06/27/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2004-KA-00640-COA

Michael Tyrone Bailey a/k/a Micheal Tyrone Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-347; Ruling Date: 11/06/2003; Ruling Judge: Winston Kidd; Majority Opinion: Roberts, J. Disposition: The judgment of the First Judicial District of the Hinds County Circuit Court of conviction of murder and sentence of life in prison in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur.

Charles R. Walters v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0015E; Ruling Date: 10/22/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Roberts, J. Disposition: The appeal of the judgment of the Walthall County Circuit Court is dismissed without prejudice due to lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., Concur. Southwick and Irving, JJ., Concur in Result Only Without Separate Written Opinion.

Ricky C. Miles and Christy M. Young v. Tony L. Miles; Webster Chancery Court; LC Case #: 2003-81-C; Ruling Date: 12/14/2004; Ruling Judge: Dorothy Colom; Majority Opinion: Roberts, J. Disposition: The judgment of the Webster County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur.

John Griffin Bowie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2003-520; Ruling Date: 05/13/2005; Ruling Judge: Stephen Simpson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Harrison County dismissing post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur.

Jason Kirby Vede and Debra Vede v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2001-100; Ruling Date: 05/07/2004; Ruling Judge: Betty Sanders; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., Concur.

W. Mark Meeks, M. D. v. Sheila Fox Miller, Peggy Fox Watz and Gary Merkell Fox, Next Friends and Sole Beneficiaries of the Intestate Estate of Merkell M. Fox; Hinds Circuit Court 1st District; LC Case #: 251-95-178-CIV; Ruling Date: 12/22/2004; Ruling Judge: Winston Kidd; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Barnes, Ishee and Roberts, JJ., Concur. King, C.J., Concurs in Result Only Without Separate Written Opinion. Irving, J., Dissents Without Separate Written Opinion.

Monica Martin, Mother, Guardian, and on Behalf of the Minor Children: Denise Patrice Martin, Pascha Monique Smith, Patrick Carnelious Smith, Jr., and Payco Montay Smith v. Rankin Circle Apartments d/b/a Mississippi Industrial College Homes, Inc., d/b/a Mississippi Industrial College Homes, Inc. of the Christian Methodist Episcopal Church; Brown & Robinson Systems & Services, P.A.; Mary Frances Robinson in Her capacity as an Employee of Brown & Robinson Systems & Services; and Robert Young, in His Capacity as an Employee of Brown & Robinson Systems & Services, All Jointly and Serverally; Marshall Circuit Court; LC Case #: M2002-451; Ruling Date: 10/13/2004; Ruling Judge: Andrew Howorth; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Marshall County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., Concur. Barnes, J., not participating.

David W. Burns a/k/a David Wendell Burns v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2005-0328E PC; Ruling Date: 08/11/2005; Ruling Judge: Michael Eubanks; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Pearl River County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Cozell Lyons v. State of Mississippi; Neshoba Circuit Court; LC Case #: 04-CR-0044-NS-G; Ruling Date: 11/11/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of armed robbery and sentence of twenty-eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Marreco Cooperwood a/k/a Marreko Cooperwood v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5487; Ruling Date: 11/01/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Lee, P.J. Disposition: The judgment of the Humphreys County Circuit Court of conviction of Count I, aggravated assault and sentence of ten years; Count II, possession of a firearm by a felon and sentence of two years to run consecutively to sentence in Count I, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Humphreys County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Tommie Lee Skinner a/k/a Tommie Skinner v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: OK1993-023; Ruling Date: 07/01/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chickasaw County Circuit Court is affirmed. All costs of this appeal are assessed to Chickasaw County. Votes: King, C.J., Myers, P.J., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur. Irving, J., Concurs in Result Only Without Separate Written Opinion.

Teresa T. Dotts, Individually and as Mother and Personal Representative of Christopher Brad Holly, Deceased v. Pat Harrison Waterway District; Lauderdale Circuit Court; LC Case #: 02-CV-150(B); Ruling Date: 10/25/2004; Ruling Judge: Robert Bailey; Majority Opinion: King, C.J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur. Southwick and Roberts, JJ., not participating.

