07/22/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2013-CP-00289-COA

James Magee a/k/a James D. Magee v. State of Mississippi; Walthall Circuit Court; LC Case #: 2010-92-T; Ruling Date: 03/01/2013; Ruling Judge: Michael Taylor; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Walthall County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Walthall County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion.

In the Matter of the Last Will and Testament of Mabel Claire Hardin, Deceased: Rainbow Ranch, Inc. v. John Mike Hardin; Calhoun Chancery Court; LC Case #: 2007-105A; Ruling Date: 05/16/2012; Ruling Judge: Glenn Alderson; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Calhoun County is affirmed on appeal and reversed and remanded on cross-appeal. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Daniel Wayne Byers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-12-146; Ruling Date: 02/07/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of two counts of felony child abuse and sentences of forty years on each count, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Concurs in Part and in the Result.

Jason A. Pruitt v. Lisa S. Pruitt; Lowndes Chancery Court; LC Case #: 2009-0148-D; Ruling Date: 12/20/2012; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed in part and reversed in part, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Albert L. Brisco, Jr. a/k/a Albert Brisco a/k/a Albert Louis Brisco, Jr., a/k/a Albert Brisco, Jr., v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0194CRP; Ruling Date: 04/12/2013; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Warren County Circuit Court of conviction of culpable-negligence manslaughter and sentence of twenty years, with seventeen years to serve in the custody of the Mississippi Department of Corrections and three years of post-release supervision, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Patrick O'Neal Savontrell Montgomery, a Minor, by and through Patrick Townsend, Father and Next Friend v. Mississippi Baptist Health Systems, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-19CIV; Ruling Date: 07/19/2012; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

Tonya Wallace v. Greenville Public School District ; Washington Circuit Court; LC Case #: 2009-0241-CI; Ruling Date: 10/19/2012; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied.

James Loftin v. Jefferson Davis County School District; Jefferson Davis Chancery Court; LC Case #: 12-0094; Ruling Date: 06/19/2012; Ruling Judge: Joe Walker; Disposition: The motion for rehearing is denied. Irving, P.J., and Carlton, J., would grant.

Michael Deon Taylor a/k/a Michael D. Taylor a/k/a Michael Taylor v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0007; Ruling Date: 09/21/2012; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Circuit Court of conviction of receiving stolen property and sentence, as a habitual offender, of ten years 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: Griffis, P.J., Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Ishee, J.; James, J., Joins In Part. James, J., Dissents Without Separate Written Opinion. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., and Ishee, J., Join This Opinion. James, J., Joins This Opinion in Part.

Health Care Medical, Inc. and Valerie Harden Tolley v. Christy Good; Madison Circuit Court; LC Case #: CI-2006-0182R; Ruling Date: 03/12/2013; Ruling Judge: John Emfinger; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Charles Parker a/k/a Charles Craig Parker v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-0914; Ruling Date: 08/14/2013; Ruling Judge: Lisa Dodson; Disposition: Appellant Charles Parker's appeal is dismissed for lack of an appealable judgment. All costs of this appeal are assessed to Harrison County. Order entered.

Calvin E. Robinson v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-0342; Ruling Date: 02/05/2014; Ruling Judge: John Emfinger; Disposition: Appellant Calvin E. Robinson's motion to dismiss appeal is granted. The appeal is dismissed pursuant to Mississippi Rule of Appellate Procedure 42(b). All costs are assessed to Madison County. Order entered.