08/25/2015 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2014-KA-00442-COA

Courtney McGahee a/k/a Courtney McGhee a/k/a Courtney McGehee v. State of Mississippi; Leflore Circuit Court; LC Case #: 2013-0147-CICR; Ruling Date: 03/25/2014; Ruling Judge: Richard Smith; Majority Opinion: James, J. Disposition: The judgment of the Leflore County Circuit Court of conviction of possession of a controlled substance in a correctional facility and sentence as a habitual offender of seven years in the custody of the Mississippi Department of Corrections without the possibility of parole or probation is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Eugene Washington v. State of Mississippi; Washington Circuit Court; LC Case #: 2011-0207; Ruling Date: 05/06/2013; Ruling Judge: W. Hines; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of Count I, sexual battery, Count II, sexual battery, Count III, statutory rape, Count IV, sexual battery, Count V, attempted sexual battery, Count VI, statutory rape, and Count VII, failure to register as a sexual offender, and sentences of life on Counts I-IV and VI, ten years on Count V, and five years on Count VII, all to be served consecutively to each other and in the custody of the Mississippi Department of Corrections, and to pay a $5,000 fine, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

In the Matter of the Estate of Audie Belle English, Deceased: Elizabeth June English, Executrix v. Regions Bank; Jones Chancery Court 2nd District; LC Case #: 2009-0172; Ruling Date: 10/04/2012; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Jones 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, P.J., Carlton, Fair and James, JJ., Concur. Ishee, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., Maxwell and Wilson, JJ. Wilson, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., and Maxwell, J.; Ishee, J., Joins In Part. Dissenting Opinion: Ishee, J. Votes: Griffis, P.J., Maxwell and Wilson, JJ., Join This Opinion. Dissenting Opinion: Wilson, J. Votes: Griffis, P.J., and Maxwell, J., Join This Opinion. Ishee, J., Joins This Opinion in Part.

Derrick Newell v. State of Mississippi; Walthall Circuit Court; LC Case #: 2000-161; Ruling Date: 08/13/2013; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Irving, P.J., would grant.

Ryan Nicholas O'Donnell a/k/a Ryan O'Donnell, Jr. a/k/a Ryan O'Donnell a/k/a Joseph Lynn Francis v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2013-52; Ruling Date: 08/07/2013; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Carlton, J., not participating.

Kerry L. Morgan a/k/a Kerry Louis Morgan a/k/a Bones v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CV2013-20JMY1; Ruling Date: 10/10/2013; Ruling Judge: James McClure, III; Disposition: The motion for rehearing is denied.

Curtis Davis, Jr. v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2011-0087CVM; Ruling Date: 10/18/2012; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied.

Estate of Rose Greer, Deceased: John Oaks v. Linda Greer Ball; Lincoln Chancery Court; LC Case #: 2010-567; Ruling Date: 03/20/2014; Ruling Judge: Edward Patten, Jr.; Disposition: The motion to voluntarily dismiss the cross-appeal is granted, and the cross-appeal is dismissed pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure. Order entered.

Abel J. Dedeaux a/k/a Able Jerome Dedeaux v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-608; Ruling Date: 09/18/2014; Ruling Judge: Michael Ward; Disposition: The motion for rehearing is denied. Order entered.

Stanley Maynard Rushing v. State of Mississippi; Leake Circuit Court; LC Case #: 14-CR-052-LE- G; Ruling Date: 05/15/2015; Ruling Judge: Marcus Gordon; Disposition: Appellant Stanley Maynard Rushing's motion to dismiss this appeal is granted. The appeal is hereby dismissed pursuant to Mississippi Rule of Appellate Procedure 42(b). All costs of this appeal are assessed to the appellant. Order entered.