07/22/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CA-00099-COA

In the Matter of The Estate of Robert Earl Hathorne, Deceased: Cassie Johnson v. Terry Griffin, Michelle Rogers and Angienette Watts; Jefferson Davis Chancery Court; LC Case #: 03-0123; Ruling Date: 12/20/2006; Ruling Judge: J. Buffington; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Jefferson Davis County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Adrienne Thornton v. Statcare, PLLC; Pike Circuit Court; LC Case #: 05-374-PCS; Ruling Date: 02/07/2007; Ruling Judge: David Strong, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Barnes, J., not participating.

Willie Leech v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-148-CV1; Ruling Date: 03/05/2007; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

John H. McWilliams v. D. Rials McWilliams, by and through His Mother and Natural Guardian, Jane Weathersby, and Frank L. McWilliams; Sunflower Chancery Court; LC Case #: 2005-0302; Ruling Date: 05/17/2007; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Sunflower 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, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Roderick Reed v. State of Mississippi; Tunica Circuit Court; LC Case #: 2006-0027; Ruling Date: 01/12/2007; Ruling Judge: Charles Webster; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of sexual battery and sentence of twenty-five years 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, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Thomas G. Bittick v. Stacy Elizabeth Bittick; Lauderdale Chancery Court; LC Case #: 04-608-S; Ruling Date: 02/12/2007; Ruling Judge: Lawrence Primeaux; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Rena James Lawrence v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0306-CR; Ruling Date: 11/01/2006; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections, with five years of post-release supervision, payment of restitution of $45,632.63 and fine of $1,000, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

James Albert Wiggins v. Billy Ray Perry; Bolivar Chancery Court 2nd District; LC Case #: 2004-0366; Ruling Date: 05/26/2006; Ruling Judge: William Willard, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Bolivar County 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., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Myers, P.J., dissents without separate written opinion.

Jimmy D. Giles v. Kenneth I. Stokes; Hinds Circuit Court 1st District; LC Case #: 251-02-616CIV; Ruling Date: 01/17/2007; Ruling Judge: Winston Kidd; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Robert Patton v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2005-193-CR2; Ruling Date: 06/14/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of bribery of a public official and sentence of five years in the custody of the Mississippi Department of Corrections, with one year to serve and four years suspended, 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, Roberts and Carlton, JJ., concur.

In the Matter of the Estate of Hubert Earl Carson, Deceased, and Lela Irma Carson, Deceased: Carson Family Trust and Edwin Dale Carson v. Hubert Douglas Carson, Executor; Harrison Chancery Court 1st District; LC Case #: C2401-02-02780; Ruling Date: 06/21/2006; Ruling Judge: J. Buffington; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in result only without separate written opinion.

Lakeith Dorsey v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0055; Ruling Date: 03/08/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of armed robbery and sentence of twenty-five years 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, Roberts and Carlton, JJ., concur.

John Henry Adams v. Gloria Gibbs, Director of Records; Sunflower Circuit Court; LC Case #: 2006-0049-M; Ruling Date: 03/01/2007; Ruling Judge: Betty Sanders; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Lou E. Spears v. Mississippi Department of Wildlife, Fisheries and Parks; Pike Circuit Court; LC Case #: 03-072-B; Ruling Date: 01/31/2007; Ruling Judge: David Strong, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Pike County 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, Roberts and Carlton, JJ., concur.

Alston King v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0149; Ruling Date: 02/27/2004; Ruling Judge: Richard Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Sunflower County of conviction of Count I: possession of cocaine with intent to distribute and sentence of a term of thirty years in the custody of the Mississippi Department of Corrections and conviction of Count II: possession of marijuana with intent to distribute and sentence of a term of ten years in the custody of the Mississippi Department of Corrections and fine of $5,000, with the sentences to run consecutively and the execution of the sentence in Count II suspended, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bryant Carter v. State of Mississippi; Pike Circuit Court; LC Case #: 05-421-PKT; Ruling Date: 02/05/2007; Ruling Judge: Michael Taylor; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of sexual battery and sentence of a term of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Duffy Morf, Broker and Karen Preston Morf, Salesperson v. North Central Mississippi Board of Realtors, Inc., Board of Directors; Lafayette Chancery Court; LC Case #: 2006-586; Ruling Date: 04/17/2007; Ruling Judge: Glenn Alderson; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Lafayette County 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 and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

