06/26/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2010-KA-02097-COA

Michael Eugene Davis a/k/a Michael E. Davis v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2007-15-CD; Ruling Date: 12/14/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of armed robbery and sentence as a habitual offender of life in the Mississippi Department of Corrections without the eligibility for parole or probation is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

In The Matter of The Dissolution of The Marriage of Susan B. Segree and Frank A. Segree, III: Frank A. Segree, III v. Susan B. Segree; Warren Chancery Court; LC Case #: 2007-289GN; Ruling Date: 02/07/2011; Ruling Judge: Vicki Barnes; Consolidated with 2009-CA-00757-COA In The Matter of The Dissolution of Marriage: Frank A. Segree, III v. Susan B. Segree; Warren Chancery Court; LC Case #: 2007-289-GN; Ruling Date: 11/24/2008; Ruling Judge: Vicki Barnes; Majority Opinion: Fair, J. Disposition: The judgment of the Warren County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Lee, C.J., and Irving, P.J., Join This Opinion.

Bobby Leonard Gray a/k/a Bobby L. Gray a/k/a Bobby Gray v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2011-151(W); Ruling Date: 07/20/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Fair, 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Russell, JJ., Concur. Barnes, J., Concurs in Result Only. Roberts, J., not participating.

Valley Road Action Committee, An Unincorporated Association, Andy Smith, Rev. Sam Thompson, James Mathis, Charles Whitlock and Randy Guttery v. Lauderdale County Board of Supervisors; Lauderdale Circuit Court; LC Case #: 10-CV-064(W); Ruling Date: 01/31/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Russell, J. Disposition: The judgment of the Lauderdale County Circuit 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, Maxwell and Fair, JJ., Concur.

Tytus Williams a/k/a Tytus D. Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-09-732-CIV; Ruling Date: 10/27/2009; Ruling Judge: L. Hilburn; Majority Opinion: Russell, J. Disposition: The judgment of the Hinds County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Danny McGleachie v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0228-CI; Ruling Date: 05/13/2011; Ruling Judge: Richard Smith; Majority Opinion: Russell, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Catherine LePori v. Alton Welch; Forrest Chancery Court; LC Case #: 03-0281; Ruling Date: 12/10/2010; Ruling Judge: Johnny Williams; Majority Opinion: Maxwell, J. Disposition: The judgment of the Forrest 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, Carlton, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

David Archie v. City of Canton, Mississippi; Madison Circuit Court; LC Case #: CI-2010-189-R; Ruling Date: 11/30/2010; Ruling Judge: Samac Richardson; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Honda Downs and Robert Downs v. Peter L. Ackerman; Jackson Circuit Court; LC Case #: 2009-00116(1); Ruling Date: 10/21/2010; Ruling Judge: Robert Krebs; Majority Opinion: Roberts, J. Disposition: The judgment of the Jackson County Circuit Court 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., Ishee, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Willie Mack Pierce, Jr. v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2008-054P; Ruling Date: 05/28/2009; Ruling Judge: R. Prichard, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jefferson Davis 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Dissents With Separate Written Opinion. Dissenting Opinion: Russell, J.

Garry Alexander v. James Reeves, Conservator of the Hazlehurst School District Acting in Place of the Board of Trustees of the Hazlehurst School District; Copiah Chancery Court; LC Case #: 2010-028; Ruling Date: 09/29/2010; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Copiah County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Jerome Collier a/k/a Jerome C. Collier v. State of Mississippi; Tunica Circuit Court; LC Case #: 2011-0078; Ruling Date: 05/18/2011; Ruling Judge: Charles Webster; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Tunica County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tunica County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

In The Interest Of: T.T.: S.T. v. Harrison County Department of Human Services, Oki Ragins, Social Worker; Harrison Youth Court 1st District; LC Case #: 24-YC-2010-P-1264; Ruling Date: 12/07/2010; Ruling Judge: Michael Ward; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Youth Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Russell, J., Dissents Without Separate Written Opinion.

