08/19/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-KA-02053-COA

Dareous Rico Bryant a/k/a Dareous Bryant a/k/a Rico Bryant v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2009-0049; Ruling Date: 09/13/2012; Ruling Judge: Lee Howard; Majority Opinion: James, J. Disposition: The judgment of the Noxubee 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Steven Edward Galle v. Isle of Capri Casinos, Inc.; Riverboat Corporation of Mississippi a/k/a Isle of Capri Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc.; James B. Perry, as Chairman of the Board and Chief Executive Officer, Isle of Capri Casinos, Inc., and James B. Perry, Individually; Virginia McDowell, as President and Chief Executive Officer, Isle of Capri Casinos, Inc., and Virginia McDowell, Individually; Lynn Banks, as Corporate Director of Human Resources, Isle of Capri Casinos, Inc., and Lynn Banks, Individually; Doug Shipley, as General Manager of Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Doug Shipley, Individually; Michael (Mike) Cray, as Director of Casino Operations, Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Michael ( Mike) Cray, Individually; and Bell Kessler, as Senior Director of Human Resources, Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Bell Kessler, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-12-110; Ruling Date: 11/30/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Darrell Tillis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-602; Ruling Date: 12/01/2011; Ruling Judge: Tomie Green; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of manslaughter and sentence of twenty years 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., Irving and Griffis, P.JJ., Ishee, Roberts and Fair, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion. Maxwell and James, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Robert W. Triplett a/k/a Robert Warren Triplett, Jr. a/k/a Robert Triplett, Jr. a/k/a Robert Triplett v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0132-CRI; Ruling Date: 09/05/2012; Ruling Judge: Lee Coleman; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of exploitation of a child is affirmed. The sentence, as a habitual offender, is reversed, and this case is remanded for resentencing consistent with this opinion. All costs of this appeal are assessed equally to the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only.

Cleveland MHC, LLC v. City of Richland, Mississippi and Mayor & Board of Aldermen of the City of Richland; Rankin Circuit Court; LC Case #: 2011-192; Ruling Date: 01/28/2013; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgment of the Rankin County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Dissents Without Separate Written Opinion.

Marci Harvison Oglesby a/k/a Marci H. Oglesby a/k/a Marci Oglesby v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0484; Ruling Date: 07/24/2013; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Not Participating.

Claude E. Pickett v. Michael T. Gallagher, Gallagher Young Lewis Hampton and Downey, L.L.P., Schwartz & Associates, P.A., Richard B. Schwartz and Robert C. Arledge; Jefferson Circuit Court; LC Case #: 2010-26; Ruling Date: 06/26/2012; Ruling Judge: Lamar Pickard; Majority Opinion: Barnes, J. Disposition: The judgment of the Jefferson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Gabriel McDowell a/k/a Gary McDowell v. State of Mississippi; Hancock Circuit Court; LC Case #: A2301-2013-00205; Ruling Date: 06/10/2013; Ruling Judge: John Gargiulo; Majority Opinion: Griffis, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Wayne Marisco and Sandy Marisco v. Allstate Insurance Company; Pearl River Circuit Court; LC Case #: 2011-0336H; Ruling Date: 08/20/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Irving, P.J. Disposition: The judgment of the Pearl River County Circuit Court is affirmed in part, and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., and Roberts, J., Concur in Part and in the Result Without Separate Written Opinion.

Tamara K. (Eldridge) Summerlin v. George Michael Eldridge; Union Chancery Court; LC Case #: 11-0103-73- M; Ruling Date: 10/04/2012; Ruling Judge: Jacqueline Mask; Majority Opinion: Lee, C.J. Disposition: The judgment of the Union County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

David Bursey a/k/a David Jermaine Bursey v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0455-CR1; Ruling Date: 09/07/2012; Ruling Judge: Lee Coleman; Disposition: The motion for rehearing is denied.

Yvonne Lovett v. Delta Regional Medical Center and MHA Solutions; Mississippi Workers' Compensation Commission; LC Case #: 0605610-J-7908; Ruling Date: 02/07/2013; Disposition: The motion for rehearing is denied. James, J., would grant.