06/27/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Westbrooks, Latrice
X  2014-KA-00586-COA

Larry Watts, Jr. a/k/a Boo Jack a/k/a Larry Watts v. State of Mississippi; Walthall Circuit Court; LC Case #: 2013-15T; Ruling Date: 03/03/2014; Ruling Judge: Michael Taylor; Majority Opinion: Westbrooks, J. Disposition: The judgment of the Circuit Court of Walthall County of conviction of two counts of felony child abuse and sentence on each count of forty years in the custody of the Mississippi Department of Corrections, with ten years suspended, followed by five years of postrelease supervision, with the sentences to run concurrently, and to pay a $1,000 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton and Greenlee, JJ., Concur. Fair, J., Concurs in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Barnes and Wilson, JJ., Concur in Result Only Without Separate Written Opinion.

Elnora Holmes and Irma Venson v. Teresa Grisby; Tunica Circuit Court; LC Case #: 2011-0185; Ruling Date: 10/27/2015; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Westbrooks, J. Disposition: The judgment of the Tunica County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Marquez Hickenbottom v. State of Mississippi; Scott Circuit Court; LC Case #: 2015-CV-333-SC-C; Ruling Date: 12/08/2015; Ruling Judge: Marcus Gordon; Majority Opinion: Westbrooks, J. Disposition: The judgment of the Circuit Court of Scott County dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Shawn Labarron Davis a/k/a Shawn Davis a/k/a Shawn L. Davis a/k/a Shawn Labarren Davis a/k/a Shawn Labarum Davis v. State of Mississippi; Jackson Circuit Court; LC Case #: 2013-00108 (3); Ruling Date: 04/15/2016; Ruling Judge: Dale Harkey; Majority Opinion: Greenlee, J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton and Fair, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion.

Jeffrey Jack Stroh v. Nancy Jane Zehr Stroh; Rankin Chancery Court; LC Case #: 14-876; Ruling Date: 09/18/2015; Ruling Judge: John Grant, III; Majority Opinion: Wilson, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. 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, Ishee, Fair, Greenlee and Westbrooks, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Jermaine Crump v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CR2013-7-SMY1; Ruling Date: 04/15/2015; Ruling Judge: Smith Murphey; Majority Opinion: Barnes, J. Disposition: The judgment of the Yalobusha County Circuit Court, First Judicial District, 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 Yalobusha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.

Tabatha Kalmon v. Brent Kalmon; Lowndes Chancery Court; LC Case #: 2013-786-C; Ruling Date: 10/15/2015; Ruling Judge: Dorothy Colom; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.

Mississippi Department of Human Services v. Ben Porter; Jefferson Chancery Court; LC Case #: 2012-080; Ruling Date: 02/29/2016; Ruling Judge: George Ward; Majority Opinion: Barnes, J. Disposition: The judgment of the Jefferson County Chancery 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, P.J., Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur. Griffis, P.J., Dissents Without Separate Written Opinion.

In the Matter of the Estate of Houston T. Jarvis, Sr.: Shelby J. Kilpatrick, Individually and as Executrix of the Estate of Houston T. Jarvis, Sr. v. Houston T. Jarvis, Jr. and William C. Jarvis; Kemper Chancery Court; LC Case #: 2011-184(K); Ruling Date: 04/09/2015; Ruling Judge: Joseph Kilgore; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Kemper County Chancery Court is affirmed in part, and reversed and rendered in part. All costs of this appeal are assessed one-half to the appellant/cross-appellee and one-half to the appellees/cross-appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.

Clonelle Shields a/k/a Clonelle Demarcus Shields a/k/a Clonelle D. Shields v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2016-0068-JC; Ruling Date: 05/26/2016; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.