Shaun Whitfield a/k/a Shaun Eldon Whitfield v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0137RCD; Ruling Date: 01/27/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Brenda L. Mullen v. Mississippi Farm Bureau Casualty Insurance Company; Tippah Circuit Court; LC Case #: T-08-254; Ruling Date: 12/04/2009; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

Kerri Parmenter v. J & B Enterprises, Inc. and McDonalds Corporation, Inc.; Marshall Circuit Court; LC Case #: M2003-353; Ruling Date: 06/03/2010; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing is denied. Order entered.

Markeith Williams a/k/a Markeith Deantwon Williams v. State of Mississippi; Grenada Circuit Court; LC Case #: 2009-0181-CR; Ruling Date: 08/10/2010; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Order entered.

Franklin Winfield v. Brandon HMA, Inc. d/b/a Crossgates River Oaks Hospital f/d/b/a Rankin Medical Center, Health Management Associates, Inc., Norwood Smith, M.D., S. Blair Faulkner, M.D., and Kim Bishop, R.N.; Rankin Circuit Court; LC Case #: 2009-15; Ruling Date: 09/13/2010; Ruling Judge: Samac Richardson; Disposition: The motions for rehearing are denied. Carlton and Fair, JJ., not participating. Order entered.

Brian Williams v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0006-M; Ruling Date: 06/30/2010; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Steven O. Bennett v. State of Mississippi; Lincoln Circuit Court; LC Case #: 10-125-LS; Ruling Date: 10/06/2010; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Order entered.

In The Matter of The Estate of William Birmingham, Deceased: Nancy Birmingham Walters v. Don Barnes and Rosemary Birmingham Barnes; Monroe Chancery Court; LC Case #: 07-0643-48; Ruling Date: 11/23/2010; Ruling Judge: Jacqueline Mask; Disposition: The motion for rehearing is denied. Order entered.

Dawn Smith Shannon Clifton v. Thomas R. Shannon; DeSoto Chancery Court; LC Case #: 99-2-275; Ruling Date: 01/14/2011; Ruling Judge: Vicki Cobb; Majority Opinion: Fair, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed in part as to jurisdiction and reversed and remanded in part. All costs of this appeal are divided equally between the appellant and the appellee. Votes: Ishee, Roberts, Maxwell and Russell, JJ., Concur. Lee, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlton, J. Barnes, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Irving and Griffis, P.JJ. Concurring in Part and Dissenting in Part Opinion: Lee, C.J. Votes: Carlton, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: Irving and Griffis, P.JJ., Join This Opinion.

Kelvin "Buck" Perry v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2010-0016-CR-1; Ruling Date: 11/18/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for Fugitive Dismissal is passed for consideration on the merits of the appeal. Order entered.

Holly Kathleen Jenkins McKnight v. Walter Calvin Jenkins; DeSoto Chancery Court; LC Case #: 03-06-0968; Ruling Date: 10/22/2008; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Order entered.

James Orlando Houston v. State of Mississippi; Newton Circuit Court; LC Case #: 11-CV-039-NW-G; Ruling Date: 02/16/2011; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Order entered.

Bobby Campbell v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2011-02-CV11; Ruling Date: 11/15/2010; Ruling Judge: Billy Landrum; Disposition: Appellant's Pro Se Motion to Dismiss Cause Without Prejudice is denied. Order entered.

Stephen Yarbrough v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0111-CV1; Ruling Date: 02/27/2012; Ruling Judge: James Kitchens, Jr.; Disposition: Renewed Motion for Permission to Appeal In Forma Pauperis is deferred until the appellant shall provide to the Court a notarized copy of the inmate account showing the last six months of activity on the account. The appellant shall provide this information within thirty days of the entry of this order. Order entered.

Ryan Savinell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-294RCD; Ruling Date: 01/05/2012; Ruling Judge: Robert Chamberlin; Disposition: Motion for Leave to Proceed on Appeal In Forma Pauperis is denied. Order entered.

Earl L. Barnes v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,007(1); Ruling Date: 01/26/2012; Ruling Judge: Robert Krebs; Disposition: On the Court's own motion the appeal is dismissed. All costs of this appeal are assessed to Jackson County. Order entered.