John T. Whitley, Sr. v. City of Pearl, Mississippi; Hayles Towing & Recovery; R & L Towing; Capitol Body Shop; Halls Towing Service, Inc.; Ward 's Wrecker Service; Waste Management, Inc.; Pearl Automotive & Towing; and John Does; Rankin County Court; LC Case #: 2006-465; Ruling Date: 04/04/2007; Ruling Judge: Kent McDaniel; Majority Opinion: Irving, J. Disposition: The judgment of the County Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Lee, P.J., not participating.

Estate of Jakayla McCoy by Erika Jones, Petitioner v. Irvin L. McCoy; Lowndes Chancery Court; LC Case #: 2006-0147; Ruling Date: 05/16/2007; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Lowndes County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only.

Charles Stephen Andrews, II v. Salvador Arceo, M.D. and Karen B. Shackleford, M.D.; Rankin Circuit Court; LC Case #: 2006-184-C; Ruling Date: 04/23/2007; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Joseph Henry v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2006-00309; Ruling Date: 07/05/2007; Ruling Judge: Roger Clark; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Alonzo Derell Blackmore v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0174-CI; Ruling Date: 07/25/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Warren County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Walter Eddie McComb a/k/a Johnny v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2003-00478; Ruling Date: 07/16/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Raymond Maurice Willis, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-720-CR; Ruling Date: 07/25/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Said sentence is to run consecutively to any other sentence imposed by any other jurisdiction. All costs of this appeal are assessed to Forrest County. Votes: Lee, P.J., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. King, C.J., and Irving, J., concur in result only. Roberts, J., concurs in part and in the result.

Christine Barnett a/k/a Christina Barnett v. State of Mississippi; Smith Circuit Court; LC Case #: 2006-33K-B; Ruling Date: 06/29/2007; Ruling Judge: Robert Evans; Majority Opinion: Lee, P.J. Disposition: The judgment of the Smith County Circuit Court of conviction of possession of methamphetamine and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Smith County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Thomas Littleton v. State of Mississippi; Yazoo Circuit Court; LC Case #: 25-9702; Ruling Date: 08/31/2006; Ruling Judge: Mike Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Yazoo County denying post-conviction relief is reversed and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Yazoo County. Votes: Lee and Myers, P.JJ., Chandler, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., concurs in part and in the result without separate written opinion. Irving, J., specially concurs with separate written opinion, joined in part by Roberts, J. Griffis, J., dissents without separate written opinion. Specially Concurring Opinion: Irving, J. Votes: Roberts, J., joins this opinion in part.

Jeffrey Earl Evans a/k/a Mickey v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV06-11(G)I; Ruling Date: 01/26/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Itawamba County denying the motion for post-conviciton relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Daniel Ray Weathers v. Metropolitan Life Insurance Company; Lowndes Circuit Court; LC Case #: 2001-0182-CV1; Ruling Date: 06/14/2007; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

William G. Scott a/k/a William Scott v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-1-149-00 TTG; Ruling Date: 03/31/2005; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Lee, P.J., Roberts and Carlton, JJ., would grant. Order entered.

James R. Williams, III v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-310-00TTG; Ruling Date: 03/18/2005; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

Barry Pope, Individually and as a Shareholder of Worldwide Forest Products, Inc., et al. v. Brian Sorrentino, Dale Hill, Worldwide Forest Products, Inc., Kemper Pressure Treated Forest Products, Inc., Life2K.com, Inc., Algonquin Acquisition Corporation, Generation Acquisition Corporation, SyndicationNet.Com, Inc. and Castle Securities Corporation; Madison Circuit Court; LC Case #: 2001-0267; Ruling Date: 01/06/2005; Ruling Judge: L. Hilburn, ; Disposition: Pursuant to M.R.A.P 40 (c), the Clerk is directed to strike the motion for rehearing, in its entirety, from the record. Order entered.

