07/01/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-KA-01383-COA

Albert J. Kea v. State of Mississippi; Simpson Circuit Court; LC Case #: 2005-133-K; Ruling Date: 07/17/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Simpson County is reversed and remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to Simpson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Carl Dewayne Watts v. State of Mississippi; Forrest Circuit Court; LC Case #: CI06-0201; Ruling Date: 04/12/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Forrest County Circuit Court 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., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J., and Irving, J., concur in result only without separate written opinion.

Joe Louis Brooks a/k/a Joe Lewis Brooks a/k/a Joe L. Brooks v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 901-05; Ruling Date: 05/30/2007; Ruling Judge: Robert Bailey; Majority Opinion: Carlton, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of felony driving under the influence and sentence of five years in the custody of the Mississippi Department of Corrections as a habitual offender and to pay a fine of $2,000 is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Rodarius Bonard Stewart a/k/a Robarius Stewart v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR04-262; Ruling Date: 08/05/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Alcorn County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur. King, C.J., and Irving, J., concur in result only.

John O'Neal Luse v. Lender Luse; Hinds Chancery Court 1st District; LC Case #: G2006-2092 W/4; Ruling Date: 12/29/2006; Ruling Judge: Patricia Wise; Majority Opinion: Barnes, 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, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Bart Ude v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0185-CR; Ruling Date: 01/22/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County is reversed and this case is remanded for a new trial. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Anthony Javon Robinson v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-0010P; Ruling Date: 01/04/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Marion County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

Russell T. Campbell v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR99-053 (PF)A; Ruling Date: 05/01/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Alcorn County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Charlie Sawyer a/k/a Charlie Sawyer, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-068; Ruling Date: 10/03/2006; Ruling Judge: W. Yerger; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., concurs in result only.

Douglas G. Cosentino v. Phyllis L. Cosentino; Jackson Chancery Court; LC Case #: 2001-2294-JB; Ruling Date: 02/06/2006; Ruling Judge: Jaye Bradley; Majority Opinion: Irving, J. Disposition: The judgment of the Jackson County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Chandler, Ishee and Roberts, JJ., concur. Griffis, J., dissents with separate written opinion joined by Myers, P.J., Barnes and Carlton, JJ. Dissenting Opinion: Griffis, J. Votes: Myers, P.J., Barnes and Carlton, JJ., join this separate opinion.

H. L. Merideth, Jr. v. Philip T. Merideth, M.D.; Madison Chancery Court; LC Case #: 2006-147; Ruling Date: 11/30/2006; Ruling Judge: William Lutz; Majority Opinion: Irving, J. Disposition: The judgment of the Madison County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Barnes and Ishee, JJ., concur. King, C.J., Chandler, Griffis, Roberts and Carlton, JJ., not participating.

Cornelius Bady v. State of Mississippi; Lee Circuit Court; LC Case #: CV07-046L; Ruling Date: 06/21/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lee County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee and Roberts, JJ., concur. Carlton, J., dissents with separate written opinion joined by Chandler and Griffis, JJ. Dissenting Opinion: Carlton, J. Votes: Chandler and Griffis, JJ., join this opinion.

Jeffery Earl Jones a/k/a Jeffery Jones a/k/a Jeff Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-06-268; Ruling Date: 06/21/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction relief with prejudice is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

H. L. Merideth, Jr. v. Philip T. Merideth, M.D.; Hinds Chancery Court 1st District; LC Case #: G2006-1294 O/3; Ruling Date: 02/26/2007; Ruling Judge: Denise Owens; Majority Opinion: Myers, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, P.J., Irving, Barnes and Ishee, JJ., concur. King, C.J., Chandler, Griffis, Roberts and Carlton, JJ., not participating.

Wal-Mart Stores, Inc. and National Union Fire Insurance Company of Pittsburgh, PA v. Teresa G. Patrick; Tate Circuit Court; LC Case #: CV2006-102LT; Ruling Date: 02/28/2007; Ruling Judge: Ann Lamar; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Tate County is affirmed on direct appeal and cross-appeal. All costs of this appeal are assessed equally between the appellants/cross-appellees and the appellee/cross-appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

William Scott, Pauletta Scott and Brenda Greenwood v. Tabitha Gammons; Marshall Circuit Court; LC Case #: M2003-406; Ruling Date: 02/26/2007; Ruling Judge: Henry Lackey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Marshall County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., not participating.

Lifestyle Furnishings and American Home Assurance Company v. Judy R. Tollison; Lee Circuit Court; LC Case #: CV05-051(A)(L); Ruling Date: 10/17/2006; Ruling Judge: Sharion Aycock; Disposition: The motion for rehearing is denied. Order entered.