08/30/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-01876-COA

Suzette Smith v. The Waggoner's Trucking Corporation and Antonio Watson; Washington Circuit Court; LC Case #: CI-2007-232; Ruling Date: 11/03/2009; Ruling Judge: Richard Smith; Majority Opinion: Maxwell, J. Disposition: The judgment of the Washington County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Russell, JJ., concur. Carlton, J., dissents without separate written opinion.

Russell Dale Rose, Jr. v. Debbie Upshaw; Rankin Chancery Court; LC Case #: 62,343; Ruling Date: 02/26/2010; Ruling Judge: Dan Fairly; Majority Opinion: Maxwell, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Delia Shepard, Individually and as Administratrix of the Estate of Rodney Stowers, Deceased v. Prairie Anesthesia Associates, Russell Linton, M.D., and Golden Triangle Regional Medical Center; Lowndes Circuit Court; LC Case #: 94-058-CV1; Ruling Date: 06/25/2009; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Myers, Ishee, Roberts, Maxwell and Russell, JJ., concur. Irving, P.J., dissents with separate written opinion joined by Lee, C.J. Barnes, J., not participating. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., joins this separate written opinion.

Jerry Tyrone Parker v. State of Mississippi; Rankin Circuit Court; LC Case #: 20,257; Ruling Date: 10/21/2010; Ruling Judge: Samac Richardson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Akbar F. Brinsmade v. City of Biloxi, Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-08-280; Ruling Date: 10/26/2009; Ruling Judge: Lisa Dodson; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Roberts, Carlton, Maxwell and Russell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion.

Lonnie Young a/k/a Xmoe Dragon v. State of Mississippi; Wayne Circuit Court; LC Case #: 09-32-K; Ruling Date: 01/13/2010; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, J. Disposition: The judgment of the Wayne County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Wayne County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Tyrone Hairston v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0001-CR1; Ruling Date: 03/02/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of grand larceny and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for probation or parole is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

All American Processing, Inc. v. Lawrence M. Ruckdeschel and Katherine R. Ruckdeschel; Jackson Chancery Court; LC Case #: 2008-2769; Ruling Date: 09/22/2009; Ruling Judge: Jaye Bradley; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Carlton, Maxwell and Russell, JJ., concur. Roberts, J., concurs in part and in the result without separate written opinion.

Harry Baker Smith Architects II, PLLC v. Sea Breeze I, LLC and Roy Anderson Corporation; Harrison Chancery Court 2nd District; LC Case #: C2402-09-764(3); Ruling Date: 03/31/2010; Ruling Judge: James Persons; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Corey Parker v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2010-87-CV9; Ruling Date: 11/05/2010; Ruling Judge: Billy Landrum; Majority Opinion: Ishee, J. Disposition: The judgment of the Jones County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Aundre Battle v. Tony Cooper, Todd Hudson and City of Indianola, Mississippi; Sunflower Circuit Court; LC Case #: 2009-0042-CI; Ruling Date: 04/09/2009; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Barnes, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., not participating.

In Re: The Estate of Eloise W. Dabney, Deceased, and The Estate of Mary Dabney Nicholls,Deceased: Freddie Dabney Hataway v. David H. Dabney, Dabney Nicholls Haugh, Kristi Tedder, Wendy Nicholls Wilhoit, Robert Richmond, Matt Richmond, Dana S. Ellis, Douglas Sevier, William M. Bost, Jr., The Dabney Company, L.P. and The Dabney Company L.L.C.; Warren Chancery Court; LC Case #: 96-141PR; Ruling Date: 10/30/2009; Ruling Judge: William Willard, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Warren County 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 Russell, JJ., concur.

Carl James Caviness v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2401-97-729; Ruling Date: 04/13/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Tommy Stewart v. State of Mississippi; Lincoln Circuit Court; LC Case #: 09-185-LT; Ruling Date: 06/21/2010; Ruling Judge: Michael Taylor; Majority Opinion: Myers, J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years, with ten years suspended and five years of post-release supervision; and Count II, shooting into a dwelling, and sentence of five years, with the sentences in Counts I and II to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Justin Vanques Thomas v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2008-0505CD; Ruling Date: 04/03/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to DeSoto County. Votes: Griffis, P.J., Myers, Ishee, Roberts, Carlton and Russell, JJ., concur. Irving, P.J., Barnes and Maxwell, JJ., concur in part and in the result.

Anthony P. Jones a/k/a Anthony Prenell Jones a/k/a Anthony Parnell Jones v. State of Mississippi; Forrest Circuit Court; LC Case #: 09-135CR; Ruling Date: 12/14/2009; Ruling Judge: Robert Helfrich; Majority Opinion: Lee, C.J. Disposition: The judgment of the Forrest County Circuit Court of conviction of armed robbery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., concurs in part and in the result.

In the Matter of T.E.C. a Minor: Christina Ann Pulkinen v. Timothy Shane Collum; Webster Chancery Court; LC Case #: 2006-0210-C; Ruling Date: 02/09/2010; Ruling Judge: Dorothy Colom; Majority Opinion: Lee, C.J. Disposition: The judgment of the Webster County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Joseph Johnett Wilson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-401; Ruling Date: 07/30/2009; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Griffis, P.J., Ishee and Roberts, JJ., would grant. Russell, J., not participating. Order entered.

Arvind Kumar, Individually and d/b/a Holiday Inn of Columbus,Tony Savage and Tracey Savage v. Shanna Loper; Lowndes Circuit Court; LC Case #: 2008-0156-CV1; Ruling Date: 10/29/2009; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Kenneth L. Jackson v. State of Mississippi; Pike Circuit Court; LC Case #: 09-109-PKT; Ruling Date: 09/21/2009; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Leon Felix, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0046-CI-P; Ruling Date: 04/21/2010; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Carl Holder v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2010-52-CVS; Ruling Date: 05/27/2010; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.