08/25/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-CP-01467-COA

Anthony Craig McDonald v. State of Mississippi; George Circuit Court; LC Case #: 2005-10-130-1; Ruling Date: 08/06/2008; Ruling Judge: Robert Krebs; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of George County denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to George County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Amfed Companies, LLC and American Federated Insurance Company v. Jennifer Brown Jordan; Jones Circuit Court 1st District; LC Case #: 2003-18-CV5; Ruling Date: 07/30/2007; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Jones 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 equally between the appellants and appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., concurs in part and dissents in part without separate written opinion.

Walter F. Gandy and Charles H. Gandy v. Estate of George E. Ford, Deceased, David Eisworth, Chris Hitt and First Federal Bank for Savings, South Park; Marion Chancery Court; LC Case #: 2000-0355-GN-Th; Ruling Date: 12/04/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Marion County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Maxwell, JJ., concur. Irving, J., concurs in result only without separate written opinion. Carlton, J., not participating.

Paul Allen Houser v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0056-CR1; Ruling Date: 12/07/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of unlawful possession of precursor chemicals and sentence as a habitual offender to sixty years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. King, C.J., concurs in result only.

Gregory Deon Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-250; Ruling Date: 07/26/2006; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of armed robbery and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Desmond Kantie McClendon v. State of Mississippi; Scott Circuit Court; LC Case #: 2007-CR-072-SC; Ruling Date: 10/11/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of attempted armed robbery and sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

M.H. v. D.A. and A.A.; Hinds Chancery Court 1st District; LC Case #: G2002-421 O/3; Ruling Date: 01/23/2008; Ruling Judge: Denise Owens; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., not participating.

Paul J. Webster v. Rebecca J. Webster; Jackson Chancery Court; LC Case #: 2000-0700NH; Ruling Date: 03/05/2008; Ruling Judge: D. Harris, Sr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. Appellee's motion for attorney's fees on appeal is granted in the amount of $1,071. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Patrick Dantre Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI07-0134; Ruling Date: 07/31/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

Melisha Harding v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2008-0089CD; Ruling Date: 06/13/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of DeSoto County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Anthony Sneed a/k/a Trigger; Anthony Smith a/k/a Sticky; Thomas German a/k/a Tommy C; Jamario Brady a/k/a Mario a/k/a Turtle and Johnny Bickham v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0065; Ruling Date: 02/23/2007; Ruling Judge: Charles Webster; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections for each appellant is affirmed. All costs of this appeal are assessed equally to appellants Bickham, Brady, German and Smith and to Coahoma County on behalf of appellant Sneed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Angelia H. Chitty v. Joseph R. Terracina, M.D., Regional Surgical Center, Inc., About Face, Inc., Skin Consultants, LLC and The Skin Institute; Washington Circuit Court; LC Case #: CI2006-277; Ruling Date: 03/04/2008; Ruling Judge: W. Hines; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Alexander Womack and Maurice Womack v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-25-K; Ruling Date: 10/12/2007; Ruling Judge: Robert Evans; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Simpson County of conviction of armed robbery and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Simpson County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. King, C.J., concurs in result only without separate written opinion.

Karen Johnson v. Sanderson Farms, Inc.; Copiah Circuit Court; LC Case #: 2007-0089; Ruling Date: 06/30/2008; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, J. Disposition: The judgment of the Copiah County Circuit Court is affirmed. Alll costs of this appeal are assessed one-half to the appellant/cross-appellee and one-half to the appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Griffis, J. Dissenting Opinion: Carlton, J. Votes: Griffis, J., joins this opinion.

Monticello Community Care Center, LLC and Comm-Care Mississippi v. The Estate of Bobby Martin, by and through Janet Peyton, Individually and as Personal Representative of the Estate of Bobby Martin on behalf of and for the use and benefit to the wrongful death beneficiaries of Bobby Martin; Lawrence Circuit Court; LC Case #: 2004-170H; Ruling Date: 11/19/2007; Ruling Judge: Michael Eubanks; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lawrence County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only. Barnes, J., not participating.

Robert H. Jackson v. State of Mississippi; Warren Circuit Court; LC Case #: 07,02231CI; Ruling Date: 12/04/2007; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.