07/16/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
XX  2012-CA-00533-COA

Keith Curry v. Sharlene Frazier; Coahoma Chancery Court; LC Case #: 2000-353; Ruling Date: 02/24/2012; Ruling Judge: Catherine Farris-Carter; Majority Opinion: James, J. Disposition: The judgment of the Coahoma County Chancery Court 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., Griffis, P.J., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Barnes and Carlton, JJ. Dissenting Opinion: Irving, P.J. Votes: Barnes and Carlton, JJ., Join This Opinion.

In The Matter of The Estate of Reverend R.T. Strong, Deceased: George Patrick Johnson, Leon Foster, Florine Miller and Richard Wright v. Shirley T. Washington; Washington Chancery Court; LC Case #: 09-01246; Ruling Date: 04/24/2012; Ruling Judge: Marie Wilson; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Washington County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Sheldon Nathan a/k/a Sheldon Orange v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-087RCD; Ruling Date: 04/23/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Ivana Merritt a/k/a Ivanna Merritt a/k/a Ivana Marie Merritt v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-1-507CRW; Ruling Date: 09/30/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of aggravated DUI 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Donald Foster Estes a/k/a Donald Estes a/k/a Donald F. Estes a/k/a Donald Foster Estes Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-103RCD; Ruling Date: 05/08/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Ottis J. Cummings, Jr. a/k/a Ottis Junior Cummings a/k/a Otis Cummings a/k/a Ottis J. Commings a/k/a Otis J. Cummings v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2012-028-CV-L; Ruling Date: 06/14/2012; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Choctaw County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Noble Ray Bell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-866; Ruling Date: 10/10/2011; Ruling Judge: William Gowan, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hinds County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Randolph May and Martha Gene May v. Adirondack Timber I, LLC; Pike Special Court of Eminent Domain; LC Case #: 11-1073; Ruling Date: 12/20/2011; Ruling Judge: John Price; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pike County Special Court of Eminent Domain is affirmed in part and reversed and rendered in part. All costs of this appeal are divided equally between the appellants and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Shawn Adams v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0172; Ruling Date: 03/28/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, 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, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Daniel Paul Copple a/k/a Daniel P. Copple a/k/a Daniel Copple v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0134-CR1; Ruling Date: 12/08/2011; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Counts I and II, murder, and sentence of life on each count, and Count III, aggravated assault, and sentence of fifteen years, with the sentences to run consecutively, 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., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Mary Terrell v. Robert Terrell; Jackson Chancery Court; LC Case #: 2007-2115-JB; Ruling Date: 04/04/2011; Ruling Judge: Jaye Bradley; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Chancery Court is affirmed in part, and reversed and rendered in part. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Julius Wesley Kiker a/k/a Julius W. Kiker a/k/a Julius Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2003-10,010; Ruling Date: 01/20/2012; Ruling Judge: Robert Krebs; Majority Opinion: Ishee, J. Disposition: The judgment of the George County Circuit Court 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Brien Blakeney a/k/a Brien Austin Blakeney v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0135; Ruling Date: 03/01/2012; Ruling Judge: Lee Coleman; Majority Opinion: Ishee, J. Disposition: The judgment of the Oktibbeha 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 Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Not Participating.

Terrance Durrell Hudson a/k/a Terrance D. Hudson v. State of Mississippi; Lincoln Circuit Court; LC Case #: 11-285-LT; Ruling Date: 06/11/2012; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of possession of cocaine with intent to distribute and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with nine years suspended and six years to serve, and five years of post-release supervision, and a $5,000 fine is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Valerie Bonner v. Imperial Palace of Mississippi, LLC ; Harrison Circuit Court 2nd District; LC Case #: A2402-11-108; Ruling Date: 02/02/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Barnes, 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, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jerry P. Mize v. Westbrook Construction Company of Oxford, LLC, Jimmy Alvis Lewis, Jr., Kay W. Lewis and Jimmie Waller; Lafayette Chancery Court; LC Case #: 2008-507A; Ruling Date: 03/20/2012; Ruling Judge: Glenn Alderson; Majority Opinion: Barnes, J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed. All costs of this appeal are assessed to Lafayette County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Not Participating.

