08/11/2015 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CA-02046-COA

Ronnie L. Boyd a/k/a Ronnie Boyd v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0049; Ruling Date: 11/05/2013; Ruling Judge: Lee Howard; Majority Opinion: James, J. Disposition: The judgment of the Oktibbeha County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. Lee, C.J., Not Participating.

Wanda Kaye Chipley v. Kenneth Ray Chipley; Scott Chancery Court; LC Case #: 2010-0289; Ruling Date: 02/14/2013; Ruling Judge: Ray Montgomery; Majority Opinion: Maxwell, J. Disposition: The judgment of the Scott 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: Griffis, P.J., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion. Lee, C.J., Not Participating.

Shannon Rayner a/k/a Shannon L. Rayner a/k/a Shannon Lavell Rayner v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 213-11; Ruling Date: 08/29/2013; Ruling Judge: Eddie Bowen; Majority Opinion: Carlton, J. Disposition: The judgment of the Jasper County Circuit Court of conviction of deliberate-design murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Lee, C.J., Not Participating.

High Sierra Tax Sale Properties, LLC and GJ Tax Sale Properties, LLC v. Robert M. Daley and Jeremia R. Daley; Jackson Chancery Court; LC Case #: 2012-1026-NH; Ruling Date: 01/08/2014; Ruling Judge: D. Harris, Sr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Chancery Court is affirmed, and this case is remanded for calculation of damages owed to the appellants pursuant to the findings of this opinion. All costs of this appeal are assessed one-half to the appellants and one-half to the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

William Marbly v. Kevin Manuel and City of Clarksdale, Mississippi ; Coahoma Circuit Court; LC Case #: 14-CI-14-0015; Ruling Date: 08/04/2014; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Coahoma 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 appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair and James, JJ., Concur. Maxwell and Wilson, JJ., Not Participating.

Percy Hawthorne a/k/a Percy Allen Hawthorne v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2014-00026; Ruling Date: 02/26/2014; Ruling Judge: John Gargiulo; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Maxwell Lomax v. Tara Johnson Lomax; DeSoto Chancery Court; LC Case #: 14-CV-204; Ruling Date: 05/23/2014; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Lee, C.J., Not Participating.

James David Fortenberry a/k/a James David Fortenberry, Jr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 23284; Ruling Date: 07/23/2012; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of two counts of sexual battery and one count of forcible rape and sentence of three concurrent terms of thirty years, with ten years suspended and five 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., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

Curtis Leslie v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2011-008-CR1; Ruling Date: 10/08/2013; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Irving, P.J., would grant. Wilson, J., not participating.

Cleveland School District v. Lester Fisher; Bolivar Chancery Court 2nd District; LC Case #: 2010-0285; Ruling Date: 08/19/2013; Ruling Judge: Watosa Sanders; Disposition: The motion for rehearing is denied. James, J., would grant. Wilson, J., not participating.

Markeith D. Fleming a/k/a Markeith Darrell Fleming v. State of Mississippi; Attala Circuit Court; LC Case #: 2012-0031-CR; Ruling Date: 09/17/2013; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Lee, C.J., not participating.

Darrell Ross Brooks a/k/a Darrell Brooks v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 10-876; Ruling Date: 08/11/2011; Ruling Judge: John Gargiulo; Disposition: The motion for rehearing is denied. Lee, C.J., not participating.

Eric LaQuinne Brown a/k/a Eric L. Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV00-113-G-PO; Ruling Date: 03/17/2014; Ruling Judge: Thomas Gardner, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pontotoc County Circuit Court dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Fair and Wilson, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. James, J., Dissents With Separate Written Opinion. Lee, C.J., Not Participating. Dissenting Opinion: James, J.

Brian Sweet v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-14-24; Ruling Date: 03/26/2014; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Lee, C.J., not participating.