08/06/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2012-KM-01091-COA

Aaron James Carlson a/k/a Aaron Carlson v. City of Ridgeland; Madison Circuit Court; LC Case #: 2010-0641; 2010-0642; Ruling Date: 04/12/2012; Ruling Judge: John Emfinger; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of driving under the influence, first offense, and sentence of forty-eight hours in the custody of the Madison County Sheriff's Department and a $1,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell and James, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result. Carlton, J., Not Participating.

Dr. Daisy M. LaCour v. Claiborne County School District; Claiborne Chancery Court; LC Case #: 2011-0222GN; Ruling Date: 05/04/2012; Ruling Judge: George Ward; Majority Opinion: Carlton, J. Disposition: The judgment of the Claiborne County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Fair and James, JJ., Concur. Irving, P.J., Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Aimee Bracey Porter a/k/a Aimee Porter v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0214H; Ruling Date: 02/07/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Roberts, J. Disposition: The judgment of the Marion County Circuit Court dismissing the motion for post-conviction relief is reversed, judgment setting aside her guilty pleas is rendered in her favor, and the charges are remanded to the circuit court's active trial docket. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Maxwell, J., Dissents Without Separate Written Opinion. Carlton, J., Not Participating.

Netra Cooper Cattenhead v. Terry K. Brantley, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-07-1179-CIV; Ruling Date: 11/09/2011; Ruling Judge: William Gowan, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion. Lee, C.J., and James, J., Not Participating.

Robert Dickens a/k/a Robert Olen Dickens v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV12-068GI; Ruling Date: 04/10/2012; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Itawamba County dismissing 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., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Braddock Law Firm, PLLC v. Daniel E. Becnel Jr.; Hinds Chancery Court 1st District; LC Case #: 2001-1199-T/1; Ruling Date: 01/31/2012; 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 appellant. Votes: Griffis, P.J., Barnes, Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result. Lee, C.J., Irving, P.J., and James, J., Not Participating.

Rodney Phillip McKenzie, Jr. a/k/a Rodney McKenzie a/k/a Rodney Phillip McKenzie a/k/a Rodney McKenzie, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-11.153(1); Ruling Date: 03/02/2012; Ruling Judge: Robert Krebs; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections, without possibility of parole, is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Tommie Lee Jones a/k/a Ninnoe v. State of Mississippi; Yazoo Circuit Court; LC Case #: 29-1051; Ruling Date: 12/06/2011; Ruling Judge: Jannie Lewis; Majority Opinion: James, J. Disposition: The judgment of the Yazoo County Circuit Court of conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections, with five years suspended, followed by five years of supervised probation, is affirmed. All costs of this appeal are assessed to Yazoo County. Votes: Lee, C.J., Barnes and Carlton, JJ., Concur. Maxwell, J., Specially Concurs With Separate Written Opinion, Joined by Lee, C.J., Irving, P.J., and Barnes, J. Roberts, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., Ishee and Fair, JJ. Specially Concurring Opinion: Maxwell, J. Votes: Lee, C.J., Irving, P.J., and Barnes, J., Join This Opinion. Dissenting Opinion: Roberts, J. Votes: Griffis, P.J., Ishee and Fair, JJ., Join This Opinion.

Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala W. Ravenstein, her Natural Mother, Adult next friend, and Guardian ad Litem v. Community Trust Bank f/k/a Madison County Bank and Madison County Financial Corporation; Madison Circuit Court; LC Case #: CI-2010-0030-JC; Ruling Date: 03/22/2012; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: Irving, P.J.