08/07/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
X  2011-CP-00476-COA

Harvey Lee Garrett v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2010-191-CV-L; Ruling Date: 03/18/2011; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Montgomery County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Sonya Patterson v. Mississippi Department of Employment Security; Alcorn Circuit Court; LC Case #: CV10-633-P-A; Ruling Date: 05/12/2011; Ruling Judge: James Pounds; Majority Opinion: Russell, J. Disposition: The judgment of the Alcorn County Circuit Court affirming the denial of benefits is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Louise J. Piernas v. Charlene Campiso; Hancock Chancery Court; LC Case #: C2301-09-0803-3; Ruling Date: 09/16/2010; Ruling Judge: Sanford Steckler; Majority Opinion: Roberts, J. Disposition: The judgment of the Hancock County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Phillip Brown, II, Brenda Brown Gordon, Dorothy Jean Love, Rosalynn Naylor, Charles Naylor, Crystal Naylor, and Glen Brown v. John V. Tate, Jr., Successor in Interest to Ponta Properties, Inc.; Lauderdale Chancery Court; LC Case #: 05-513-P; Ruling Date: 01/31/2011; Ruling Judge: Lawrence Primeaux; Majority Opinion: Barnes, J. Disposition: The judgment of the Lauderdale County Chancery Court is reversed and 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., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Romalas Gregory v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK10-165; Ruling Date: 01/07/2011; Ruling Judge: Robert Elliott; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Lafayette County Circuit Court of conviction of possession of cocaine and sentence of eight years, with five years to serve, three years suspended, and three years of supervised probation, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Part and in the Result. Maxwell, J., Concurs in Result Only. Roberts, J., Not Participating.

James Felton Bell a/k/a James Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 2010-446 CVL; Ruling Date: 04/07/2011; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Grenada County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Timmy Dale Whitaker a/k/a Timmy Whitaker a/k/a Timmy D. Whitaker v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR09-005; Ruling Date: 11/10/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Alcorn County of conviction of Count I, burglary of a dwelling, and sentence of twenty-five years, and Count II, aggravated assault, and sentence of twenty years, with the sentences to run consecutively, all as a habitual offender without eligibility for parole or probation, all in the custody of the Mississippi Department of Corrections, and to pay a fine of $10,000, is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Carolyn Jones v. Anthony Graphia; Hancock Chancery Court; LC Case #: C2301-10-0595(4); Ruling Date: 06/24/2011; Ruling Judge: Carter Bise; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts and Russell, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Fair, J.,; Irving, P.J., and Maxwell, J., Join In Part. Maxwell, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J. Votes: Fair, J., Joins This Opinion. Irving, P.J., and Maxwell, J., Join This Opinion in Part. Dissenting Opinion: Maxwell, J.

Issac M. Tillman a/k/a Issac Marvin Tillman v. Mississippi Department of Corrections; Hinds Circuit Court 1st District; LC Case #: 251-11-57-CIV; Ruling Date: 09/06/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Mark Balius v. Melanie Gaines; Harrison Chancery Court 2nd District; LC Case #: C2402-99-01310; Ruling Date: 06/30/2010; Ruling Judge: Hollis McGehee; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed as moot. The appellee is awarded attorney's fees of $2,500. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Gary C. Marter v. Celeste G. Marter; Grenada Chancery Court; LC Case #: 08-04-090; Ruling Date: 06/28/2010; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2011-CA-00391-COA Gary C. Marter v. Celeste G. Marter; Grenada Chancery Court; LC Case #: 08-04-090; Ruling Date: 02/03/2011; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Grenada County is affirmed in part; reversed and remanded in part; and vacated in part. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

James Edgar Robertson, III v. Emily Paige Roberts; Lowndes Chancery Court; LC Case #: 2008-0269-B; Ruling Date: 11/18/2010; Ruling Judge: Kenneth Burns; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only.

Bridgette M. Sanford a/k/a Bridgette Michelle Sanford v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0339CD; Ruling Date: 02/03/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, P.J. Disposition: The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction relief is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Moses McBride a/k/a Moses Leon McBride a/k/a Leon Mosses McBride a/k/a Moses Leon Moye McBride v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0273-CVK; Ruling Date: 06/14/2011; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Geraldstine Miller on Behalf of the Wrongful Death Heirs of Grover D. Miller v. Engelhard Corporation, Mearl Corporation, and Continental Mineral Processing; Copiah Circuit Court; LC Case #: CV-02-680; Ruling Date: 06/13/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Copiah County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Knight's Marine & Industrial Services Inc. v. Steve Lee, Liberty Mutual Insurance Company and Fox-Everett, Inc.; Jackson Circuit Court; LC Case #: 2005-00,031(2); Ruling Date: 10/04/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

George C. McKee v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2008-0188-CV; Ruling Date: 09/09/2009; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Oktibbeha County Circuit 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.

George C. McKee v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2008-0188-CV; Ruling Date: 09/09/2009; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Oktibbeha County Circuit 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., Griffis, P.J., Ishee, Roberts, Carlton and Maxwell, JJ., Concur. Barnes, Russell and Fair, JJ., Not Participating.

Adrian Williard a/k/a Adrian Willard v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0459 (1, 3); Ruling Date: 04/11/2006; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

John Daniel Rodgers v. State of Mississippi; Monroe Circuit Court; LC Case #: CR09-032-RM; Ruling Date: 02/26/2010; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied. Order entered.

David E. Fleisher v. Southern Agcredit, FLCA f/k/a Land Bank South, FLCA; Stone Circuit Court; LC Case #: 2009-0027; Ruling Date: 08/30/2010; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied. Barnes, J., would grant. Order entered.