07/18/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2004-CA-02275-COA

Glenn Beckham v. General Motors Corporation; Jackson Circuit Court; LC Case #: CI-2003-00002(2); Ruling Date: 10/15/2004; Ruling Judge: Kathy Jackson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur. King, C.J., Concurs in Result Only Without Separate Written Opinion.

Todd D. Davis v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,343; Ruling Date: 02/24/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Roberts, J. Disposition: The judgment of the Holmes County Circuit Court of conviction of Counts I, II and III is affirmed. This matter is remanded to circuit court for clarification of sentence not inconsistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur.

Linda McCoy, Individually and on behalf of the Wrongful Death Beneficiaries of Robin McCoy, Deceased and Daniel and Jeweline Lee, Individually and on behalf of the Wrongful Death Beneficiaries of Dana Lee, Deceased v. City of Florence, City of Richland and Rankin County Sheriff's Department; Rankin Circuit Court; LC Case #: 2002-149; Ruling Date: 03/21/2005; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Rankin County Circuit Court of summary judgment in favor of the City of Richland, the City of Florence, and Rankin County is affirmed. The judgment of the Rankin County Circuit Court of summary judgment in favor of Corey Tate is reversed. Rankin County is instructed to file with the clerk of this Court within thirty (30) days of the date of this opinion an affidavit setting out any and all attorney's fees incurred as a result of the appeal of this cause, and to submit a copy of the affidavit to counsel opposite. The appellants will then have thirty (30) days from its receipt of the affidavit of Rankin County to respond. The Court of Appeals will then make a decision as to the amount of the award of attorney's fees to Rankin County. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., Concur. King, C.J. and Irving, J., Concur in Result Only Without Separate Written Opinion.

Cynthia Ann Arledge Beasnett and Joy Lynn Arledge v. Robert Arledge; Warren Chancery Court; LC Case #: 29,629; Ruling Date: 01/14/2005; Ruling Judge: Kennie Middleton; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed on direct and cross appeal. All costs of this appeal are assessed in equal parts to the Appellants/Cross-Appellees and the Appellee/Cross-Appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., Concur.

James Buster Smith v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: H-2004-031; Ruling Date: 05/21/2004; Ruling Judge: Henry Lackey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit 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., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., Concur.

Tony Hargrove v. State of Mississippi; Webster Circuit Court; LC Case #: 2003-84-CVM; Ruling Date: 06/24/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Webster County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Webster County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

The Estate of Willie Finley, Sr., by and through Verrie L. Jordan, Administratrix, for the Use and Benefit of the Estate of Willie Finley, Sr., and for the Use and Benefit of the Wrongful Death Beneficiaries of Willie Finley, Sr. v. Beverly Health and Rehabilitation Services, Inc., Beverly Enterprises-Mississippi, Inc., David Banks and Charlie R. Sinclair, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-00-001186CIV; Ruling Date: 10/05/2004; Ruling Judge: W. Yerger; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit 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., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Roger L. Tutor v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR 03-031; Ruling Date: 12/02/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Pontotoc County of conviction of murder and sentence to serve life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur. King, C.J., Concurs in Result Only Without Separate Written Opinion.

Reginald Joe Moss v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV04-280(A)A; Ruling Date: 03/07/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Alcorn County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Roy Lee Tillman, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2004-22-L-T; Ruling Date: 06/17/2005; Ruling Judge: Ann Lamar; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Tate County of conviction of Count I, sexual battery, and sentence of twenty years, with five years of post-release supervision; Count II, fondling of a child, and sentence of fifteen years to run concurrently to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Tate County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Don Long v. State of Mississippi; Yazoo Circuit Court; LC Case #: 22-9172; Ruling Date: 08/27/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Yazoo County of conviction of possession of stolen property and sentence of five years with three years suspended leaving two years to serve in the custody of the Mississippi Department of Corrections is affirmed on direct and cross-appeal. All costs of this appeal are assessed to Yazoo County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Brian O. Steen v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2004-008; Ruling Date: 03/10/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Calhoun County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Donnell Judge v. State of Mississippi; Warren Circuit Court; LC Case #: 05,0038-C; Ruling Date: 03/01/2005; Ruling Judge: Frank Vollor; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Warren County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Jonas Smith a/k/a Jonas Lajuan Smith v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2005-0014P; Ruling Date: 02/04/2005; Ruling Judge: R. Prichard, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Pearl River County dismissing post-conviction relief is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Joe Henry Cotton v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2004-0493 RD; Ruling Date: 09/29/2004; Ruling Judge: George Ready; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of DeSoto 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 DeSoto County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Gerald Lander v. Singing River Hospital System; Ocean Springs Hospital; Jackson Circuit Court; LC Case #: CI-2001-00,308; Ruling Date: 11/03/2004; Ruling Judge: Kathy Jackson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

George R. Schwartz, M.D. v. Wayne Hynum; Forrest Circuit Court; LC Case #: CI99-0038; Ruling Date: 12/30/2002; Ruling Judge: Richard McKenzie; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Forrest County is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

James C. Pearson, Sr. a/k/a James Clarence Pearson, a/k/a "Johnny" v. State of Mississippi; Clarke Circuit Court; LC Case #: 2004-115(R); Ruling Date: 01/20/2005; Ruling Judge: Robert Bailey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Clarke County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., Concur. Roberts, J., not participating.

Deidra Brooks; Elbert Cole; Trakena Cole; Vincent Dancy; Earl Dew; Valexia Edwards; Michael Hughes; Velma Jenkins; Shawnegua Rucker; and Russell Smart v. Stone Architecture, P.A.; Sneed Construction Company, P.A.; G & G Construction, Sheet Metal and Roofing, Inc.; and Cole Refrigeration; Noxubee Circuit Court; LC Case #: 98-0001; Ruling Date: 04/19/2004; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Noxubee County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., Concur.

Herring Gas Company, Inc. v. Mississippi Employment Security Commission; Jones Circuit Court 2nd District; LC Case #: 2003-175-CV9; Ruling Date: 08/19/2004; Ruling Judge: Billy Landrum; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Jones County is affirmed. Votes: King, C.J., Chandler and Ishee, JJ., Concur. Irving, J., Concurs in Result Only Without Separate Written Opinion. Roberts, J., Dissents With Separate Written Opinion, Joined by Lee, P.J. Griffis and Barnes, JJ.; Southwick, J. Joins In Part. Dissenting Opinion: Roberts, J. Votes: Lee, P.J., Griffis and Barnes, JJ., Join This Opinion. Southwick, J., Joins This Opinion in Part.