08/28/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2011-CP-00437-COA

Virgil Breeden, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0112; Ruling Date: 05/23/2011; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, J. Disposition: The judgment of the Forrest County Circuit Court dismissing the petition 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, Russell and Fair, JJ., Concur.

John P. Alexander a/k/a John Peyton Alexander II a/k/a John Alexander v. Christopher B. Epps; Sunflower Circuit Court; LC Case #: 2010-0429(CM)(S); Ruling Date: 05/17/2011; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Maxwell, J. Disposition: The judgment of the Sunflower 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, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Nathan Sellers a/k/a Nathan P. Sellers v. State of Mississippi; Rankin Circuit Court; LC Case #: 18403; Ruling Date: 02/25/2008; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Vandiver E. Strickland v. Myria E. Strickland; Stone Chancery Court; LC Case #: 2008-0228-2; Ruling Date: 07/07/2010; Ruling Judge: Margaret Alfonso; Majority Opinion: Carlton, J. Disposition: The judgment of the Stone County Chancery Court is reversed and 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., Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Justin Bankston d/b/a Bankston Fence and Bankston Fence, Inc. v. Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: G2010-1103S/2; Ruling Date: 04/25/2011; Ruling Judge: William Singletary; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result.

Roger McMurtry v. State of Mississippi; Rankin Circuit Court; LC Case #: 22398; Ruling Date: 06/01/2011; Ruling Judge: John Emfinger; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County affirming the County Court's conviction of Count I, first offense driving under the influence, and sentence of forty-eight hours in the Rankin County jail with the entire sentence suspended and fine of $1,000 with one-half of that amount suspended; and Count II, careless driving, and fine of $50 is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Jeffrey John Ferguson a/k/a Jeffery John Ferguson v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CR-018-LE-G; Ruling Date: 09/10/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, P.J. Disposition: The judgment of the Leake County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Holly Garcia (Quinones) v. Christopher Garcia; Lowndes Chancery Court; LC Case #: 2007-0516-C; Ruling Date: 03/14/2011; Ruling Judge: Dorothy Colom; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Chancery 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, Russell and Fair, JJ., Concur.

Joe Solomon Pruitt v. State of Mississippi; Monroe Circuit Court; LC Case #: CV09417-PFM; Ruling Date: 10/22/2010; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Patrick Michael Serge v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2008-000287; Ruling Date: 06/03/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Rachel Ryals Smith v. State of Mississippi; Neshoba Circuit Court; LC Case #: 10-CR-044-NS-G; Ruling Date: 07/08/2010; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Lee, C.J., Griffis, P.J., Barnes and Russell, JJ., would grant. Order entered.

Darrell Walker v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-34-CR; Ruling Date: 07/21/2010; Ruling Judge: S. Harrison; Disposition: The motion for rehearing is denied. Order entered.

Wilbert Crook a/k/a Wilbert Donnell Crook v. State of Mississippi; Forrest Circuit Court; LC Case #: 09-523-CR; Ruling Date: 08/23/2010; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Barnes and Russell, JJ., would grant. Order entered.

Artis Bolden and Marilyn Bolden, Individually and Marilyn Bolden as Executrix of the Estate of Brandon J. Bolden, on Behalf of the Estate and All the Wrongful Death Beneficiaries of Brandon Bolden, Deceased v. Jamaal L. Murray and Mississippi Farm Bureau Insurance Company, a Mississippi Corporation; Hinds Circuit Court 1st District; LC Case #: 251-09-193; Ruling Date: 09/22/2010; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., would grant. Order entered.

Hemeter Properties, LLC, Peachtree Properties, LLC, Gardner Clark Family, LLC, TR Clark, LLC, Charles M. Hamilton, James Steven Gardner, Adrian Cody Clark, Franklin D. Hemeter, Jr., Stephanie A. Barefoot and James Scott Hemeter v. Reynolds Clark; Wayne Chancery Court; LC Case #: 2008-441; Ruling Date: 09/27/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The motion for rehearing is denied. Fair, J., not participating. Order entered.

Quarter Development, LLC v. Sherry Hollowell and Bonnie Urbanek Scott and The Estate of James E. Urbanek; Lafayette Circuit Court; LC Case #: L09-467; Ruling Date: 06/04/2010; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Timothy Joseph Patterson v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-078-SC-G; Ruling Date: 01/20/2011; Ruling Judge: Marcus Gordon; Disposition: Petition to File Amicus Brief granted. The proposed brief will be accepted for filing. Order entered.

Carlos Wilson v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2010-0452-R; Ruling Date: 12/20/2010; Ruling Judge: Samac Richardson; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Griffis, P.J. and Fair, J., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Irving, P.J. and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion. Ishee, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., and Russell, J.; Barnes, J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: Ishee, J. Votes: Lee, C.J., and Russell, J., Join This Opinion. Barnes, J., Joins This Opinion in Part.

Douglas Robinson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0060-CV K; Ruling Date: 04/26/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Motion to Dismiss denied. Order entered.

James Lee Mack, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-671-02WLK; Ruling Date: 05/19/2011; Ruling Judge: Winston Kidd; Disposition: On the court's own motion Danette Horne is ordered to personally appear before the Mississippi Court of Appeals in Jackson, Mississippi, to show cause why she should not be sanctioned for failure to file a satisfactory transcript in this case. Danette Horne shall personally appear before the Mississippi Court of Appeals on Wednesday, September 19, 2012, at 11:00 a.m. in the courtroom of the Mississippi Court of Appeals. This hearing will be cancelled if the court reporter files a satisfactory transcript on or before September 12, 2012. The Clerk of the Court shall issue summons in this case on Danette Horne to appear at the hearing on September 19, 2012. Order entered.

Stephen Yarbrough v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0111-CV1; Ruling Date: 02/27/2012; Ruling Judge: James Kitchens, Jr.; Disposition: Renewed Motion to Appeal In Forma Pauperis granted. The payment shall be limited to the payment of the necessary fees and costs of appeal. Order entered.

Marvin Perkins v. State of Mississippi; Rankin Circuit Court; LC Case #: 2011-201E; Ruling Date: 12/21/2011; Ruling Judge: John Emfinger; Disposition: On the Court's own motion the appeal is dismissed. All costs of this appeal are assessed to Rankin County. Order entered.

Christopher S. Sobrado v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV11-280-P-PO; Ruling Date: 04/09/2012; Ruling Judge: Paul Funderburk; Disposition: Notice of Appeal accepted as timely filed and the appeal should go forward. Order entered.