08/27/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2011-WC-01577-COA

Tony Barfield v. Mississippi State Hospital; Mississippi Workers' Compensation Commission; LC Case #: 0500122-J-1422-E29; Ruling Date: 09/21/2011; Majority Opinion: James, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Not Participating.

Danny Rea v. Foamex and American Home Assurance Company; Chickasaw Circuit Court 1st District; LC Case #: H2010-177LWC; Ruling Date: 03/14/2012; Ruling Judge: John Gregory; Majority Opinion: James, J. Disposition: The judgment of the Chickasaw County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Robbie O'Cain a/k/a Robbie Dale O'Cain a/k/a Robbie Dale O'Cain, Jr. a/k/a Robbie O'Cain, Jr. v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CV-110-LE-G; Ruling Date: 05/14/2012; Ruling Judge: Marcus Gordon; Majority Opinion: James, J. Disposition: The judgment of the Leake County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Barnes and Roberts, JJ., Concur in Result Only.

Kristina Fason v. Trussell Enterprises, Inc. and Hugh D.Trussell, in his Individual Capacity; Webster Circuit Court; LC Case #: 2012-16CV-M; Ruling Date: 08/02/2012; Ruling Judge: C. Morgan, III; Majority Opinion: James, J. Disposition: The judgment of the Webster County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion.

Wiley Z. Carroll a/k/a Wiley Zachary Carroll v. State of Mississippi; Tippah Circuit Court; LC Case #: T12-058; Ruling Date: 05/08/2012; Ruling Judge: Andrew Howorth; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Tippah County dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Tippah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Brandon Grindle a/k/a Bam v. State of Mississippi; Marion Circuit Court; LC Case #: K11-0078H; Ruling Date: 10/21/2011; Ruling Judge: Prentiss Harrell; Majority Opinion: Maxwell, J. Disposition: The judgment of the Marion County Circuit Court of conviction of deliberate-design murder and sentence of life in the custody of the Mississippi Department of Corrections and to pay a fine of $2,500 is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Angela Rigdon a/k/a Angela Eugenia Rigdon a/k/a Angela E. Rigdon v. State of Mississippi; Forrest Circuit Court; LC Case #: CI 11-0011; Ruling Date: 06/15/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, J. Disposition: The judgment of the Forrest County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Steven Edmonds a/k/a Steven Michael Edmonds a/k/a Steven M. Edmonds a/k/a Steve Edmonds v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2010-764GCD2; Ruling Date: 02/24/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of conspiracy to manufacture methamphetamine and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with five years of post-release supervision, and to pay a $5,000 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Arthur L. Stevenson a/k/a Arthur Lee Stevenson v. Mississippi Parole Board; Rankin Circuit Court; LC Case #: 2012-21E; Ruling Date: 07/19/2012; Ruling Judge: John Emfinger; Majority Opinion: Roberts, J. Disposition: The judgment of the Rankin County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Ernest T. Jones v. Alcorn State University; Darren J. Hamilton, Ph.D.; George E. Ross, Ph.D.; and The Mississippi Institutions of Higher Learning; Claiborne Circuit Court; LC Case #: A2301-2009-29A; Ruling Date: 04/13/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Claiborne County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

John F. Wood v. Mossy Oak Properties, Inc., Howell and Howell Estates & Land, LLC and Brent Frederick; Leake Circuit Court; LC Case #: 09-CV-129-LE-C; Ruling Date: 08/31/2011; Ruling Judge: Vernon Cotten; Majority Opinion: Irving, P.J. Disposition: The judgment of the Leake County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Warren Williams v. Mattress Direct, Inc. and Kenton A. Williams; Hancock Circuit Court; LC Case #: 10-0248; Ruling Date: 06/01/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

In the Matter of the Estate of Darryl Necaise Sr., Deceased: Lawrence Covington v. Shelia McDaniel; Yalobusha Chancery Court 1st District; LC Case #: 09-03-35VC; Ruling Date: 12/21/2010; Ruling Judge: Vicki Cobb; Consolidated with 2011-CA-01363-COA Lawrence Covington v. Estate Of Darryl Wayne Necaise Sr.; Yalobusha Circuit Court 1st District; LC Case #: CV-2009-0089-B-Y1; Ruling Date: 08/29/2011; Ruling Judge: Smith Murphey; Consolidated with 2011-CA-01581-COA In The Matter of the Estate of Darryl Necaise Sr., Deceased: Lawrence Covington v. Shelia McDaniel; Yalobusha Chancery Court 1st District; LC Case #: 09-03-35VC; Ruling Date: 06/02/2011; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. James, J., not participating.

William H. Lamb v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0305-CR1; Ruling Date: 02/28/2011; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied.

Bridgette M. Sanford a/k/a Bridgette Michelle Sanford v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0339CD; Ruling Date: 02/03/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied, and our original opinion is withdrawn with this opinion substituted in lieu thereof. The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction relief is reversed and rendered. All costs of this appeal are assessed to DeSoto County. See opinion rendered.

Bridgette M. Sanford a/k/a Bridgette Michelle Sanford v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0339CD; Ruling Date: 02/03/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, P.J. Disposition: The motion for rehearing is denied, and our original opinion is withdrawn with this opinion substituted in lieu thereof. The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction relief is reversed and rendered. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Daryl Conner v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2009-365-CD; Ruling Date: 07/01/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.

Caterpillar Financial Services Corporation v. Burroughs Diesel, Inc.; Jones Circuit Court 2nd District; LC Case #: 2011-45-CV5; Ruling Date: 09/01/2011; Ruling Judge: Billy Landrum; Consolidated with 2011-CA-01851-COA Caterpillar Financial Services Corporation v. Burroughs Diesel, Inc.; Jones Circuit Court 2nd District; LC Case #: 2010-96-CV9; Ruling Date: 12/05/2011; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. James, J., would grant.

Spencer O'Brian Lawrence a/k/a Spencer Lawrence a/k/a Spencer O. Lawrence v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-10,877; Ruling Date: 10/13/2011; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied.

David Sidney Nichols a/k/a David S. Nichols a/k/a David Nichols v. State of Mississippi; Tate Circuit Court; LC Case #: CR2002-0195BT; Ruling Date: 12/28/2011; Ruling Judge: Smith Murphey; Disposition: The motion for rehearing is denied.

Wanda Gordon v. Charles T. Gordon; Harrison Chancery Court 1st District; LC Case #: C240104-00208(3); Ruling Date: 01/12/2012; Ruling Judge: Sanford Steckler; Disposition: The motion for rehearing is denied. James, J., would grant.

Matthew Ladner v. Zachry Construction and Zurich American Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-11-053; Ruling Date: 02/23/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., and James, J., would grant.

Jermil Clark a/k/a Jermail Clark v. State of Mississippi; Madison Circuit Court; LC Case #: 2011-601-E; Ruling Date: 03/12/2012; Ruling Judge: William Chapman, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Madison County Circuit Court of conviction of aggravated domestic violence and sentence of twenty years in the custody of the Mississippi Department of Corrections, with the sentence to run consecutively to a sentence previously imposed, is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Jerry Hunter v. Mississippi Department of Employment Security; Bolivar Circuit Court 2nd District; LC Case #: 2012-0015; Ruling Date: 03/27/2012; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied.