07/17/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2010-KA-01489-COA

Belinda Boleyn v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-21-KR2; Ruling Date: 05/18/2010; Ruling Judge: Billy Landrum; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of manslaughter, and sentence of twenty years, with five years suspended and fifteen years to serve, and to complete a community service program if released before the full sentence is served, is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

Christopher R. Ingram a/k/a Christopher Ingram a/k/a Christopher Ray Ingram v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 10-CV-163(W); Ruling Date: 06/29/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Lauderdale County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

Ronald Gene Johnston a/k/a Ronald G. Garrett a/k/a Ronald G. Johnston v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0036-CV1 C; Ruling Date: 05/26/2011; Ruling Judge: Lee Coleman; Majority Opinion: Russell, J. Disposition: The judgment of the Lowndes County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

J.S. and L.S., Individually, and as Next Best Friends of A.S., A Minor v. Lamar County School District; Lamar Circuit Court; LC Case #: 2009-143; Ruling Date: 01/18/2011; Ruling Judge: Anthony Mozingo; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lamar County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

In Re: Loleta B. Wing Trust: Todd Wing and Tammy Kinney v. Jimmy R. Wing; Lafayette Chancery Court; LC Case #: 2008-110 R; Ruling Date: 05/05/2011; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Russell and Fair, JJ., Concur. Roberts, J., Not Participating.

Adam Lucas v. Jeannie H. Hendrix and John F. Hendrix; Lowndes Chancery Court; LC Case #: 2010-0538-C; Ruling Date: 01/06/2011; Ruling Judge: Dorothy Colom; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell and Russell, JJ., Concur. Fair, J., Specially Concurs With Separate Written Opinion, Joined by Lee, C.J., and Ishee, J. Specially Concurring Opinion: Fair, J. Votes: Lee, C.J. and Ishee, J., Join This Opinion.

Gulfport Shopping Center, Inc., H. Dewayne Williams, John M. Hill, Michael V. Shannon, David L. Strobel and C. Hadley Weaver, Jr. v. William H. Durham; Harrison Chancery Court 1st District; LC Case #: 02-00582; Ruling Date: 04/07/2010; Ruling Judge: James Thomas, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Chancery Court is affirmed in part and reversed and rendered in part. All costs of this appeal are split equally between the parties. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and Maxwell, JJ., Concur. Carlton and Fair, JJ., Concur in Result Only. Russell, J., Concurs in Part and in the Result.

Arnetria L. Aultman v. Lawrence County, Mississippi; Lawrence Circuit Court; LC Case #: 2010-0132H; Ruling Date: 03/09/2011; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lawrence County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts and Fair, JJ., Concur. Carlton, J., Concurs in Result Only With Separate Written Opinion. Russell, J., Concurs in Part and in the Result Without Separate Written Opinion. Maxwell, J., Not Participating. Concur in Result Only Opinion: Carlton, J.

W.G. Yates & Sons Construction Company v. City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: 09-0355; Ruling Date: 09/27/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hancock 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: Roberts, Carlton, Russell and Fair, JJ., Concur. Lee, C.J., Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Ishee, J., Not Participating.

In the Matter of the Adoption of M.C. and B.C., Minors: K.C. v. M.W., K.Z. and J.Z.; Harrison Chancery Court 1st District; LC Case #: A-6222-A3; Ruling Date: 01/07/2011; Ruling Judge: Sanford Steckler; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

David Campbell v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK2008-279; Ruling Date: 02/18/2011; Ruling Judge: Robert Elliott; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lafayette County is reversed and rendered. All costs of this appeal are assessed to Lafayette County. Votes: Lee, C.J., Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., and Barnes, J., Dissent Without Separate Written Opinion.

Thomas Dale Watts v. Kimberly J. Watts; Harrison Chancery Court 1st District; LC Case #: 08-01816-4; Ruling Date: 03/11/2010; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., would grant. Order entered.

Cornelius Belmer v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-090-A-LE-G; Ruling Date: 04/05/2010; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Order entered.

Laterrice Terrell Barnes v. State of Mississippi; Jackson Circuit Court; LC Case #: 2007-10,377(3); Ruling Date: 02/19/2009; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied. Order entered.

McComb Nursing and Rehabilitation Center, LLC v. Masumi Lee, Individually and for and on Behalf of the Wrongful Death Beneficiaries of Robert E. Lee, Deceased; Pike Circuit Court; LC Case #: 07-016-PC; Ruling Date: 07/27/2010; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Fair, J., not participating. Order entered.

