Mississippi Court of AppealsHand Down List
September 4, 2012
09/04/2012 - Hand Down and published opinions in WordPerfect/ZIP format
Russell, Ermea J.
X 2010-CA-01288-COA
Jeffery Scott Lawrence a/k/a Jeffrey Scott Lawrence v. State of Mississippi; Jackson Circuit Court; LC Case #: 2001-00,194(1); Ruling Date: 12/17/2008; Ruling Judge: Robert Krebs; Majority Opinion: Russell, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.
Ishee, David Michael
X 2011-CP-00214-COA
Sylvester Bell a/k/a Bell Sylvester v. State of Mississippi; Tunica Circuit Court; LC Case #: 2009-0314-KLT; Ruling Date: 01/18/2011; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Tunica County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tunica County. Votes: Lee, C.J., Griffis, P.J., Barnes, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Roberts, J., Concurs in Result Only Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.
Ishee, David Michael
X 2011-CA-00578-COA
Santanu Som, D.O. v.The Board of Trustees of the Natchez Regional Medical Center and the Natchez Regional Medical Center; Adams Chancery Court; LC Case #: C#2009-620; Ruling Date: 03/31/2011; Ruling Judge: E. Davis; Majority Opinion: Ishee, J. Disposition: The judgment of the Adams County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Russell and Fair, JJ., Concur. Irving, P.J., Roberts and Maxwell, JJ., Concur in Part and in the Result. Barnes and Carlton, JJ., Concur in Result Only.
Ishee, David Michael
X 2011-KA-00782-COA
Larry Chapman v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6439; Ruling Date: 03/11/2011; Ruling Judge: Jannie Lewis; Majority Opinion: Ishee, J. Disposition: The judgment of the Humphreys County Circuit Court of conviction of Counts I and II, shooting into an occupied motor vehicle; Counts III and IV, aggravated assault; Count V, murder; and Count VIII, conspiracy; and sentences of five years each on Counts I and II; fifteen years each on Counts III and IV; life on Count V; and five years on County VIII; with the sentences in Counts I and II to run concurrently to each other but consecutively to the sentences in all other counts; with the sentences in Counts III and IV to run concurrently to each other but consecutively to the sentences in all other counts; with the sentence in Count V to run consecutively to the sentences in all other counts; and with the sentence in Count VIII to run consecutively to the sentences in all other counts, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.
Ishee, David Michael
X 2011-CP-01156-COA
Eric Pepper a/k/a Eric John Pepper v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0343-CVK; Ruling Date: 07/08/2011; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Oktibbeha County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.
Griffis, T. Kenneth
X 2010-CA-02096-COA
Dennis L. Pearson v. Patricia S. Pearson Browning; Jackson Chancery Court; LC Case #: 2001-2194 NH; Ruling Date: 11/18/2010; Ruling Judge: D. Harris, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Jackson County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., Concur. Fair, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.
Griffis, T. Kenneth
X 2011-KA-00906-COA
Charlie Blount a/k/a Charlie Blunt a/k/a Charlie Blout v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-806; Ruling Date: 04/15/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of motor-vehicle theft, and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.
Irving, Tyree
X 2011-CA-00310-COA
Hubert Patton, Jr. a/k/a Hubert Patten, Jr. v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2010-0348-E; Ruling Date: 12/20/2010; Ruling Judge: Samac Richardson; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Madison County denying the motion for post-conviction relief 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.
EN BANC
2010-CA-00036-COA
Leigh Mitchell v. David Barnes; Hinds Circuit Court 1st District; LC Case #: 251-04-768 CIV; Ruling Date: 11/16/2009; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Russell, J., would grant. Order entered.
EN BANC
2010-KA-01156-COA
Larry N. Jenkins, Jr. v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-064-CR2; Ruling Date: 06/15/2010; Ruling Judge: Kenneth Thomas; Disposition: The motion for rehearing is denied. Irving, P.J., and Carlton, J., would grant. Order entered.
EN BANC
2010-CA-01693-COA
Jerry M. Stennett, Jr. v. Luann Roberson Dawsey; Harrison Chancery Court 1st District; LC Case #: 03-00358-4; Ruling Date: 09/03/2010; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is denied. Carlton, J., would grant.
EN BANC
XXX 2010-CA-01755-COA
Hovas Construction, Inc., a Mississippi Corporation v. Board of Trustees of Western Line Consolidated School District; Washington Circuit Court; LC Case #: 2009-174-CI; Ruling Date: 11/18/2010; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are assessed to appellant. Votes: Lee, C.J., Irving, P.J., and Fair, J., Concur. Maxwell, J., Specially Concurs With Separate Written Opinion, Joined by Roberts and Fair, JJ. Roberts, J., Concurs in Part Without Separate Written Opinion. Griffis, P.J., Dissents With Separate Written Opinion, Joined by Barnes, Ishee and Carlton, JJ. Specially Concurring Opinion: Maxwell, J. Votes: Roberts and Fair, JJ., Join This Opinion. Dissenting Opinion: Griffis, P.J. Votes: Barnes, Ishee and Carlton, JJ., Join This Opinion.
EN BANC
2010-CA-01857-COA
Equifax, Inc. and Equifax Credit Information Services, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2009-884-T/1; Ruling Date: 11/04/2010; Ruling Judge: J. Thomas; Disposition: The motion for rehearing is denied. Order entered.
EN BANC
2011-CP-01260-COA
Ricky Scruggs a/k/a Rickey Scruggs v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-263CD; Ruling Date: 07/12/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.