08/23/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-02031-COA

Jonathan Cooper a/k/a Jonathan Dewayne Cooper v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-0237; Ruling Date: 11/18/2009; Ruling Judge: W. Hines; Majority Opinion: Maxwell, J. Disposition: The judgment of the Washington County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts and Russell, JJ., concur. Irving, P.J., and Ishee, J., concur in part and in the result. Myers and Carlton, JJ., not participating.

Brett Jones v. State of Mississippi; Lee Circuit Court; LC Case #: CV08-099(G)L; Ruling Date: 11/19/2009; Ruling Judge: Thomas Gardner, III; Majority Opinion: Maxwell, 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: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Troy Smith v. DIMA Homes, Inc.; Pearl River Circuit Court; LC Case #: 2008-0849-P; Ruling Date: 04/23/2010; Ruling Judge: R. Prichard, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Pearl River County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Ronnie Danielle (Davis) Hardin v. Jonathan Kyle Hardin; Panola Chancery Court 2nd District; LC Case #: B-08-06-280; Ruling Date: 05/19/2010; Ruling Judge: Vicki Cobb; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Panola County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion.

Kendrick Lamar Williams a/k/a Scooter v. State of Mississippi; Pike Circuit Court; LC Case #: 2009-216-PKS-1; Ruling Date: 02/24/2010; Ruling Judge: David Strong, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Pike County Circuit Court of conviction of Count I, armed robbery, and Count II, aggravated assault, and sentence of life for Count I and twenty years for Count II, with the sentences to run concurrently, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Richard Partain v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0253CD; Ruling Date: 04/19/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, P.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 the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Roger Patterson v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2008-057; Ruling Date: 08/11/2010; Ruling Judge: Robert Elliott; Majority Opinion: Irving, P.J. Disposition: The judgment of the Calhoun County Circuit Court of conviction of sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections, with eight years suspended, twelve years to serve, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Robert L. McClatchy, III v. Brotherhood's Relief & Compensation Fund; Adams Circuit Court; LC Case #: 08-KV-0005-J; Ruling Date: 07/30/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Adams County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Marvin Berry v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-641; Ruling Date: 04/10/2008; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell and Russell, JJ., not participating. Order entered.

City of Jackson, Mississippi v. Myrt Naylor Rhaly, and sons, Henry Crawford Rhaly, Jr., John Thomas Rhaly, William Dewitt Rhaly, Bill Alan Wilson, and wife, Linda Gay Wilson, Mary Sue Creel, Hilda Louise Ferron and Amy Jo Baxter; Hinds Circuit Court 1st District; LC Case #: 251-04-1214-CIV; Ruling Date: 05/14/2008; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Business Communications, Inc., v. Albert Banks; Madison Circuit Court; LC Case #: 2006-0150; Ruling Date: 03/02/2009; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Maxwell and Russell, JJ., not participating. Order entered.

Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 03/17/2009; Ruling Judge: Billy Bridges; Consolidated with 2009-CP-01442-COA Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 05/13/2009; Ruling Judge: Billy Bridges; Disposition: The motions for rehearing are denied. Myers and Russell, JJ., not participating. Order entered.

Carl Douglas Necaise v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-09-017; Ruling Date: 10/01/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Brenda Burson Perkins v. Star Transportation, Inc. and Loraine W. Clark; Webster Circuit Court; LC Case #: 2007-14-CV-L; Ruling Date: 09/25/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., and Irving, P.J., would grant. Myers and Russell, JJ., not participating. Order entered.

Eddie Ray Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-052-CR2; Ruling Date: 06/24/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of aggravated assault and sentence as a habitual offender of twenty years in the custody of the Mississippi Department of Corrections without eligibility for probation or parole is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Griffis, P.J., Ishee and Maxwell, JJ., concur. Barnes and Roberts, JJ., concur in part and in the result without separate written opinion. Russell, J., dissents with separate written opinion joined by Irving, P.J. Myers, J., not participating. Dissenting Opinion: Russell, J. Votes: Irving, P.J., joins this opinion.

Calvin Langston v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2009-CI38; Ruling Date: 02/03/2010; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

The Public Employees' Retirement System v. Rebecca Worlow; Hinds Circuit Court 1st District; LC Case #: 251-06-731-CIV; Ruling Date: 12/10/2009; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is dismissed. Russell, J., not participating. Order entered.