06/28/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2013-KA-01927-COA

Dwaliues Deon Carter a/k/a Dwaliues D. Carter a/k/a Dwaliues Carter a/k/a Dwaliue Deon Carter a/k/a Dwalieu Deon Carter a/k/a Deon Carter a/k/a Dwalie Carter v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-004; Ruling Date: 08/15/2013; Ruling Judge: Winston Kidd; Majority Opinion: Greenlee, J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, of conviction of Counts I and II, capital murder; Count III, house burglary; Count IV, conspiracy to commit house burglary; and Count V, child neglect; and sentence, in each of Counts I and II, of life without eligibility for parole; in Count III, of twenty-five years; and in each of Counts IV and V, of five years; with all sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Nalonnie Moore Osborne v. Leslie Osborne; Jackson Chancery Court; LC Case #: 2012-1727-CB; Ruling Date: 10/09/2014; Ruling Judge: G. Bordis, IV; Majority Opinion: Greenlee, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

John Edward Young, Jr. a/k/a John Edward Young a/k/a John Young v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0197-J; Ruling Date: 08/28/2014; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Adams County of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Adams County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

The Mississippi Department of Wildlife, Fisheries and Parks v. Gaylon Bradshaw; Smith Circuit Court; LC Case #: 2014-266; Ruling Date: 02/18/2015; Ruling Judge: Eddie Bowen; Majority Opinion: Wilson, J. Disposition: The judgment of the Smith County Circiut 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, Carlton, Fair, James and Greenlee, JJ., Concur.

Patricia Weathersby v. Mississippi Baptist Health Systems, Inc. d/b/a Mississippi Baptist Medical Center; LC Case #: 1105238-M-2895-E; Ruling Date: 07/10/2015; Ruling Judge: Tammy Harthcock; Majority Opinion: Wilson, 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., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur.

Lonnie Sims a/k/a Lonnie Edward Sims, Jr. a/k/a "Turk" v. State of Mississippi; Forrest Circuit Court; LC Case #: 06-601-CR; Ruling Date: 04/18/2008; Ruling Judge: Robert Helfrich; Majority Opinion: James, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of armed robbery and sentence of thirty years in the custody of the Mississippi Department of Corrections, with five years suspended, and five years of postrelease supervision, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Elle Adams a/k/a Elle Aquilera a/ka Ellie Adams a/k/a Elle Agundis v. John Leon Rice; Oktibbeha Chancery Court; LC Case #: 2013-0571-C; Ruling Date: 12/23/2014; Ruling Judge: Dorothy Colom; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Oktibbeha 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 and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

W. S. Stuckey Jr., Special Conservator of the Person of Lila B. Waid v. Herman A. Waid; Humphreys Chancery Court; LC Case #: 2012-0220; Ruling Date: 03/28/2014; Ruling Judge: Jane Weathersby; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Humphreys County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Wilson and Greenlee, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. James, J., not participating. Dissenting Opinion: Carlton, J.

Broderick McCoy a/k/a Broderick Levar McCoy a/k/a Broderick L. McCoy v. State of Mississippi; Franklin Circuit Court; LC Case #: 06-KR-003; Ruling Date: 03/04/2015; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Franklin County is vacated. All costs of this appeal are assessed to Franklin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Wilson and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Watkins Development, LLC and David Watkins, Sr. v. C. Delbert Hosemann, Jr., in his Official Capacity as Mississippi Secretary of State; Hinds Chancery Court 1st District; LC Case #: 25CH1:14-CV-512; Ruling Date: 11/12/2014; Ruling Judge: Hollis McGehee; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed in part and reversed and rendered in part, and the judgment of the Secretary of State is reinstated. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Ishee, Fair and Greenlee, JJ., Concur. Wilson, J., Dissents With Separate Written Opinion, Joined by Irving and Griffis, P.JJ. Barnes and James, JJ., not participating. Dissenting Opinion: Wilson, J. Votes: Irving and Griffis, P.JJ., Join This Opinion.

Alvin Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1304; Ruling Date: 02/05/2014; Ruling Judge: William Gowan, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. The judgment of conviction of four counts of aggravated assault is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Barnes, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion. Irving and Griffis, P.JJ., Concur in Part and Dissent in Part Without Separate Written Opinion.

David Shanklin a/k/a David E. Shanklin v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0057CI; Ruling Date: 05/07/2013; Ruling Judge: W. Hines; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington 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, Fair, James, Wilson and Greenlee, JJ., Concur.

Charlie C. Henderson a/k/a Charlie C. Henderson, Jr. a/k/a Charles Henderson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 456-12; Ruling Date: 11/10/2014; Ruling Judge: Robert Bailey; Majority Opinion: Barnes, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of accessory after the fact to murder and sentence of five years in the custody of the Mississippi Department of Corrections, with two years suspended and five years of probation, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Wilson and Greenlee, JJ., Concur. Fair, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Jerry Bowen and Cheryl Bowen v. Amory HMA, LLC d/b/a Gilmore Memorial Regional Medical Center and Patrick Anderson Murphree, M.D.; Monroe Circuit Court; LC Case #: CV2010-252-PM; Ruling Date: 01/13/2015; Ruling Judge: James Pounds; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Monroe County 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. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Willie Green a/k/a Willie Joe Green v. State of Mississippi; Leake Circuit Court; LC Case #: 14-CV-052-LE-G; Ruling Date: 05/20/2014; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Leake County denying the motion for post-conviction relief is reversed and rendered. The appellant's conviction in Case Number 12-096-LE-G is hereby set aside, and the indictment in that cause is dismissed with prejudice. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Daniel Paul Copple a/k/a Daniel P. Copple a/k/a Daniel Copple v. State of Mississippi and Gloria N. Clark a/k/a Gloria Nikki Clark in her Capacity as Court Reporter for the Lowndes County Circuit Court; Lowndes Chancery Court; LC Case #: 2014-0534- D; Ruling Date: 01/15/2015; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur. Barnes, J., not participating.