Allen Goul v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2016-00069; Ruling Date: 06/17/2016; Ruling Judge: Christopher Schmidt; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Kim Collins a/k/a Kim Rochelle Collins a/k/a Kim R. Collins v. State of Mississippi; Monroe Circuit Court; LC Case #: CR2013-100; Ruling Date: 08/28/2015; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Monroe County Circuit Court of conviction of speeding and sentence to pay a fine of $100 is affirmed, and the separate judgments of conviction of disorderly conduct, resisting arrest, public profanity, and disturbing the peace are reversed and rendered. All costs of this appeal are assessed to Monroe County. Votes: Lee, C.J., Ishee, Greenlee and Westbrooks, JJ., Concur. Barnes and Fair, JJ., Concur in Part and in the Result Without Separate Written Opinion. Carlton and Wilson, JJ., Concur in Result Only Without Separate Written Opinion. Griffis, P.J., Dissents Without Separate Written Opinion.

Charles H. Griner, Jr. v. Melanie Griner; Marion Chancery Court; LC Case #: 2011-0176-G-W; Ruling Date: 08/28/2015; Ruling Judge: Johnny Williams; Majority Opinion: Irving, P.J. Disposition: The judgment of the Marion County Chancery 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., Barnes, Ishee, Greenlee and Westbrooks, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion. Griffis, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton and Fair, JJ., Not Participating.

The Estate of Sylvia F. Minor and Paul S. Minor v. United Services Automobile Association; Jackson Circuit Court; LC Case #: 2008-00,204; Ruling Date: 09/20/2013; Ruling Judge: Richard Bennett; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed in part, and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellants and one-half to the appellee. Votes: Barnes and Westbrooks, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Lee, C.J., Concurs in Result Only Without Separate Written Opinion. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Wilson, J. Ishee, Fair and Greenlee, JJ., Not Participating. Concurring in Part and Dissenting in Part Opinion: Carlton, J. Votes: Wilson, J., Joins This Opinion.

Kenny Stewart a/k/a Kenny Cordell Stewart v. State of Mississippi; Warren Circuit Court; LC Case #: 13,0303CRC; Ruling Date: 10/16/2014; Ruling Judge: M. Chaney, Jr.; Disposition: The motion for rehearing is denied. Westbrooks, J., would grant.

Elizabeth Graham and Matthew Graham v. James R." Jamie" Franks, Jr. and Wheeler and Franks Law Firm, P.C.; Lee Chancery Court; LC Case #: 15-159(41) L; Ruling Date: 08/25/2015; Ruling Judge: Mills Barbee; Disposition: The motion for rehearing is denied. Westbrooks, J., not participating.

Curtis Norris and Jo Hannah Hall v. J.B. Hunt Transport, Inc.; Copiah Circuit Court; LC Case #: 2012-0200; Ruling Date: 04/10/2014; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.

Karanja L. Cobbert a/k/a Karanja Levon Cobbert a/k/a Karanja Cobbert v. State of Mississippi; Lamar Circuit Court; LC Case #: 2015-120H; Ruling Date: 08/27/2015; Ruling Judge: Prentiss Harrell; Majority Opinion: Wilson, J. Disposition: The judgment of the Lamar County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lamar County. Votes: Griffis, P.J., Ishee, Carlton and Fair, JJ., Concur. Greenlee, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Westbrooks, J., Dissents With Separate Written Opinion, Joined by Irving, P.J., and Barnes, J.; Lee, C.J., and Greenlee, J., Join In Part. Dissenting Opinion: Westbrooks, J. Votes: Irving, P.J., and Barnes, J., Join This Opinion; Lee, C.J., and Greenlee, J., Join This Opinion in Part.

City of Jackson v. Kearney Brown; LC Case #: 1207962-M-4182; Ruling Date: 07/13/2016; Majority Opinion: Irving, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur.

Quincy Holmes v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2016-0065-CV1-C; Ruling Date: 08/22/2016; Ruling Judge: Lee Coleman; Disposition: The appellant's motion to recall the mandate and reinstate this appeal is granted. The proposed brief attached to the appellant's motion shall be accepted as timely. Order entered.

Sanford Mason v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2013-0349 CVK; Ruling Date: 02/10/2017; Ruling Judge: James Kitchens, Jr.; Disposition: The appellant's motion for reconsideration is granted. The order dismissing the appeal as untimely is withdrawn, and this appeal is reinstated. Order entered.