07/21/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-KA-02256-COA

Lonzie Earl Nichols v. State of Mississippi; Clay Circuit Court; LC Case #: 8829; Ruling Date: 10/11/2007; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Clay 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 the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result.

April Faerber v. Robert Edward Faerber; Lauderdale Chancery Court; LC Case #: 05-244-P; Ruling Date: 01/14/2008; Ruling Judge: Lawrence Primeaux; Majority Opinion: Carlton, J. Disposition: The judgment of the Lauderdale County Chancery Court is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in result only without separate written opinion. Myers, P.J., dissents without separate written opinion. Griffis, J., not participating.

John G. Argo, IV v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2005-805-CD; Ruling Date: 10/23/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Roberts, J. Disposition: The judgment of the Desoto County Circuit Court of conviction of fourteen counts of child exploitation and sentence of fifteen years for each count in the custody of the Mississippi Department of Corrections, with the sentences to run concurrently followed by five years of post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Carlton and Maxwell, JJ., concur. Barnes, J., not participating.

David M. Cox, Inc. v. Rembert W. Pitts, Phyllis Pitts, Individually and as Guardians of Jason Pitts; Lamar Chancery Court; LC Case #: 2004-0336-GN-D; Ruling Date: 02/27/2008; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Lamar County Chancery 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, Ishee, Carlton and Maxwell, JJ., concur.

Willie Earl Gray a/k/a Joe Collier v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-838-CIV; Ruling Date: 10/12/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction collateral relief 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 Carlton, JJ., concur. Maxwell, J., not participating.

Rhonda Renea Simmons v. State of Mississippi; Tippah Circuit Court; LC Case #: TK-06-067; Ruling Date: 12/17/2007; Ruling Judge: Henry Lackey; Majority Opinion: Irving, J. Disposition: The judgment of the Tippah County Circuit Court of conviction of the sale of cocaine and sentence of twenty-five years, with five years suspended, 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 the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

John Hulsman and Donna Hulsman v. Behavioral Health Systems, Inc. and Blue Cross & Blue Shield of Alabama; Rankin Circuit Court; LC Case #: CV-2007-160; Ruling Date: 03/20/2008; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Randall "Red" Pittman v. State of Mississippi; Perry Circuit Court; LC Case #: 5331; Ruling Date: 12/11/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Perry County of conviction of two counts of murder and sentence of life for each count, with sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Perry County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Kenneth Hill and Teresa Hill v. Wayne E. Johnson and Molly N. Johnson; Chickasaw Chancery Court 1st District; LC Case #: 2007-0013-1C; Ruling Date: 03/26/2008; Ruling Judge: Dorothy Colom; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chickasaw County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

George W. Martin v. State of Mississippi; Tate Circuit Court; LC Case #: CV2008-0150BT; Ruling Date: 04/07/2008; Ruling Judge: Andrew Baker; Majority Opinion: Myers, P.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 the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Arletha Nelson, Mack Arthur Gandy and Bobby Joe Gandy v. Armatha Bonner, Johnnie M. Bonner Simmons, Bennie L. Bonner, Dollie M. Bonner Simpson, Jimmy L. Bonner, Yvonne Bonner, Levoner Bonner, Yonia Bonner, Leon Bonner, Lonnie Bonner, Levester Bonner, Juanita Bonner Jones and Drucilla Bonner; Wayne Chancery Court; LC Case #: 96-0514; Ruling Date: 04/25/2007; Ruling Judge: J. Buffington; Majority Opinion: Lee, P.J. Disposition: The judgment of the Wayne County Chancery Court is affirmed on direct appeal and reversed and rendered on cross-appeal. All costs of this appeal are divided equally between the appellants/cross-appellees and appellees/cross-appellants. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

United Plumbing & Heating Company, Inc., Price's Glass & Mirror Co., Inc., James Thomas d/b/a T's Tile, Carr Plumbing Supply, Inc., Ricky Jackson d/b/a Jackson Sheet Metal & Welding, Tommy Meadows d/b/a F&M Construction, Precision Ceiling, LLC and Ronnie Deforest v. AmSouth Bank, Sometimes Identified as Regions Bank as Successor from the Merger with AmSouth Bank f/k/a Deposit Guaranty National Bank; Hinds Circuit Court 2nd District; LC Case #: 2005-31; Ruling Date: 09/14/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Lee, P.J. Disposition: The judgment of the Hinds 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 and Roberts, JJ., concur. Carlton and Maxwell, JJ., not participating.

John Christopher Blakeney a/k/a John Christopher Paul Blakeney a/k/a Chris Blakeney v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-261-KR2A; Ruling Date: 10/05/2007; Ruling Judge: Billy Landrum; Majority Opinion: Lee, P.J. Disposition: The judgment of the Jones 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 Jones County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Ishee, J., not participating.

