06/30/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-KA-00090-COA

Wendy Michelle Cheatham v. State of Mississippi; Leake Circuit Court; LC Case #: 07-CR-040-LE-G; Ruling Date: 01/14/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of possession of methamphetamine and sentence of ten years in the custody of the Mississippi Department of Corrections, with four years suspended and four years of post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Marla Veronica Davis Mercier v. Douglas Christopher Mercier; Tate Chancery Court; LC Case #: 06-10-437(ML); Ruling Date: 03/18/2008; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Tate 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, Ishee, Roberts and Maxwell, JJ., concur.

Myron Pollard v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0043; Ruling Date: 03/12/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Carlton, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in result only.

Central Healthcare Services, P.A. and Wendall Harrell v. Citizens Bank of Philadelphia, Mississippi; Leake Chancery Court; LC Case #: 2004-0376; Ruling Date: 03/13/2007; Ruling Judge: Janace Goree; Majority Opinion: Roberts, J. Disposition: The judgment of the Leake County Chancery Court is affirmed on direct appeal and, on cross-appeal, 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 appellants/cross-appellees and the appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Richard C. Lenior, Sandra Shakelford and Miles Randall Ezell v. William "Bill" Anderson and William Yawn, Jr.; Lamar Chancery Court; LC Case #: 2006-0499-GN-F; Ruling Date: 07/10/2007; Ruling Judge: Eugene Fair, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Lee, P.J., not participating.

Kenneth L. Williams a/k/a Kenny Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 2006-137-CR; Ruling Date: 02/05/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Grenada County Circuit Court of conviction of possession of cocaine with intent to sell, transfer, or deliver and sentence of twenty years and conviction of possession of a firearm by a felon and sentence of three years, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections and to pay a $5,000 fine is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Sandra Melissa Hults v. James Alan Hults; Jackson Chancery Court; LC Case #: 2006-1576-RP; Ruling Date: 06/19/2007; Ruling Judge: Randy Pierce; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Jackson County 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, Carlton and Maxwell, JJ., concur.

James Alton Wallace v. Donna Wallace; Lincoln Chancery Court; LC Case #: 2001-230; Ruling Date: 12/21/2007; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Lincoln County is reversed and rendered in part and remanded in part 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, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Melvin Alesich v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-96-922; Ruling Date: 05/07/1997; Ruling Judge: John Whitfield; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of burglary of a dwelling and sentence as a habitual offender of twenty-five years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Marco J. Borne; and The Estate of Eldridge Dupree, Deceased, by and through His Personal Representative, Nichole Dupree; and the Wrongful Death Beneficiaries of Eldridge Dupree, Deceased v. Dunlop Tire Corporation, Inc.; Rankin Circuit Court; LC Case #: 2001-228CIV; Ruling Date: 12/10/2007; Ruling Judge: Samac Richardson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Denise A. Cuevas v. Margaret K. Kellum; Jackson Chancery Court; LC Case #: 2003-2166-PW; Ruling Date: 07/17/2007; Ruling Judge: Jaye Bradley; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Jackson County is reversed and 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, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Ishee, J., not participating.

Dewaun O' Sha Griffin v. State of Mississippi; Leake Circuit Court; LC Case #: 07-CR-030-LEG; Ruling Date: 09/05/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of murder and sentence of life 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., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Patricia Fleishhacker v. Walter Fleishhacker; Lee Chancery Court; LC Case #: 04-395-(41)-L; Ruling Date: 06/15/2007; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Lee 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 equally between the appellant and appellee. Votes: King, C.J., Lee and Myers, P.JJ., and Ishee, J., concur. Carlton and Maxwell, JJ., concur in part without separate written opinion. Irving, J., concurs in part and dissents in part with separate written opinion joined by Maxwell, J., and joined in part by Carlton, J. Barnes and Roberts, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Maxwell, J., joins this opinion. Carlton, J., joins this opinion in part.

Monte R. Gray v. BellSouth Telecommunication, Inc.; Lee Circuit Court; LC Case #: CV04-037(A)L; Ruling Date: 10/16/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

In the Matter of the Estate of Kimberly Denise Pearson, Deceased: Paula Davis, Administratrix Ad Litem v. Bobby Stokes; Wayne Chancery Court; LC Case #: 2005-67; Ruling Date: 12/20/2007; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Wayne County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. King, C.J., and Irving, J., concur in result only.

Jessie James Davis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-473CVM; Ruling Date: 01/10/2008; Ruling Judge: C. Morgan, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Grenada County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Lois Kaigler, on Her Behalf and that of Her Minor Child, Leshan Kaigler v. The City of Bay St. Louis, Mississippi and The VCJ Gym; Hancock Circuit Court; LC Case #: 04-0121; Ruling Date: 02/18/2008; Ruling Judge: Stephen Simpson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Larry W. Brown v. State of Mississippi; Marshall Circuit Court; LC Case #: CV07-612; Ruling Date: 03/25/2008; Ruling Judge: Andrew Howorth; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Marshall County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Terry Stein v. Karen Stein; Hinds Chancery Court 1st District; LC Case #: G2006-1738(T/1); Ruling Date: 04/10/2008; Ruling Judge: J. Thomas; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jasper C. Sones v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0102 CR; Ruling Date: 07/27/2007; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of possession of at least two methamphetamine precursors and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

James Allen Owens, Jr. v. Martha Sue Owens; Chickasaw Chancery Court 1st District; LC Case #: 2004-0170-1B; Ruling Date: 08/30/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Chickasaw County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only.

