06/28/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2003-KA-02137-COA

Steven Michael Baker a/k/a Stephen Michael Baker v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,471(3); Ruling Date: 08/01/2003; Ruling Judge: Dale Harkey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of one count of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Michael E. Thornhill v. State of Mississippi; Rankin Circuit Court; LC Case #: 2003-0055; Ruling Date: 03/25/2003; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: 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: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

In Re: E. C. P., a Minor; Lauderdale Chancery Court; LC Case #: 98-1073-S; Ruling Date: 07/09/2003; Ruling Judge: Sarah Springer; Consolidated with 2003-CA-02614-COA D.A.P. v. C.A.P.R; Lauderdale Chancery Court; LC Case #: 98-1073-S; Ruling Date: 11/06/2003; Ruling Judge: Sarah Springer; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Lauderdale County finding father in contempt of court is reversed and rendered. The judgment failing to find mother in contempt of court is affirmed. The judgment awarding attorney's fees to mother is reversed and remanded. The judgment denying father's and E.C.P.'s motion for modification of custody is hereby reversed and remanded. The judgment enjoining counsel for E.C.P. from communicating with her regarding the final judgment is determined to be moot. All costs of this appeal are assessed to appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Lawrence Abrams v. Larry Boggs; Alcorn Circuit Court; LC Case #: CV03-074F-A; Ruling Date: 02/04/2004; Ruling Judge: Paul Funderburk; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Alcorn County granting the Motion for Directed Verdict is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Barnes and Ishee, JJ., concur. Dissenting Opinion: Chandler, J.

Forrest General Hospital v. Sydney W. Kelley; Forrest Circuit Court; LC Case #: CI-03-0152; Ruling Date: 03/11/2004; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Forrest County denying Forrest County General Hospital's Motion to Dismiss Or, In the Alternative, Motion for Summary Judgment is hereby affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Michelle Keith as Mother and Next Friend of the Minor Ward, Brandon Keith v. Betty Peterson and Kennon Peterson; Pearl River Circuit Court; LC Case #: 2003-0426; Ruling Date: 04/19/2004; Ruling Judge: R. Prichard, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Honer Troy Delancey and Irene R. Delancey v. Conrad M. Mallette; Jackson Chancery Court; LC Case #: 2001-2099-JB; Ruling Date: 02/12/2003; Ruling Judge: Jaye Bradley; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed in part, reversed and rendered in part, and reversed and remanded in part for proceedings consistent with this opinion. Costs of this appeal are assessed equally between the appellants and the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

McDaniel Weathersby a/k/a David Weathersby McDaniel v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-000371; Ruling Date: 03/22/2003; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court for the First Judicial District of Hinds County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Bildrick Jackson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2001-24384; Ruling Date: 08/16/2002; Ruling Judge: Richard Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Leflore County of conviction of murder and sentence of life, to run consecutively with Panola County sentence number 2001-24.387, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Ruby Young a/k/a Ruby Dell Young a/k/a Ruby Dell Faucette a/k/a Ruby Dell Roberson Faucette Young v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 768-02; Ruling Date: 06/25/2003; Ruling Judge: Robert Bailey; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of Count I, accessory-after-the-fact of the crime of possession of marijuana with intent to distribute and sentence of five years with two years suspended, three years to serve, and three years of post-release supervision, and fine of $1,000; Count II, possession of a firearm by a convicted felon and sentence of three years, all in the custody of the Mississippi Department of Corrections with sentences in Counts I and II to run concurrently is affirmed. The judgment of conviction of Count III, possession of stolen property is reversed and rendered. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Peggy Diane Everett v. Harmon G. Everett, Jr.; Claiborne Chancery Court; LC Case #: 2002-0146; Ruling Date: 09/12/2003; Ruling Judge: George Ward; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Claiborne County is affirmed on both direct appeal and cross-appeal. Costs of this appeal are assessed equally between appellant and appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Jessie Johnson v. Patricia Kathryn Miller, Marilyn Marie Starks, Kareen West, Fred D. Johnson and Morris Lee Scott; Sunflower Circuit Court; LC Case #: 2003-0092(CM)(S)); Ruling Date: 12/01/2003; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Terrilyn Smith v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0176M; Ruling Date: 05/20/2004; Ruling Judge: W. Hines; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Sunflower County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Gregory Edward Patterson v. Melinda Sue Patterson; Lowndes Chancery Court; LC Case #: 2002-0750-L; Ruling Date: 03/23/2004; Ruling Judge: Robert Lancaster; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.

