08/16/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-KA-00423-COA

Frank Demetrius Patton v. State of Mississippi; Jackson Circuit Court; LC Case #: 2008-10,847(1); Ruling Date: 11/10/2009; Ruling Judge: Robert Krebs; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Jimmie Lee Bond v. Donna Shanell Bond; Oktibbeha Chancery Court; LC Case #: 09-0180-B; Ruling Date: 02/17/2010; Ruling Judge: Kenneth Burns; Majority Opinion: Maxwell, J. Disposition: The judgment of the Oktibbeha County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Cedric D. Russell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-673-CR(Y); Ruling Date: 01/30/2009; Ruling Judge: W. Yerger; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, aggravated assault, and Count II, possession of a firearm by a convicted felon, and sentenced as a habitual offender of life for each count, all in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts and Russell, JJ., concur. Barnes and Maxwell, JJ., concur in part and in the result.

Dimera Smith v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-060(PF)(L); Ruling Date: 05/13/2010; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Lee County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Maxwell and Russell, JJ., concur. Barnes, J., concurs in part and in the result.

Edgar L. McDonald, Jr. v. Cynthia Jean Guess McDonald; Clay Chancery Court; LC Case #: 2007-0336; Ruling Date: 11/09/2009; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Clay County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Kenneth H. Harris v. State of Mississippi; Lincoln Circuit Court; LC Case #: 09-294-LS; Ruling Date: 05/13/2010; Ruling Judge: David Strong, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of burglary and sentence as a habitual offender of seven years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Janice Stribling v. State of Mississippi; Neshoba Circuit Court; LC Case #: 08-CR-0050-NS-G; Ruling Date: 03/19/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of three counts of the sale of cocaine and sentences of ten years on Count I, two years on Count II, and one year on Count III, 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 the appellant. Votes: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, P.J., concurs in part and in the result. Russell, J., not participating.

Lionel Barnes, Sr. v. Betty R. Holden Barnes; Harrison Chancery Court 2nd District; LC Case #: C2402-04-323(4); Ruling Date: 11/17/2009; Ruling Judge: Carter Bise; Consolidated with 2009-CA-01056-COA Lionel Barnes, Sr. v. Betty R. Holden Barnes; Harrison Chancery Court 2nd District; LC Case #: C2402-04-323(4); Ruling Date: 06/18/2004; Ruling Judge: Carter Bise; Majority Opinion: Irving, P.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., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Annie Brown v. Kim Yates; Rankin Chancery Court; LC Case #: 64679; Ruling Date: 10/26/2009; Ruling Judge: Dan Fairly; Majority Opinion: Irving, P.J. Disposition: The judgment of the Rankin 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: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Karen R. Thompson v. Dung Thi Hoang Nguyen; Jackson Circuit Court; LC Case #: 2004-00162(3); Ruling Date: 05/13/2009; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Harry Studdard and Jean Studdard v. William Robert "Bob" Pitts; Warren Chancery Court; LC Case #: 2008-237-GN; Ruling Date: 07/09/2009; Ruling Judge: Marie Wilson; Disposition: The motion for rehearing is denied. Irving, P.J., and Myers, J., not participating. Order entered.

Precision Communications, Inc. v. Hinds County, Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-940-CIV; Ruling Date: 10/07/2009; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Myers and Russell, JJ., not participating. Order entered.

Sherry Wiltshire v. Mississippi Fairgrounds Commission; Hinds Circuit Court 1st District; LC Case #: 251-03-586CIV; Ruling Date: 01/23/2009; Ruling Judge: William Coleman; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Simpson County, Mississippi v. Don F. McElroy; Simpson Circuit Court; LC Case #: 2005-205; Ruling Date: 08/06/2009; Ruling Judge: Robert Evans; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jay T. Magee v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2009-136P; Ruling Date: 02/22/2010; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Freda Howell d/b/a Lickity Splitz v. Board of Supervisors of Jefferson Davis County, Mississippi; Jefferson Davis Circuit Court; LC Case #: A2009-09P; Ruling Date: 04/02/2010; Ruling Judge: R. I. Prichard, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jefferson Davis 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 appellee. Votes: Lee, C.J., Myers, Barnes and Ishee, JJ., concur. Russell, J., concurs in part and dissents in part without separate written opinion. Irving, P.J., dissents with separate written opinion joined by Griffis, P.J., and Roberts, J., and joined in part by Russell, J. Carlton, J., not participating. Dissenting Opinion: Irving, P.J. Votes: Griffis, P.J., and Roberts, J., join this opinion. Russell, J., joins this opinion in part.