08/18/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2008-KA-00800-COA

Michael Jerome Williams, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-184; Ruling Date: 12/12/2007; Ruling Judge: W. Yerger; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Counts I and II, capital murder, and sentence of life without the possibilty of parole for each count, and Count III, possession of a firearm by a convicted felon, and sentence of three years with all sentences to run concurrently in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Earnest Jefferson, Jr. v. State of Mississippi; Lee Circuit Court; LC Case #: CV07-142A(L); Ruling Date: 03/26/2008; Ruling Judge: James Roberts, Jr.; Majority Opinion: Roberts, 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 the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Steven Lamont Crosby a/k/a Steve Salter v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-06-494; Ruling Date: 04/24/2007; Ruling Judge: Winston Kidd; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Steve Lacroix v. Marshall County Board of Supervisors, Eddie Dixon, Keith Taylor, Willie Flemon, George Zinn, Ronnie Joe Bennett, Marshall County Planning Commission, Conway Moore, Steve Wilson, Larry Hall, Kay Brownlee, C. W. "Chuck" Thomas and Susie Hill; Marshall Chancery Court; LC Case #: 07-0437-A; Ruling Date: 02/20/2008; Ruling Judge: John Hatcher; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Marshall County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion.

Lewis E. Walton v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2007-0282; Ruling Date: 01/02/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Russell Puckett v. Robert N. Gordon, III d/b/a Trey Gordon Roofing; Warren Circuit Court; LC Case #: 07,0207CI; Ruling Date: 06/03/2008; Ruling Judge: Frank Vollor; Majority Opinion: Irving, J. Disposition: The judgment of the Warren County Circuit Court is affirmed in part and reversed and rendered in part as follows: the award of nominal compensatory damages in the amount of $100, punitive damages in the amount of $2,500, and attorney's fees in the amount of $8,301.25 is affirmed; the award of $17,603.65 for the breach of contract claim is reversed and rendered. All costs of this appeal are assessed two-thirds to the appellant and one-third to the appellee. Votes: Myers, P.J., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. King, C.J., concurs in part and dissents in part with separate written opinion joined by Lee, P.J. Griffis, J., not participating. Concurring in Part and Dissenting in Part Opinion: King, C.J. Votes: Lee, P.J., joins this opinion.

Vernon Frazier v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-01205H-PC; Ruling Date: 06/27/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Marion County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

James L. Lee and wife, Marsha A. Lee v. South Mississippi Electric Power Association; Lamar Chancery Court; LC Case #: 2007-0157-GN-W; Ruling Date: 03/07/2008; Ruling Judge: Johnny Williams; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Lamar County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

Keith Leon Johnson v. State of Mississippi; Newton Circuit Court; LC Case #: 07-CR-047-NWC; Ruling Date: 04/16/2008; Ruling Judge: Vernon Cotten; Majority Opinion: Myers, P.J. Disposition: The judgment of the Newton County Circuit Court of conviction of possession of cocaine and sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Newton County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Deanna J. Rowan and Gary Rowan v. Kia Motors America, Inc. and Pat Peck Nissan, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2004-00213; Ruling Date: 05/01/2008; Ruling Judge: Lisa Dodson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Shaun Derrell Spratt v. State of Mississippi; Monroe Circuit Court; LC Case #: CV07-106PFM; Ruling Date: 04/10/2007; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

In the Matter of the Last Will and Testament and Estate of Genevieve Kistler, Deceased: John E. Hawkins v. Charles M. Hawkins, Individually and as Executor of the Estate of Genevieve Kistler; Monroe Chancery Court; LC Case #: 2004-123-48; Ruling Date: 02/07/2007; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied. Order entered.

Senica Matthew Franklin v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2004-0906; Ruling Date: 03/08/2007; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.

Gus Samuel Caspelich Deceased: Doris Frazier v. Joyce C. Loew; Harrison Chancery Court 2nd District; LC Case #: C2402 04-00179-3; Ruling Date: 01/24/2007; Ruling Judge: Sanford Steckler; Disposition: The motion for rehearing is denied. Order entered.

George E. Trim v. Lisa Mosley Trim; Hinds Chancery Court 1st District; LC Case #: G2000-684R/1; Ruling Date: 08/24/2007; Ruling Judge: J. Thomas; Disposition: The motion for rehearing is denied. King, C.J., Myers, P.J., and Irving, J., would grant. Maxwell, J., not participating. Order entered.

John Thelbert Whitley v. City of Brandon, Mississippi; Rankin Chancery Court; LC Case #: 62607; Ruling Date: 12/14/2007; Ruling Judge: Dan Fairly; Disposition: The motion for rehearing is denied. Order entered.

Jamie Lee Anderson v. State of Mississippi; Neshoba Circuit Court; LC Case #: 07-CR-032-NS-G; Ruling Date: 03/26/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Neshoba County is reversed, a judgment of acquittal is rendered, and the appellant is discharged. All costs of the appeal are assessed to Neshoba County. Votes: King, C.J., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Lee, P.J., dissents with separate written opinion joined by Myers, P.J., and Carlton, J. Dissenting Opinion: Lee, P.J. Votes: Myers, P.J., and Carlton, J., join this opinion.

Roberto Giles, a Minor, by and Through his Father and Next Friend, Robert Lee Giles and Antonio Giles, a Minor, by and Through his Father and Next Friend, Robert Lee Giles v. Robert A. Brown and Leake County, Mississippi Board of Supervisors; Leake Circuit Court; LC Case #: 04-CV-212-LE-C; Ruling Date: 04/14/2008; Ruling Judge: Vernon Cotten; Majority Opinion: Myers, P.J. Disposition: The judgment of the Leake County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., dissents with separate written opinion joined by Lee, P.J., and Barnes, J. King, C.J., dissents without separate written opinion. Dissenting Opinion: Irving, J. Votes: Lee, P.J., and Barnes, J., join this opinion.