09/04/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2005-CA-01586-COA

Velma Payne as Personal Representative of Matthew Smith, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Matthew Smith, Deceased v. Magnolia Healthcare, Inc. d/b/a Arnold Avenue Nursing Home, Foundation Health Services, Inc. and Diane Oltremari; Washington Circuit Court; LC Case #: CI2002-163; Ruling Date: 09/28/2004; Ruling Judge: W. Hines; Majority Opinion: Carlton, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Culbreath Revocable Trust and Quad C. Farms v. Dick S. Sanders, Charlie V. Sanders, Dennis Churchwell and Lynley Churchwell; Marshall Chancery Court; LC Case #: 04-0279(R); Ruling Date: 01/25/2006; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Marshall County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., not participating.

Roberta Louise Ivy Winters, John Everette Winters, Ivy June Winters Peterson, Linda Louise Winters Lavender, Susan Patricia Winters Cowgill and William Douglas Winters v. AmSouth Bank F/K/A Deposit Guaranty National Bank; Lowndes Chancery Court; LC Case #: 94-0583; Ruling Date: 03/15/2006; Ruling Judge: Robert Lancaster; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed. All cost of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Lee, P.J., not participating.

Felix Wynn a/k/a Creep a/k/a Cadillac v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0266-CR; Ruling Date: 05/01/2006; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of Counts I and II, sale of a controlled substance and sentence of sixty years on each count as an habitual offender in the custody of the Mississippi Department of Corrections with sentences to run consecutively, and payment of a $2,000,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J., concurs in result only.

Randy Hariel v. Biloxi HMA, Inc., Biloxi Regional Medical Center and Carl Palumbo, M.D.; Harrison Circuit Court 2nd District; LC Case #: A2402-2004-28; Ruling Date: 12/19/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Second Judicial District of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Carlton, JJ., concur. King, C.J., dissents without separate written opinion. Barnes, J., not participating.

Anthony J. Hudson v. Elizabeth Palmer d/b/a Precision Quick Lube; Robert Palmer; Brierfield Insurance Company; Laurel Leader-Call Newspaper; Community Newspaper Holdings, Inc.; and Brian Livingston; Jones Circuit Court 2nd District; LC Case #: 2005-37-CV3; Ruling Date: 05/23/2006; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jones County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Brandy Magnusen v. Pine Belt Investment Corporation; Pearl River Circuit Court; LC Case #: 2004-0437; Ruling Date: 05/25/2006; Ruling Judge: Michael Eubanks; Majority Opinion: Roberts, J. Disposition: The judgment of the Pearl River County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Hinds County Board of Supervisors and Mississippi Municipal Workers' Compensation Group v. Jay Johnson; Hinds Circuit Court 2nd District; LC Case #: 252-05-29; Ruling Date: 07/05/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Roberts, J. Disposition: The judgment of the Second Judicial District of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Marie Bateman and Lawrence Pelletier d/b/a Magic Wiggler Worm Ranch v. Martin T. Gray, Sr. and Martin T. Gray, Jr.; Hinds Circuit Court 2nd District; LC Case #: 2004-42; Ruling Date: 07/28/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Roberts, J. Disposition: The judgment of the First Judicial District of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Metalloy Corporation v. James Gathings; Lee Circuit Court; LC Case #: CV06-096(G)L; Ruling Date: 09/11/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion, joined by Barnes, J. Dissenting Opinion: Carlton, J. Votes: Barnes, J., joins this opinion.