Lonnie Massey a/k/a Lonnie Gene Massey a/k/a Kenneth Ball v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2011-0358-JE; Ruling Date: 12/29/2011; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Madison County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Da'rekus Rush a/k/a Da'rekus Deshun Rush a/k/a Da'rekus De-Shun Rush a/k/a "D" a/k/a "LiL D" a/k/a Darekus D. Rush v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-067-B; Ruling Date: 03/27/2012; Ruling Judge: Robert Bailey; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Lauderdale County Circuit Court dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Not Participating.

Carlos Terrell Carter a/k/a Carlos T. Carter a/k/a Carlos Carter v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0059 CVI; Ruling Date: 02/29/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Roberts and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Jerry Stribling v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CR-049-LE-C; Ruling Date: 06/13/2011; Ruling Judge: Vernon Cotten; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Leake County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections, with eighteen years to serve, two years suspended, and two years of post-release supervision, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

National Western Life Insurance Company v. Charlene Dunn; Lee Circuit Court; LC Case #: CV05-045-R; Ruling Date: 09/06/2011; Ruling Judge: James Roberts, Jr.; Majority Opinion: Irving, P.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 the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Michael Roberts and Lannie Roberts v. Young's Creek Investment, Inc.; Tallahatchie Chancery Court 1st District; LC Case #: 2009-74; Ruling Date: 04/16/2012; Ruling Judge: Jon Barnwell; Majority Opinion: Irving, P.J. Disposition: The judgment of the Tallahatchie County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. Barnes, J., Not Participating.

Charles Ferguson a/k/a Charles Furguson a/k/a Charles Ferguson, Jr. a/k/a C J v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0343-CRIC; Ruling Date: 02/21/2012; Ruling Judge: Lee Coleman; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of possession of marijuana, in an amount greater than 250 grams but less that 500 grams, and sentence as a habitual offender of eight years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation and a $50,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Robert Hobgood v. Mississippi Power Company, Inc.; Lauderdale Special Court of Eminent Domain; LC Case #: CA 11-996(c); Ruling Date: 02/29/2012; Ruling Judge: Franklin Coleman; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lauderdale County Special Court of Eminent Domain is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Royer Homes of Mississippi, Inc. v. Alison Steiner, Jack G. Price and Adelman & Steiner, P.A.; Forrest Circuit Court; LC Case #: CI-04-0145; Ruling Date: 03/12/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Lee, C.J. Disposition: The judgment of the Forrest 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: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. James, J., Not Participating.

Christopher Carter a/k/a Christopher Paul Carter a/k/a Christopher P. Carter a/k/a Chris Carter v. State of Mississippi; Madison Circuit Court; LC Case #: CI2011-130-JE; Ruling Date: 04/04/2012; Ruling Judge: William Chapman, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court of conviction of driving under the influence, second offense, and sentence of thirty days, with the last fifteen days suspended, followed by two years of probation, and a $1,500 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Charlotte Foster v. City of Pass Christian, Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-11-00059; Ruling Date: 06/01/2012; Ruling Judge: Richard McKenzie; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Result Only.

Chakakhan Davis v. Office Max; Warren Circuit Court; LC Case #: 11, 0069-CI; Ruling Date: 08/06/2012; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Warren County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Charles Patterson v. City of Greenville, Mississippi, Councilman Kenneth L. Gines, Councilman Carolyn Weathers, Councilman Ann Hollowell, Councilman Betty Watkins and Councilman Errick D. Simmons; Washington Circuit Court; LC Case #: 2010-0238CI; Ruling Date: 04/18/2011; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Irving, P.J., and Carlton, J., would grant.

Eric James Foster a/k/a Eric Foster a/k/a Eric J. Foster v. State of Mississippi; Franklin Circuit Court; LC Case #: 11-KR-015; Ruling Date: 10/18/2011; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., Barnes and James, JJ., would grant.

Bobby Ray Henderson a/k/a Bobby R. Henderson a/k/a Bobby Henderson v. State of Mississippi; Franklin Circuit Court; LC Case #: 11-KR-007; Ruling Date: 10/20/2011; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied.

Roderic C. Catchings v. State of Mississippi; Rankin Circuit Court; LC Case #: 16,581; Ruling Date: 02/08/2012; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is dismissed.