. Friday a/k/a Warren Friday a/k/a Warren Douglas Friday, Jr. a/k/a Warren Doug Friday v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0070-CV1; Ruling Date: 09/21/2012; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied.

In the Matter of the Estate of Patricia McDaniel Langston, Deceased: Ethel Williams v. Mansfield Langston; Sunflower Chancery Court; LC Case #: CV-2005-000225; Ruling Date: 02/02/2012; Ruling Judge: Janace Goree; Consolidated with 2008-CT-01090-SCT In the Matter of the Estate of Patricia McDaniel Langston, Deceased: Mansfield Langston v. Ethel Williams; Sunflower Chancery Court; LC Case #: 2005-0225; Ruling Date: 06/16/2008; Ruling Judge: Janace Goree; Disposition: The motion for rehearing is denied. James, J., not participating.

Greg Williams a/k/a Gregory W. Williams a/k/a Williams, Gregory Wayne a/k/a Gregory Williams v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2010-804; Ruling Date: 10/22/2012; Ruling Judge: Roger Clark; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court dismissing the appeal is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Maxwell and Fair, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Irving, P.J.; Barnes and James, JJ., Join In Part. James, J., Dissents With Separate Written Opinion, Joined by Carlton, J. Dissenting Opinion: Carlton, J. Votes: Irving, P.J., Joins This Opinion. Barnes and James, JJ., Join This Opinion in Part. Dissenting Opinion: James, J. Votes: Carlton, J., Joins This Opinion.

Bertha Mae Wilson a/k/a Bertha M. Wilson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2012-92; Ruling Date: 01/25/2013; Ruling Judge: Lisa Dodson; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of deliberate-design murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Lee, C.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion. James, J., Dissents With Separate Written Opinion. Dissenting Opinion: James, J.

Tanya Michaele O'Neal a/k/a Tanya Michaele Porter v. Steven Ketchum; Harrison Chancery Court 1st District; LC Case #: C2401-11-02164(2); Ruling Date: 02/27/2013; Ruling Judge: Jennifer Schloegel; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison 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 Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: James, J.

James H. Bosarge v. State of Mississippi; Jackson Circuit Court; LC Case #: 2013-00,070(1); Ruling Date: 04/08/2013; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied.

Adrian D. Smith a/k/a Adrian Demond Smith a/k/a Adrian Demon Smith v. State of Mississippi; Copiah Circuit Court; LC Case #: 2012-0083CR; Ruling Date: 01/14/2014; Ruling Judge: Lamar Pickard; Disposition: Appellant Adrian D. Smith's pro se motion to dismiss the appeal is granted. The appeal is dismissed pursuant to Mississippi Rule of Appellate Procedure 42(b). All costs associated with this appeal are assessed to Copiah County. Ordered entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-00147; Ruling Date: 02/21/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Appellant David Paul Anderson's motion to reconsider Chief Judge Lee's order denying appellant's motion to disqualify Chief Judge Lee is denied. Order entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-00147; Ruling Date: 02/21/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Appellant David Paul Anderson's motion to reconsider Presiding Judge Irving's order denying appellant's motion to disqualify Presiding Judge Irving is denied. Order entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-00147; Ruling Date: 02/21/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Appellant David Paul Anderson's motion to reconsider Presiding Judge Griffis's order denying appellant's motion to disqualify Presiding Judge Griffis is denied. Order entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-00147; Ruling Date: 02/21/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Appellant David Paul Anderson's motion to reconsider Judge Barnes's order denying appellant's motion to disqualify Judge Barnes is denied. Order entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-00147; Ruling Date: 02/21/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Appellant David Paul Anderson's motion to reconsider Judge Roberts's order denying appellant's motion to disqualify Judge Roberts is denied. Order entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-00147; Ruling Date: 02/21/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Appellant David Paul Anderson's motion to reconsider Judge Ishee's order denying appellant's motion to disqualify Judge Ishee is denied. Order entered.