07/15/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-CA-01629-COA

Nekole Bennett, Individually; B.J. by and through her Mother and Next Friend Nekole Bennett; D.B. by and through his Mother and Next Friend Nekole Bennett; and A.B. by and through her Mother and Next Friend Nekole Bennett v. Highland Park Apartments, LLC and Sharon Sampson, Individually; Hinds Circuit Court 1st District; LC Case #: 251-10-122-CIV; Ruling Date: 09/19/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: James, J. Disposition: The judgment of the Hinds 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 appellants and the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Jimmie D. Minshew a/k/a Jimmy D. Minshew a/k/a Jimmie Minshew v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CV-068-A-LE-C; Ruling Date: 03/20/2013; Ruling Judge: Vernon Cotten; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Leake County denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Eric Wallace a/k/a Eric Maurice Wallace a/k/a Eric M. Wallace v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0097CRC; Ruling Date: 12/14/2012; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Warren County of conviction of Count I, drive-by shooting, and sentence of twenty years, with five years suspended and five years of post-release supervision, and to pay a $5,000 fine; Count II, shooting into a motor vehicle, and sentence of five years, with two years suspended and two years of post-release supervision; and Count III, shooting into a dwelling, and sentence of ten years, with five years suspended and five years of post-release supervision, and to pay a $2,000 fine; 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 Warren County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Eddie Lee Harris a/k/a Eddie Harris v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0054 CRC; Ruling Date: 03/15/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Warren County Circuit Court of conviction of Count I, burglary of a dwelling, and sentence of twenty-five years, with five years suspended and five years of post-release supervision, and Count II, rape, and sentence of forty years, with the sentence in Count II to run consecutively to the sentence in Count I, both in the custody of the Mississippi Department of Corrections, and to pay a $10,000 fine, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Constance Jo Sims v. Stephen Sims; Covington Chancery Court; LC Case #: 2012-025; Ruling Date: 03/21/2013; Ruling Judge: Joe Walker; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Covington County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part and in the Result.

Thomas Jones a/k/a Thomas H. Jones a/k/a "Tommy" v. State of Mississippi; Tunica Circuit Court; LC Case #: CR-2011-0070; Ruling Date: 12/12/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Tunica County Circuit Court of conviction of sexual battery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, to be served consecutively to any and all sentences previously imposed, and to register as a sex offender with the Mississippi Department of Public Safety, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

King Metal Buildings, Inc. v. Renasant Insurance, Inc., Fidelity & Deposit Company of Maryland and Miles Roland Byrd; Winston Circuit Court; LC Case #: 2010-212 CVM; Ruling Date: 11/07/2012; Ruling Judge: C. Morgan, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Winston 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, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: Griffis, P.J.

Vance Drummer v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0103-CR1; Ruling Date: 11/29/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Counts I and II, grand larceny, and Count III, attempted grand larceny, and sentence as a habitual offender of ten years and to pay a $500 fine for each count, with the sentence in Count I to run consecutively to the sentence in Count II, and with the sentence in Count III to run concurrently with the sentence in Count II, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts and Fair, JJ., Concur. Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Cliff Hensley a/k/a Clifford W. Hensley a/k/a Clifford Hensley v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV13-014-FT; Ruling Date: 04/05/2013; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Tishomingo 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, P.J., Barnes, Ishee and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result With Separate Written Opinion, Joined by Griffis, P.J., Roberts and Fair, JJ.; Irving, P.J., and James, J., Join In Part. Roberts, J., Concurs in Result Only Without Separate Written Opinion. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Griffis, P.J., Roberts and Fair, JJ., Join This Opinion. Irving, P.J., and James, J., Join This Opinion in Part.

Larry Jarrett and Dixie Products Company v. Robert Houston Dillard, Executor of the Estate of Roy F. Dillard, Deceased; Pontotoc Circuit Court; LC Case #: CV-09-195-G(PO); Ruling Date: 12/04/2012; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Pontotoc County Circuit Court is reversed, and judgment is rendered for the appellant. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell, Fair and James, JJ., Concur. Barnes, J., Dissents With Separate Written Opinion, Joined by Carlton, J. Dissenting Opinion: Barnes, J. Votes: Carlton, J., Joins This Opinion.

Edmond K. Brown, Jr. a/k/a Edmund Brown, Jr. a/k/a Edmond K. Brown a/k/a Edmond Brown v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2008-0229-K; Ruling Date: 01/03/2013; Ruling Judge: W. Hines; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Sunflower County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections, with five years suspended and five years of supervised probation, is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Lindsey Brandon McBride v. Jimmie Herbert McBride Jr.; Adams Chancery Court; LC Case #: 2006-140; Ruling Date: 12/13/2012; Ruling Judge: George Ward; Majority Opinion: Roberts, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Kevin Leigh Williams v. State of Mississippi; Copiah Circuit Court; LC Case #: 2013-0015-CR; Ruling Date: 04/01/2013; Ruling Judge: Lamar Pickard; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of failing to register or reregister as a sex offender and sentence of three years in the custody of the Mississippi Department of Corrections is reversed, and the indictment is dismissed. All costs of this appeal are assessed to Copiah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Sam Turner v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0029-CV1K; Ruling Date: 02/28/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result. Carlton, J., Concurs in Result Only.

Joe O'Neal v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV13-0055-PT; Ruling Date: 04/11/2013; Ruling Judge: James Pounds; Majority Opinion: Lee, C.J. Disposition: The judgment of the Tishomingo County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tishomingo County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Undre Kimmons a/k/a Andre Marketih Kimmons a/k/a Undrey a/k/a Undre a/k/a Andre Kimmons a/k/a Andre Markeith Kimmons v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV-2013-221RCD; Ruling Date: 10/01/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

The Charter Oak Fire Insurance Company v. B.J. Enterprises of Mississippi, LLC ; Hinds Circuit Court 1st District; LC Case #: 251-08-235CIV; Ruling Date: 06/02/2011; Ruling Judge: Winston Kidd; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hinds 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., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion. James, J., Dissents With Separate Written Opinion, Joined by Fair, J. Dissenting Opinion: James, J. Votes: Fair, J., Joins This Opinion.

Willie Kinzie v. Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Donald Smith, Nikki Daggins, Ray Faja and Staffmark Investment, LLC; Hinds Circuit Court 1st District; LC Case #: 251-10-901CIV; Ruling Date: 07/05/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Hinds 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. See opinion rendered.

Willie Kinzie v. Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Donald Smith, Nikki Daggins, Ray Faja and Staffmark Investment, LLC; Hinds Circuit Court 1st District; LC Case #: 251-10-901CIV; Ruling Date: 07/05/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Carlton, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Hinds 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, Roberts, Maxwell, Fair and James, JJ., Concur.

Eric Jerome Boone a/k/a Eric J. Boone v. State of Mississippi; Forrest Circuit Court; LC Case #: CI 12-0054; Ruling Date: 08/06/2012; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

Ryan Savinell a/k/a Ryan Anthony Savinell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-319RCD; Ruling Date: 03/18/2013; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.