08/26/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Irving, Tyree
XX  2002-CP-00737-COA

Martin G. Camacho v. Chandeleur Homes, Inc. and MHP Properties, LLC d/b/a Mid South Land-Home Center; Marshall Circuit Court; LC Case #: M00-356; Ruling Date: 05/31/2001; Ruling Judge: Henry Lackey; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Marshall County is reversed and remanded. All costs of this appeal are assessed to the appellees. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee and Griffis, JJ., concur. Dissenting Opinion: Chandler, J. Votes: Bridges and Myers, JJ., Join This Opinion.

Carl V. Clark v. State of Mississippi; Rankin Circuit Court; LC Case #: 2002-0109; Ruling Date: 05/01/2002; Ruling Judge: Samac Richardson; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Rankin County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Chokwe Lumumba v. State of Mississippi; Leake Circuit Court; LC Case #: 8474; Ruling Date: 10/17/2001; Ruling Judge: Marcus Gordon; Majority Opinion: Bridges, J. Disposition: The judgment of the Leake County Circuit Court is affirmed. Costs are assessed to the appellant. Votes: McMillin, C.J., and Southwick, P.J., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Concurring Opinion: King, P.J. Votes: Southwick, P.J., joins this opinion. Dissenting Opinion: Irving, J.

Kenneth Bernard Webb v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0375; Ruling Date: 04/12/2002; Ruling Judge: Samac Richardson; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of burglary of a dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with the last ten years suspended and five years of post-release supervision is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Dissenting Opinion: Irving, J.

Ronald Ray Evans v. Dean Moore, Executrix of the Estate of Mylinda LouAnn (Rodgers) Evans, Deceased; DeSoto Chancery Court; LC Case #: 94-12-1351(L); Ruling Date: 05/16/2002; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Southwick, P.J. Disposition: The appeal from the judgment of the Chancery Court of DeSoto County is dismissed. All costs are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

John Stephens v. Carlisle Corporation and Wendelta, Inc.; Coahoma Circuit Court; LC Case #: 14-CI-98-0064; Ruling Date: 03/20/2002; Ruling Judge: Albert Smith, III; Majority Opinion: King, P.J. Disposition: The judgment of the Coahoma County Circuit Court is affirmed. The appellant is taxed with all costs of this appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only.

Robert Rowland v. Cherryl Britt, Chief Records Officer, and Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2002-0018-M; Ruling Date: 06/06/2002; Ruling Judge: Betty Sanders; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Christopher Jason Smith v. State of Mississippi; Rankin Circuit Court; LC Case #: 12,958; Ruling Date: 12/21/2001; Ruling Judge: William Chapman, III; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Rankin County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Linda Thomas v. Pascagoula Municipal Separate School District and Reliance National Insurance Company; Jackson Circuit Court; LC Case #: 01-00332(3); Ruling Date: 06/10/2002; Ruling Judge: Dale Harkey; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Randal R. Palmer and Lynn I. Palmer Individually and on behalf of Anne Palmer, a Minor v. Volkswagen of America, Inc., Van-Trow Volkswagen, Inc., Volkswagen A.G. a/k/a Volkswagenwerk Aktiengesellschaft and Volkswagen de Mexico, S. A. de C. V. a/k/a Volkswagen of Mexico; Hinds Circuit Court 1st District; LC Case #: 251-98-1112CIV; Ruling Date: 03/28/2001; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is reversed and remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, P.J., Bridges, Lee and Myers, JJ., concur. Irving, J., concurs in result only. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Thomas and Griffis, JJ., join this opinion.

Melissa J. Harrell v. Time Warner/Capitol Cablevision and Travelers Casualty and Surety Company; Hinds Circuit Court 1st District; LC Case #: 251-2000-1093; Ruling Date: 12/18/2001; Ruling Judge: W. Yerger; Disposition: Motion for Partial Remand granted. Order entered.

Melissa J. Harrell v. Time Warner/Capitol Cablevision and Travelers Casualty and Surety Company; Hinds Circuit Court 1st District; LC Case #: 251-2000-1093; Ruling Date: 12/18/2001; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 01-CV-135(B); Ruling Date: 12/04/2001; Ruling Judge: Robert Bailey; Disposition: Appellant's motion for rehearing is denied. King and Southwick, P.JJ., and Lee, J., would grant. Chandler, J., not participating.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant.

Antonio Granger a/k/a Antonio Terrell Granger a/k/a Abby v. State of Mississippi; Washington Circuit Court; LC Case #: 2000-424; Ruling Date: 10/23/2001; Ruling Judge: Richard Smith; Disposition: Motion for Rehearing is dismissed as untimely filed. Order entered.

Eric Forshee v. State of Mississippi; Monroe Circuit Court; LC Case #: CV00-086GM; Ruling Date: 08/23/2001; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's motion for rehearing is denied. Chandler, J., not participating.

Antwon Leshay Ellis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-1-042; Ruling Date: 02/13/2002; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied.

Harry Allen Gray v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 99-63-KR1; Ruling Date: 02/25/2002; Ruling Judge: Billy Landrum; Majority Opinion: Myers, J. Disposition: The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of the First Judicial District of Jones County of conviction of fondling and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with the first ten years to serve and the remaining five years to be suspended and five years' probation, is affirmed. All costs of this appeal are assessed to Jones County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur. The motion for rehearing filed by the appellant is denied.

James E. Otis v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-277MS; Ruling Date: 02/01/2002; Ruling Judge: Mike Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of armed robbery and sentence of life as an habitual offender in the custody of the Mississippi Department of Corrections and fine of $10,000 is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Bridges, Lee, Myers, Chandler and Griffis, JJ., concur. Concurring in Part and Dissenting in Part Opinion: McMillin, C.J. Votes: King and Southwick, P.JJ., and Thomas, J., join this opinion.

Sheila Joseph, Issac Joseph and Donna Thomas v. The City of Moss Point, a Body Politic; and Garlon P. Cole, in His Representative Capacity; Jackson Circuit Court; LC Case #: CI-99-0381(2); Ruling Date: 05/09/2002; Ruling Judge: Kathy Jackson; Disposition: Upon consideration of the appellants' motion for rehearing and the appellees' response to the motion, the motion for rehearing is denied.