09/02/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2007-CP-01092-COA

Derek A. Thompson a/k/a Booty v. State of Mississippi; Carroll Circuit Court 2nd District; LC Case #: 2007-007-CV2L; Ruling Date: 07/06/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Carroll County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Carroll County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Larry Carey v. State of Mississippi; Tunica Circuit Court; LC Case #: CR 2004-0014; Ruling Date: 07/20/2006; Ruling Judge: Kenneth Thomas; Majority Opinion: Ishee, J. Disposition: The judgment of the Tunica County Circuit Court of conviction of armed robbery is affirmed, and the sentence of life imprisonment as a habitual offender in the custody of the Mississippi Department of Corrections is reversed and remanded for resentencing. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Roberts and Carlton, JJ., concur. Griffis, J., specially concurs without separate written opinion. Irving, J., specially concurs with separate written opinion joined by Lee, P.J., Chandler, Griffis and Roberts, JJ. Specially Concurring Opinion: Irving, J. Votes: Lee, P.J., Chandler, Griffis and Roberts, JJ., join this opinion.

City of Hernando, Mississippi v. North Mississippi Utility Company; DeSoto Chancery Court; LC Case #: 01-7-972; Ruling Date: 11/15/2006; Ruling Judge: Melvin McClure, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Desoto County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Michael Goldman v. State of Mississippi; Madison Circuit Court; LC Case #: 2004-0639; Ruling Date: 02/23/2006; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of Count I, burglary of a dwelling, and sentence of twenty-five years; Count II, sexual battery, and sentence of thirty years to run concurrently to the sentence in Count I; and Count III, aggravated assault, and sentence of twenty years to run consecutively to the sentences in Counts I and II, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., concurs in part and in the result without separate written opinion.

Deborah Fierro Thurman (formerly Johnson) v. Glen P. Johnson; Harrison Chancery Court 2nd District; LC Case #: C2402-04-00585-1; Ruling Date: 08/18/2006; Ruling Judge: James Persons; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Nathaniel Thompson v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR-2007-10-A; Ruling Date: 06/04/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Claiborne County of conviction of burglary of a building and sentence of six years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Claiborne County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Patricia Howell v. Garden Park Community Hospital and Unnamed Employees of Garden Park Community Hospital; Harrison Circuit Court 1st District; LC Case #: A2401-2006-407; Ruling Date: 04/04/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., not participating.

Robert Lee Kimble v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-433-CV-M; Ruling Date: 09/20/2007; Ruling Judge: C. Morgan, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Grenada County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Derrick Luckett v. State of Mississippi; Rankin Circuit Court; LC Case #: 17195; Ruling Date: 06/08/2007; Ruling Judge: William Chapman, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Rankin County is reversed and rendered. All costs of this appeal are assessed to Rankin County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Reginald Vernell Rogers v. State of Mississippi; Warren Circuit Court; LC Case #: 05,006SCRP; Ruling Date: 10/14/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. King, C.J., and Chandler, J., would grant. Order entered.

Rochester Eugene Presley a/k/a Ronald Starks a/k/a Zee Zee Zelazurra a/k/a Zee Zee Zela Zuro v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-550-CR; Ruling Date: 04/06/2006; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Leslie W. Smith v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR02-114; Ruling Date: 12/16/2005; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Order entered.

Charles Douglas Owens v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-06-00017; Ruling Date: 12/29/2006; Ruling Judge: Kosta Vlahos; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of the Conservatorship of Emma Jane Hester: Emma Jane Hester v. David Hester, et al.; Franklin Chancery Court; LC Case #: 2006-163; Ruling Date: 01/04/2007; Ruling Judge: Debbra Halford; Disposition: The motion for rehearing is denied. Order entered.

Thomas Woodrow Farris, Sr. and Charlotte J. Kelly v. Mississippi Real Estate Commission; DeSoto Circuit Court; LC Case #: CV2004-0108CD; Ruling Date: 01/23/2007; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Sidney Hill v. Mel, Inc., d/b/a Pure Water Solutions and Royal Indemnity; Rankin Circuit Court; LC Case #: 2006-347(C); Ruling Date: 02/16/2007; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.