06/26/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
XX  2005-CA-01614-COA

The Estate of Charles Wheeler, Deceased: Gary Robberson v. Nancy Lena Wheeler Fikes, Rickey Dewayne Fikes and Jewel Wheeler Burton; Itawamba Chancery Court; LC Case #: 97-0207; Ruling Date: 07/13/2005; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Carlton, J. Disposition: The judgment of the Itawamba County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee and Roberts, JJ., concur. Irving, J., dissents with separate written opinion joined by Chandler and Barnes, JJ. Dissenting Opinion: Irving, J. Votes: Chandler and Barnes, JJ., join this opinion.

Betty Thomas v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-625-CIV-BD; Ruling Date: 10/21/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, is reversed, and this cause is remanded to the Mississippi Public Employees' Retirement System with instructions that the appellant, Betty Thomas, be awarded disability benefits as allowed under applicable law. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Irving, Chandler, Ishee, Roberts and Carlton, JJ., concur. Myers, P.J. and Griffis, J., dissent without separate written opinion.

Cathy Jo Anderson v. Ronald Curtis Anderson; Marshall Chancery Court; LC Case #: 2001-0173; Ruling Date: 02/14/2006; Ruling Judge: Glenn Alderson; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Marshall County is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Steve Jefferson v. State of Mississippi; Marion Circuit Court; LC Case #: 2005-0232E; Ruling Date: 11/10/2005; Ruling Judge: Michael Eubanks; Majority Opinion: Barnes, J. Disposition: The judgment of the Marion County Circuit Court dismissing the petition for post-conviction relief is affirmed; the judgment of sentence in Marion County Circuit Court cause No. K04-0116E is vacated and this cause is remanded for the limited purpose of re-sentencing the appellant in accordance with section 97-21-33 of the Mississippi Code. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Ishee and Carlton, JJ., concur. Roberts, J., specially concurs with separate written opinion, joined by Chandler and Griffis, JJ. Specially Concurring Opinion: Roberts, J. Votes: Chandler and Griffis, JJ., join this opinion.

Lewis C. Ausbon, Jr. v. State of Mississippi; Lee Circuit Court; LC Case #: CV 06-047(G)L; Ruling Date: 04/18/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lee County dismissing the motion for post-conviction relief is affirmed. All costs of appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Alexis Alexander v. Joseph Hugh Greer; Harrison Circuit Court 1st District; LC Case #: A2401-2003-00048; Ruling Date: 04/05/2005; Ruling Judge: Roger Clark; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court for the First Judicial District of Harrison County is reversed and remanded for a new trial. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Billy Welch v. State of Mississippi; Pike Circuit Court; LC Case #: 05-348-PCS; Ruling Date: 12/08/2005; Ruling Judge: Mike Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Pike County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

H. Ted Cain d/b/a Quest Rehab v. Brian Cain and Lakeview Nursing Center; Harrison Circuit Court 1st District; LC Case #: A-2401-98-497; Ruling Date: 09/10/2004; Ruling Judge: Kosta Vlahos; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed in part and reversed and remanded in part for proceedings consistent with this opinion and affirmed on cross-appeal. All costs of this appeal are assessed one half to the appellant/cross-appellee and one half to the appellees/cross-appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Ishee, JJ., concur. Roberts and Carlton, JJ., concur in result only.

Nancy Jill Holmes v. Mike Manning Holmes; Pike Chancery Court; LC Case #: 2003-307; Ruling Date: 07/29/2005; Ruling Judge: John Price; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Pike County modifying physical custody of minor son from the mother to the father 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 Carlton, JJ., concur.

Jeffrey B. Harvey a/k/a Jeffrey Harvey v. State of Mississippi; Tate Circuit Court; LC Case #: CV2005-0375BT; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Consolidated with 2006-CP-00585-COA Jeffrey B. Harvey a/k/a Jeffrey Harvey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2005-0389BD; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Tate County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Audrey D. Robertson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0274-CV; Ruling Date: 07/27/2006; Ruling Judge: Lee Howard; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing appellant's motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Timothy Edward Myers v. State of Mississippi; Jackson Circuit Court; LC Case #: 95-10810(3); Ruling Date: 11/29/2005; Ruling Judge: Robert Krebs; Majority Opinion: Lee, P.J. Disposition: The judgment of the Jackson County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur. Ishee, J., not participating.

Charles Lavel Stringer v. American Bankers Insurance Company of Florida; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 02/01/2005; Ruling Judge: W. Yerger; Consolidated with 2000-CT-00496-COA Charles Lavel Stringer v. American Bankers Insurance Company of Florida and Sidney Johnson; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 05/03/2000; Ruling Judge: W. Yerger; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Steven Finn v. State of Mississippi; Lee Circuit Court; LC Case #: CV05-136(PF)L; Ruling Date: 02/07/2006; Ruling Judge: Paul Funderburk; Majority Opinion: King, C.J. Disposition: The judgment of the Lee County Circuit Court denying post-conviction relief is reversed and rendered. All costs of this appeal are assessed to Lee County. Votes: Myers, P.J., Chandler, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents with separate written opinion, joined by Lee, P.J. Griffis and Barnes, JJ. Dissenting Opinion: Irving, J. Votes: Lee, P.J., Griffis and Barnes, JJ., join this opinion.

Shawn Louis Knight v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-0279R; Ruling Date: 12/22/2004; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The motion for modification is denied as requested; however, the original opinion is being modified with this opinion substituted in lieu thereof. The judgment of the Circuit Court of Rankin County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee and Myers, P.JJ., Chandler, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only. King, C.J. and Carlton, J., not participating.

Don Frederick Hancock, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-04-00511; Ruling Date: 06/23/2005; Ruling Judge: Stephen Simpson; Disposition: The appellant's motion for rehearing is denied. Order entered.

Ricardo Terrell a/k/a Recarido Terrell v. State of Mississippi; Copiah Circuit Court; LC Case #: 2005-0024CR-A; Ruling Date: 07/25/2005; Ruling Judge: Lamar Pickard; Disposition: The appellant's motion for rehearing is denied. Order entered.

Timothy Pryer a/k/a Tim a/k/a Timothy Gene Pryer v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR04-093; Ruling Date: 10/07/2005; Ruling Judge: Paul Funderburk; Disposition: The appellant's motion for rehearing is denied. Order entered.

Raymond L. Moore a/k/a Raymond Lewayne Moore v. State of Mississippi; Leake Circuit Court; LC Case #: 05-CR-058-LE-G; Ruling Date: 01/13/2006; Ruling Judge: Marcus Gordon; Disposition: The appellant's motion for rehearing is denied. Order entered.

Derrick Poss v. State of Mississippi; Lee Circuit Court; LC Case #: CV05-113(PF)L; Ruling Date: 01/31/2006; Ruling Judge: Paul Funderburk; Disposition: The appellant's motion for rehearing is denied. Order entered.