06/25/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2011-CP-01572-COA

Philip A. Vazzana v. City of Greenville; Washington Circuit Court; LC Case #: CI2010-0056; Ruling Date: 09/15/2011; Ruling Judge: Margaret Carey-McCray; Majority Opinion: James, J. Disposition: The judgment of the Washington 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, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

David Foster a/k/a David A. Foster v. Brenda Bennamon, Lt. Earnest Young and Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2011-0048; Ruling Date: 02/26/2012; Ruling Judge: Margaret Carey-McCray; Majority Opinion: James, J. Disposition: The judgment of the Sunflower County Circuit Court is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Michael Kelly a/k/a Antonio Newton a/k/a Cortez Johnson v. State of Mississippi; Rankin Circuit Court; LC Case #: 22633; Ruling Date: 11/18/2011; Ruling Judge: John Emfinger; Majority Opinion: James, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of possession of stolen property and sentence as a habitual offender of ten 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 Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result.

Richard Matthew Guy Smith v. Normand Children Diversified Class Trust; Harrison Circuit Court 1st District; LC Case #: A2401-10-227; Ruling Date: 10/13/2011; Ruling Judge: John Gargiulo; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Christopher J. Clausell v. Tammy Clausell; Jackson Chancery Court; LC Case #: 2009-2102-JB; Ruling Date: 08/03/2011; Ruling Judge: Jaye Bradley; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery 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, Roberts, Carlton, Maxwell and James, JJ., Concur.

Paul W. Frazier v. Sharon Renee Frazier; Madison Chancery Court; LC Case #: 0:08-cv-00603; Ruling Date: 12/07/2011; Ruling Judge: Cynthia Brewer; Consolidated with 2012-CA-00896-COA Paul W. Frazier v. Sharon Renee Frazier; Madison Chancery Court; LC Case #: 0:08-cv-00603; Ruling Date: 05/16/2012; Ruling Judge: Cynthia Brewer; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Martha Edwards v. State Farm Mutual Insurance Company; Clay Circuit Court; LC Case #: 2009-0192-CV; Ruling Date: 01/12/2012; Ruling Judge: Lee Howard; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Clay County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Demario Walker v. William R. Allen; Forrest Circuit Court; LC Case #: CI-09-0034; Ruling Date: 02/01/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Peter Grossley v. State of Mississippi; Madison Circuit Court; LC Case #: 2007-0490; Ruling Date: 09/15/2008; Ruling Judge: Samac Richardson; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years, with nineteen years suspended; and Count II, armed robbery, and sentence of forty years, with ten years suspended, to run consecutively to the sentence imposed in Count I, all in the custody of the Mississippi Department of Corrections, followed by five years of supervised probation, is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Kizzetta Nicole McClendon a/k/a Kizzetta N. McClendon a/k/a Kizzetta McClendon v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CR-128-LE-G; Ruling Date: 09/06/2011; Ruling Judge: Marcus Gordon; Majority Opinion: Maxwell, J. Disposition: The judgment of the Leake County Circuit Court of conviction of Count I, credit-card fraud, and sentence of three years, and Count II, credit-card fraud, and sentence of three years, with sentences to run consecutively, both in the custody of the Mississippi Department of Corrections, and further sentence as a habitual offender, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Raymond Scott Petty a/k/a Raymond S. Petty a/k/a Scottie Petty v. State of Mississippi; Neshoba Circuit Court; LC Case #: 11-CR-0017-NS-C; Ruling Date: 07/14/2011; Ruling Judge: Vernon Cotten; Majority Opinion: Maxwell, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of sexual battery and sentence of thirty-five years in the custody of the Mississippi Department of Corrections without eligibility for parole, with thirty years to serve, five years suspended, and five years of supervised probation, is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Courtney Elkins a/k/a Cortney Elkins v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2011-0156; Ruling Date: 10/24/2011; Ruling Judge: Richard Smith; Majority Opinion: Maxwell, J. Disposition: The judgment of the Sunflower County Circuit Court 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 Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Peter D. Love a/k/a Peter Demetris Love a/k/a Peter Love v. State of Mississippi; Attala Circuit Court; LC Case #: 2011-0002-CR; Ruling Date: 09/20/2011; Ruling Judge: C. Morgan, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Attala 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 Attala County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes, J., Concurs in Result Only Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company; Panola Circuit Court 2nd District; LC Case #: CV2010-400-MP2; Ruling Date: 06/13/2011; Ruling Judge: James McClure, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Panola County is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellees/cross-appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Donna Duncan and Husband, Dalton Duncan v. Forrest General Hospital; Forrest Circuit Court; LC Case #: C103-0091; Ruling Date: 01/10/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Isle of Capri Casino, Inc. and Riverboat Corporation of Mississippi-Vicksburg v. Silver Land, Inc.; Adams Circuit Court; LC Case #: 09-KV-0016; Ruling Date: 09/22/2011; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Adams County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion, Joined by Lee, C.J.; Irving, P.J., Joins In Part. Dissenting Opinion: Carlton, J. Votes: Lee, C.J., Joins This Opinion. Irving, P.J., Joins This Opinion in Part.

