07/20/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2007-CP-00725-COA

Richard Chapman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: T-94,T-95; Ruling Date: 10/05/2007; Ruling Judge: W. Yerger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Geraldstine Miller, et al. v. Continental Mineral Processing, Engelhard Corporation, and Mearl Corporation; Copiah Circuit Court; LC Case #: 2002-0680; Ruling Date: 11/24/2008; Ruling Judge: Lamar Pickard; Majority Opinion: Maxwell, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

George Nevels v. Mississippi Department of Employment Security; Leflore Circuit Court; LC Case #: 2008-0138-CICI; Ruling Date: 02/05/2009; Ruling Judge: W. Hines; Majority Opinion: Ishee, J. Disposition: The judgment of the Leflore County Circuit Court is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Stroud Construction, Inc. v. Bill Walsh and Cindy Walsh; Madison Circuit Court; LC Case #: 2008-0095-C; Ruling Date: 04/09/2009; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Cody Banton v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: 2008-140-M-P2; Ruling Date: 05/29/2009; Ruling Judge: James McClure, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Panola 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 Panola County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Roberts and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result. Carlton, J., not participating.

Esther Roberts v. The Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-370; Ruling Date: 11/21/2008; Ruling Judge: William Coleman; 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Valerie Jackson-Miller v. State Farm Insurance Company; Rankin Circuit Court; LC Case #: 2008-196; Ruling Date: 04/13/2009; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result. Irving, J., concurs in result only. Griffis, J., not participating.

William T. White v. Mississippi Department of Human Services; Pike Chancery Court; LC Case #: 2004-61; Ruling Date: 03/23/2009; Ruling Judge: Debbra Halford; Majority Opinion: Barnes, J. Disposition: The judgment of the Pike County Chancery Court is affirmed. All costs of the appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jermorris Pilcher v. State of Mississippi; Leflore Circuit Court; LC Case #: 2007-0087; Ruling Date: 04/04/2008; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Leflore 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 the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Brian Robison, Lisa Robison and Tess Robison v. Enterprise Leasing Company - South Central, Inc.; Lee Circuit Court; LC Case #: CV07-022(F)L; Ruling Date: 02/04/2009; Ruling Judge: Paul Funderburk; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in result only without separate written opinion. Griffis, J., dissents with separate written opinion. Carlton, J., not participating. Dissenting Opinion: Griffis, J.

Leonard Dougalewicz v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-738; Ruling Date: 03/08/2006; Ruling Judge: Winston Kidd; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of murder and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Scott Delk v. Karen Delk; Harrison Chancery Court 2nd District; LC Case #: C2402-05-00418(4); Ruling Date: 02/05/2009; Ruling Judge: Carter Bise; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Griffis, J., concurs in result only.

Wilfredo Figueroa and Myrna Figueroa v. F. Steven Orleans, M.D., Frank G. Martin, M.D., Regional Digestive Specialists, P.C., and The Surgical Clinic of Biloxi, P.A.; Harrison Circuit Court 2nd District; LC Case #: A2402-00-00144; Ruling Date: 02/03/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Joseph F. Tatum, III v. Lauren D. Tatum; Lamar Chancery Court; LC Case #: 2007-0394-GN-W; Ruling Date: 10/01/2008; Ruling Judge: Johnny Williams; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Robert E. Hicks v. State of Mississippi; Tate Circuit Court; LC Case #: CV2008-0527BT; Ruling Date: 05/27/2009; Ruling Judge: Andrew Baker; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Tate County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Albert Lee Thomas, Jr. a/k/a Boo a/k/a Al Thomas a/k/a Albert Brown Thomas a/k/a Albert Lee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-029; Ruling Date: 12/01/2004; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Wanda Leona Blakeney v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-261-KR2B; Ruling Date: 12/20/2007; Ruling Judge: Billy Landrum; Majority Opinion: Barnes, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Circuit Court of Jones County of conviction of two counts of murder and sentences of two consecutive life terms in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Roberts and Maxwell, JJ., concur. Ishee and Carlton, JJ., not participating.

