08/23/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2003-KA-02551-COA

Shana Davis v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0068-K; Ruling Date: 10/31/2003; Ruling Judge: W. Hines; Majority Opinion: Ishee, J. Disposition: The judgment of the Sunflower County Circuit Court of conviction of aggravated assault and the sentence of fifteen years in the custody of the Mississippi Department of Corrections; seven years to be suspended with three years of post-release supervision are affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur. Irving, J., not participating.

Leroy Rushing v. Margaret Carson Rushing; Leake Chancery Court; LC Case #: 2000-0026; Ruling Date: 10/31/2003; Ruling Judge: William Lutz; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Leake County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Reo Laurice Covington v. State of Mississippi; Franklin Circuit Court; LC Case #: 01-KR-037A-J; Ruling Date: 01/16/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Franklin County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Franklin County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Donald Wayne Fason v. City of Winona; Montgomery Circuit Court; LC Case #: 2002-0029CV-L; Ruling Date: 01/27/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Montgomery County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Gary Stewart v. District Attorney for the Eighteenth Circuit Court District for the State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2002-44-CV-2; Ruling Date: 10/29/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Jones County granting summary judgment is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Chandler, Griffis and Barnes, JJ., concur. Dissenting Opinion: Irving, J. Votes: Bridges, P.J. and Ishee, J., join this opinion.

Alfa Mutual Insurance Company as subrogee of Belinda Patterson, and Belinda Patterson, Individually v. Glenda Cascio; Forrest Circuit Court; LC Case #: CI-03-0218; Ruling Date: 02/05/2004; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed in part and reversed and remanded in part. All costs of this appeal are to be divided equally between the parties. Votes: King, C.J., Lee, P.J., Chandler, Barnes and Ishee, JJ., concur. Bridges, P.J., concurs in part and dissents in part. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Bridges, P.J., and Griffis, J., join this opinion.

James Thomas Eastman a/k/a James T. Eastman v. State of Mississippi; Monroe Circuit Court; LC Case #: CV02-411(G)M; Ruling Date: 04/06/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Monroe County denying post-conviction relief is reversed and rendered. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

J. Bruce Weatherly v. Union Planters Bank, N.A.; Prentiss Chancery Court; LC Case #: 2002-494; Ruling Date: 01/09/2004; Ruling Judge: Rodney Shands; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Prentiss County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Ishee, JJ., concur. Barnes, J., not participating.

Vincent Joe Yucaitis v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,459(3); Ruling Date: 09/26/2003; Ruling Judge: Dale Harkey; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of armed robbery and sentence of twenty years in the custody of the Mississippi Department of Corrections without the possibility of parole, and payment of a $5,000 fine, is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Modena Buckley and Keith Buckley v. William Garner; Scott Chancery Court; LC Case #: 2003-0275; Ruling Date: 12/31/2003; Ruling Judge: H. Clark, II; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Scott County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., concurs in result only .

Jonathan Hall v. State of Mississippi; Sharkey Circuit Court; LC Case #: 3009-V; Ruling Date: 06/12/2003; Ruling Judge: Frank Vollor; Majority Opinion: Lee, P.J. Disposition: The judgment of the Sharkey County Circuit Court is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Sharkey County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Gibson Sims and Carol Sims v. Bear Creek Water Association; Madison Circuit Court; LC Case #: CI-2002-0224; Ruling Date: 03/04/2004; Ruling Judge: William Chapman, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Jimmy Dale Keys v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-1997-00091; Ruling Date: 06/11/2003; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison 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 Harrison County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Curtis Gatewood v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0047-M; Ruling Date: 05/20/2004; Ruling Judge: W. Hines; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Sunflower County Circuit Court denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Robert K. Fowler v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1997-0087-CR; Ruling Date: 01/30/2002; Ruling Judge: Lee Howard; Majority Opinion: Chandler, J. Disposition: The appellant's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted. The judgment of the Circuit Court of Oktibbeha County of conviction of Count I armed robbery and sentence of twenty two years and Count II attempted murder and sentence of ten years, all in the custody of the Mississippi Department of Corrections, with sentences to run concurrently, is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Bridges and Lee, P.JJ., Myers and Griffis, JJ., concur. Barnes and Ishee, JJ., not participating. Dissenting Opinion: Irving, J. Votes: King, C.J., joins this opinion.

In the Interest of: W. N. H., Minor Child; Adams Youth Court; LC Case #: P00-137; Ruling Date: 05/01/2003; Ruling Judge: John Hudson; Disposition: Appellant's motion for rehearing is denied.

Progressive Casualty Insurance Company and Progressive Gulf Insurance Company v. All Care, Inc. d/b/a Jackson Physical Medicine & Rehabilitation; Hinds Circuit Court 1st District; LC Case #: 251-97-1316CIV; Ruling Date: 02/18/2003; Ruling Judge: Winston Kidd; Disposition: Appellant's motion for rehearing is denied. Chandler and Griffis, JJ., would grant. Barnes, J., not participating.

Tarjarin Raheim Moore v. State of Mississippi; Clarke Circuit Court; LC Case #: 2003-31; Ruling Date: 08/15/2003; Ruling Judge: Robert Bailey; Disposition: Appellant's motion for rehearing is denied.

John Griffin Bowie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-00525; Ruling Date: 06/10/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of burglary as an habitual offender and sentence of seven years, day for day, without the possibility of parole or probation, in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Bernard Milford Bell v. State of Mississippi; Jackson Circuit Court; LC Case #: 96-10,520/97-10,027; Ruling Date: 01/26/2001; Ruling Judge: Kathy Jackson; Disposition: Appellant's motion for rehearing is denied.

Tommy Christopher Bynum a/k/a Tommy Bynum a/k/a Tommy C. Bynum v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 055-03; Ruling Date: 08/29/2003; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing is denied.

Sammy Coleman a/k/a Sammy Dean Coleman v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4993; Ruling Date: 07/30/2003; Ruling Judge: Bobby DeLaughter; Disposition: Appellant's motion for rehearing is denied.

Tupelo Public School District and Mississippi School Boards Association Worker's Compensation Trust v. Karen King Parker; Lee Circuit Court; LC Case #: CV 02-349(PF)L; Ruling Date: 03/01/2004; Ruling Judge: Henry Lackey; Disposition: Appellees' motion for rehearing is denied. King, C.J., Lee, P.J., and Chandler, J., would grant. Barnes, J., not participating.

Bert Allen Toyota, Inc. v. Horst F. G. Grasz; Harrison Chancery Court 1st District; LC Case #: 03-01252-2; Ruling Date: 03/22/2004; Ruling Judge: Sanford Steckler; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed in part and reversed and remanded in part for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Anthony B. McCray v. State of Mississippi; Pike Circuit Court; LC Case #: 01-160-KB; Ruling Date: 02/28/2005; Ruling Judge: Mike Smith; Disposition: Motion to Voluntarily Dismiss is granted. The appeal in this matter is dismissed and all costs of appeal are assessed to Pike County. Order entered.