08/16/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2004-CA-00222-COA

Alan Dale Bond, As Executor of The Estate of Mary Kathleen Bond, Deceased v. City of Long Beach; Harrison Circuit Court 1st District; LC Case #: A-2401-99-00142; Ruling Date: 01/16/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All cost of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Richard Daley v. Janet Leigh B. Daley; Marion Chancery Court; LC Case #: 95-0067; Ruling Date: 11/03/2003; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Marion County Chancery Court is reversed and remanded. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

In the Matter of the Estate of Jerry Lee Saucier, Deceased: James Saucier, Executor v. In the Matter of the Estate and Last Will and Testament of Jerry L. Saucier, Deceased: Susan W. Tatum, Executrix; Forrest Chancery Court; LC Case #: 03-0169-PR-TH; Ruling Date: 03/03/2004; Ruling Judge: James Thomas, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur. Irving, J., not participating.

Bobby Allred v. State of Mississippi; Union Circuit Court; LC Case #: UK02-173; Ruling Date: 03/05/2004; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The judgment of the Union County Circuit Court of conviction of three counts of sexual battery and sentence of seventy-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Thomas J. Riley v. Charles R. Wiggins, Jr., et al.; Lauderdale Chancery Court; LC Case #: 99-124-S; Ruling Date: 12/02/2003; Ruling Judge: Sarah Springer; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Ashley R. Johnson v. State of Mississippi; Washington Circuit Court; LC Case #: CI2001-216; Ruling Date: 09/30/2002; Ruling Judge: Betty Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Washington County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Richard Thomas Gray, Jr. v. Angela Rene (Rawls) Gray; DeSoto Chancery Court; LC Case #: 01-03-0477(ML); Ruling Date: 10/17/2003; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Irving, Chandler and Barnes , JJ., concur. Concurring in Part and Dissenting in Part Opinion: Bridges, P.J. Votes: Lee, P.J.,and Myers and Ishee, JJ., join this opinion.

Lynn LaFoe v. Mississippi Employment Security Commission; Washington Circuit Court; LC Case #: CI2003-190; Ruling Date: 10/14/2003; Ruling Judge: Richard Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Franklin Lamar Sykes v. State of Mississippi; Carroll Circuit Court 2nd District; LC Case #: 2004-0001-CV-2-M; Ruling Date: 02/26/2004; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Carroll County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Carroll County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Anthony Dewayne Johnson v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: 02003-41; Ruling Date: 04/16/2004; Ruling Judge: Andrew Howorth; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Chickasaw County denying Johnson's Petition for an Order to Show Cause is affirmed. All costs of this appeal are assessed to Chickasaw County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Billy Allen McCamey v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0708-CR1; Ruling Date: 12/11/2003; Ruling Judge: Lee Howard; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of possession of methamphetamine precursor chemicals and sentence of thirty-three years in the custody of the Mississippi Department of Corrections and fine of $10,000 is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Bridges and Lee, P.JJ., Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only. Chandler, J., not participating.

Charles W. Spence v. Donna G. Spence; Lauderdale Chancery Court; LC Case #: 02-423-S; Ruling Date: 07/30/2003; Ruling Judge: Sarah Springer; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Lauderdale County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

The City of Vicksburg v. Gary Cooper; Warren Circuit Court; LC Case #: 03,0144-CIV; Ruling Date: 05/27/2004; Ruling Judge: Frank Vollor; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Warren County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ronald W. Jurney v. Missie Slay Jurney; Hinds Chancery Court 1st District; LC Case #: G98-995 S/2; Ruling Date: 12/14/2003; Ruling Judge: William Singletary; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Hinds County is reversed and rendered as to the award of attorney's fees but is affirmed on the remaining issues. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Oliver David Chisolm, Jr., Oliver David Chisolm, III, Carolyn Elizabeth Chisolm and Kayla Louisa Chisolm v. Mississippi Department of Transportation; Sharkey Circuit Court; LC Case #: 99-0095-V; Ruling Date: 06/13/2002; Ruling Judge: Frank Vollor; Consolidated with 2004-CA-00440-COA Linda Pugh v. Mississippi Department of Transportation; Sharkey Circuit Court; LC Case #: 99-0096; Ruling Date: 05/08/2003; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Sharkey County is affirmed in part and reversed and remanded in part. All costs of this appeal are to be divided equally between the appellants and the appellee. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

In the Interest of T. B., a Minor; Warren Youth Court; LC Case #: 03-342; Ruling Date: 01/28/2004; Ruling Judge: John Price, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Youth Court of Warren County is reversed and rendered. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., dissents without separate written opinion.