Terrance Watkins v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-032-CR2; Ruling Date: 11/30/2007; Ruling Judge: Charles Webster; Majority Opinion: Lee, P.J. Disposition: The judgment of the Bolivar County Circuit Court 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 with the sentence to run consecutively to any and all sentences previously imposed is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

In The Matter of The Estate of Barbara A. Parker, Deceased: Edward Bourgeois, Jr. v. Estate of Barbara Parker and Barbara Sloane Rotolo, Administratrix; Pearl River Chancery Court; LC Case #: 06-0013-PR-W; Ruling Date: 03/26/2008; Ruling Judge: Johnny Williams; Majority Opinion: Lee, P.J. Disposition: The judgment of the Pearl River County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Brooks Barnes v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0170-CVC; Ruling Date: 04/29/2008; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dajuan Williams v. Town of Flora; Madison Circuit Court; LC Case #: 2007-0371-C; Ruling Date: 05/27/2008; Ruling Judge: William Chapman, III; Majority Opinion: Lee, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

William S. Harris v. Tom Griffith Water Well & Conductor Service, Inc.; Marion Chancery Court; LC Case #: 2002-0177-G-T; Ruling Date: 04/11/2007; Ruling Judge: James Thomas, Jr.; Disposition: The motion for rehearing is denied. Carlton and Maxwell, JJ., not participating. Order entered.

Rickie Shies v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0068CVI; Ruling Date: 05/25/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Gulf South Pipeline Company, LP v. Blanche Marie Downey Pitre; Warren Special Court of Eminent Domain; LC Case #: 06,0689-CO; Ruling Date: 06/26/2007; Ruling Judge: John Price, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

William Presley Brown, II v. State of Mississippi; Warren Circuit Court; LC Case #: 06-0122CRP; Ruling Date: 06/08/2007; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Herman Prather v. State of Mississippi; Tippah Circuit Court; LC Case #: T06-244; Ruling Date: 01/17/2007; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Terry F. Swiderski v. Cyprianna Ellen (Hormanski) Swiderski; Oktibbeha Chancery Court; LC Case #: 06-0252-B; Ruling Date: 08/01/2007; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Order entered.

Sparky Darnez Watson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2004-275CR; Ruling Date: 08/14/2007; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Richard A. Simoneaux v. State of Mississippi; Pike Circuit Court; LC Case #: 2007-166-PCS; Ruling Date: 08/29/2007; Ruling Judge: David Strong, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Pike County denying the petition for post-conviction relief is affirmed as modified. All costs of this appeal are assessed to Pike County. Votes: Lee and Myers, P.JJ., and Ishee, J., concur. Irving, J., specially concurs with separate written opinion. Roberts, J., dissents with separate written opinion joined by King, C.J., Griffis and Barnes, JJ., and joined in result only by Carlton, J. Specially Concurring Opinion: Irving, J. Dissenting Opinion: Roberts, J. Votes: King, C.J., Griffis and Barnes, JJ., join this opinion. Carlton, J., joins this opinion in result only.

Johnny Robert Babb v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 06-5-032; Ruling Date: 09/24/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Johnny Bennett a/k/a Johnny Renardo Bennett v. State of Mississippi; Wayne Circuit Court; LC Case #: 07-149-K; Ruling Date: 01/23/2008; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Tony B. Sessums v. Tammy Vance a/k/a Tammy V. Sessums; Newton Chancery Court; LC Case #: 2005-0186; Ruling Date: 12/26/2007; Ruling Judge: H. Clark, II; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Mississippi Department of Employment Security v. Raymond Clark; Leake Circuit Court; LC Case #: 07-CV-353-LE-G; Ruling Date: 03/03/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Leake County is reversed and rendered reinstating the decision of the Mississippi Department of Employment Security. Votes: Lee, P.J., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion. King, C.J., dissents with separate written opinion joined by Myers, P.J. Dissenting Opinion: King, C.J. Votes: Myers, P.J., joins this opinion.

William Patrick Daley v. Charlotte Carlton; Madison Chancery Court; LC Case #: 2004-0098; Ruling Date: 03/03/2008; Ruling Judge: Cynthia Brewer; Disposition: The motion for rehearing is denied. Order entered.

Judy White v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2008-0099CI; Ruling Date: 07/10/2008; Ruling Judge: Richard Smith; Majority Opinion: Lee, P.J. Disposition: The judgment of the Sunflower County Circuit Court is reversed and this case is remanded to the Mississippi Workers' Compensation Commission for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Ishee, J. Dissenting Opinion: Carlton, J. Votes: Ishee, J., joins this opinion.