06/29/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CP-00620-COA

Willie Lee Madden, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2005/B2401-2002-7; Ruling Date: 02/26/2009; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J., concurs in result only. Carlton, J., not participating.

P. Gayle Moorman v. George T. Crocker; Yalobusha Circuit Court 2nd District; LC Case #: CV-2007-81-BY2; Ruling Date: 07/17/2008; Ruling Judge: Andrew Baker; Majority Opinion: Carlton, J. Disposition: The judgment of the Yalobusha County Circuit Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result. Barnes, J., concurs in result only.

Shelby Leroy Chisholm v. State of Mississippi; Amite Circuit Court; LC Case #: 09-KR-013; Ruling Date: 05/22/2009; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Amite County Circuit Court of conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Amite County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., not participating.

Greg McDonald v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 705-07; Ruling Date: 04/16/2009; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of DUI maiming and sentence of twenty years in the custody of the Mississippi Department of Corrections with thirteen years suspended, seven years to serve, and ten years of post-release supervision, with the first five years reporting and the remaining five years non-reporting, and to pay a $2,000 fine and restitution to Smith and the Crime Victims' Compensation Fund of $4,500 and $3,564.80, respectively, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., not participating.

Michael Warren Robbins v. Katherine Antoinette Robbins; Forrest Chancery Court; LC Case #: 2005-0346-GN-W; Ruling Date: 09/26/2008; Ruling Judge: Johnny Williams; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Bob Best, Jr. v. Larry Jess McCachren, Jr.; Yalobusha Chancery Court 1st District; LC Case #: 06-12-129; Ruling Date: 03/31/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Yalobusha 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Merlene Anderson v. Donald Anderson; Alcorn Chancery Court; LC Case #: 2006-0058-02-M; Ruling Date: 09/24/2008; Ruling Judge: Jacqueline Mask; Majority Opinion: Griffis, J. Disposition: The judgment of the Alcorn County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Angela Stokes v. Jackson County Memorial Park, Jamie R. Dent and Jackson County Memorial Park Perpetual Care Trust Fund; Jackson Chancery Court; LC Case #: 14,716; Ruling Date: 11/21/2008; Ruling Judge: D. Harris, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Jackson County is reversed and rendered, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion. Ishee, J., not participating.

Archie Hall v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-018-LE G; Ruling Date: 09/11/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Leake County Circuit Court of conviction of manslaughter and sentence of eighteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Myers, P.J., Griffis, Ishee and Roberts, JJ., concur. Maxwell, J., concurs in part and in the result. Irving and Barnes, JJ., concur in result only. Carlton, J., not participating.

City of Gulfport, Mississippi v. Gregory McHugh; Tammy McHugh; Mary Batchelor, Deceased; Mary L. Mohler; Jim Batchelor, Son of Mary Batchelor; James Athanaelos; Patricia A. Drake; Dr. Geddes B. Flagg; Nona McDonnell Flagg; Janice Toon Norman; Bruce Norman; Betty Toon Collins; Frank Collins; Philip W. Shaw, Jr.; and Betty Shaw; Harrison Circuit Court 1st District; LC Case #: A2401-07-393; Ruling Date: 01/12/2009; Ruling Judge: Roger Clark; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Barnes and Carlton, JJ., not participating.

Tracy Graves v. Michael Haden; Lamar Chancery Court; LC Case #: 2006-0034-GN-TH; Ruling Date: 06/30/2009; Ruling Judge: James Thomas, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lamar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Irving, Barnes, Ishee, Roberts and Maxwell, JJ., concur. King, C.J., and Griffis, J., concur in result only. Carlton, J., not participating.

James Fortenberry and Linda Fortenberry v. City of Jackson, Mississippi and Nationwide Mutual Fire Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-05-939CIV; Ruling Date: 06/08/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CA-00271-COA Flynn Wallace and Kathleen Wallace v. City of Jackson, Mississippi and State Farm Fire and Casualty Company; Hinds Circuit Court 1st District; LC Case #: 251-05-941CIV; Ruling Date: 06/11/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. King, C.J., Irving, Barnes and Roberts, JJ., would grant. Maxwell, J., not participating. Order entered.