Damazio Penn v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,556; Ruling Date: 12/31/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Holmes County Circuit Court dismissing Penn's untimely appeal is affirmed. All costs of this appeal are assessed to Holmes County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Michael Yates v. State of Mississippi; Newton Circuit Court; LC Case #: 03-CR-021-NW-C; Ruling Date: 04/21/2004; Ruling Judge: V. Cotten; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Newton County Circuit Court of conviction of telephone harassment and sentence of six months in the county jail and a fine of $500.00 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Andrew Rucker a/k/a Pooky v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CV2004-0033BY2; Ruling Date: 05/21/2004; Ruling Judge: Andrew Baker; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Yalobusha County Circuit Court dismissing post-conviction relief is affirmed. All costs of this appeal are assessed to Yalobusha County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Patricia Smith Wideman v. Yandell Humphrey Wideman; Rankin Chancery Court; LC Case #: 46601; Ruling Date: 08/06/2002; Ruling Judge: Thomas Zebert; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. Costs are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

David Lee Lawrence v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0400; Ruling Date: 06/28/2003; Ruling Judge: Samac Richardson; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Madison County of conviction in Count I of death by negligent operation of a motor vehicle while under the influence of intoxicating liquors and sentence of twenty-five years; in Count II of aggravated assault and sentence of twenty years; in Counts III, IV, V, and VI of manslaughter by culpable negligence and sentence of twenty years on each count all in the custody of the Department of Corrections is affirmed. The sentences imposed in Counts III and IV shall be served concurrently; the sentences imposed in Counts V and VI shall be served concurrently but consecutively to the sentences imposed in Counts III and IV. The sentence imposed in Count I shall be served consecutively to the sentences imposed in Counts III, IV, V, and VI. The sentence imposed in Count II shall be served consecutively to the sentences imposed in Counts I, III, IV, V and VI. The sentence in Count II is suspended and the defendant shall serve a term of five years' supervised probation with the Mississippi Department of Corrections with terms set out by the trial court as stated in its July 3, 2003 order. All sentences are affirmed. Further the order for defendant to pay court costs and fees in the amount of $2,275 is affirmed. All costs of this appeal are assessed to Madison County. Votes: Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

W. E. Davis, Administrator of the Estate of Anthony Walker Smith, Deceased and Bank of Holly Springs v. Raymond Smith and Dorothy D. Smith, Intervenor; Tate Chancery Court; LC Case #: 02-4-144(L); Ruling Date: 11/03/2003; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Tate county is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

John Minor v. The City of Indianola, Mississippi, Valiant Insurance Company, Zurich of North America and GAB Robins North America, Inc.; Sunflower Circuit Court; LC Case #: 2003-0305-CI; Ruling Date: 12/08/2003; Ruling Judge: W. Hines; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Griffis and Ishee, JJ., concur. Chandler, J., concurs in part. Barnes, J., not participating.

Terry Moran and Mark Seymour, Sr. v. James L. Fairley, Jr.; Harrison Circuit Court 1st District; LC Case #: A2401-2000-197; Ruling Date: 04/23/2003; Ruling Judge: Marcus Gordon; Disposition: Appellee's motion for rehearing is denied. King, C.J., and Chandler, J., would grant. Lee, P.J., not participating.

Michael Johnson v. State of Mississippi; Rankin Circuit Court; LC Case #: 14215; Ruling Date: 10/29/2003; Ruling Judge: William Chapman, III; Disposition: Appellant's motion for rehearing is denied.

W. Ellis Pittman v. Brenetta Hoskins Pittman; Quitman Chancery Court; LC Case #: 01-121; Ruling Date: 10/15/2003; Ruling Judge: Woodrow Brand, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Quitman County Chancery Court is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers and Barnes, JJ., concur. Chandler, Griffis and Ishee, JJ., not participating.

Sarah Virginia Lawrence Morgan and Mary Melinda Lawrence Andress v. James Timothy Lawrence ; Rankin Chancery Court; LC Case #: 52,556; Ruling Date: 10/29/2003; Ruling Judge: John Grant, III; Disposition: Appellant's motion for rehearing is denied. Bridges, P.J., not participating.

Mark Allen Anderson v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV02-082(B)I; Ruling Date: 11/13/2003; Ruling Judge: Sharion Aycock; Disposition: Appellant's motion for rehearing is denied.

Robert R. Patterson, Jr. and Mid-South Investment Corporation v. Trustmark National Bank; Hinds Chancery Court 1st District; LC Case #: G-2003-192 S/2; Ruling Date: 12/16/2003; Ruling Judge: William Singletary; Disposition: Appellant's motion for rehearing is denied.

Shronda Hutton v. American General Life & Accident Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-01-001050-CIV; Ruling Date: 12/19/2003; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied.