07/19/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-01603-COA

R. A. S., Jr., K. S., A. S., V. S. and M. S. v. S. S.; Leflore Chancery Court; LC Case #: 96-0122; Ruling Date: 01/08/2009; Ruling Judge: William Willard, Jr.; Consolidated with 2009-CA-01809-COA S. S., K. S., A. S., V. S. and M. S., by and Through their Joint Legal Guardian and Next Friend, S. S. v. R. A. S., Jr.; Leflore Chancery Court; LC Case #: 96-0122; Ruling Date: 09/10/2009; Ruling Judge: William Willard, Jr.; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed equally between the parties. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Keith Spearman v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-034-CR2; Ruling Date: 01/11/2010; Ruling Judge: Albert Smith, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of auto theft and sentence of five years in the custody of the Mississippi Department of Corrections and five years of post-release supervision is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Gilda H. Davis and Joseph Davis, Jr. v. Biloxi Public School District, Biloxi Public School Board, Board of Trustees, Dr. Paul A. Tisdale, Superintendent, Biloxi Public School District, Dr. Robert W. Bowles, Deputy Superintendent, Biloxi Public School District, Dr. Larry Drawdy, Biloxi Public School District, Lawyer Gerald Blessey, Biloxi Public School District, Bonnie Granger, Controller/Director of Business Management, Susan Brand, Principal, Beauvoir Elementary School, Biloxi Public School District, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-2009-00035; Ruling Date: 02/05/2010; Ruling Judge: Lisa Dodson; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. Double costs of this appeal are assessed to appellant Gilda Davis. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Russell, JJ., concur. Maxwell, J., not participating.

Johnny Hollingsworth v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR07-099; Ruling Date: 06/03/2010; Ruling Judge: James Pounds; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Tishomingo County denying the motion for post-conviction relief is vacated, and this case is dismissed. All costs of this appeal are assessed to Tishomingo County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee and Maxwell, JJ., concur. Irving, P.J., concurs in result only without separate written opinion. Roberts, J., concurs in part without separate written opinion. Russell, J., not participating.

Chuck Wood v. Jason Chad Cooley; Lee Circuit Court; LC Case #: CV06-199(R)L; Ruling Date: 09/18/2009; Ruling Judge: James Roberts, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee and Russell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Maxwell, J., not participating.

Carlos Varnado v. State of Mississippi; Marion Circuit Court; LC Case #: K08-036-H; Ruling Date: 02/19/2010; Ruling Judge: Prentiss Harrell; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of Count I, conspiracy to commit armed robbery, and sentence of five years, and Counts II, III, IV, V, VI, and VII, armed robbery, and sentence of twenty years for each count, with the sentences in Counts I, IV, V, VI, and VII to run concurrently, and with the sentences in Counts II and III to run consecutively to each other and concurrently with the sentences for the remaining counts, for a total of forty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Derrick Stokes v. State of Mississippi; Madison Circuit Court; LC Case #: CI2010-0022-R; Ruling Date: 03/02/2010; Ruling Judge: Samac Richardson; Majority Opinion: Roberts, J. Disposition: The appeal of the judgment of the Madison County Circuit Court denying the motion for post-conviction relief is dismissed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Ellis Dawkins v. State of Mississippi; Marshall Circuit Court; LC Case #: CV09-346; Ruling Date: 02/08/2010; Ruling Judge: Henry Lackey; Majority Opinion: Roberts, J. Disposition: The judgment of the Marshall County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Maxwell and Russell, JJ., concur. Carlton, J., concurs in result only without separate written opinion.

Mario London v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2008-680-CD; Ruling Date: 08/25/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of grand larceny and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections, without eligibilty for parole or probation, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Billy Glen Stewart v. State of Mississippi; Leake Circuit Court; LC Case #: 06-CR-007-LE-C; Ruling Date: 01/18/2007; Ruling Judge: Vernon Cotten; Majority Opinion: Ishee, J. Disposition: The judgment of the Leake County Circuit Court of conviction of Counts I, II, and III, sale of cocaine, and sentence of sixty years on each count in the custody of the Mississippi Department of Corrections, all as a habitual offender, without eligibility for probation or parole, with the sentences for Counts II and III to run concurrently with the sentence for Count I, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Terry W. Rodgers v. State of Mississippi; Lee Circuit Court; LC Case #: CV09-123-G-L; Ruling Date: 01/12/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Lee County Circuit Court denying the motion for post-convicition relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Cecil Junior Pruitt v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-088(W); Ruling Date: 01/26/2010; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lauderdale County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes and Roberts, JJ., concur. Irving, P.J., and Maxwell, J., concur in part and in the result without separate written opinion. Carlton, J., concurs in result only without separate written opinion. Russell, J., not participating.

John Johnson a/k/a John Edward Johnson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,118(1); Ruling Date: 01/14/2010; Ruling Judge: Robert Krebs; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Ricky L. Haggard v. City of Jackson, Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-861CIV; Ruling Date: 04/15/2010; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result. Russell, J., not participating.