Vijay Patel, Individually, as Next of Kin, and on Behalf of the Estate of Natwarlal Patel, and for the Use and Benefit of the Wrongful Death Beneficiaries of Natwarlal Patel, Deceased v. Hill-Rom Company, Incorporated; DeSoto Circuit Court; LC Case #: CV2013-044GD; Ruling Date: 06/09/2014; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Derek May v. Kira Arthurs; Hancock Chancery Court; LC Case #: C2301-14-0197(4); Ruling Date: 10/03/2014; Ruling Judge: Carter Bise; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hancock County Chancery Court is affirmed in part and vacated and remanded in part to the Chancery Court 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: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

William T. Kelley, Individually and d/b/a William T. Kelley, LLC v. Corinth Public Utilities Commission, City of Corinth, Mississippi and City of Corinth Gas and Water Department; Alcorn Circuit Court; LC Case #: CV-09-279-RA; Ruling Date: 04/19/2013; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing filed on behalf of Corinth Public Utilities Corporation and the City of Corinth Gas and Water Department is denied. Griffis, P.J., Barnes and Carlton, JJ., would grant. Greenlee, J., not participating.

William T. Kelley, Individually and d/b/a William T. Kelley, LLC v. Corinth Public Utilities Commission, City of Corinth, Mississippi and City of Corinth Gas and Water Department; Alcorn Circuit Court; LC Case #: CV-09-279-RA; Ruling Date: 04/19/2013; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing filed on behalf of the City of Corinth, Mississippi, is denied. Griffis, P.J., Barnes and Carlton, JJ., would grant. Greenlee, J., not participating.

William T. Kelley, Individually and d/b/a William T. Kelley, LLC v. Corinth Public Utilities Commission, City of Corinth, Mississippi and City of Corinth Gas and Water Department; Alcorn Circuit Court; LC Case #: CV-09-279-RA; Ruling Date: 04/19/2013; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing filed on behalf of William T. Kelley, Individually and d/b/a William T. Kelley, LLC, is denied. Irving, P.J., and James, J., would grant. Greenlee, J., not participating.

Christopher D. Lee v. MGM Resorts Mississippi, Inc., f/d/b/a Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino & Resort-Tunica and Adrian Thomas; Tunica Circuit Court; LC Case #: 2009-00078; Ruling Date: 04/02/2014; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied.

Ricky E. Roberson a/k/a Ricky Roberson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 109-13; Ruling Date: 02/21/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: On the Court's own motion, this matter is remanded to the Lauderdale County Circuit Court for the limited purposes set out in this order. The trial court shall submit its findings to this Court within sixty days of the entry of this order. The appellate record shall be supplemented to include the trial court's ruling and any other orders issued by the trial court, all documents and materials presented to or reviewed by the trial court, and transcripts of any hearings held on remand of this matter. The supplemental record shall contain, under seal, redacted and unredacted copies of the interview notes that are the subject of the remand. The supplemental record shall be filed within sixty days of the trial court's ruling. Once the record is supplemented, the parties shall file supplemental briefs simultaneously thirty days from the date of supplementation addressing issues arising from the limited remand. The supplemental briefs shall not exceed twenty-five pages each. Order entered.

Kenneth K. Stallings v. Meeka Morgan Allen; Claiborne Chancery Court; LC Case #: 99-0005; Ruling Date: 05/16/2014; Ruling Judge: E. Davis; Disposition: The motion for rehearing is denied.

Gregory Wilbanks v. Katherine Hickman; Alcorn Circuit Court; LC Case #: CV12-308GA; Ruling Date: 09/12/2014; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. James, J., would grant. Barnes, J., not participating.

Bruce Cope, Mary Cope and Ike W. Thrash v. Thrasher Construction, Inc.; Harrison Circuit Court 1st District; LC Case #: 24CI1:13-cv-00239; Ruling Date: 10/01/2014; Ruling Judge: Michael Ward; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Harrison County is reversed and rendered 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 appellants/cross-appellees. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee and Greenlee, JJ., Concur. Fair, J., Concurs in Part Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Fair and James, JJ.; Wilson and Greenlee, JJ., Join In Part. Concurring in Part and Dissenting in Part Opinion: Carlton, J. Votes: Fair and James, JJ., Join This Opinion; Wilson and Greenlee, JJ., Join This Opinion in Part.

Gordon Kleyle v. Myrna Deogracias and Philip Deogracias, Individually and/or d/b/a The Railroad Cafe, LLC; Pearl River Circuit Court; LC Case #: 2011- 0228H; Ruling Date: 08/29/2014; Ruling Judge: Prentiss Harrell; Majority Opinion: Wilson, J. Disposition: The judgment of the Pearl River 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 appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

James Allen Swaim a/k/a James A. Swaim a/k/a James Swaim v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-15-125; Ruling Date: 02/08/2016; Ruling Judge: Roger Clark; Disposition: The appellant's motion to voluntarily dismiss this appeal pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure is granted. All costs of this appeal are assessed to Harrison County. Order entered.