Flynn Wallace and Kathleen Wallace v. City of Jackson, Mississippi and State Farm Fire and Casualty Company; Hinds Circuit Court 1st District; LC Case #: 251-05-941CIV; Ruling Date: 06/11/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CA-00270-COA James Fortenberry and Linda Fortenberry v. City of Jackson, Mississippi and Nationwide Mutual Fire Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-05-939CIV; Ruling Date: 06/08/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. King, C.J., Irving, Barnes and Roberts, JJ., would grant. Maxwell, J., not participating. Order entered.

Quintin Williams a/k/a Quintin Lamar Williams v. State of Mississippi; Warren Circuit Court; LC Case #: 07-0340-CRV; Ruling Date: 04/14/2008; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Order entered.

Daniel Banks a/k/a Danny Banks v. State of Mississippi; Yazoo Circuit Court; LC Case #: 27-0571; Ruling Date: 08/15/2008; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied. Irving, J., not participating. Order entered.

Loni Marie Rutland v. State of Mississippi; Franklin Circuit Court; LC Case #: 06-KR-039; Ruling Date: 08/24/2007; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Helen L. Rogillio v. David M. Rogillio; Warren Chancery Court; LC Case #: 2007-107 GN; Ruling Date: 10/03/2008; Ruling Judge: Marie Wilson; Disposition: The motion for rehearing is denied. Irving, J., would grant. Order entered.

Jimmy Collins and Felicia Collins v. Mayor and Council of the City of Gautier, Mississippi; Jackson Circuit Court; LC Case #: 2008-00,067; Ruling Date: 11/03/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jackson County is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Irving, Griffis, Roberts and Maxwell, JJ., concur. Myers, P.J., dissents with separate written opinion joined by King, C.J., and Lee, P.J. Ishee and Carlton, JJ., not participating. Dissenting Opinion: Myers, P.J. Votes: King, C.J., and Lee, P.J., join this opinion.

Roland Vander Bond, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2006-80; Ruling Date: 12/18/2008; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Irving, J., not participating. Order entered.

Willie James Clark v. Aileen Brown Clark; Coahoma Chancery Court; LC Case #: 2008-125; Ruling Date: 08/29/2008; Ruling Judge: William Willard, Jr.; Disposition: The motion for rehearing is denied. King, C.J., Myers, P.J., and Barnes, J., would grant. Order entered.

Billy L. Wardley, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-427; Ruling Date: 07/23/2008; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Patricia Shaver v. Frankie Blackwell; Hancock Circuit Court; LC Case #: 07-0249; Ruling Date: 01/07/2009; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion for rehearing is denied. Irving, J., would grant. Order entered.

3545 Mitchell Road, LLC d/b/a Tupelo Trace Apartments and Pinecrest/Tupelo, L.P. d/b/a Tupelo Seniors Apartments v. Board of Supervisors of Lee County, MS and Mark Weathers, Lee County Tax Assessor; Lee Circuit Court; LC Case #: CV 08-124(P)L; Ruling Date: 02/04/2009; Ruling Judge: James Pounds; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., dissents with separate written opinion joined by Griffis, J. Irving and Barnes, JJ., not participating. Dissenting Opinion: Roberts, J. Votes: Griffis, J., joins this opinion.

Beverly Healthcare and American Home Assurance Company v. Irene Hare; Tippah Circuit Court; LC Case #: T-08-077; Ruling Date: 02/04/2009; Ruling Judge: Andrew Howorth; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Tippah County is affirmed, and this case is remanded to the Mississippi Workers' Compensation Commission to determine Irene Hare's benefits. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Barnes, Ishee and Carlton, JJ., concur. Roberts, J., dissents with separate written opinion joined by Griffis, J. Irving and Maxwell, JJ., not participating. Dissenting Opinion: Roberts, J. Votes: Griffis, J., joins this opinion.

Lindsay Logging, Inc. and Mississippi Loggers Self-Insured Fund, Inc. v. James Terry Watson; Attala Circuit Court; LC Case #: 2008-0290-CVM; Ruling Date: 01/27/2009; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Irving, J., would grant. Order entered.

Robert Morris Glass v. State of Mississippi; Marshall Circuit Court; LC Case #: CV08-512; Ruling Date: 02/27/2009; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.