Steve Ruth v. London Suzette Burchfield; Lowndes Chancery Court; LC Case #: 99,0632-D; Ruling Date: 10/19/2007; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed on direct and cross-appeal. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis and Barnes, JJ., concur. Carlton, J., dissents with separate written opinion joined by Ishee, J. Maxwell, J., dissents without separate written opinion. Roberts, J., not participating. Dissenting Opinion: Carlton, J. Votes: Ishee, J., joins this opinion.

Laurin Jones Kay v. Gregor Thomas Kay; Lamar Chancery Court; LC Case #: 2007-0170-GN-TH; Ruling Date: 11/02/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Lamar County Chancery 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 one-half to the appellee and one-half to the appellant. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., concurs in part and dissents in part with separate written opinion. Concurring in Part and Dissenting in Part Opinion: Myers, P.J.

Robin Harper, Individually and on Behalf of Reijah Harper, a Minor v. Cal-Maine Foods, Inc.; Hinds Circuit Court 2nd District; LC Case #: 2006-28; Ruling Date: 02/28/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Irving, J. Disposition: The judgment of the Hinds County Circuit Court is reversed, and the case is remanded for further proceedings consistent with this opinon. All costs of this appeal are assessed to appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts and Maxwell, JJ., not participating.

Raymond Bowling, Sr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV06-116-(A)I; Ruling Date: 01/02/2008; Ruling Judge: Thomas Gardner, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Itawamba County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jim Earl Aron v. Ham Management & Development Co. LLC; Lafayette Chancery Court; LC Case #: 2004-346A; Ruling Date: 05/23/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed on direct and cross-appeal. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in result only.

Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-WC-00391-COA Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2008-WC-00392-COA Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Majority Opinion: Lee, P.J. Disposition: The judgment of the Union County Circuit Court is affirmed. All costs of this appeal are divided equally between the appellant and the appellees. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Armenia Fair v. Beau Rivage Resorts, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-2007-022; Ruling Date: 07/16/2008; Ruling Judge: Lisa Dodson; 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, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

George Dunbar Prewitt, Jr. v. P. Scott Phillips; Washington Circuit Court; LC Case #: CI2007-73; Ruling Date: 06/30/2008; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, P.J. Disposition: The judgment of the Washington County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in result only. King, C.J., and Irving, J., not participating.

Eric S. Berry v. State of Mississippi; Forrest Circuit Court; LC Case #: C106-0209; Ruling Date: 06/04/2007; Ruling Judge: Robert Helfrich; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving and Barnes, JJ., concur in result only.

Horace A. Ryals v. Phillip Bertucci and John Finch, D.O. et al.; Harrison Circuit Court 1st District; LC Case #: A2401-02-00760; Ruling Date: 05/30/2007; Ruling Judge: Stephen Simpson; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., not participating.

Mary Dixon v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-597; Ruling Date: 10/13/2006; Ruling Judge: Bobby DeLaughter; Disposition: The motions for rehearing are denied. Maxwell, J., not participating. Order entered.

Germar Harris v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0088-CV1; Ruling Date: 09/06/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Nadine B. Stevens, Executrix for the Estate of Bordman C. Humphrey v. Estate of Jeanette Humphrey Smith, Joe A. Herrin d/b/a Herrin Timber Company, Bruce A. Rawls and K. Elaine Rawls; Pearl River Chancery Court; LC Case #: 27,757-TH; Ruling Date: 08/21/2007; Ruling Judge: James Thomas, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-031-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Consolidated with 2007-CA-02295-COA Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-032-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Lee, P.J., Irving and Barnes, JJ., would grant. Order entered.

Willie Ross v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0105-CV1; Ruling Date: 12/04/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-032-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Consolidated with 2007-CA-02004-COA Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-031-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Lee, P.J., Irving and Barnes, JJ., would grant. Order entered.

Lloyd G. Oliphant & Sons Paint Co., Inc. v. Barry S. Logan AND Barry S. Logan v. Overly Electric Company; Oktibbeha Circuit Court; LC Case #: 2005-0234CV; Ruling Date: 12/10/2007; Ruling Judge: Lee Howard; Majority Opinion: Myers, P.J. Disposition: The judgment of the Oktibbeha County Circuit Court granting summary judgment as to Overly is reversed and remanded for further proceedings consistent with this opinion. The appeal is dismissed for lack of jurisdiction as to Oliphant. All costs of this appeal are assessed equally between Lloyd G. Oliphant & Sons Paint Co., Inc. and Overly Electric Co. Votes: King, C.J., Lee, P.J., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., not participating.