09/03/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2011-KA-00938-COA

Darnell Winn a/k/a Nell v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0174; Ruling Date: 06/03/2011; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Fair, J. Disposition: The judgment of the Washington County Circuit Court of conviction of aggravated assault and sentence of eight years in the custody of the Mississippi Department of Corrections, with five years suspended, and five years of supervised probation, and to pay a $4,000 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, Carlton, Maxwell and James, JJ., Concur.

Joel Pablo Gonzalez a/k/a Joel Pablo Gonzales a/k/a "Martin" a/k/a Joel P. Gonzales v. State of Mississippi; Madison Circuit Court; LC Case #: 2011-459; Ruling Date: 12/13/2011; Ruling Judge: John Emfinger; Majority Opinion: Fair, J. Disposition: The judgment of the Madison County Circuit Court of conviction of possession of five or more kilograms of marijuana and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Sharon Lacy v. Jackson State University and Mississippi Institutions of Higher Learning; Mississippi Workers' Compensation Commission; LC Case #: 0907883-K-3638-E-21; Ruling Date: 05/21/2012; Majority Opinion: Fair, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission 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 James, JJ., Concur.

Sheldon J. Perryman a/k/a "Short Dog" a/k/a "Weasel" a/k/a Sheldon Jerome Perryman v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-11-0067; Ruling Date: 01/18/2012; Ruling Judge: Charles Webster; Majority Opinion: Maxwell, J. Disposition: The judgment of the Coahoma County Circuit Court dismissing the motion for post-conviction relief is reversed; the sentence is vacated; and this case is remanded for resentencing. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result.

Jeremy Clark a/k/a Jeremy D. Clark v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0490; Ruling Date: 12/13/2010; Ruling Judge: Samac Richardson; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court is reversed, and this case is remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Griffis, P.J., Roberts, Carlton and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., and James, J., Concur in Part and Dissent in Part Without Separate Written Opinion. Maxwell, J., Dissents Without Separate Written Opinion.

James Ratcliff a/k/a James Edward Ratcliff a/k/a Eddie Rankin v. State of Mississippi; Forrest Circuit Court; LC Case #: C112-0060; Ruling Date: 06/26/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest County Circuit Court 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 Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Christopher Michael Carpenter a/k/a Christopher Carpenter v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-10-00204; Ruling Date: 01/20/2012; Ruling Judge: John Gargiulo; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of Counts I and II, touching of a child for lustful purposes, and sentences of fifteen years for each count, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections, with fifteen years suspended and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Willie Marshall, Jr. a/k/a Willie Marshall v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-0108; Ruling Date: 02/02/2012; Ruling Judge: Charles Webster; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Bolivar County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Nancy Downey a/k/a Nancy Pruitt Downey a/k/a "Cookie" v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-305-KR2; Ruling Date: 02/29/2012; Ruling Judge: Billy Landrum; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of Count I, burglary of a dwelling, and Count II, arson, and sentences of twelve years on each count, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are to be assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

John T. Graham a/k/a John Graham a/k/a John Thompson Graham v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0202CRC; Ruling Date: 11/22/2010; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Warren County Circuit Court of conviction of sexual battery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with eighteen years to serve and seven years suspended, followed by five years of post-release supervision, and to pay a $5,000 fine, and to register as a sex offender, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result.

Tom Christmas and Consandra J. Christmas v. Exxon Mobil Corporation, A New Jersey Corporation; Wilkinson Circuit Court; LC Case #: 08-0112; Ruling Date: 06/23/2011; Ruling Judge: Lillie Sanders; Disposition: The motion for rehearing is denied. Barnes and Carlton, JJ., would grant.

James Michael Myrick v. Sheila B. Myrick; Jones Chancery Court 2nd District; LC Case #: 2009-0583; Ruling Date: 06/08/2011; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The motion for rehearing is denied. Ishee and James, JJ., would grant.

Maria Avare v. Gulfside Casino Partnership d/b/a Island View Casino Resort; Harrison Circuit Court 1st District; LC Case #: A2401-2008-490; Ruling Date: 09/13/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. James, J., not participating.

Christal J. Carpenter v. Robert L. Lyles a/k/a Robert Layne Lyles; DeSoto Chancery Court; LC Case #: 08-08-1827; Ruling Date: 11/02/2011; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The motion for rehearing is denied. Carlton and James, JJ., would grant.

Charles Green v. Mississippi Department of Corrections and Christopher Epps, Commissioner, James M. Holman, Superintendent, and Chandra Berryman, Legal Claims Adjudicator; Rankin Circuit Court; LC Case #: 2011-151-E; Ruling Date: 07/28/2011; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Druscilla Thomas a/k/a Druscilla Morey v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0369; Ruling Date: 12/14/2011; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied.

Nell Cornelius v. Dr. Donald W. Benefield, Individually and as Shareholder of Benefield Eyecare, PC; Harrison Circuit Court 1st District; LC Case #: A2401-2009-00051; Ruling Date: 12/21/2011; Ruling Judge: John Gargiulo; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Barnes, Ishee, Roberts and Fair, JJ., Concur. Maxwell, J., Specially Concurs With Separate Written Opinion, Joined by Roberts and Fair, JJ. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Griffis, P.J.; James, J. Joins In Part. Specially Concurring Opinion: Maxwell, J. Votes: Roberts and Fair, JJ., Join This Opinion. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., and Griffis, P.J., Join This Opinion. James, J., Joins This Opinion in Part.

Benjamin D. Alexander v. Newton County, Mississippi; Newton Circuit Court; LC Case #: 08-CV-222-NWG; Ruling Date: 12/15/2011; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied.

Dexter Watson v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2011-51; Ruling Date: 01/19/2012; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. James, J., not participating.

Antonio Griffith a/k/a Antonio Griffin v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2010-071P; Ruling Date: 07/28/2011; Ruling Judge: Anthony Mozingo; Disposition: The motion for rehearing is denied.

Christopher Thomas Lewis a/k/a Christopher Lewis v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-428; Ruling Date: 01/26/2012; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied.

Bettye Logan v. Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, Pennsylvania; Mississippi Workers' Compensation Commission; LC Case #: 04 13389-J-1339-A; Ruling Date: 02/06/2012; Disposition: The motion for rehearing is denied. Carlton, J., would grant.