08/17/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-00765-COA

James Donald Killen v. Mattie Beatrice Jenkins Killen; Lauderdale Chancery Court; LC Case #: 08-717-P; Ruling Date: 04/07/2009; Ruling Judge: Lawrence Primeaux; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lauderdale County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Artis F. Power v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2008-001-CR; Ruling Date: 08/19/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Choctaw County Circuit Court of conviction of statutory rape and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Gregory Frazier v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-053-CR2; Ruling Date: 12/17/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections and to pay $93,000 in restitution, $10,136.83 to the Mississippi Crime Victims' Compensation Fund, and $250 to the Indigent Defense Fund is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

David Hardin Doyle v. Karen Phyliss Doyle; DeSoto Chancery Court; LC Case #: 06-01-0105; Ruling Date: 08/22/2007; Ruling Judge: Vicki Cobb; Consolidated with 2008-CP-01927-COA David Hardin Doyle v. Karen Phyliss Doyle; DeSoto Chancery Court; LC Case #: 06-01-0105; Ruling Date: 08/27/2008; Ruling Judge: Vicki Cobb; Majority Opinion: Barnes, J. Disposition: The judgments of the Chancery Court of DeSoto County are affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Lee, P.J., concurs in part and dissents in part with separate written opinion joined by Irving, J. Concurring in Part and Dissenting in Part Opinion: Lee, P.J. Votes: Irving, J., joins this opinion.

Christopher Mason v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2008-442-LS; Ruling Date: 01/30/2009; Ruling Judge: David Strong, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lincoln County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jeffrey B. Hodges, Avis H. Hodges, and Brittanie H. Burrell v. Attala County, Mississippi; Attala Circuit Court; LC Case #: 08-0076-CV-M; Ruling Date: 03/16/2009; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Attala County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Shelby Ray Parham v. State of Mississippi; Clay Circuit Court; LC Case #: 2009-0110; Ruling Date: 07/24/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Clay County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Eric Lavon Roberts v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-259-CR; Ruling Date: 08/29/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of burglary of an occupied dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections with five years suspended, twenty years to serve, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result. Irving, J., concurs in result only.

Travis Butler v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0010; Ruling Date: 06/24/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Tunica County Circuit Court of conviction of Count I, robbery, and sentence of fifteen years and Count II, conspiracy, and sentence of five years, with the sentences to run concurrently, all 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., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

In The Matter of the Estate of Regent Taylor, Deceased: Melvin Sims v. Dorothy Butler, Bernice Pierce Anderson Butler, Deceased, and heirs-at-law, Authur Debose, Juanita Johnson and Ora Lee Debose; Greene Chancery Court; LC Case #: 2006-111-RP; Ruling Date: 07/15/2008; Ruling Judge: D. Harris, Sr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Greene County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Christopher Paul Seghini v. Kristy Lee Sullivan Seghini; Simpson Chancery Court; LC Case #: 2007-0301-P2; Ruling Date: 10/02/2008; Ruling Judge: Joe Walker; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Simpson County is affirmed in part and vacated and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Rebuild America, Inc. v. Robert McGee, Mattie P. McGee, and Merchants and Farmers Bank; Hinds Chancery Court 1st District; LC Case #: G2007-2239S/2; Ruling Date: 06/23/2009; Ruling Judge: William Singletary; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Willie Common v. Yolanda Powell Common; Holmes Chancery Court; LC Case #: 06-0001; Ruling Date: 02/29/2008; Ruling Judge: Janace Goree; Majority Opinion: Lee, P.J. Disposition: The judgment of the Holmes County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Charles B. Graves, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2009-0082; Ruling Date: 03/12/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Tunica County Circuit Court is reversed and rendered. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in result only. Barnes, J., not participating.

Mervin Sanders v. State of Mississippi; Pike Circuit Court; LC Case #: 08-051-PCT; Ruling Date: 09/10/2008; Ruling Judge: Michael Taylor; Majority Opinion: Lee, P.J. Disposition: The motion for rehearing is denied, and this opinion is issued in lieu of our previous per curiam affirmance. The judgment of the Pike County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Roberts, J., concurs in result only. Carlton, J., not participating.

Jerry McBride v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0021; Ruling Date: 02/20/2008; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Griffis and Roberts, JJ., would grant. Carlton, J., not participating. Order entered.

Timothy Wayne Diggs v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2008-110P; Ruling Date: 08/25/2008; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Order entered.

Sharon Poole v. The Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-06-733-CIV-WC; Ruling Date: 01/08/2009; Ruling Judge: William Coleman; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Irving, Barnes and Ishee, JJ., concur. Carlton and Maxwell, JJ., concur in result only without separate written opinion. Griffis, J., dissents with separate written opinion joined by Roberts, J. Dissenting Opinion: Griffis, J. Votes: Roberts, J., joins this opinion.