07/26/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-CA-00495-COA

Pearson's Fireworks, Inc. v. City of Hattiesburg, Mississippi; Lamar Circuit Court; LC Case #: 2008-299; Ruling Date: 01/04/2010; Ruling Judge: Prentiss Harrell; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Russell, JJ., concur. Carlton, J., concurs in result only without separate written opinion.

Augusta McKenzie v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2009-0034-M; Ruling Date: 03/25/2010; Ruling Judge: Betty Sanders; Majority Opinion: Maxwell, J. Disposition: The judgment of the Sunflower County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Irving, P.J., concurs in part and in the result.

Lisa Chambers v. Robert K. Brown; Grenada Circuit Court; LC Case #: 2006-268CVM; Ruling Date: 03/23/2010; Ruling Judge: C. Morgan, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Grenada County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Joseph R. Triste v. State of Mississippi; Itawamba Circuit Court; LC Case #: 2010-012-RI; Ruling Date: 03/09/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Itawamba County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Donald McKeown, Individually and as Personal Representative of the Decedent, Janice McKeown, for and on Behalf of all Wrongful Death Beneficiaries and as Administrator of the Estate of Janice McKeown, Deceased v. Robert V. Pitcock, M.D.; Union Circuit Court; LC Case #: U-2005-302; Ruling Date: 03/24/2010; Ruling Judge: Robert Elliott; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Union County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts and Russell, JJ., concur. Maxwell, J., specially concurs with separate written opinion joined by Roberts and Russell, JJ. Barnes, J., not participating. Specially Concurring Opinion: Maxwell, J. Votes: Roberts and Russell, JJ., join this opinion.

GGNSC Tylertown, LLC d/b/a Golden Living Center-Tylertown v. Virgie Dillon, by and Through Her Next Friend, Arverta Hargrove; Walthall Circuit Court; LC Case #: 2009-198S; Ruling Date: 03/09/2010; Ruling Judge: David Strong, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Walthall County Circuit Court is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed equally between the appellant and appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur.

James Whatley v. Dale Caskey, B. Grimes, Felix Harris and Joyce Graham; Lauderdale Circuit Court; LC Case #: 10-CV-045(W); Ruling Date: 07/20/2010; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur.

Helen Powels, Administratrix of the Estate of Kathryn M. Rich, Deceased v. Betty T. Iles, as Executrix of the Estate of Jerry W. Iles, M.D.; Adams Circuit Court; LC Case #: 6385; Ruling Date: 01/28/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Adams County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Russell, J., not participating.

In The Estate of George W. Mace, Deceased: Patty M. Mace Stewart and Lynette Winston O'Neal v. Patricia Hayes Gardner; Hinds Chancery Court 2nd District; LC Case #: P2009-21; Ruling Date: 05/19/2010; Ruling Judge: J. Thomas; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Myers, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only. Irving, P.J., and Barnes, J., concur in part and in the result. Russell, J., not participating.

Joshua Moore v. State of Mississippi; Marion Circuit Court; LC Case #: K08-0036H; Ruling Date: 11/12/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of Count I, conspiracy to commit armed robbery, and sentence of five years; Counts II, III, IV, V, VI, and VII, armed robbery, and sentence of twenty years for each count; and Count VIII, manslaughter, and sentence of twenty years, with the sentences in Counts I, II and VIII to run consecutively, and with the sentences in Counts III, IV, V, VI, and VII to run concurrently with Count II, all in the custody of the Mississippi Department of Corrections, and to pay a $1,000 fine, his part of $6,725 in restitution, and his part of a $4,500 fee to the Mississippi Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., concurs in part and in the result.

Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 07/15/2010; Ruling Judge: William Chapman, III; Consolidated with 2007-WC-01783-COA Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 09/14/2007; Ruling Judge: William Chapman, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Irving, P.J., and Maxwell, J., not participating.

Letarius Crawford a/k/a Letarus Crawford a/k/a Latarus Crawford v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-0474; Ruling Date: 10/07/2009; Ruling Judge: W. Hines; Majority Opinion: Irving, P.J. Disposition: The judgment of the Washington County Circuit Court of conviction of Count I, murder, and sentence of life, and Count II, aggravated assault, and sentence of twenty years to run consecutively to the sentence in Count I, all 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., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

In the Matter of the Estate of James Z. Boggan, Deceased: William James Scott Murphy v. Stephenie Velma Baggett; Lamar Chancery Court; LC Case #: 2008-0102-PR-TH; Ruling Date: 02/01/2010; Ruling Judge: James Thomas, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lamar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Nicholas Grissom v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2010-0023; Ruling Date: 05/07/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Noxubee County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Noxubee County. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Melvin Martin v. State of Mississippi; Marshall Circuit Court; LC Case #: CV2010-408; Ruling Date: 06/22/2010; Ruling Judge: Henry Lackey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Marshall County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: Griffis, P.J., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., and Roberts, J., concur in result only without separate written opinion.