08/07/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2005-CA-00227-COA

MississippiDepartment of Human Services v. S. W.; Hinds Circuit Court 1st District; LC Case #: 251-01-123CIV; Ruling Date: 09/17/2004; Ruling Judge: Winston Kidd; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally to the appellant and appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Sylvia McGhee Richardson v. Johnson Electric Automotive, Inc., and Zurich American Insurance Company; Lowndes Circuit Court; LC Case #: 2006-0032-CV1; Ruling Date: 09/07/2006; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Roderick J. Brown v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 04CV-122(R); Ruling Date: 10/05/2005; Ruling Judge: Larry Roberts; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., not participating.

In the Matter of the Estate of Bennie M. Thomas, Deceased: Walter Lockhart v. Beverly McNair Wilson, Brenda McNair, Adrienne McNair, Nicole Pirtle-Willis, Kevin Pirtle, Antionette Pirtle, Elizabeth McNair, Pierre McNair and Gaynetha McNair; Yazoo Chancery Court; LC Case #: 04-0417; Ruling Date: 12/22/2005; Ruling Judge: Janace Goree; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Yazoo County is affirmed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in part and in the result.

Norris Holly, Sr. and Bobbie D. Holly v. Harrah's Tunica Corporation, Harrah's Operating Company, Inc., Kym Sleezer, David Potts and Robert Casey; Tunica Circuit Court; LC Case #: 2001-0201; Ruling Date: 04/25/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tunica County is reversed and remanded for further proceedings. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Christopher D. Fair v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2005-0007-CR; Ruling Date: 08/30/2005; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Choctaw County of conviction of capital murder and sentence of a term of life in the custody of the Mississippi Department of Corrections, without the possibility of parole, is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Marquette Randolph v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-305-KR2A; Ruling Date: 11/08/2005; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of attempted possession of more than thirty grams of cocaine and sentence of twenty years, with five years suspended, in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Michael Salts a/k/a Michael I. Salts and Marie Salts a/k/a Alice Marie Salts v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-650(G)L; Ruling Date: 02/21/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed in part, reversed in part, and remanded as follows: the conviction of embezzlement in Count I; the conviction of misdemeanor embezzlement in Count IV and sentence of six months in the custody of the Prentiss County Sheriff's Department and fine of $1,000; the conviction of embezzlement in Count V; and the conviction of embezzlement in Count VI are affirmed, but the sentences in Counts, I, V, and VI are vacated and remanded for resentencing consistent with this opinion. Furthermore, the orders of restitution are reversed and remanded for further consideration consistent with this opinion. One-half of the cost of this appeal are assessed to Lee County and the other one-half is assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Chandler, J., not participating.

James E. Godbold v. Water Valley, Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR-2005-46-LY2; Ruling Date: 02/16/2006; Ruling Judge: Ann Lamar; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Yalobusha County of conviction of driving under the influence first offense and sentence of no jail time and a fine of $751 is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only.

Michael Ames Williams v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR 2005-2-LT-2; Ruling Date: 04/27/2006; Ruling Judge: Ann Lamar; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Tallahatchie County of conviction of possession of marihuana, in an amount less than two hundred fifty grams but more than thirty grams and sentence of twenty years in the custody of the Mississippi Department of Corrections, as a habitual offender, to be served consecutively to the sentence imposed in Cause No.CR97-12-C-T2, is affirmed. All costs of this appeal are assessed to Tallahatchie County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Odell Prince v. State of Mississippi; Kemper Circuit Court; LC Case #: 2005-CV-22R; Ruling Date: 12/21/2005; Ruling Judge: Larry Roberts; Majority Opinion: Irving, J. Disposition: The judgment of the Kemper County Circuit Court denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Kemper County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., not participating.

Joseph Todd Hampton v. Melissa Hampton; Warren Chancery Court; LC Case #: 2004-157GN; Ruling Date: 07/14/2005; Ruling Judge: Vicki Barnes; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Ishee and Carlton, JJ., concur. Barnes and Roberts, JJ., concur in result only. Irving, J., dissents without separate written opinion.

Dorothy Ray and Richard Gregory Ray v. Robert Dean Ray, Individually and as Administrator of the Estate of Jennifer Marie Ray, Deceased, Floyd Malcolm Ray, II and David Glenn Ray; Sunflower Chancery Court; LC Case #: 2004-0140; Ruling Date: 12/30/2005; Ruling Judge: Jane Weathersby; Consolidated with 2006-CA-00712-COA In the Matter of the Estate of Jennifer Marie Ray, Deceased: Robert Dean Ray, Floyd Malcolm Ray, II and David Glenn Ray v. Dorothy Ray and Richard Gregory Ray; Sunflower Chancery Court; LC Case #: 2004-0140; Ruling Date: 01/30/2006; Ruling Judge: Jane Weathersby; Majority Opinion: Myers, P.J. Disposition: The judgments of the Chancery Court of Sunflower County are affirmed. All costs of this appeal are assessed to Dorothy Ray and Richard Gregory Ray. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in part and dissents in part.

Johnny Crump v. State of Mississippi; Lincoln Circuit Court; LC Case #: 03-238-MS; Ruling Date: 02/20/2004; Ruling Judge: Mike Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of six counts of embezzlement under contract, in violation of Mississippi Code Annotated Section 97-23-25, and sentenced as an habitual offender under Mississippi Code Annotated Section 99-19-81 to serve six ten-year terms of imprisonment without the possibility of parole in the custody of the Mississippi Department of Corrections, sentences to run concurrently, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Arthur Bouldin v. Lipscomb Oil Company; Madison Circuit Court; LC Case #: CI-2000-0208; Ruling Date: 09/08/2004; Ruling Judge: Samac Richardson; Disposition: The appellant's motion for rehearing is denied. Order entered.

Dewayne Norman v. Kimberly Norman; Lamar Chancery Court; LC Case #: 2004-0310-GN-D; Ruling Date: 04/15/2005; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Barnes, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the Chancery Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

Jerome White a/k/a Tyrone White v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-607(D); Ruling Date: 03/14/2005; Ruling Judge: Bobby DeLaughter; Disposition: The appellant's motion for rehearing is denied. Order entered.

Jane M. Wilbourn, As Trustee of the James G. Wilbourn Irrevocable Trust v. The Equitable Life Assurance Society of the United States and William J. Byrd; Quitman Circuit Court; LC Case #: 2004-0043; Ruling Date: 11/03/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Quitman County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, Ishee and Carlton, JJ., concur. Barnes, J., concurs in part and in the result. Chandler, J., dissents with separate written opinion, joined by King, C.J., Lee, P.J. and Irving, J. Roberts, J., not participating. Dissenting Opinion: Chandler, J. Votes: King, C.J., Lee, P.J. and Irving, J., join this opinion.

Larry Harveston a/k/a Luke Harveston v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2006-081-LS; Ruling Date: 03/15/2006; Ruling Judge: Mike Smith; Disposition: The appellant's motion for rehearing is denied. Order entered.