Kenneth McKlemurry v. State of Mississippi; Pike Circuit Court; LC Case #: 04-331-KB-1; Ruling Date: 10/08/2004; Ruling Judge: Mike Smith; Majority Opinion: King, C.J. Disposition: The judgment of conviction of the Pike County Circuit Court of unlawful possession of less than thirty (30) grams of marijuana (count one), unlawful possession of methadone (count two), unlawful possession of at least twenty (20) but less than forty (40) dosage units of pethidine (count three), and unlawful possession of at least one hundred (100) but less than five hundred (500) dosage units of diazepam (count four) is affirmed. The sentence of twenty-four (24) years on count two, twenty-four (24) years on count three, and four (4) years on count four with all counts running consecutively is affirmed. The decision that the first ten (10) years on count two, the first ten (10) years on count three, and two (2) years on count four shall be served in the custody of the Mississippi Department of Corrections is affirmed. The decision that the remaining fourteen (14) years on count two, the remaining fourteen (14) years on count three, and the remaining two (2) years on count four shall be served on post release supervision is affirmed. Also, the fine of $250,250 and restitution in the amount of $425 to the Mississippi Bureau of Narcotics are affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur. Irving, J., Concurs in Result Only Without Separate Written Opinion.

Eddie Jackson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2002-85CR2; Ruling Date: 04/08/2003; Ruling Judge: Kenneth Thomas; Majority Opinion: Barnes, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of Count I murder and sentence of life; and Count II aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections with sentence in Count II to run concurrently to sentence in Count I and consecutively to any and all sentences previously imposed, pay $1,400 in restitution in Count I and $9,000 in restitution in Count II, is affirmed. All costs of this appeal are assessed to Bolivar County Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., Concur.

Leon Fuqua a/k/a Fugua Leon a/k/a Leomie Fuqua v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-256WSY; Ruling Date: 01/15/2004; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Southwick, Ishee and Roberts, JJ., not participating. Order entered.

Dennis Dobbs v. State of Mississippi; Clay Circuit Court; LC Case #: 2002-0152; Ruling Date: 07/19/2004; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied. Order entered.

Michael Walters a/k/a "Big Mike" v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2004-0014; Ruling Date: 08/23/2004; Ruling Judge: Albert Smith, III; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Bruce Padgett v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2004-0402P-PC; Ruling Date: 08/23/2004; Ruling Judge: R. Prichard, III; Disposition: Appellant's motion for rehearing is denied. Order entered.

Robert Anthony Hubbard v. State of Mississippi; Rankin Circuit Court; LC Case #: 15739; Ruling Date: 09/30/2004; Ruling Judge: William Chapman, III; Disposition: Appellant's motion for rehearing is denied. Order entered.

Service Electric Supply Company, Inc. v. Hazlehurst Lumber Company, Inc.; Copiah Circuit Court; LC Case #: 2002-0509; Ruling Date: 09/29/2004; Ruling Judge: Lamar Pickard; Disposition: Appellant's motion for rehearing is denied. Irving and Griffis, JJ., would grant. Order entered.

John B. Herring v. State of Mississippi; Tate Circuit Court; LC Case #: CR2003-160-LT; Ruling Date: 10/25/2004; Ruling Judge: Ann Lamar; Disposition: Appellant's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Billy E. Burnett, Inc. v. Pontotoc County Board of Supervisors; Pontotoc Circuit Court; LC Case #: CV-03-052A(PO); Ruling Date: 11/08/2004; Ruling Judge: Sharion Aycock; Disposition: Appellant's motion for rehearing is denied. Order entered.

Larry Walker v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2002K-077E; Ruling Date: 06/24/2004; Ruling Judge: Michael Eubanks; Disposition: Appellee's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Eric Hull v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0100-M; Ruling Date: 01/18/2005; Ruling Judge: Betty Sanders; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Sunflower County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., Concur.

Patsy D. Davis v. Forrest Royale Apartments, Subsidiary of South Mississippi Health Services, Inc., and Forrest General Hospital; Forrest Circuit Court; LC Case #: CI02-0148; Ruling Date: 04/14/2005; Ruling Judge: Robert Helfrich; Disposition: Appellant's motion for rehearing is denied. Order entered.

David Miranda, M.D. v. Wesley Health System, LLC, d/b/a Wesley Medical Center; Lamar Circuit Court; LC Case #: 2004-005P; Ruling Date: 04/07/2005; Ruling Judge: R. Prichard, III; Majority Opinion: Southwick, J. Disposition: The judgment of the Lamar County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, P.J., Irving, Griffis, Barnes, Ishee and Roberts, JJ., Concur. King, C.J. and Myers, P.J., Dissent Without Separate Written Opinion. Chandler, J., not participating.