07/24/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
X  2009-CP-00572-COA

Christopher R. Smith a/k/a Chris Smith/Christopher Anderson a/k/a Christopher Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-031; Ruling Date: 06/25/2009; Ruling Judge: L. Hilburn; Majority Opinion: Russell, J. Disposition: The judgment of the Hinds County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion.

Ramon Korbel Quinn a/k/a Ramon K. Quinn v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CR-056-LE-G; Ruling Date: 09/10/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of three counts of the sale of cocaine and sentences of twenty years in Count I, twenty years in Count II, and ten years in Count III, with five years suspended and five years of post-release supervision, with the sentences in all counts to run consecutively to one another, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Roger Olive v. Robert A. Malouf; Madison Chancery Court; LC Case #: 2007-956-B; Ruling Date: 10/15/2009; Ruling Judge: Cynthia Brewer; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result. Irving, P.J., Not Participating.

Lisa Posey v. Nancy W. Burrow, M.D.; Rankin Circuit Court; LC Case #: 2007-319-C; Ruling Date: 02/14/2011; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result.

L. D. Foxworth v. State of Mississippi; Marion Circuit Court; LC Case #: 2010-0564; Ruling Date: 03/04/2011; Ruling Judge: Anthony Mozingo; Majority Opinion: Roberts, J. Disposition: The judgment of the Marion County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Not Participating.

Jeff Wayne Tucker a/k/a Jeff W. Tucker a/k/a Jeff Tucker v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-005-R-L; Ruling Date: 08/11/2011; Ruling Judge: Paul Funderburk; Majority Opinion: Roberts, J. Disposition: The judgment of the Lee County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Derrick Anthony Arnold a/k/a Derrick Arnold v. State of Mississippi; Scott Circuit Court; LC Case #: 2009-CR-016-SC-G; Ruling Date: 05/12/2011; Ruling Judge: Marcus Gordon; Majority Opinion: Roberts, J. Disposition: The judgment of the Scott County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

James Anthony Swilley a/k/a James Swilley v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0053CR; Ruling Date: 09/19/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Roberts, J. Disposition: The judgment of the Copiah County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Copiah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Latidius Jones a/k/a La Titus Jones a/k/a Latitus Jones v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0232; Ruling Date: 10/06/2010; Ruling Judge: Richard Smith; Majority Opinion: Irving, P.J. Disposition: The judgment of the Washington County Circuit Court of conviction of robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Gregory Fair v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-10-0006-ABS; Ruling Date: 01/20/2010; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Bart Ude v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0185-CR; Ruling Date: 01/25/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Thomas Evans, Jr. v. State of Mississippi; Webster Circuit Court; LC Case #: 2009-21-CR; Ruling Date: 07/01/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Charles P. Rogers, Jr. v. Julianne Rogers; Warren Chancery Court; LC Case #: 2008-330-GN; Ruling Date: 07/06/2010; Ruling Judge: Vicki Barnes; Consolidated with 2010-CA-01657-COA Charles P. Rogers, Jr. v. Julianne Rogers; Warren Chancery Court; LC Case #: 2008-330-GN; Ruling Date: 09/28/2010; Ruling Judge: Vicki Barnes; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Maxwell and Russell, JJ., Concur. Barnes, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., and Fair, J. Dissenting Opinion: Barnes, J. Votes: Griffis, P.J., and Fair, J., Join This Opinion.

Carolyn K. McNeel v. Mississippi Department of Human Services; Winston Circuit Court; LC Case #: 2009-219-CV-L; Ruling Date: 08/08/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied, and our original opinion is withdrawn with this opinion substituted in lieu thereof. The judgment of the Winston County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant.

Carolyn K. McNeel v. Mississippi Department of Human Services; Winston Circuit Court; LC Case #: 2009-219-CV-L; Ruling Date: 08/08/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, C.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 Winston County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur. Fair, J., Not Participating.

Tyrell Williams v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-079-CR2; Ruling Date: 12/07/2010; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Russell, J., would grant. Order entered.

Falesca Montgomery v. Safeco Insurance Company of Illinois; Stone Circuit Court; LC Case #: 2008-0223; Ruling Date: 01/27/2011; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.

Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 06/29/2007; Ruling Judge: Winston Kidd; Consolidated with 2008-CT-00627-COA Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Consolidated with 2009-SA-01630-COA Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Order entered.

City of Bruce v. Borrego Springs Bank, N.A.; Calhoun Circuit Court; LC Case #: CV2009-000026; Ruling Date: 01/21/2011; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

William H. Lamb v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0305-CR1; Ruling Date: 02/28/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Motion to Substitute Counsel is granted in part. The appellant will be allowed to proceed pro se but George T. Holmes and Justin Taylor Cook of the Indigent Appeals Division of the Office of State Public Defender will remain as counsel to the appellant. The brief filed by the appellant will be accepted for filing. The State will have fifteen (15) days from the entry of this order to respond to this brief. Order entered.

Julia Powell a/k/a Julia Ann Powell v. Bennie Jake Evans and Mary Margaret Gregory; Jasper Chancery Court 2nd District; LC Case #: 2008-2003; Ruling Date: 01/13/2011; Ruling Judge: H. Clark, II; Disposition: The Court's own motion for supplemental brief is granted. The parties shall simultaneously file within 30 days of the entry of this order briefs addressing the questions raised. Order entered.

Ray Anthony Chaney v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00153(3); Ruling Date: 05/08/2012; Ruling Judge: Dale Harkey; Disposition: Motion to Consider Requesting Leave to Proceed Informa Pauperis and Renewed Application for Informa Pauperis is held in abeyance pending the receipt of a certified copy of the appellant's federal prison account for the last six (6) months showing all the deposits and withdrawals to the account. This copy shall be provided to the Court within thirty (30) days of the entry of this order. Order entered.