In The Matter of The Estate of Samuel A. Farr, Deceased: Samuel A. Farr v. Nancy Wirick; Chickasaw Chancery Court 1st District; LC Case #: CV2010-100006-B; Ruling Date: 07/19/2010; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is dismissed. Order entered.

Mary Barrow, Individually and for the Benefit of the Wrongful Death Heirs of Latisha Barrow and the Estate of Latisha Barrow, By and Through Mary Barrow, Administratrix v. Reul May, Jr., D.D.S.; Hinds Circuit Court 1st District; LC Case #: 251-07-1212CIV; Ruling Date: 08/09/2010; Ruling Judge: W. Yerger; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: Russell, J. Votes: Irving, P.J., Joins This Opinion.

Mississippi Transportation Commission v. Reena Kay Helms Buchanan; Pontotoc Special Court of Eminent Domain; LC Case #: CV-05-223JR(PO); Ruling Date: 09/20/2010; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Shirley Alston and Robert Alston v. Justin P. Pope and T. K. Stanley, Inc.; Wayne Circuit Court; LC Case #: CV2007 209 B; Ruling Date: 09/30/2010; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Roberts and Carlton, JJ., would grant. Griffis, P.J., Maxwell and Fair, JJ., not participating. Order entered.

Ronald Payne and Thomas Payne, Individually and on Behalf of The Wrongful Death Beneficiaries of Marie Payne, Deceased v. Cleveland Gowdy, Individually and as an Employee of Schneider National Carriers, Inc., and Schneider National Carriers, Inc.; Lauderdale Circuit Court; LC Case #: 09-CV-007W; Ruling Date: 08/19/2010; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Russell, J. Roberts, J., Not Participating. Dissenting Opinion: Irving, P.J. Votes: Russell, J., Joins This Opinion.

Arthur Gerald Hudson and Linda S. Hudson v. Lowe's Home Centers, Inc.; Jackson Circuit Court; LC Case #: 2009-00184(2); Ruling Date: 11/15/2010; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Gregory Antonio Hollins v. State of Mississippi; Rankin Circuit Court; LC Case #: 20980; Ruling Date: 08/03/2010; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.

Robert Lee Thomas v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-10-0062; Ruling Date: 11/23/2010; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Order entered.

Lewis Henry Thompson a/k/a Lewis Henry Thompson Sr. v. State of Mississippi; Neshoba Circuit Court; LC Case #: 09-CR-0048-NS-G; Ruling Date: 11/10/2010; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Order entered.

Laura Karpinsky v. American National Insurance Company and Oraclean, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-08-139; Ruling Date: 12/01/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Barnes, J., would grant. Order entered.

Willie Lee Williams a/k/a Black Bill v. State of Mississippi; Marion Circuit Court; LC Case #: 2010-0282P; Ruling Date: 08/30/2010; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Order entered.

Mississippi Farm Bureau Casualty Insurance Company, Jimmy Moore and John Lagrone v. Mississippi Department of Mental Health; Lafayette Circuit Court; LC Case #: L08-077; Ruling Date: 01/14/2011; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

Timothy Joseph Patterson v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-078-SC-G; Ruling Date: 01/20/2011; Ruling Judge: Marcus Gordon; Disposition: Motion for Extraordinary Writ and Recusal and Mandamus is granted in part. The record shall include all proceedings in the trial court, including the portions of the record where the judge interrogated Dr. Mark Webb on the witness stand during the motion for new trial. The motion for recusal and other relief is passed for consideration with the merits of the appeal. Order entered.

In The Matter of The Dissolution of The Marriage of Susan B. Segree and Frank A. Segree, III: Frank A. Segree, III v. Susan B. Segree; Warren Chancery Court; LC Case #: 2007-289GN; Ruling Date: 02/07/2011; Ruling Judge: Vicki Barnes; Consolidated with 2009-CA-00757-COA In The Matter of The Dissolution of Marriage: Frank A. Segree, III v. Susan B. Segree; Warren Chancery Court; LC Case #: 2007-289-GN; Ruling Date: 11/24/2008; Ruling Judge: Vicki Barnes; Disposition: Appellee's Motion for Attorney Fees is granted. The appellee is awarded one-half of the amount awarded in the lower court. Order entered.

James C. Winding a/k/a James Winding v. State of Mississippi; Adams Circuit Court; LC Case #: 03-KR-0052-S; Ruling Date: 04/05/2012; Ruling Judge: Lillie Sanders; Disposition: Motion for Leave to Proceed In Forma Pauperis denied. Order entered.