06/28/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry E.
X  2010-KA-00443-COA

Jonathan Robinson v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0200; Ruling Date: 02/12/2010; Ruling Judge: Betty Sanders; Majority Opinion: Roberts, J. Disposition: The judgment of the Washington County Circuit Court of conviction of third-offense domestic violence and sentence of ten years in the custody of the Mississippi Department of Corrections, and to pay $300 in attorney's fees and a $300 bond fee, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Darrell Ray Morris v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2009-32; Ruling Date: 06/02/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Jefferson County Circuit Court denying the motion for post-conviciton relief is reversed, and judgment is rendered to clear the defendant's record of the violation of the earned-release supervision. All costs of this appeal are assessed to Jefferson County. Votes: Lee, C.J., Irving, P.J., Myers, Barnes and Maxwell, JJ., concur. Carlton, J., concurs in part and in the result. Roberts, J., concurs in result only with separate written opinion joined by Griffis, P.J. Russell, J., not participating. Concur in Result Only Opinion: Roberts, J. Votes: Griffis, P.J., joins this opinion.

S. E. B. v. R. E. B.; Hinds Chancery Court 1st District; LC Case #: G-2008-682; Ruling Date: 01/22/2010; Ruling Judge: Denise Owens; Majority Opinion: Barnes, J. Disposition: The appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., concurs in result only.

In the Matter of the Estate of Jimmy Dale Roby, Deceased : Hilda Jane Roby Kelly v. Theresa A. Roby, Mary Phyfer d/b/a SRT Investments, Garon Roby, Shane Roby and Sharon Roby Sargent as Administratrix of the Estate of Jimmy Dale Roby, Deceased; Monroe Chancery Court; LC Case #: 2005-570-48-M; Ruling Date: 11/03/2009; Ruling Judge: Jacqueline Mask; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., dissents with separate written opinion. Dissenting Opinion: Irving, P.J.

Shawn C. Boyd v. State of Mississippi; Lee Circuit Court; LC Case #: CV08-135-RL; Ruling Date: 09/16/2009; Ruling Judge: James Roberts, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Lee County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Satyadev Meka v. Grant Plumbing & Air Conditioning Company and Albert Grube; Hinds Circuit Court 1st District; LC Case #: 251-08-155CIV; Ruling Date: 10/05/2009; Ruling Judge: Tomie Green; Majority Opinion: Griffis, P.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, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

George Martin v. State of Mississippi; Tate Circuit Court; LC Case #: CV-2009-238BT; Ruling Date: 02/05/2010; Ruling Judge: Andrew Baker; Majority Opinion: Irving, P.J. Disposition: The judgment of the Tate County Circuit Court denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

In Re: Custody of Ernesha Paris Brown, a Minor: Earnest Brown v. Lillie Hargrave; Adams Chancery Court; LC Case #: 2009-463; Ruling Date: 12/04/2009; Ruling Judge: George Ward; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Adams County 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., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Jimmy Traylor v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-071(R)(L); Ruling Date: 06/07/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Lee County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Ronnie Moore and Jeff Moore v. Mississippi Gaming Commission; Clay Circuit Court; LC Case #: 9130; Ruling Date: 01/06/2009; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Maxwell and Russell, JJ., not participating. Order entered.

J. Irvin Beasley v. State of Mississippi; Jackson Circuit Court; LC Case #: 2006-10,926(2); Ruling Date: 07/30/2008; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Joseph W. Blackston, M.D., J.D. v. Christopher B. Epps, Individually and in His Official Capacity, Kentrell M. Liddell, Individually and in Her Official Capacity, and Mississippi Department of Corrections; Hinds Circuit Court 1st District; LC Case #: 251-07-518CIV; Ruling Date: 11/13/2008; Ruling Judge: William Coleman; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving, P.J., and Ishee, J., concur. Carlton, J., dissents with separate written opinion joined by Barnes, J., and joined in part by Roberts, J. Griffis, P.J., Myers, Maxwell and Russell, JJ., not participating. Dissenting Opinion: Carlton, J. Votes: Barnes, J., joins this opinion. Roberts, J., joins this opinion in part.

Arcadia Farms Partnership v. Audubon Insurance Company; Coahoma Circuit Court; LC Case #: 14-CI-02-0062; Ruling Date: 04/30/2009; Ruling Judge: Kenneth Thomas; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Manual Cooper a/k/a Manuel Cooper v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2008-18-D; Ruling Date: 06/04/2009; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jamar Amin Moore v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0140; Ruling Date: 07/27/2009; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Mississippi Security Police and Commerce and Industry Insurance Company v. Susan Patterson; Jackson Circuit Court; LC Case #: 2008-00,494(3); Ruling Date: 08/20/2009; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Russell, J., not participating. Order entered.

