08/19/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-KA-00390-COA

Omar Kazery a/k/a Samuel D. Kazery v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-210TTG; Ruling Date: 09/26/2005; Ruling Judge: Tomie Green; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of felony child abuse and sentence of twenty years in the custody of the Mississippi Department of Corrections, with fifteen years suspended and four years of post-release supervision, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Griffis, J., concurs in result only.

Robert L. Grant v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2004-536E; Ruling Date: 09/08/2006; Ruling Judge: Michael Eubanks; Majority Opinion: Carlton, J. Disposition: The judgment of the Pearl River County Circuit Court of conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., not participating.

Timothy Dampeer a/k/a Fatty Hatty v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-52-K; Ruling Date: 09/19/2007; Ruling Judge: Robert Evans; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Simpson County of conviction of possession of a controlled substance and sentence of four years in the custody of the Mississippi Department of Corrections as a habitual offender without the possibility of probation or parole is affirmed. All costs of this appeal are assessed to Simpson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Candace D. Price v. Jason Lagarret McBeath, Jr.; Harrison Chancery Court 2nd District; LC Case #: C2402-04-00990(2); Ruling Date: 04/18/2007; Ruling Judge: Margaret Alfonso; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison 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, Chandler, Griffis, Barnes and Ishee, JJ., concur. Carlton, J., specially concurs with separate opinion, joined by Lee, P.J., and Griffis, J., and joined in part by Ishee, J. Specially Concurring Opinion: Carlton, J. Votes: Lee, P.J., and Griffis, J., join this separate opinion. Ishee, J., joins this separate opinion in part.

Convenant Health & Rehabilitation of Picayune, LP and Covenant Dove, Inc. v. Estate of Mittie M. Moulds, by and through James Braddock, Administrator for the use and benefit of the Estate and Wrongful Death Beneficiaries of Mittie M. Moulds; Pearl River Circuit Court; LC Case #: 2006-0439P; Ruling Date: 07/02/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Pearl River County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur. Irving, J., dissents with separate written opinion. Dissenting Opinion: Irving, J.

In the Matter of the Estate of Grover S. Summerlin, Deceased: Barbara Ann Lynch v. Curtis Summerlin; Madison Chancery Court; LC Case #: 2004-434; Ruling Date: 12/14/2006; Ruling Judge: William Lutz; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Diane Evans v. Bonnie Hodge; Hinds Circuit Court 1st District; LC Case #: 251-01-740; Ruling Date: 03/06/2006; Ruling Judge: W. Yerger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for further 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, Ishee, Roberts and Carlton, JJ., concur.

Louis R. Reese v. State of Mississippi; Monroe Circuit Court; LC Case #: 06-051-AM; Ruling Date: 02/06/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Monroe County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Stephen T. Yarbrough a/k/a Steven Tracy Yarbrough v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0193-CR1; Ruling Date: 05/18/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of aggravated assault on a law enforcement officer and sentence of thirty years, as a habitual offender, in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Irvin Morgan, Jr. v. Harry Stevens, Jr. and Gayle J. Stevens; Clay Circuit Court; LC Case #: 2005-0014; Ruling Date: 04/10/2007; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Clay County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., Concur. Chandler, J., not participating.

Merlean Marshall, Alphonzo Marshall and Eric Shepard, Individually and on Behalf of All Wrongful Death Beneficiaries of Lucy Shepard, Deceased v. Kansas City Southern Railways Company, Eric W. Robinson, The Estate of Robert Everett and C.L. Duett; Scott Circuit Court; LC Case #: 2004-CV-312-SC-G; Ruling Date: 01/10/2006; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

Steven Walter Eason v. State of Mississippi; Perry Circuit Court; LC Case #: 5234; Ruling Date: 02/20/2006; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

David Claude Busby v. State of Mississippi; Clarke Circuit Court; LC Case #: 2006-55(w); Ruling Date: 07/26/2006; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Roberts, J., not participating. Order entered.

Zeonia Williams, Individually and on Behalf of the Wrongful Death Heirs of Anthony Williams, Deceased v. Deborah Skelton, M.D. and Steven J. Patterson, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-05-734CIV; Ruling Date: 12/13/2006; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Griffis, J., not participating. Order entered.