07/19/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2015-KA-00155-COA

State of Mississippi v. Brandon Rawlings a/k/a Brandon Lane Rawlings a/k/a Brandon L. Rawlings; Pearl River Circuit Court; LC Case #: K-2011-302M; Ruling Date: 01/20/2015; Ruling Judge: Anthony Mozingo; Majority Opinion: Greenlee, J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair and Wilson, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Ishee, J., not participating.

Janet K. Sanford v. Walter Dudley and Tracy Dudley; Lamar Circuit Court; LC Case #: 2014-037; Ruling Date: 02/23/2015; Ruling Judge: Prentiss Harrell; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Lamar County 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, Carlton, James and Greenlee, JJ., Concur. Fair, J., not participating.

Greg A. Fortenberry a/k/a Greg Fortenberry a/k/a Greg Antonio Fortenberry a/k/a "Red" v. State of Mississippi; Pike Circuit Court; LC Case #: K14-076-PKS-3; Ruling Date: 01/26/2015; Ruling Judge: David Strong, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Pike County Circuit Court of conviction of first-degree murder, conspiracy to commit first-degree murder, third-degree arson, conspiracy to commit third-degree arson, and possession of a weapon by a convicted felon, and sentence on each count of life in the custody of the Mississippi Department of Corrections without possibility of reduction, suspension, probation, or parole, with all counts to run concurrently and to pay a fine of $1,000 on each count, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Aundrea Robinson v. Martin Food Stores, Inc. d/b/a Sunflower Food Stores of Magnolia; Pike Circuit Court; LC Case #: 12-218-PCS; Ruling Date: 09/09/2014; Ruling Judge: David Strong, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Jesse Lee Walker a/k/a Jesse Walker a/k/a Jessie Walker a/k/a Jessie Lee Walker a/k/a Jesse L. Walker v. State of Mississippi; Tippah Circuit Court; LC Case #: TK2014-029; Ruling Date: 12/11/2014; Ruling Judge: Robert Elliott; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Tippah County of conviction of Count I, gratification of lust, and sentence of five years and a $1,000 fine; and Count II, sexual battery, and sentence of thirty years with five years suspended and five years of post-release supervision, with the sentences to run consecutively to each other, all in the custody of the Mississippi Department of Corrections and without eligibility for parole, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur.

Bill Lauderdale d/b/a Bumps & Ruts Motorcross Track v. DeSoto County, Mississippi, by and through Its Board of Supervisors; DeSoto Chancery Court; LC Case #: 12-CV-1261; Ruling Date: 04/04/2014; Ruling Judge: Vicki Daniels; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion.

Gregory A. Thinnes a/k/a Gregory Thinnes v. State of Mississippi; Webster Circuit Court; LC Case #: 2014-041CV-M; Ruling Date: 12/05/2014; Ruling Judge: C. Morgan, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Webster County Circuit Court denying the petition for postconviction collateral relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Webster County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Lonnie Massey a/k/a Lonnie Gene Massey a/k/a Kenneth Ball a/k/a Lonnie G. Massey v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0482-R 2010-0483 R; Ruling Date: 08/27/2014; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Charles Gregory Davis a/k/a Charles G. Davis a/k/a Charles Davis a/k/a Greg Davis v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2012-1226RCD; Ruling Date: 07/10/2014; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto 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 DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., and Barnes, J., Concur. Fair and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Carlton and Greenlee, JJ., not participating.

Cynthia Johnson v. City of Jackson, Mississippi; LC Case #: 1111471-K-9582; Ruling Date: 06/10/2015; Majority Opinion: Ishee, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Paul V. Lacoste v. Laura R. Lacoste; Madison Chancery Court; LC Case #: 2013-001-B; Ruling Date: 03/20/2014; Ruling Judge: Cynthia Brewer; Majority Opinion: Barnes, J. Disposition: The judgment of the Madison County Chancery Court 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., Ishee, Fair, Wilson and Greenlee, JJ., Concur. Griffis, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Marion O'Bryan Strickland a/k/a Marion Strickland a/k/a Bryan Strickland a/k/a Brian Strickland v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2013-89-SM(P2); Ruling Date: 11/03/2014; Ruling Judge: Smith Murphey; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Panola County Circuit Court of conviction of enticing a child to produce a visual depiction of sexually explicit conduct and sentence of forty years, with twenty years to serve in the custody of the Mississippi Department of Corrections and twenty years of post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Juan Gray v. Town of Terry, Mississippi, Mayor Roderick Nicholson, Aldermen Virginia Bailey, Bonnie Holly, Joseph Kendrick Jr., Elzena Johnson, and Doris Young; Hinds Circuit Court 1st District; LC Case #: 25C11:13-CV-00594-JAW; Ruling Date: 04/15/2015; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Monte Knight v. Monica Knight; Clarke Chancery Court; LC Case #: 11-346-P; Ruling Date: 12/22/2014; Ruling Judge: Lawrence Primeaux; Majority Opinion: Lee, C.J. Disposition: The judgment of the Clarke County Chancery 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 appellant and the appellee. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Gloria Leake v. Anthony Leake; Adams Chancery Court; LC Case #: 2011-419; Ruling Date: 04/21/2015; Ruling Judge: E. Davis; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chancery Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Christopher Anderson a/k/a Christopher Wayne Anderson a/k/a Christopher W.E. Anderson a/k/a Christopher Wayne v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-548CR; Ruling Date: 04/10/2014; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

Darex Antonio Chester a/k/a Darex Chester a/k/a Darex A. Chester v. State of Mississippi; Pike Circuit Court; LC Case #: 11-082-PKS-PKT; Ruling Date: 04/08/2013; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.

Jeffrey Brasso a/k/a Jeffrey Scott Brasso v. State of Mississippi; Jackson Circuit Court; LC Case #: 2014-00,087(2); Ruling Date: 06/30/2014; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied. Griffis, P.J., Fair and Wilson, JJ., would grant.

Antwain D. Thomas a/k/a Antwain Darriel Thomas a/k/a Antwain Thomas v. State of Mississippi; Clarke Circuit Court; LC Case #: 2011-CR-78; Ruling Date: 09/04/2012; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied.

Kenneth R. Goldsmith a/k/a Kenneth Goldsmith a/k/a Kenneth Ray Goldsmith v. State of Mississippi; Rankin Circuit Court; LC Case #: 25258; Ruling Date: 02/26/2014; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing filed on June 7, 2016, is denied.

Bennie Beal v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11149500 TTG/0999; Ruling Date: 03/17/2014; Ruling Judge: Tomie Green; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, of conviction of murder, with a firearm enhancement, and sentence of forty years in the custody of the Mississippi Department of Corrections, with twenty years to serve, twenty years suspended, and five years of supervised probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Griffis, P.J., Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: Barnes, J. Votes: Irving, P.J., Joins This Opinion.

City of Meridian, Mississippi d/b/a East Mississippi Drug Task Force v. $104,960.00 U.S. Currency, and a 2003 Ford F-150 Supercab Truck, VIN #1FTRX17213NB65899 and Maria I. Valle Catalan; Lauderdale Circuit Court; LC Case #: 14-CV-157(W); Ruling Date: 04/28/2015; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Ishee, James, Wilson and Greenlee, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Irving and Griffis, P.JJ., and Barnes, J. Dissenting Opinion: Carlton, J. Votes: Irving and Griffis, P.JJ., and Barnes, J., Join This Opinion.