07/23/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2012-CA-00062-COA

Tony Stathos and Mary Stathos v. Lee County Rentals, LLC; Rankin Circuit Court; LC Case #: 2011-35; Ruling Date: 11/01/2011; Ruling Judge: William Chapman, III; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Al Carter v. The Cleveland School District; Bolivar Chancery Court 2nd District; LC Case #: 2010-0313; Ruling Date: 03/01/2012; Ruling Judge: Watosa Sanders; Majority Opinion: Carlton, J. Disposition: The judgment of the Bolivar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Dave Little, Tabitha Little, and Marie Little v. Richard Norman, Jane Norman, and Mississippi Department of Human Services; Franklin Chancery Court; LC Case #: 2006-98; Ruling Date: 08/03/2011; Ruling Judge: William Lutz; Majority Opinion: Roberts, J. Disposition: The judgment of the Franklin County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion.

Tommy James Fay a/k/a Tommy Jay Fay a/k/a Tommy Fay v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-134-CR; Ruling Date: 12/15/2011; Ruling Judge: Robert Helfrich; Majority Opinion: Roberts, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of possession of between .1 gram and two grams of a controlled substance and sentence of eight years in the custody of the Mississippi Department of Corrections, with two years suspended and six years to serve, followed by two years of post-release supervision, and a $2,500 fine is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Result Only With Separate Written Opinion, Joined In Part by James, J. Concur in Result Only Opinion: Carlton, J. Votes: James, J., Joins This Opinion in Part.

Brandy Denise Denmark (Powe) v. Jasen Bryant Denmark; Greene Chancery Court; LC Case #: 2003-0064-JB; Ruling Date: 07/08/2011; Ruling Judge: Jaye Bradley; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Greene County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Harrison Banks v. Brandon Lockhart; Lafayette Circuit Court; LC Case #: L09-594; Ruling Date: 01/10/2012; Ruling Judge: Andrew Howorth; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Donnie Ray Tucker a/k/a Donnie Ray Sumrall a/k/a Donnie Tucker a/k/a Donnie R. Tucker v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2011-0455; Ruling Date: 06/11/2012; Ruling Judge: Betty Sanders; Majority Opinion: Griffis, P.J. Disposition: This appeal is dismissed as moot. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Robert Chapman a/k/a Robert E. Chapman a/k/a "Rob" v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2007-0312CD2; Ruling Date: 10/27/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, P.J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count I, conspiracy to commit armed robbery, and sentence as a habitual offender of life; and Count II, armed robbery, and sentence as a habitual offender of life, with the sentence in Count II to run concurrently with the sentence in Count I, all 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 DeSoto County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Telecom Tower Group, LLC v. Honeysuckle Creek Holdings, Inc.; Hinds Chancery Court 2nd District; LC Case #: G-2008-8-T/I; Ruling Date: 02/28/2012; Ruling Judge: J. Thomas; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Not Participating.

John W. Barrett a/k/a John William Barrett v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-023 (W); Ruling Date: 07/24/2012; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County denying the motion for post-conviction relief is vacated, and this appeal is dismissed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Not Participating.

Elroy Kennedy a/k/a Elory Kennedy v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2012-021-CV-L; Ruling Date: 07/03/2012; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Choctaw County Circuit Court denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers Sr. a/k/a Edward Dwanye Flowers Sr. a/k/a Edward Flowers v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0051-CI; Ruling Date: 06/20/2012; Ruling Judge: W. Hines; Majority Opinion: Lee, C.J. Disposition: The judgment of the Washington County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jimmy Harris v. Mississippi Parole Board; Rankin Circuit Court; LC Case #: 2012-103E; Ruling Date: 07/20/2012; Ruling Judge: John Emfinger; Majority Opinion: Lee, C.J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Tashfeen A. Solangi v. Kacey Croney; Pearl River Chancery Court; LC Case #: 09-0133-GN-W; Ruling Date: 11/18/2010; Ruling Judge: Johnny Williams; Disposition: The motion for rehearing is denied.

Diana Lynn Carter Larson v. Mark Alan Larson; Panola Chancery Court 2nd District; LC Case #: B-08-09-0438; Ruling Date: 01/03/2011; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant. James, J., not participating.

Samuel Williams and Carolyn Williams v. Homecomings Financial Network, Inc.; Madison Chancery Court; LC Case #: 2008-472; Ruling Date: 02/09/2011; Ruling Judge: Janace Goree; Disposition: The motion for rehearing is denied, and our original opinion is withdrawn with this opinion substituted in lieu thereof. The judgment of the Madison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. See opinion rendered.

Samuel Williams and Carolyn Williams v. Homecomings Financial Network, Inc.; Madison Chancery Court; LC Case #: 2008-472; Ruling Date: 02/09/2011; Ruling Judge: Janace Goree; Majority Opinion: Carlton, J. Disposition: The motion for rehearing is denied, and our original opinion is withdrawn with this opinion substituted in lieu thereof. The judgment of the Madison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Griffis, P.J., Concurs in Part and in the Result. James, J., Not Participating.

Donald R. Brewer v. Penny Mathis Holliday; Monroe Chancery Court; LC Case #: CV2005-185-48-L; Ruling Date: 06/22/2011; Ruling Judge: Talmadge Littlejohn; Disposition: The motion for rehearing is denied. James, J., not participating.

Charles L. Sampson v. State of Mississippi ; Bolivar Circuit Court 2nd District; LC Case #: 2003-0021-CR2; Ruling Date: 08/02/2011; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied.

William C. Jackson a/k/a William Christopher Jackson v. State of Mississippi; Clarke Circuit Court; LC Case #: 2011-62; Ruling Date: 11/16/2011; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied.

Donald E. Smith v. State of Mississippi; Forrest Circuit Court; LC Case #: CI11-0085; Ruling Date: 12/01/2011; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

J. C. Higginbotham v. State of Mississippi; Winston Circuit Court; LC Case #: 2011-239-CV; Ruling Date: 01/10/2012; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. James, J., would grant.