Danny Lee Williams v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2006-67-B-P2; Ruling Date: 11/02/2006; Ruling Judge: Andrew Baker; Majority Opinion: Roberts, J. Disposition: The judgment of the Panola County Circuit Court of conviction of Count I, gratification of lust, and sentence of fifteen years; Count II, gratification of lust, and sentence of five years to run concurrently with the sentence in Count I; Count III, gratification of lust, and sentence of five years to run concurrently with the sentence in Counts I and II; Count IV, sexual battery, and sentence of five years to run consecutively to the sentences in Counts I, II, and III; Count V, sexual battery, and sentence of five years to run concurrently with the sentence in Count IV; Count VI, sexual battery, and sentence of five years to run concurrently with the sentence in Counts IV and V; Count X, sexual battery, and sentence of five years to run concurrently with the sentences in Counts IV, V, and VI; Count XI, sexual battery, and sentence of five years to run concurrently with the sentences in Counts IV, V, VI, and X; and Count XII, sexual battery, and sentence of five years of post-release supervision to run consecutively to the sentences in Counts IV, V, VI, X, and XI, 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, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Ulysses Bownes a/k/a Ulysses Bowens v. State of Mississippi; Marshall Circuit Court; LC Case #: M-2006-168; Ruling Date: 07/24/2006; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The appeal from the Circuit Court of Marshall County is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Marshall County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Sandra Gunn v. Miyo Heggins; Warren Chancery Court; LC Case #: 2005-046 PR; Ruling Date: 09/08/2005; Ruling Judge: Vicki Barnes; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Warren County denying specific performance and injunctive relief for the appellant is affirmed. The judgment denying appellant damages is reversed and remanded. All costs for this appeal are assessed in equal parts to the appellant and the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Joseph Chris Smith v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0055-CV1; Ruling Date: 05/15/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

William Eugene (Bill) Davis, Sr. v. Dorothy Littleton True, John L. True, Patricia Ann True Schmidt, Mary Juanita True Hegwood, James T. (Jim) True, Janice Elizabeth Davis McGraw and William Eugene (Billy) Davis, Jr.; Yalobusha Chancery Court 1st District; LC Case #: 05-11-0108; Ruling Date: 06/01/2006; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Yalobusha 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, Roberts and Carlton, JJ., concur.

George R. Barton and Betty S. Barton v. Joseph L. Blount, Commissioner and Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2004-857 S/2; Ruling Date: 04/10/2006; Ruling Judge: William Singletary; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Hinds County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., not participating.

Ronnie Mitchener v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0111-CV1; Ruling Date: 09/07/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lowndes County is reversed and remanded for an evidentiary hearing on the issues of involuntary plea and ineffective assistance of counsel. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jonathan M. White a/k/a Jonathan Maurice White v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,129(3); Ruling Date: 10/22/2004; Ruling Judge: Dale Harkey; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of capital murder by depraved heart and sentence of life without the possibility of parole or probation in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., Concur. King, C.J., concurs in result only. Irving, J., not participating.

Harriet Cantrell v. James Green, M.D. and Meridian Orthopaedic Clinic; Lauderdale Circuit Court; LC Case #: 02-CV-075B; Ruling Date: 12/06/2005; Ruling Judge: Robert Bailey; Majority Opinion: Myers, P.J. Disposition: The judgment of the Lauderdale County Circuit Court is reversed and remanded for a new trial. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee, P.J., Irving and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion joined by Chandler and Barnes, JJ. Griffis and Roberts, JJ., not participating. Dissenting Opinion: Carlton, J. Votes: Chandler and Barnes, JJ., join this opinion.

Fredrick Payne v. Mississippi Department of Mental Health; Hinds Circuit Court 1st District; LC Case #: 251-04-1313; Ruling Date: 02/01/2006; Ruling Judge: W. Yerger; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bobbie Hosey, as Mother and Legal Guardian of Danyel Hosey; Estella Pearson, Individually and as Mother and Legal Guardian of Alajah Pearson; and Daniel Parker, Individually v. Wayne Mediamolle, Alfonso Realty, Inc. and Coldwell Banker Alfonso Realty, Inc.; Harrison Circuit Court 1st District; LC Case #: A-2401-02-772; Ruling Date: 03/10/2006; Ruling Judge: Kosta Vlahos; 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 appellants. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jerry L. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 11,844/11,845; Ruling Date: 05/15/2005; Ruling Judge: Samac Richardson; Majority Opinion: King, C.J. Disposition: The judgment of the Rankin County Circuit Court denying post-conviction relief is affirmed. 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.