Bertrue Jackson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0121; Ruling Date: 08/20/2009; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Russell, J., not participating. Order entered.

Raco Pearson v. State of Mississippi; Clarke Circuit Court; LC Case #: 2008-106; Ruling Date: 08/27/2009; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

The Estate of Christian Arkel Hynes, a Minor By and Through His Natural Mother and Next Friend, Kenyatta Mashae McKnight, His Natural Father and Next Friend, Anthony Hynes, Ryan Ke'Wun Jhonshea McKnight, a Minor, Anthony Malik Hynes, Jr., a Minor and Tyran Makel Davis, a Minor, As Wrongful Death Beneficiaries of Christian Arkel Hynes, a Minor v. Ambling Management Company, Inc. d/b/a Willow Pointe Apartments and Park Management, LLC; Hinds Circuit Court 1st District; LC Case #: 251-07-872CIV; Ruling Date: 08/21/2009; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Roberts and Carlton, JJ., concur. Barnes, J., concurs in result only. Maxwell and Russell, JJ., not participating.

Luther Sheffield a/k/a Luther Wayne Sheffield, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 272-08; Ruling Date: 09/18/2009; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Anna White v. John White; Alcorn Chancery Court; LC Case #: 2008-0295-02-H; Ruling Date: 09/18/2009; Ruling Judge: John Hatcher; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Alcorn County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion. Russell, J., not participating.

Rico Kiwanis Dunlap v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-00226; Ruling Date: 09/23/2009; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Christopher Lashon Johnson v. State of Mississippi; Monroe Circuit Court; LC Case #: CV08-534GM; Ruling Date: 09/25/2009; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

James Eric Harrison v. Mack Walker, Stan Varner and Tyson Breeders, Inc.; Covington Circuit Court; LC Case #: 2006-240C; Ruling Date: 02/11/2009; Ruling Judge: Robert Evans; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Covington County is affirmed on direct appeal and reversed and remanded on cross-appeal for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., concurs in part and dissents in part without separate written opinion.

Kevin Dale McCain v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0167-CRP; Ruling Date: 10/30/2009; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Randall Kimbrough and Ruth Kimbrough v. Delores Keenum, Individually and The Will Ray Keenum and Dolores Ferreres Keenum Revocable Inter Vivos Trust; Jackson Circuit Court; LC Case #: 2008-00,134(3); Ruling Date: 12/15/2009; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied. Myers and Russell, JJ., not participating. Order entered.

Brandon Charles Sullivan v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2007-041H; Ruling Date: 09/18/2009; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Charity Hohm Whaley v. Freddie Parson d/b/a Parson Construction Company; Warren Circuit Court; LC Case #: 08,0029-CI; Ruling Date: 11/18/2009; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Warren County Circuit Court is affirmed as modified, and judgment is entered in the amount of $3,850 plus 8% interest. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Griffis, P.J., concurs in part and in the result without separate written opinion.

Eddie Lee Saunders v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-594CR; Ruling Date: 07/21/2009; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered

Barbara Jackson a/k/a Barbara Jean Smith Jackson v. David J. Lowe and Patricia A. Lowe AND David J. Lowe and Patricia A. Lowe v. Cleotha Lindsey and Greta Lindsey; Madison Chancery Court; LC Case #: 2008-0944; Ruling Date: 12/11/2009; Ruling Judge: Cynthia Brewer; Majority Opinion: Myers, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed equally between the appellant and the cross-appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., not participating.

Villas of Windsong, LTD. and its General Partner Arbor Properties, Inc., Arbor Properties, LLC and Arbor Place II, LLC v. RGT/ Charleston Partners, LTD., by and through its General Partner, Ford Development Corp.; Harrison Circuit Court 2nd District; LC Case #: A2402-08-107; Ruling Date: 12/21/2009; Ruling Judge: John Gargiulo ; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Schenille Martin, on Behalf of the Wrongful Death Heirs of Floyd L. Martin, Deceased v. B&B Concrete Company, Inc.; Lafayette Circuit Court; LC Case #: L07-223; Ruling Date: 10/05/2009; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Lee, C.J., and Irving, P.J., would grant. Barnes, Maxwell and Russell, JJ., not participating. Order entered.

Derrick Mitchell v. State of Mississippi; Lafayette Circuit Court; LC Case #: L09-428; Ruling Date: 01/25/2010; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Public Employees' Retirement System v. Susan McDonnell; Hinds Circuit Court 1st District; LC Case #: 251-08-699CIV; Ruling Date: 12/10/2009; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.