08/09/2016 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2014-KA-01814-COA

Darrell Letease Ford a/k/a Darrell Latease Ford a/k/a Darrell L. Ford a/k/a Darrell Ford v. State of Mississippi; Rankin Circuit Court; LC Case #: 25,557; Ruling Date: 09/29/2014; Ruling Judge: William Chapman, III; Majority Opinion: James, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of gratification of lust and sentence of fifteen years in the custody of the Mississippi Department of Corrections, and to register as a sex offender, is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion.

James Michael Jenkins a/k/a James M. Jenkins a/k/a Michael Jenkins a/k/a James Michael a/k/a James Michael Lee Jenkins v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2014-000010-A; Ruling Date: 01/22/2015; Ruling Judge: Andrew Howorth; Majority Opinion: James, J. Disposition: The judgment of the Calhoun County Circuit Court of conviction of burglary of a dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with twenty years to serve, followed by five years of postrelease supervision, is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Hosan M. Azomani a/k/a Hosan Azomani a/k/a Hosan Menanya Azomani a/k/a Dr. Azomani a/k/a Hosan Azomani M.D. a/k/a Dr. Hosan M. Azomani v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0267 CR; Ruling Date: 12/23/2014; Ruling Judge: Betty Sanders; Majority Opinion: Fair, J. Disposition: The judgment of the Washington County Circuit Court of conviction of two counts of Medicaid fraud and sentence of two concurrent terms of three years in the custody of the Mississippi Department of Corrections, with three years suspended, and three years of probation, and to pay $14,715.76 in restitution and $44,147.28 in civil penalties, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Wilson and Greenlee, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion, Joined by James, J. Dissenting Opinion: Carlton, J. Votes: James, J., Joins This Opinion.

Ryne Rankin v. Kenneth Matthews and Heather Matthews; Warren Circuit Court; LC Case #: 14,0019-CI; Ruling Date: 03/10/2015; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Warren 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, Carlton, Wilson and Greenlee, JJ., Concur. James, J., not participating.

Royce Anthony Berryhill a/k/a Royce Berryhill a/k/a Royce A. Berryhill a/k/a Andy v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2015-006GCD; Ruling Date: 04/20/2015; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of DeSoto County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Sylvia Davis Rester and L.B. Davis v. Greenleaf Resources, Inc.; Pearl River Chancery Court; LC Case #: 12-0553-GN-B; Ruling Date: 07/14/2015; Ruling Judge: Dawn Beam; Consolidated with 2014-CA-00400-COA Sylvia Davis Rester and L.B. Davis v. Greenleaf Resources, Inc.; Pearl River Chancery Court; LC Case #: 12-0553-GN-B; Ruling Date: 02/03/2014; Ruling Judge: Dawn Beam; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., not participating.

Joe Howard a/k/a Joe Martin Howard v. State of Mississippi; Webster Circuit Court; LC Case #: 2015-036-CV-L; Ruling Date: 07/13/2015; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Webster County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Webster County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

The Estate of Betty Jean Kiihnl v. Family Dollar Stores of Mississippi, Inc.; Tallahatchie Circuit Court 1st District; LC Case #: CV2014-53-SM-T1; Ruling Date: 03/04/2015; Ruling Judge: Smith Murphey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Tallahatchie County, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

In the Matter of the Last Will and Testament of Merlin Joseph Wagner, Deceased: Brenda Smith v. The Estate of Merlin Joseph Wagner, Merlin Joseph Wagner, Jr. and Wayne A. Cook; Jackson Chancery Court; LC Case #: 2014-0863NH; Ruling Date: 03/20/2015; Ruling Judge: D. Harris, Sr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. Fair, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Concurs in Result Only Without Separate Written Opinion.

Andre Doss a/k/a Andre L. Doss a/k/a "Dre" v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2015-0002KR; Ruling Date: 02/10/2015; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Jefferson County of conviction of burglary of a dwelling and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jefferson County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Cheryl Ogunbor v. Maleisha May, Shawn Evans, Lula Jackson, Sears Roebuck & Co., Edith Andrews and Bryan Impey; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 02/13/2012; Ruling Judge: Michael Taylor; Consolidated with 2013-CP-00653-COA Cheryl Ogunbor v. Sears Roebuck & Co., Lula Jackson and Maleisha May; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 04/04/2013; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.

Cheryl Ogunbor v. Sears Roebuck & Co., Lula Jackson and Maleisha May; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 04/04/2013; Ruling Judge: Michael Taylor; Consolidated with 2012-CP-00378-COA Cheryl Ogunbor v. Maleisha May, Shawn Evans, Lula Jackson, Sears Roebuck & Co., Edith Andrews and Bryan Impey; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 02/13/2012; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.

Dillon Williams a/k/a Dillon D. Williams a/k/a Dillon Dewayne Williams a/k/a Dillion Williams a/k/a Dillion Dewayne Williams v. State of Mississippi; Marshall Circuit Court; LC Case #: CV2013-423; Ruling Date: 07/11/2014; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Irving, P.J., Carlton and James, JJ., would grant.

Adrian Moore a/k/a Adrian Orville Moore a/k/a Adrian O. Moore v. State of Mississippi; Jackson Circuit Court; LC Case #: 2013-10,600 (3)(1); Ruling Date: 07/25/2014; Ruling Judge: Robert Krebs; Disposition: The motions for rehearing are denied.

Bobby Scott Culberson v. Tammi Letitia Culberson; Rankin Chancery Court; LC Case #: 03-1739/54353; Ruling Date: 09/09/2014; Ruling Judge: John Grant, III; Disposition: The motion for rehearing is denied.

Charles Edward Wilson a/k/a Charles Wilson a/k/a Charles E. Wilson a/k/a Winding v. State of Mississippi; Amite Circuit Court; LC Case #: 1857; Ruling Date: 10/08/2014; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied.

Charles Webber a/k/a Charles M. Webber a/k/a Charles Martin Webber v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2013-0345-JE; Ruling Date: 11/20/2014; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Madison County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the City of Ridgeland. Votes: Lee, C.J., Ishee, Fair, James and Greenlee, JJ., Concur. Wilson, J., Dissents With Separate Written Opinion, Joined by Irving, P.J., Barnes and Carlton, JJ.; Fair, J., Joins In Part. Dissenting Opinion: Wilson, J. Votes: Irving, P.J., Barnes and Carlton, JJ., Join This Opinion; Fair, J., Joins This Opinion in Part.

John Mark Riley, Jr. v. Betty Merandy Russell Riley; Lawrence Chancery Court; LC Case #: 2005-0182-P1; Ruling Date: 12/22/2014; Ruling Judge: David Shoemake; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Lawrence County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Timothy Burns v. State of Mississippi; Copiah Circuit Court; LC Case #: 2015-0016; Ruling Date: 01/21/2015; Ruling Judge: Lamar Pickard; Disposition: The mandate in this case is withdrawn, and the April 7, 2016 motion for rehearing shall be accepted as timely. Order entered.