Armon Andre Randall v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2005-101; Ruling Date: 11/03/2006; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.

David Gene Burnett a/k/a David Gene Burnett v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-737-CR; Ruling Date: 05/25/2006; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Joseph Glenn Jones a/k/a Joseph G. Jones a/k/a Joseph Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2005-149-KR2; Ruling Date: 06/02/2006; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Order entered.

James Michael Pulido a/k/a Michael James Pulido v. City of Oxford, Mississippi; Lafayette Circuit Court; LC Case #: LK-059 MC; Ruling Date: 07/28/2006; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Gigi Kilhullen v. Kansas City Southern Railway and Robert W. Lay; Scott Circuit Court; LC Case #: 2001-CV-0332-SC; Ruling Date: 08/24/2006; Ruling Judge: V. Cotten; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

James Dwight Vickers, Sr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2002-357; Ruling Date: 05/13/2003; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

C.A. and Wanda Cavagnaro v. Coldwell Banker Alfonso Realty, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2005-00211; Ruling Date: 09/26/2006; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Lee, P.J., and Griffis, J., not participating. Order entered.

Wendell Dawson v. Burt Steel, Inc. and B & S Erection, Inc.; Hancock Circuit Court; LC Case #: 97-0341; Ruling Date: 06/06/2006; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion for rehearing is denied. Order entered.

Kenneth Frances Rabalais v. State of Mississippi; Hancock Circuit Court; LC Case #: 8027; Ruling Date: 08/16/2006; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion for rehearing is denied. Order entered.

Michael Trice v. State of Mississippi; Lee Circuit Court; LC Case #: CV06-217(G)L; Ruling Date: 12/15/2006; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Order entered.

Charles P. Baker v. IGA Super Valu Food Store and Mississippi Insurance Guaranty Association; Warren Circuit Court; LC Case #: 06,0156-CI; Ruling Date: 02/13/2007; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

Nhan Neill v. Waterway Inc./Team America and Legion Insurance Company Successor Tennessee Insurance Guaranty Fund; Tishomingo Circuit Court; LC Case #: CV06-0129GT; Ruling Date: 01/31/2007; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Order entered.

James Odell McLamb v. State of Mississippi; Rankin Circuit Court; LC Case #: 2006-305-R; Ruling Date: 11/15/2006; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.

Hospital Housekeeping Systems, Inc. and Clarendon National Insurance Company v. Mary Woods Townsend; Lauderdale Circuit Court; LC Case #: 06-CV-101(W); Ruling Date: 03/06/2007; Ruling Judge: Robert Bailey; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lauderdale County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Irving, J., dissents without separate written opinion. King, C.J., not participating.

Johnny Ray Davis v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2005-67-KR2; Ruling Date: 03/29/2007; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Order entered.

Victor Lowell Fryou v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-06-00017; Ruling Date: 02/08/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Order entered.

Jake Statham v. Eric Miller; Oktibbeha Circuit Court; LC Case #: 2005-0067-CV; Ruling Date: 04/17/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing the appeal is reversed and remanded for further proceedings. All costs of the appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only. Carlton, J., not participating.

Mary Ellen Bouldin v. Mississippi Department of Health; Tallahatchie Circuit Court 2nd District; LC Case #: CV2007-0002LT2; Ruling Date: 04/11/2007; Ruling Judge: Ann Lamar; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Tallahatchie County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Griffis and Carlton, JJ., concur. Chandler, J., concurs in part and in the result with separate written opinion joined by Roberts, J. Lee, P.J., dissents with separate written opinion joined by Irving, J. Barnes, J., not participating. Concurring in Part and in the Result Opinion: Chandler, J. Votes: Roberts, J., joins this opinion. Dissenting Opinion: Lee, P.J. Votes: Irving, J., joins this opinion.