08/15/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-CA-00326-COA

Gary D. Nelson and Sheree Nelson v. Sanderson Farms, Inc.; Jones Circuit Court 1st District; LC Case #: 2002-97-CV12; Ruling Date: 01/19/2005; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jones County is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Brandon Benard King, a/k/a Brandon Bernard King, a/k/a Brandon Renard King v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2005-0241-PC; Ruling Date: 06/30/2005; Ruling Judge: Michael Eubanks; Majority Opinion: Roberts, J. Disposition: The judgment of the Pearl River County Circuit Court of denial of post-conviction relief is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Pearl River County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Walter Smith, Jr. a/k/a Walter Glenn Smith v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: 2003-16-LT2; Ruling Date: 11/01/2004; Ruling Judge: Ann Lamar; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Tallahatchie County of conviction of manslaughter and sentence of twenty years as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Tallahatchie County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Albert Wells v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0097-CV1; Ruling Date: 08/18/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Michael Anthony v. State of Mississippi; Simpson Circuit Court; LC Case #: 2003-81-K; Ruling Date: 09/17/2004; Ruling Judge: Robert Evans; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Simpson County of conviction in Count I of murder and sentence of life in the custody of the Mississippi Department of Corrections and conviction in Count II of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections, said twenty-year sentence to run concurrently with the life sentence in Count I, is affirmed. All costs of this appeal are assessed to Simpson County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Pervis Dewayne Neal v. State of Mississippi; Copiah Circuit Court; LC Case #: 2004-0173; Ruling Date: 03/10/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Copiah County denying post-conviction relief is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Copiah County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Jean T. McClatchy v. Anthony Farms, a Partnership; Sunflower Chancery Court; LC Case #: 2001-0422; Ruling Date: 02/18/2005; Ruling Judge: Vicki Barnes; Majority Opinion: Southwick, J. Disposition: The judgment of the Chancery Court of Sunflower County is reversed and the cause is remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Louis Edward Brown v. State of Mississippi; Pike Circuit Court; LC Case #: 02-536-KA; Ruling Date: 02/09/2004; Ruling Judge: Keith Starrett; Majority Opinion: Lee, P.J. Disposition: The judgment of the Pike County Circuit Court of conviction of Count I, first degree arson and sentence of twenty years and Count II, murder and sentence of life to run consecutively with sentence in Count I, all in the custody of the Mississippi Department of Corrections and pay restitution of $5,000 to the Crime Victims Compensation Fund, is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Raymond Broady v. Mississippi State Board of Architecture; Hinds Chancery Court 1st District; LC Case #: G-2004-2022 R/1; Ruling Date: 02/23/2005; Ruling Judge: Stuart Robinson; Majority Opinion: King, C.J. Disposition: The judgment of the Hinds County Chancery Court is reversed and this matter is remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Griffis and Ishee, JJ., concur. Southwick, J., concurs with separate written opinion joined by Lee, P.J., Irving, Griffis, Barnes and Roberts, JJ. Irving and Roberts, JJ., concur in result only. Concurring Opinion: Southwick, J. Votes: Lee, P.J., Irving, Griffis, Barnes and Roberts, JJ., join this opinion.

Ventura Donnell Moore, Sr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-015CR; Ruling Date: 05/12/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The appellant's motion for rehearing is granted. The original opinion issued in this case is withdrawn and the following opinion is substituted therefor. The judgment of the Circuit Court of Forrest County of conviction of simple robbery, and sentence of fifteen years in the custody of the Mississippi Department of Corrections without the possibility of parole, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis and Ishee, JJ., concur. Southwick and Roberts, JJ., not participating.

Tremayne Whitlock v. State of Mississippi; Covington Circuit Court; LC Case #: 2000-24-K; Ruling Date: 07/16/2003; Ruling Judge: Robert Evans; Disposition: The appellant's motion for rehearing is denied. Order entered.

Joseph Stanley McFarland v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-310-CR; Ruling Date: 10/16/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Lee, P.J. Disposition: The appellant's motion for rehearing is granted. The original opinion is withdrawn, and the following opinion is substituted therefor. The judgment of the Forrest County Circuit Court of conviction of armed robbery and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Southland Enterprises, Inc. v. Newton County, Mississippi; Newton Circuit Court; LC Case #: 00-CV-047-NW; Ruling Date: 12/11/2003; Ruling Judge: V. Cotten; Disposition: The appellee's motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

Kenneth Dewayne Carter v. State of Mississippi; Warren Circuit Court; LC Case #: 03,0098CRV; Ruling Date: 07/25/2003; Ruling Judge: Frank Vollor; Disposition: The appellant's motion for rehearing is denied. Order entered.

Peggy Hudson Fisher v. William Deer, Gannett MS Corp. and Gannett River States Publishing Corp. d/b/a The Hattiesburg American; Perry Circuit Court; LC Case #: 01-0084; Ruling Date: 06/17/2004; Ruling Judge: Robert Helfrich; Disposition: The appellees' motions for rehearing are denied. Order entered.

Dennis Dobbs v. State of Mississippi; Clay Circuit Court; LC Case #: 8399; Ruling Date: 07/23/2004; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. Order entered.

Emmitt Williams a/k/a Emmett Williams v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-65-KR2; Ruling Date: 09/24/2004; Ruling Judge: Billy Landrum; Disposition: The appellant's motion for rehearing is denied. Order entered.

Henry Smith v. Canal Insurance Company; Marshall Circuit Court; LC Case #: M99-262; Ruling Date: 09/03/2004; Ruling Judge: Andrew Howorth; Disposition: The appellant's motion for rehearing is denied. Order entered.

Hezekiah Patton, Jr. v. State Bank & Trust Company; Bolivar Circuit Court 2nd District; LC Case #: 2001-0130; Ruling Date: 07/13/2004; Ruling Judge: Albert Smith, III; Disposition: The appellant's motion for rehearing is denied. Order entered.

Talvish S. Reynolds, Individually, and Courtney Reynolds, Minor, and Brittany Reynolds, Minor, by and through Their Mother and Natural Guardian, Talvish S. Reynolds v. County of Wilkinson, State of Mississippi; Wilkinson Circuit Court; LC Case #: 03-055; Ruling Date: 10/20/2004; Ruling Judge: Lillie Sanders; Disposition: The appellant's motion for rehearing is denied. Order entered.

James J. Weil v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-486; Ruling Date: 11/10/2004; Ruling Judge: Thomas Gardner, III; Disposition: The appellant's motion for rehearing is denied. Order entered.