08/14/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
X  2011-KA-00080-COA

Marilyn Bradford v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2010-013-CR2; Ruling Date: 12/03/2010; Ruling Judge: Kenneth Thomas; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of Count I, conspiracy to commit arson, and sentence of five years with three years to serve, two years suspended, and two years of supervised probation; and Count II, attempted arson, and sentence of two years, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Rebecca Anderson a/k/a Rebecca Latham v. State of Mississippi; Rankin Circuit Court; LC Case #: 22,541; Ruling Date: 04/26/2011; Ruling Judge: William Chapman, III; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Concurs in Result Only Without Separate Written Opinion.

Charles Moore v. State of Mississippi; Holmes Circuit Court; LC Case #: 09-12244; Ruling Date: 09/30/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Maxwell, J. Disposition: The judgment of the Holmes County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years, with five years suspended and placed on supervised probation after release from incarceration; and Count II, conspiracy to commit aggravated assault, and sentence of five years, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Holmes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Julius Federick a/k/a J.J. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2010-0307; Ruling Date: 01/21/2011; Ruling Judge: Richard Smith; Majority Opinion: Maxwell, J. Disposition: The judgment of the Leflore County Circuit Court of conviction of robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Charles Sylvester Bell a/k/a Charles S. Bell v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0143; Ruling Date: 04/05/2011; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Forrest County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Melinda Breland v. Harrison County School Board ; Harrison Chancery Court 1st District; LC Case #: C2401-11-00071(4); Ruling Date: 05/23/2011; Ruling Judge: Carter Bise; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison 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, Roberts, Maxwell and Russell, JJ., Concur. Fair, J., Not Participating.

Dominique Keyes v. Mississippi Department of Employment Security; Copiah Circuit Court; LC Case #: 2011-0325; Ruling Date: 09/07/2011; Ruling Judge: Lamar Pickard; Consolidated with 2011-CC-01446-COA Donnell Keyes v. Mississippi Department of Employment Security; Copiah Circuit Court; LC Case #: 2011-0324; Ruling Date: 09/07/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Roberts, J. Disposition: The judgment of the Copiah County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-042(W); Ruling Date: 07/08/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

David A. McSwain v. System Energy Resources, Inc. and South Mississippi Electric Power Association d/b/a Grand Gulf Nuclear Plant; Claiborne Circuit Court; LC Case #: 2009-28; Ruling Date: 03/21/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, C.J. Disposition: The judgment of the Claiborne County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes, J., Not Participating.

Khari Kamau Alexander v. Amanda Green Alexander; Hinds Chancery Court 1st District; LC Case #: G2009-352 T/1; Ruling Date: 09/25/2010; Ruling Judge: Billy Bridges; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant. Irving, P.J., Barnes and Maxwell, JJ., not participating. Order entered.

Khari Kamau Alexander v. Amanda Green Alexander; Hinds Chancery Court 1st District; LC Case #: G2009-352 T/1; Ruling Date: 09/25/2010; Ruling Judge: Billy Bridges; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Irving, P.J., Barnes and Maxwell, JJ., not participating. Order entered.

Mona Cates v. Elizabeth Swain; Tate Chancery Court; LC Case #: 06-6-243(PL); Ruling Date: 10/29/2010; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., and Russell, J., would grant.

Blake Randolph Leslie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-2011-411; Ruling Date: 12/06/2011; Ruling Judge: John Gargiulo; Disposition: Motion to Remand Case to Circuit Court to Proceed for Post-Conviction Relief is dismissed. On the Court's own motion the appeal is dismissed without prejudice to the appellant's right to seek post-conviction collateral relief. All costs of this appeal are assessed to the appellant. Order entered.

Shawn Adams v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0172; Ruling Date: 03/28/2012; Ruling Judge: Robert Helfrich; Disposition: The Court en banc finds that the rules should be suspended under Mississippi Rule of Appellate Procedure 2 and the appeal allowed to continue. Order entered.

Timothy Stratton v. State of Mississippi; Lee Circuit Court; LC Case #: CR-2011-175; Ruling Date: 06/12/2012; Ruling Judge: Paul Funderburk; Disposition: Motion to Appeal In Forma Pauperis remanded to the Circuit Court of Lee County for consideration. Order entered.

James Sterling v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-1261-CRR; Ruling Date: 11/10/2010; Ruling Judge: Tomie Green; Disposition: On the Court's own motion the appeal is dismissed. All costs of this appeal are assessed to the appellant. Order entered.

Timothy Lavon Bell v. State of Mississippi; Scott Circuit Court; LC Case #: 11-CR-068-SC-G; Ruling Date: 06/15/2012; Ruling Judge: Marcus Gordon; Disposition: Motion to Proceed In Forma Pauperis dismissed as moot. Order entered.