Anthony Lafayette v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2008-001-CR1; Ruling Date: 12/17/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Barnes, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of manslaughter and sentence of eighteen years 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., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Dung Thank Tran a/k/a Julio Tran v. State of Mississippi; Grenada Circuit Court; LC Case #: 2010-105-CV-L; Ruling Date: 03/11/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Grenada County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Brandon Dale Odom v. State of Mississippi; Leake Circuit Court; LC Case #: 09-CR-066-LE-G; Ruling Date: 01/14/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Leake County Circuit Court of conviction of armed robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with five years suspended, ten years to serve, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Lori Lynn Walley and Christopher Blake Walley v. Kathy Lynn Pierce and Tony Curtis Pierce; Greene Chancery Court; LC Case #: 2009-22RP; Ruling Date: 12/04/2009; Ruling Judge: G. Bordis, IV; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Greene County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Irving, P.J., dissents without separate written opinion. Russell, J., not participating.

Jessica Michelle (Menard) McLeod v. Anthony Scott McLeod; Jackson Chancery Court; LC Case #: 2005-1064-JB; Ruling Date: 05/19/2010; Ruling Judge: Jaye Bradley; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed in part, reversed and rendered in part, and remanded for further proceedings consistent with this opinion. All costs of this appeal are divided equally between the parties. Votes: Lee, C.J., Irving, P.J., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur. Ishee, J., not participating.

Lawrence F. Willis v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 07-CV-010(B); Ruling Date: 06/21/2010; Ruling Judge: Robert Bailey; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

William R. Cromwell v. Mississippi Department of Employment Security and Big M Transportation, Inc.; Marshall Circuit Court; LC Case #: CV2009-000685; Ruling Date: 06/14/2010; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed for lack of jurisdiction. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Bennie E. Braswell, Jr. v. Beth Stinnett, D.D.S., Individually and d/b/a Family Dentistry; Marshall Circuit Court; LC Case #: M2007-066; Ruling Date: 11/07/2009; Ruling Judge: Henry Lackey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Marshall 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., Myers, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Barnes, J. Russell, J., not participating. Dissenting Opinion: Carlton, J. Votes: Barnes, J., joins this opinion.

Charlie Taylor v. Emmitt L. Sparkman, et al.; Sunflower Circuit Court; LC Case #: 2010-0058-CI; Ruling Date: 03/17/2010; Ruling Judge: Richard Smith; Majority Opinion: Lee, C.J. Disposition: The judgment of the Sunflower County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Shannon Johnson and Sashaye Johnson v. City of Quitman, Mississippi; Clarke Circuit Court; LC Case #: 2009-23 B; Ruling Date: 04/01/2010; Ruling Judge: Robert Bailey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Clarke County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Titus Rayon Jenkins v. State of Mississippi; Pike Circuit Court; LC Case #: 07-670-PKS; Ruling Date: 09/22/2008; Ruling Judge: David Strong, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Pike County Circuit Court of conviction of possession of at least one-tenth gram but less than two grams of cocaine and sentence of sixteen years in the custody of the Mississippi Department of Corrections with twelve years to serve, four years suspended and four years of post-release supervision, and to pay a $10,000 fine, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Carlton and Maxwell, JJ., concur. Ishee and Russell, JJ., not participating.

Kelsey Rushing and Yumeka Rushing v. Trustmark National Bank; Hinds Circuit Court 1st District; LC Case #: 251-08-366 CIV; Ruling Date: 11/17/2009; Ruling Judge: W. Yerger; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Irving, P.J., and Russell, J. Barnes, J., not participating. Dissenting Opinion: Carlton, J. Votes: Irving, P.J., and Russell, J., join this opinion.

Scott Colson's Shop, Inc. and The Ohio Casualty Insurance Company v. Parnell Harris; Hinds Circuit Court 1st District; LC Case #: 251-08-077CIV; Ruling Date: 12/23/2009; Ruling Judge: Winston Kidd; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is reversed, and judgment is rendered to reinstate the decision of the Mississippi Workers' Compensation Commission. All costs of this appeal are assessed to the appellee. Votes: Griffis, P.J., Myers, Barnes and Maxwell, JJ., concur. Irving, P.J., dissents with separate written opinion joined by Ishee and Russell, JJ. Lee, C.J., and Carlton, J., not participating. Dissenting Opinion: Irving, P.J. Votes: Ishee and Russell, JJ., join this opinion.

Fred's Stores of Tennessee, Inc. v. Jesse Pratt; Leflore Circuit Court; LC Case #: 2004-0092-CICI; Ruling Date: 12/21/2009; Ruling Judge: Betty Sanders; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Leflore County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are divided equally between the appellant and the appellee. Votes: Lee, C.J., Irving, P.J., Myers and Russell, JJ., concur. Maxwell, J., concurs in part and in the result with separate written opinion joined by Griffis, P.J., Barnes and Roberts, JJ., and joined in part by Russell, J. Carlton, J., concurs in result only without separate written opinion. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Griffis, P.J., Barnes and Roberts, JJ., join this opinion. Russell, J., joins this opinion in part.