08/22/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2004-CA-02459-COA

Richard Lias, Administrator and Natural Son and Heir of the Estate of Charlie Lias, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries and Heirs of the Estate v. Gay B. Flowers; Coahoma Circuit Court; LC Case #: 14-CI-02-0133-LOL; Ruling Date: 09/01/2004; Ruling Judge: Larry Lewis; Majority Opinion: Roberts, J. Disposition: The judgment of the Coahoma County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.

Willie Ross v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0105-CV1; Ruling Date: 08/25/2005; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Dexter Williams v. State of Mississippi; Washington Circuit Court; LC Case #: 2000-474; Ruling Date: 04/18/2003; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Elsie Etheridge v. Harold Case & Company, Inc., a Mississippi Corporation, and Randy Parkman; Walthall Circuit Court; LC Case #: 95-0164; Ruling Date: 06/28/2004; Ruling Judge: Keith Starrett; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Walthall County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Chandler, Griffis, Barnes and Roberts, JJ., concur. Southwick, J., concurs with separate written opinion, joined by Griffis and Barnes, JJ.; Lee, P.J. joins in part. Irving, J., concurs in result only. Lee, P.J., dissents without separate written opinion. Concurring Opinion: Southwick, J. Votes: Griffis and Barnes, JJ., join this opinion. Lee, P.J., joins this opinion in part.

Contrell Carter, Jr. a/k/a Cottrell Carter, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 676-03; Ruling Date: 09/24/2004; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of statutory rape, with sentence of thirty years, and conviction of sexual battery, with sentence of thirty years, both sentences to be served concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Barnes, JJ., concur. Roberts, J., not participating.

In the Interest of: C. B. Y., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0535-124; Ruling Date: 01/05/2005; Ruling Judge: Michael McPhail; Majority Opinion: Ishee, J. Disposition: The judgment of the Youth Court of Forrest County is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur. King, C.J., concurs in result only.

Heidi Davis Elmore Duke v. Robert E. Elmore, Jr.; Monroe Chancery Court; LC Case #: 2001-46; Ruling Date: 08/20/2003; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Roberts, JJ., concur. Irving, J., dissents without separate written opinion.

James Cockrell and Susie P. Cockrell v. Paul Watkins, Jr.; Chickasaw Chancery Court 1st District; LC Case #: 2004-0178-1B; Ruling Date: 02/15/2005; Ruling Judge: Kenneth Burns; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Chickasaw County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Jimmy Wallace Speagle v. State of Mississippi; Perry Circuit Court; LC Case #: 5098; Ruling Date: 12/15/2004; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Perry County of conviction of Count I manslaughter and Count II possession of a firearm by a convicted felon, and sentence of life in the custody of the Mississippi Department of Corrections as a habitual offender, is affirmed. All costs of this appeal are assessed to Perry County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Beverly A. Hayes v. University of Southern Mississippi and Ted Socha; Forrest Circuit Court; LC Case #: CI01-0038; Ruling Date: 09/08/2004; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Ollie Blount v. The Pantry, Inc.; Madison Circuit Court; LC Case #: 2004-0270; Ruling Date: 02/11/2005; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit 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., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Raymond Keith Thomas v. State of Mississippi; Lincoln Circuit Court; LC Case #: 03-305MS; Ruling Date: 02/12/2004; Ruling Judge: Mike Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of armed robbery and sentence of forty-three years in the custody of the Mississippi Department of Corrections, as an habitual offender, without chance of early release, parole or probation, suspension or reduction in anyway is hereby affirmed. All costs of this appeal are assesed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Douglas Jones v. State of Mississippi; Marshall Circuit Court; LC Case #: M2005-184; Ruling Date: 06/15/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Marshall County is reversed and the cause is remanded for a hearing. All costs of this appeal are assessed to Marshall County. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Ishee and Roberts, JJ., concur. King, C.J., concurs in result only. Irving and Barnes, JJ., dissent without separate written opinion.

Tommy Lee Jones v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2003-209-B-P2; Ruling Date: 03/24/2005; Ruling Judge: Andrew Baker; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Panola County of conviction of Count I, statutory rape, and sentence of fifteen years in the custody of the Mississippi Department of Corrections and upon release from the term of incarceration placed under a term of five years of non-reporting post-release supervision; and Count II, sexual battery, and sentence of twenty years in the custody of the Mississippi Department of Corrections, to run concurrently with the sentence imposed in Count I, is affirmed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Myers, P.J., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., not participating.

Mississippi Wildlife, Fisheries and Parks v. Alice Brannon; Pike Circuit Court; LC Case #: 01-085-B; Ruling Date: 11/19/2003; Ruling Judge: Mike Smith; Disposition: The appellee's motion for rehearing is denied. Lee, P.J. and Chandler, J., would grant. Corrected Order entered.

Braddock Law Firm, PLLC v. Daniel E. Becnel, Jr., Michael T. Gallagher and Gallagher, Lewis, Downey & Kim; Hinds Chancery Court 1st District; LC Case #: 2001-1199 R/1; Ruling Date: 05/19/2004; Ruling Judge: Stuart Robinson; Disposition: The Appellees' motion for rehearing is denied. Order entered.

Lorenzo White a/k/a Shaq v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2002-0191-M; Ruling Date: 05/28/2004; Ruling Judge: Richard Smith; Disposition: The Appellant's motion for rehearing is denied. Order entered.

James B. Yelverton v. Rhonda H. Yelverton; Harrison Chancery Court 1st District; LC Case #: 02-00364; Ruling Date: 04/29/2004; Ruling Judge: Carter Bise; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed on direct and cross-appeal. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Chandler, Barnes, Ishee and Roberts, JJ., concur. Griffis, J., concurs in result only. Irving, J., dissents without separate written opinion.

Kevin Michael Suber v. Kathleen Anne Suber; Harrison Chancery Court 1st District; LC Case #: 02-01507; Ruling Date: 11/16/2004; Ruling Judge: Sanford Steckler; Disposition: The Appellant's motion for rehearing is denied. Southwick, J., not participating. Order entered.

Edward Sessom a/k/a Wayne Sessom v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2004-739CD; Ruling Date: 12/16/2004; Ruling Judge: Robert Chamberlin; Disposition: The Appellant's motion for rehearing is denied. King, C.J., would grant. Order entered.

One 1970 Mercury Cougar, VIN#0F9111545940, One 1992 Ford Mustang, VIN#FACP44E4NF173360, One Ford Mustang and $355.00 U.S. Currency v. Tunica County, Mississippi; Tunica Circuit Court; LC Case #: 2000-00080; Ruling Date: 03/08/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Tunica County granting the forfeiture of one 1970 Mercury Cougar, one 1992 Ford Mustang, one Ford Mustang and $355 is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Daniel Athion Watkins v. Carlene Kim (Nee: Benson) Watkins; Chickasaw Chancery Court 1st District; LC Case #: 2003-0111-1C; Ruling Date: 01/05/2005; Ruling Judge: Dorothy Colom; Disposition: The Appellant's motion for rehearing is denied. Order entered.

Lyn Herron v. Johnny Herron; Lowndes Chancery Court; LC Case #: 2004-0247; Ruling Date: 01/12/2005; Ruling Judge: Dorothy Colom; Disposition: The Appellant's motion for rehearing is denied. Order entered.