Barry W. Gilmer v. Morris Goodman Builders, Inc.; Madison Circuit Court; LC Case #: 2001-0148; Ruling Date: 08/21/2009; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Irving, P.J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

George May a/k/a George Edward May v. State of Mississippi; Marion Circuit Court; LC Case #: 2012-0031M; Ruling Date: 05/03/2012; Ruling Judge: Anthony Mozingo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Marion County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

David Garland Atwood, II a/k/a David Atwood a/k/a David Garland Atwood v. State of Mississippi; Rankin Circuit Court; LC Case #: 2012-77-C; Ruling Date: 05/22/2012; Ruling Judge: William Chapman, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Angela Denise Johnson a/k/a Angela Johnson v. State of Mississippi; Neshoba Circuit Court; LC Case #: 10-CR-102-NS-G; Ruling Date: 11/30/2010; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. James, J., not participating.

Curtis Boyd, By and Through Mary Mastin, Next Friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd v. Gregory Nunez, M.D.; Lowndes Circuit Court; LC Case #: 2006-0113-CV1; Ruling Date: 03/08/2011; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Irving and Griffis, P.JJ., and Roberts, J., would grant. Fair and James, JJ., not participating.

Carlos Ivy v. State of Mississippi; Union Circuit Court; LC Case #: CV-2010-317-U; Ruling Date: 06/29/2011; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Lee, C.J., and Irving, P.J., would grant. James, J., not participating.

Bryan Foods, Inc. v. Tommy L. Ewing; Mississippi Workers' Compensation Commission 1st District; LC Case #: 00-04176-G-8089; Ruling Date: 09/28/2010; Majority Opinion: Carlton, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Maxwell, Fair and James, JJ., Concur. Ishee, J., Dissents With Separate Written Opinion, Joined by Barnes, J. Dissenting Opinion: Ishee, J. Votes: Barnes, J., Joins This Opinion.

Guy E. Evans v. Joel W. Howell, III; Hinds Circuit Court 1st District; LC Case #: 251-09-438CIV; Ruling Date: 11/10/2010; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., Roberts and Maxwell, JJ., would grant. Fair and James, JJ., not participating.

Johnny Ray Sims a/k/a Johnny R. Sims v. State of Mississippi; Marion Circuit Court; LC Case #: 2008-0459H; Ruling Date: 04/16/2009; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Lee, C.J., and Barnes, Carlton and James, JJ., would grant.

Wallace Wayne Whatley a/k/a Wallace Whatley a/k/a Wallace W. Whatley v. State of Mississippi; Rankin Circuit Court; LC Case #: 2011-236-C; Ruling Date: 09/13/2011; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. James, J., not participating.

Miriam Hopkins, Eldon Sewell, Dina Sewell, Abbie Patrick, Jaris Patrick, Jovita Boggan, Rita Wigginton and Ann Womack v. City of Mendenhall, Mississippi; Simpson Circuit Court; LC Case #: 2010-218; Ruling Date: 08/30/2011; Ruling Judge: Richard McKenzie; Disposition: The motion for rehearing is denied. Griffis, P.J., Roberts, Maxwell and Fair, JJ., would grant. James, J., not participating.

Tommy Hampton a/k/a Thomas Hampton v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 086-11; Ruling Date: 10/31/2011; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., and Barnes, J., would grant. James, J., not participating.

Owen Nelson v. Margaret Bingham (and State Parole Board); Rankin Circuit Court; LC Case #: 2011-75-C; Ruling Date: 09/07/2011; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. James, J., not participating.

Murphy & Sons, Inc. and Panola Construction Co., Inc. v. DeSoto County Board of Supervisors; DeSoto Circuit Court; LC Case #: CV2011-207GCD; Ruling Date: 11/15/2011; Ruling Judge: Gerald Chatham, Sr.; Disposition: The motion for rehearing is denied. Barnes and James, JJ., not participating.

Gary Richard v. Emilio Garma-Fernandez; Oktibbeha Chancery Court; LC Case #: 09-0286-B; Ruling Date: 11/03/2010; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Irving, P.J., and James, J., would grant. Maxwell, J., not participating.

Donald Foster Estes a/k/a Donald Estes a/k/a Donald F. Estes a/k/a Donald Foster Estes Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-0249 GCD; Ruling Date: 12/06/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. James, J., not participating.

Raymond Drabicki a/k/a Raymond Robert Drabicki a/k/a Raymond R. Drabicki v. City of Ridgeland, Mississippi; Madison Circuit Court; LC Case #: 2010-0084-C; Ruling Date: 02/24/2012; Ruling Judge: William Chapman, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Madison County of conviction of first-offense driving under the influence and sentence of forty-eight hours in the custody of the sheriff of Madison County, with the sentence suspended for two years unless sooner invoked; and conviction of reckless driving is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Ishee, Maxwell and James, JJ., Concur. Barnes and Fair, JJ., Concur in Part and in the Result Without Separate Written Opinion. Roberts, J., Dissents With Separate Written Opinion, Joined In Part by Lee, C.J., and Fair, J. Carlton, J., Not Participating. Dissenting Opinion: Roberts, J. Votes: Lee, C.J., and Fair, J., Join This Opinion in Part.

Lori Rene Stasny v. John Michael Wages; Jones Chancery Court 2nd District; LC Case #: 2004-0707; Ruling Date: 06/22/2011; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jones County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Fair, JJ., Concur. Irving, P.J., Carlton and James, JJ., Dissent Without Separate Written Opinion.