07/28/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-CA-00280-COA

Gail Varnado and Darris Varnado v. Alfonso Realty, Inc.; Harrison Circuit Court 1st District; LC Case #: A-2401-2000-00485; Ruling Date: 09/01/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

George Lee Butler v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0040; Ruling Date: 04/15/2008; Ruling Judge: Charles Webster; Majority Opinion: Carlton, J. Disposition: The judgment of the Tunica County Circuit Court of conviction of burglary of a dwelling and sentence as a habitual offender of twenty-five years in the custody of the Mississippi Department of Corrections without eligibility for probation or parole is affirmed. All costs of this appeal are assessed to Tunica County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. King, C.J., concurs in result only.

Jackie Ray Pruitt, Sr. v. Richard Payne; Clarke Chancery Court; LC Case #: 06-194-P; Ruling Date: 12/12/2007; Ruling Judge: Lawrence Primeaux; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Clarke County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

In The Matter of The Estate of Martha Thomas Kabbes Burns, One and the Same Person as Martha Thomas Kabbes, Deceased: John Clayton Kabbes v. John Baxter Burns; Hinds Chancery Court 1st District; LC Case #: P-2002-523-O/3; Ruling Date: 03/25/2008; Ruling Judge: Denise Owens; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Willie Marcus Knight v. State of Mississippi; Newton Circuit Court; LC Case #: 07-CR-043-NWC; Ruling Date: 12/12/2007; Ruling Judge: Vernon Cotten; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Newton County of conviction of DUI, first offense, and sentence of forty-eight hours in the custody of the Newton County Sheriff's Department, with the sentence to be suspended upon completion of a drug and safety program, and to pay a fine of $500 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

A. B., A Minor, Through her Mother, C.D. v. Stone County School District; Stone Circuit Court; LC Case #: A6601-2006-0021; Ruling Date: 02/18/2008; Ruling Judge: Lisa Dodson; Majority Opinion: Griffis, J. Disposition: The judgment of the Stone County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Willie L. Brown v. Robinson Property Group, Limited Partnership d/b/a Horseshoe Casino and Hotel and Zurich American Insurance Company; Tunica Circuit Court; LC Case #: 2006-0072; Ruling Date: 01/03/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Shelia Barnett Grove v. Charley Guy Agnew; Lee Chancery Court; LC Case #: 2000-0088-41-H; Ruling Date: 02/20/2008; Ruling Judge: John Hatcher; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Lee County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jeffrey J. Jackson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2003-0106-CR2; Ruling Date: 12/05/2003; Ruling Judge: Kenneth Thomas; Majority Opinion: Myers, P.J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of Count I, aggravated assault, and sentence of fifteen years; Count II, aggravated assault, and sentence of fifteen years; Count III, aggravated assault, and sentence of twenty years; and Count IV, murder, and sentence of life, with sentences in Counts I, II, and III to run concurrently with each other and consecutively to the sentence in Count IV, all in the custody of the Mississippi Department of Corrections, and to pay restitution of $3,019 in Count I and $1,100 in Count II, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Willie Lewis Hodges, Jr. a/k/a Lil Willie v. State of Mississippi; Webster Circuit Court; LC Case #: 2008-21-CR; Ruling Date: 06/18/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Webster County of conviction of statutory rape of a child under fourteen years of age and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Webster County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Percy Clark, Jr. a/k/a Percy Clark v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-781(1) & (2); Ruling Date: 10/03/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of Count I, burglary of a business, and sentence of seven years, and Count II, possession of burglary tools, and sentence of five years, with the sentences to be served consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Entergy Mississippi, Incorporated v. TCA Cable Partners d/b/a Cox Communications; Washington Circuit Court; LC Case #: CI2002-438; Ruling Date: 11/30/2005; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. King, C.J., Irving and Roberts, JJ., would grant. Order entered.

Azikiwe Kambule v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-0133; Ruling Date: 12/30/2005; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 03/28/2007; Ruling Judge: James Kitchens, Jr.; Consolidated with 2007-CA-01749-COA National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 09/11/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellants/cross-appellees and one-half to the appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion.

Elliott Allen Young a/k/a Duke v. State of Mississippi; Walthall Circuit Court; LC Case #: 2006-84-S; Ruling Date: 10/08/2007; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Jessie Montrell Oliver a/k/a Money v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2007-0273CD; Ruling Date: 10/31/2007; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Carl Eley v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-1-174; Ruling Date: 06/13/2007; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Charlene Rogers, Administratrix of the Estate of Robert Gary Rogers, Deceased, and Jennifer Ann Rogers, by and through her Mother and Next Friend, Charlene Rogers and Charlene Rogers, Individually v. Barlow Eddy Jenkins P.A. and Hugh Blair; Hinds Circuit Court 1st District; LC Case #: 251-01-1469CIV; Ruling Date: 12/20/2007; Ruling Judge: W. Yerger; Majority Opinion: Griffis, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving, Barnes, Roberts and Carlton, JJ., concur. Ishee, J., dissents with separate written opinion joined by King, C.J., Lee and Myers, P.JJ., and Maxwell, J. Dissenting Opinion: Ishee, J. Votes: King, C.J., Lee and Myers, P.JJ., and Maxwell, J., join this opinion.

Tommy Thompson v. First American National Bank ; Alcorn Circuit Court; LC Case #: CV-04-138AA; Ruling Date: 01/23/2008; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

In The Matter of The Estate of Ollie M. Thomas, Deceased: John D. Thomas, Jr. v. Lynda Thomas Thoms, Carol Thomas Deady and Cathy Thomas May; Forrest Chancery Court; LC Case #: 99-0116-PR-D; Ruling Date: 02/14/2008; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only. Griffis, J., not participating.

Brooks Barnes v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0170-CVC; Ruling Date: 04/29/2008; Ruling Judge: Lee Howard; Disposition: It is ordered that on the Court's own motion rehearing be, and hereby is, granted. The previous opinion shall be withdrawn and a new opinion shall be issued.