07/30/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-01223-COA

W.R. Berkley Corporation, Union Standard Insurance Group, Union Standard Insurance Company, and Great River Insurance Company v. Rea's Country Lane Construction, Inc.; Wayne Chancery Court; LC Case #: 2001-21; Ruling Date: 06/17/2009; Ruling Judge: J. Buffington; Majority Opinion: Maxwell, J. Disposition: The judgment of the Wayne County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee/cross-appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

In The Matter of the Estate of Kenneth Lee Drake, Deceased: Benjamin Lee Drake v. Bennie Larry Drake; Rankin Chancery Court; LC Case #: 67,148; Ruling Date: 09/27/2011; Ruling Judge: John Grant, III; 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., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Sherry Chandler Rainer v. Wal-Mart Associates, Inc., Wal-Mart Stores, Inc., Lisa King, and Kimberly Turnbow; Simpson Circuit Court; LC Case #: 2010-405; Ruling Date: 12/01/2011; Ruling Judge: Eddie Bowen; Majority Opinion: Maxwell, J. Disposition: The judgment of the Simpson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

C.W. Moore a/k/a Charles Moore a/k/a C.W. v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2011-0027; Ruling Date: 08/11/2011; Ruling Judge: Charles Webster; Majority Opinion: Maxwell, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of aggravated assault and sentence of twelve years in the custody of the Mississippi Department of Corrections, with five years suspended, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Claudia Joan Hill Renfro v. John Malcolm Renfro; Grenada Chancery Court; LC Case #: 11-01-018 PL; Ruling Date: 04/04/2012; Ruling Judge: Vicki Cobb; Majority Opinion: Carlton, J. Disposition: The judgment of the Grenada 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, Roberts and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result. James, J., Not Participating.

Stanley Luster a/k/a Stanley "Rico" Luster a/k/a Stanley Aaron Luster v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK11-204; Ruling Date: 08/05/2011; Ruling Judge: John Gregory; Majority Opinion: Carlton, J. Disposition: The judgment of the Lafayette 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 parole or probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Willie Ross a/k/a Willie Joe Ross a/k/a Willie J. Ross v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0105-CV1; Ruling Date: 05/22/2012; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Floyd Mayfield v. Advanced Disposal Services Mississippi, LLC and Arch Insurance Company; Mississippi Workers' Compensation Commission 1st District; LC Case #: 1009368-K-7146; Ruling Date: 08/24/2012; Majority Opinion: Carlton, 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., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Reuben Williams a/k/a Rueben Williams a/k/a Reuben K. Williams a/k/a Ruben Williams v. State of Mississippi; Leflore Circuit Court; LC Case #: 2011-0096; Ruling Date: 04/11/2012; Ruling Judge: W. Hines; Majority Opinion: Roberts, J. Disposition: The judgment of the Leflore County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Tracy Handy v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV12-0086; Ruling Date: 03/29/2012; Ruling Judge: James Roberts, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Tishomingo County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tishomingo County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Willie H. Jones II v. Mississippi Department of Employment Security; Hinds Circuit Court 1st District; LC Case #: 251-10-1009CIV; Ruling Date: 05/21/2012; Ruling Judge: Tomie Green; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Exso Chandler a/k/a Exo Chandler, Jr. v. Mississippi Department of Corrections and Mississippi Parole Board; Sunflower Circuit Court; LC Case #: 2011-0444; Ruling Date: 03/15/2012; Ruling Judge: Betty Sanders; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Bobby Earl Wilson, Jr. v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2011-0122; Ruling Date: 02/02/2012; Ruling Judge: Betty Sanders; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Sunflower County 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., Ishee, Roberts, Fair and James, JJ., Concur. Irving, P.J., and Maxwell, J., Concur in Part and in the Result. Carlton, J., Concurs in Result Only.

Dexter Fulton a/k/a Dexter Calvin Fulton v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0518-CR1; Ruling Date: 03/01/2011; Ruling Judge: Lee Howard; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of receiving stolen property and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Joe H. Cotton a/k/a Joe Cotton a/k/a Joe Henry Cotton v. State of Mississippi; Tunica Circuit Court; LC Case #: 2011- 0050; Ruling Date: 04/11/2012; Ruling Judge: Charles Webster; Majority Opinion: Barnes, J. Disposition: The judgment of the Tunica 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 Tunica County. Votes: Lee, C.J., Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Ishee, J., Dissents With Separate Written Opinion, Joined by Irving and Griffis, P.JJ. Dissenting Opinion: Ishee, J. Votes: Irving and Griffis, P.JJ., Join This Opinion.