07/26/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2014-KA-00937-COA

Jordy Devonte Johnson a/k/a Jordy Johnson a/k/a Jordy D. Johnson a/k/a Jordy De' Vonte Johnson v. State of Mississippi; Sharkey Circuit Court; LC Case #: 3291 CRC; Ruling Date: 05/07/2014; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Sharkey County Circuit Court of conviction of statutory rape and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with twenty years to serve, five years suspended, and five years of postrelease supervision, and to register as a sex offender upon release from incarceration, is affirmed. All costs of this appeal are assessed to Sharkey County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

Monica Harris v. The Town of Woodville; Wilkinson Circuit Court; LC Case #: 2012-0115; Ruling Date: 07/09/2014; Ruling Judge: L. Hilburn; Majority Opinion: Carlton, J. Disposition: The judgment of the Wilkinson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Fair and Greenlee, JJ., Concur. Griffis, P.J., and Wilson, J., Concur in Result Only Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., not participating.

David E. Lyons a/k/a David Earl Lyons a/k/a David Lyons a/k/a "Fox" v. State of Mississippi; Monroe Circuit Court; LC Case #: CR12-092; Ruling Date: 06/03/2014; Ruling Judge: James Pounds; Majority Opinion: Ishee, J. Disposition: The judgment of the Monroe County Circuit Court of conviction of driving under the influence, third offense, and sentence as a habitual offender of five years, to be served day-to-day in the custody of the Mississippi Department of Corrections, and to pay a fine of $2,000, is affirmed. All costs of this appeal are assessed to Monroe County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Tony Harris v. Michelle Porter; Bolivar Chancery Court 2nd District; LC Case #: W-98-007; Ruling Date: 05/30/2014; Ruling Judge: Catherine Farris-Carter; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Chancery Court, Second Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Ioc-Lula, Inc. v. Reuben Smartt; Coahoma Circuit Court; LC Case #: 14-CI-11-0050; Ruling Date: 04/02/2014; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Coahoma County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Fair, James, Wilson and Greenlee, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Malcolm Jamal Husband a/k/a Malcolm Husband a/k/a Jamal Husband v. State of Mississippi; Marion Circuit Court; LC Case #: K14-0031H; Ruling Date: 02/04/2015; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Marion County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion.

Matthew Ladner v. Zachry Construction and Zurich American Insurance Company; LC Case #: 09 07782-K-3592-C; Ruling Date: 06/24/2015; Ruling Judge: Melba Dixon; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Jamie Danielle Carpenter a/k/a Jamie Carpenter v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-00259; Ruling Date: 05/24/2012; Ruling Judge: Roger Clark; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Harrison County, First Judicial District, of conviction of felony child abuse and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Natyyo Gray a/k/a Natyyo N. Gray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-202crW; Ruling Date: 02/28/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Carol Gray v. Eric Graham, M.D. and Michelle Graham, N.P.; Harrison Circuit Court 1st District; LC Case #: A2401-11-00126; Ruling Date: 12/18/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motions for rehearing are denied. Griffis, P.J., would grant. Greenlee, J., not participating.

Marshall Brian Chandler a/k/a Marshall Chandler a/k/a Marshall B. Chandler v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2013-0280-JE; Ruling Date: 09/16/2014; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Ronnie Robertson and Diane Robertson v. Jean A. Catalanotto and Jody M. Catalanotto; Forrest Chancery Court; LC Case #: 11-0305-GN-B; Ruling Date: 02/18/2014; Ruling Judge: Dawn Beam; Disposition: The motion for rehearing is denied. Lee, C.J., not participating.

Elliot Jackson and Nicole Jackson v. University of Mississippi Medical Center ; Hinds Circuit Court 1st District; LC Case #: 251-12-366; Ruling Date: 03/04/2014; Ruling Judge: William Gowan, Jr.; Disposition: The motion for rehearing is denied.

Rosa Wallace v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV-2014-89RCD; Ruling Date: 05/20/2014; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.

Jennifer Nicole Simmons Lowrey v. Ryan Simmons; Monroe Chancery Court; LC Case #: 08-0168-48-H; Ruling Date: 06/11/2014; Ruling Judge: John Hatcher; Disposition: The appellant's motion for attorney's fees is denied. Order entered.

George J. Strickland a/k/a George Jackson Strickland a/k/a George Strickland v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0139-CR1K; Ruling Date: 09/03/2014; Ruling Judge: James Kitchens, Jr.; Disposition: The mandate is recalled, and the appellant's motion for an extension of time is granted. The appellant's motion for rehearing is due within thirty days of the entry of this order. Order entered.

Robert E. Lewis, Jr. a/k/a Robert Earl Lewis, Jr. a/k/a Robert Lewis v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0029-CV1; Ruling Date: 12/22/2014; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied.

Chris Sharkey, as Administrator of the Estate of Cedric Sharkey, Deceased v. Frank Barber; Attala Circuit Court; LC Case #: 14-0125-CV-L; Ruling Date: 03/02/2015; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Fair and Greenlee, JJ., not participating.

James W. Bennett v. Mississippi State Department of Health, a Member of the Mississippi State Agencies Self-Insured Workers' Compensation Trust; LC Case #: 12 06330-M-1558; Ruling Date: 05/06/2015; Majority Opinion: Greenlee, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Dissents With Separate Written Opinion, Joined by Lee, C.J. Dissenting Opinion: James, J. Votes: Lee, C.J., Joins This Opinion.

Robert K. Duncan v. State of Mississippi; Jackson Circuit Court; LC Case #: 2014-00,208 (3); Ruling Date: 03/06/2015; Ruling Judge: Kathy Jackson; Disposition: Pursuant to Rule 2(c) of the Mississippi Rules of Appellate Procedure, the appellant's untimely appeal shall be allowed to proceed. Order entered.

Ronnie Joe Keating v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2015-0124-CVI; Ruling Date: 12/03/2015; Ruling Judge: James Kitchens, Jr.; Disposition: Ronnie Keating's pro se motion to dismiss this appeal voluntarily is granted. The appeal is hereby dismissed under Mississippi Rule of Appellate Procedure 42(b). All costs of this appeal are assessed to Lowndes County. Order entered.

Jimmy Culbert v. State of Mississippi; Warren Circuit Court; LC Case #: 15,0048; Ruling Date: 03/24/2016; Ruling Judge: M. Chaney, Jr.; Disposition: The appellant's motion to voluntarily dismiss this appeal pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure is granted. All costs of this appeal are assessed to Warren County. Order entered.

Antonio Price v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2015-035-CR2; Ruling Date: 05/27/2016; Ruling Judge: Linda Coleman; Disposition: Antonio Price's motion to dismiss this appeal voluntarily is granted. The appeal is hereby dismissed under Mississippi Rule of Appellate Procedure 42(b). All costs of this appeal are assessed to the appellant. Order entered.