Sarah B. Hicks, L.T. Hicks, Martha Jo Hale, William M. Evans and Ray D. Spencer v. North American Company for Life and Health Insurance and Cliff N. Hancock d/b/a Hancock Insurance Agency; Benton Circuit Court; LC Case #: B2004-066; Ruling Date: 07/03/2008; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Barnes, Carlton and Maxwell, JJ., not participating. Order entered.

International Staff Management and Legion Insurance Company v. Takisha Stephenson; DeSoto Circuit Court; LC Case #: 2007-0247; Ruling Date: 08/25/2008; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Toby Lee Henry v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0638-CR1; Ruling Date: 08/28/2008; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

Bryan Kent Hawkins v. Suzanne A. Hawkins; Lamar Chancery Court; LC Case #: 12,433-T; Ruling Date: 09/30/2008; Ruling Judge: Sebe Dale, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Shawn Lee Duncan and April Marie Duncan, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Arthur Eugene Duncan, Deceased v. Satish Verma, M.D.; DeSoto Circuit Court; LC Case #: CV2001-01-70; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Paula Denham and Pamela Caldwell v. Adam Holmes, a Minor By and Through Donnie Holmes, His Father & Natural Guardian; Lafayette Circuit Court; LC Case #: L04-351; Ruling Date: 07/28/2008; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Michael Phillips v. Sarah Phillips; Jones Chancery Court 2nd District; LC Case #: 2007-0017; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

J. Clifford Harrison as Trustee ("Harrison") and Regions Bank f/k/a AmSouth Bank and Successor in Interest to Deposit Guaranty National Bank ("Bank") v. Mississippi Transportation Commission; Webster Special Court of Eminent Domain; LC Case #: 98-0058-CV-L; Ruling Date: 06/23/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. King, C.J., Lee, P.J., and Roberts, J., would grant. Carlton, J., not participating. Order entered.

Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-183-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2009-KM-00238-COA Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-177-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-177-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2009-KM-00237-COA Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-183-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Alonzo Smith v. Johnston Tombigbee Furniture Manufacturing Company and Bridgefield Casualty Insurance Company; Lowndes Circuit Court; LC Case #: 2008-0122-CV1; Ruling Date: 02/20/2009; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Barnes and Carlton, JJ., not participating. Order entered.

Sammie Johnson a/k/a Sammie Lee Johnson v. State of Mississippi; Marshall Circuit Court; LC Case #: M2003-540; Ruling Date: 02/27/2009; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

The Green Acres Trust v. Dan Wells and Ann Wells; Oktibbeha Chancery Court; LC Case #: 08-0030; Ruling Date: 03/04/2009; Ruling Judge: Kenneth Burns; Majority Opinion: Lee, P.J. Disposition: The judgment of the Oktibbeha County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Barnes and Ishee, JJ., concur. Griffis, J., dissents with separate written opinion joined by Roberts, Carlton and Maxwell, JJ. Dissenting Opinion: Griffis, J. Votes: Roberts, Carlton and Maxwell, JJ., join this opinion.

Tadarryl Rew v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 435-08; Ruling Date: 04/08/2009; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of Count I, burglary of a dwelling, and sentence of ten years; Count II, kidnaping, and sentence of ten years; Count III, kidnaping, and sentence of ten years; and Count IV, felon in possession of a firearm, and sentence of one year, all as a habitual offender in the custody of the Mississippi Department of Corrections, with the sentence for Count III, kidnaping, to run concurrently with the sentence for Count II, kidnaping, and consecutively with all other sentences, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Carlton and Maxwell, JJ., concur. Roberts, J., specially concurs with separate written opinion joined by Griffis and Maxwell, JJ. Specially Concurring Opinion: Roberts, J. Votes: Griffis and Maxwell, JJ., join this opinion.

Reginald Shelton v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0554; Ruling Date: 02/23/2009; Ruling Judge: William Chapman, III; Consolidated with 2009-KA-00695-COA Calvin P. Shelton v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0555; Ruling Date: 02/23/2009; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Calvin P. Shelton v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0555; Ruling Date: 02/23/2009; Ruling Judge: William Chapman, III; Consolidated with 2009-KA-00694-COA Reginald Shelton v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0554; Ruling Date: 02/23/2009; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.