William T. LaRue as the Representative of the Estate of Ike P. LaRue, Jr., Deceased v. Maritta C. LaRue (Cutrer); Jackson Chancery Court; LC Case #: 2003-0133 GB; Ruling Date: 11/02/2004; Ruling Judge: Glenn Barlow; Disposition: The appellant/cross-appellee's motion for rehearing is denied. Barnes, J., not participating. Order entered.

Lajuane Porter v. State of Mississippi; Marshall Circuit Court; LC Case #: M2005-382; Ruling Date: 08/05/2005; Ruling Judge: Andrew Howorth; Disposition: The appellant's motion for rehearing is denied. Order entered.

Public Employees' Retirement System v. Sara G. McClure; Hinds Circuit Court 1st District; LC Case #: 251-02-0042CIV; Ruling Date: 08/22/2005; Ruling Judge: Winston Kidd; Disposition: The appellant's motion for rehearing is denied. Griffis, J., would grant. Order entered.

Shelton Wilder v. Board of Trustees of the Hazlehurst City School District; Copiah Chancery Court; LC Case #: 2005-072; Ruling Date: 12/08/2005; Ruling Judge: Edward Patten, Jr.; Disposition: The appellant's motion for rehearing is denied. Order entered.

Mississippi Department of Employment Security v. Product Connections, LLC; Hinds Circuit Court 1st District; LC Case #: 251-05-763 CIV; Ruling Date: 12/13/2005; Ruling Judge: Bobby DeLaughter; Disposition: The appellant's motion for rehearing is denied. King, C.J. and Chander, J., not participating.

Robert W. Quinn and Cherie Quinn v. President Broadwater Hotel, LLC; Harrison Circuit Court 2nd District; LC Case #: 99-177; Ruling Date: 10/11/2004; Ruling Judge: Kosta Vlahos; Disposition: The appellants' motion for rehearing is denied. Order entered.

Kenneth Wayne Keys a/k/a Kenneth Wayne Keyes v. State of Mississippi; Perry Circuit Court; LC Case #: 5036; Ruling Date: 12/16/2003; Ruling Judge: Robert Helfrich; Disposition: The appellant's motion for rehearing is denied. Order entered.

Lucy Bester on Behalf of Her Minor Child, Angela J. Bester, and Annie Williams as Next Friend of the Minor Child, Latedra S. Williams v. Glenn Clark d/b/a Clark Texaco; Noxubee Circuit Court; LC Case #: 2004-0006; Ruling Date: 09/29/2005; Ruling Judge: Lee Howard; Disposition: The appellants' motion for rehearing is denied. Barnes, J., not participating. Order entered.

Felicia Wells and Reginald Wells v. James (Marty) Tucker, M.D., Individually and in the Scope of His Employment and/or Agency for Jackson Healthcare for Women, P.A.; Rankin Circuit Court; LC Case #: 2002-20; Ruling Date: 11/14/2005; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Rankin County Circuit Court is reversed and remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Irving and Ishee, JJ., concur. Griffis, J., dissents with separate written opinion, joined by Chandler and Barnes, JJ. Lee, P.J. and Carlton, J., not participating. Dissenting Opinion: Griffis, J. Votes: Chandler and Barnes, JJ., join this opinion.

David Barnes v. State of Mississippi; Covington Circuit Court; LC Case #: 2001-51K; Ruling Date: 02/27/2006; Ruling Judge: Robert Evans; Disposition: The appellant's motion for rehearing is denied. Order entered.

James A. Peacock a/k/a Jimmy Peacock v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CV2005-0107BY2; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Disposition: The appellant's motion for rehearing is denied. Order entered.

Joey Sellars v. State of Mississippi; Clay Circuit Court; LC Case #: 2005-0123; Ruling Date: 04/11/2006; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. Order entered.