C.W.L. v. R.A.; Lee Chancery Court; LC Case #: 96-1418; Ruling Date: 07/17/2003; Ruling Judge: Rodney Shands; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Marilyn C. Dedeaux and Eugene Dedeaux v. Pellerin Laundry, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-99-00021; Ruling Date: 09/30/2003; Ruling Judge: Robert Walker; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed, and this cause is remanded for a new trial limited to damages only. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Reginald Demond Sims v. State of Mississippi; Warren Circuit Court; LC Case #: 03,0001-CR-P3; Ruling Date: 09/30/2003; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Warren County Circuit Court of conviction of escape and simple assault on a law enforcement officer and sentence of five years on each count in the custody of the Mississippi Department of Corrections, with the sentences running concurrently but consecutively to the sentence imposed in cause number 030037-CR-P is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Kenneth E. Ramsey v. Mississippi Employment Security Commission; Copiah Circuit Court; LC Case #: 2004-0033; Ruling Date: 03/19/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, J. Disposition: The judgment of the Copiah County Circuit Court is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Robert Lee Buckhalter v. State of Mississippi; Stone Circuit Court; LC Case #: 2003-0178; Ruling Date: 04/21/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Stone County dismissing motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Stone County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Danny P. Green, Lina L. Green and Darrell Lee Bracknell v. Dalewood Property Owner's Association, Inc.; Lauderdale Circuit Court; LC Case #: 02-CV-100(B); Ruling Date: 03/08/2004; Ruling Judge: Robert Bailey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed in part and reversed and remanded in part on direct appeal and reversed and remanded on cross-appeal. All costs of this appeal are assessed equally to the appellants/cross-appellees and the appellee/cross-appellant. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., not participating.

Boston George Grace v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A-2401-2004-00066; Ruling Date: 06/01/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Harrison County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., Concur.

Ray Herman Taconi, Jr. v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-01-400; Ruling Date: 03/06/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of sexual battery and sentence of six years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County, Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Lorenzo Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-985; Ruling Date: 10/02/2003; Ruling Judge: W. Yerger; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of business burglary and sentence as an habitual offender to seven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Janice Carder and Larry Carder v. BASF Corporation; Washington Chancery Court; LC Case #: 021069; Ruling Date: 11/19/2003; Ruling Judge: William Willard, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Washington County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Matthew Wells a/k/a Matthew Earl Wells, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2001-10,342(3); Ruling Date: 11/21/2003; Ruling Judge: Dale Harkey; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of felony child abuse and sentence of fifteen years, seven years suspended, eight to serve in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ronald E. Havard v. Titan Tire Corporation of Nathez and ACE American Insurance Company; Adams Circuit Court; LC Case #: 02-KV-0179-J; Ruling Date: 01/28/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Richard Earl Kerns, Jr. and Howard Thomas McKinney v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0017-CRV; Ruling Date: 11/20/2002; Ruling Judge: Frank Vollor; Disposition: Appellant, Richard Earl Kerns, Jr.'s motion for rehearing is denied.

Richard Earl Kerns, Jr. and Howard Thomas McKinney v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0017-CRV; Ruling Date: 11/20/2002; Ruling Judge: Frank Vollor; Disposition: Appellee's motion for rehearing is denied. Griffis and Barnes, JJ., would grant.

William Lambuth Jones v. Jacqueline Kuhrtz Jones; Hinds Chancery Court 1st District; LC Case #: 129,188; Ruling Date: 08/07/2003; Ruling Judge: William Singletary; Disposition: Appellee's motion for rehearing is denied.