07/21/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2014-KA-00287-COA

Corey Gray v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 212-140; Ruling Date: 02/19/2014; Ruling Judge: Eddie Bowen; Majority Opinion: Carlton, J. Disposition: The judgment of the Jasper County Circuit Court of conviction of grand larceny and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jasper County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

Clay Necaise v. City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: 11-0573; Ruling Date: 04/30/2014; Ruling Judge: Roger Clark; Majority Opinion: Carlton, J. Disposition: The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

William Dewayne Savell a/k/a Dewayne Savell v. State of Mississippi; Neshoba Circuit Court; LC Case #: 14-CV-0177-NS-G; Ruling Date: 08/06/2014; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Neshoba County Circuit Court is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Wilson, J., Not Participating.

Humphreys County Memorial Hospital v. Debra Griffin; Humphreys Circuit Court; LC Case #: 2008-0124; Ruling Date: 01/22/2014; Ruling Judge: Jannie Lewis; Majority Opinion: Ishee, J. Disposition: The judgment of the Humphreys County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only. Irving, P.J., and Wilson, J., Not Participating.

Denise Pratt v. Nanette Nelson; DeSoto Chancery Court; LC Case #: 2011-CV-2236; Ruling Date: 09/05/2013; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of DeSoto County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

Averitt Express, Inc. v. Kevin Collins; LC Case #: 1211108-M-2309-E; Ruling Date: 06/11/2014; Majority Opinion: Barnes, 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., Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. Wilson, J., Not Participating.

Kimberlee Williams v. Liberty Mutual Fire Insurance Company or Liberty Mutual Insurance Group, Inc. and Lindsey Stafford; DeSoto Circuit Court; LC Case #: CV-2012-0343; Ruling Date: 01/10/2014; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed in part, reversed and rendered in part, and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to Liberty Mutual. Votes: Lee, C.J., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Wilson, J., Not Participating.

Scooter L. Robinson a/k/a Scooter Lynn Robinson a/k/a Scooter Robinson v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2014-0069M PC; Ruling Date: 05/27/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Pearl River County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

Tommy Vitela, Sr. a/k/a Tommy Vitela a/k/a Tomas Vitela v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-011(W); Ruling Date: 06/30/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County dismissing the petition for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

David Glen Nunnery and Jene' Nunnery v. Paul Edward Nunnery and Glenda Nunnery Lord, as Co-Executor-Executrix of the Will and Estate of Joseph L. Nunnery, Deceased and Annie Louise Young Nunnery; Pike Chancery Court; LC Case #: 2010-191; Ruling Date: 01/27/2014; Ruling Judge: Debbra Halford; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Pike County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Ishee and Carlton, JJ., Concur. Maxwell, J., Concurs in Part and in the Result With Separate Written Opinion, Joined by Griffis, P.J., Barnes and Fair, JJ. Griffis, P.J., and Fair, J., Concur in Part and in the Result Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion. Wilson, J., Not Participating. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Griffis, P.J., Barnes and Fair, JJ., Join This Opinion.

Camille Seago a/k/a Camille Marie Seago v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2012-326; Ruling Date: 08/23/2013; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied.

Dean C. Boyd a/k/a Dean Boyd v. State of Mississippi; Leake Circuit Court; LC Case #: 13-CV-109-LE-G; Ruling Date: 06/12/2013; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied.

Arthur Edward Mamiaro, Jr. v. Marketa (Blazkova) Mamiaro; DeSoto Chancery Court; LC Case #: 11-08-1555; Ruling Date: 11/08/2013; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Ishee, Maxwell and James, JJ., Concur. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., and Irving, P.J. Wilson, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: Carlton, J. Votes: Lee, C.J., and Irving, P.J., Join This Opinion.

Sanderson Farms, Inc. v. Tanya Jessie; LC Case #: 1010956-K-8381; Ruling Date: 03/06/2014; Disposition: Floyd E. Doolittle's motion for award of attorney's fees for additional services is granted in accord with his contract. Order entered.

Sanderson Farms, Inc. v. Tanya Jessie; LC Case #: 1010956-K-8381; Ruling Date: 03/06/2014; 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 Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. See opinion rendered.

Sanderson Farms, Inc. v. Tanya Jessie; LC Case #: 1010956-K-8381; Ruling Date: 03/06/2014; Majority Opinion: Fair, 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 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, Ishee, Maxwell and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. Wilson, J., Not Participating.

Rickey Gavin a/k/a Ricky Gavin, Jr. a/k/a Ricky J. Gavin, Jr. a/k/a Ricky Gavin a/k/a Rickey Joesph Gavin, Jr. a/k/a Ricky Joseph Gavin, Jr. v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2014-48-CV6; Ruling Date: 09/03/2014; Ruling Judge: Billy Landrum; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jones County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Wilson, J., Not Participating.