07/29/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry E.
X  2013-CA-00418-COA

Ira M. Pruitt v. Lena M. Walker Pruitt; Carroll Chancery Court 1st District; LC Case #: 2011-0059K; Ruling Date: 10/18/2012; Ruling Judge: Joseph Kilgore; Majority Opinion: Roberts, J. Disposition: The judgment of the Carroll County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Thomas Lindley a/k/a Tom Lindley v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK-10-143JC; Ruling Date: 03/15/2013; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The judgment of the Lafayette County Circuit Court of conviction of simple domestic violence and sentence of six months, with five months suspended, in the custody of the Lafayette County Detention Center, is affirmed. The sentence to pay a $1,000 fine is reversed, and this case is remanded for resentencing consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Michael Ray Cochran v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CV-221-LE-G; Ruling Date: 04/03/2013; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Leake 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, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Tangela and Ricky Banks, as the Parents and Friends to the Minor, Ryheim Banks v. Tom Carey, M.D., Natchez Community Hospital, Inc., OB-GYN Clinic, Inc., Donielle Daigle, M.D., Laura Carpenter, and Jane Does, 1 through 4, Inclusive; Adams Circuit Court; LC Case #: 04-KV-0117-J; Ruling Date: 05/14/2012; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Adams 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, Fair and James, JJ., Concur.

Deidi Rodrigue v. Mitchell Rodrigue; Forrest Chancery Court; LC Case #: 2011-0463-GN-DO; Ruling Date: 10/11/2012; Ruling Judge: M. Doleac; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Forrest 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 to the appellee. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Fair, J., Not Participating.

James Luster v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0159-A-S; Ruling Date: 01/30/2013; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Adams County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Adams County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Christopher Lee Baxter a/k/a Chris Baxter a/k/a Christopher Baxter v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,002; Ruling Date: 05/15/2012; Ruling Judge: Richard McKenzie; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of George County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections without eligibility for parole, with the sentence to run consecutively to the sentences in cause numbers 2009-10,073 and 2010-10,057 is affirmed. All costs of this appeal are assessed to George County. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Ishee, J., Not Participating.

In the Matter of the Dissolution of the Marriage of Lecia Elizabeth Spriggs and Kurt Alan Buechler: Lecia Elizabeth Spriggs v. Kurt Alan Buechler; Madison Chancery Court; LC Case #: 2010-2061; Ruling Date: 02/08/2012; Ruling Judge: Cynthia Brewer; Disposition: The motion for rehearing is denied. Griffis, P.J., and James, J., would grant.

Robert Philip Segrest v. Dennis Wayne Starnes and Timothy Austin Starnes; Claiborne Chancery Court; LC Case #: 2009-0245GN; Ruling Date: 07/26/2012; Ruling Judge: E. Davis; Disposition: The motion for rehearing is denied.

Rhoda Cofield v. Imperial Palace of Mississippi, LLC ; Harrison Circuit Court 2nd District; LC Case #: A2402-2010-10; Ruling Date: 11/30/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-91-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jones County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Griffis, P.J., Carlton, Maxwell and Fair, JJ., Concur. Ishee, J., Dissents With Separate Written Opinion, Joined by Irving, P.J., Barnes and James, JJ. Dissenting Opinion: Ishee, J. Votes: Irving, P.J., Barnes and James, JJ., Join This Opinion.

Timothy Mosby v. Aurora Cares d/b/a Tara Cares, LLC and Pennsylvania Manufacturers Association Ins. Co.; Mississippi Workers' Compensation Commission; LC Case #: 0806612-K-134406; Ruling Date: 06/14/2013; Disposition: The motion for rehearing is denied.

Thomas Roberson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2012-0087; Ruling Date: 08/15/2013; Ruling Judge: Charles Webster; Disposition: Appellant Thomas Roberson's motion to voluntarily dismiss his appeal is granted. The appeal is dismissed pursuant to Mississippi Rule of Appellate Procedure 42(b). All costs associated with this appeal are assessed to Coahoma County. Order entered.