09/04/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L., J.
X  2017-KA-00629-COA

Willie D. Triplett v. State of Mississippi; Neshoba Circuit Court; LC Case #: 16-CR-0126-NS-CC; Ruling Date: 03/14/2017; Ruling Judge: Christopher Collins; Majority Opinion: Wilson, J. Disposition: Affirmed. Neshoba County taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Greenlee and Tindell, JJ., Concur. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion.

Mathes Electric Supply Co., Inc. v. Can't Be Beat Fence Company, LLC and International Fidelity Insurance Company; Hancock Circuit Court; LC Case #: 10-0760; Ruling Date: 09/09/2016; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Barnes, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Fair, Wilson, Greenlee, Westbrooks and Tindell, JJ., Concur.

Jarvis Brown v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2014-0025; Ruling Date: 10/27/2016; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Fair, Wilson, Greenlee, Westbrooks and Tindell, JJ., Concur.

Douglas Lee Tomlin a/k/a Douglas Tomlin v. State of Mississippi; Jackson Circuit Court; LC Case #: 2016-00,099(2); Ruling Date: 11/09/2016; Ruling Judge: Kathy Jackson; Majority Opinion: Irving, P.J. Disposition: Affirmed. Jackson County taxed with costs of appeal. Votes: Lee, C.J., Griffis, P.J., Barnes, Carlton, Fair, Wilson, Greenlee, Westbrooks and Tindell, JJ., Concur.

Mississippi Division of Sons of Confederate Veterans v. University of Mississippi; Lafayette Circuit Court; LC Case #: l16-381; Ruling Date: 03/22/2017; Ruling Judge: John Luther; Majority Opinion: Irving, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lee, C.J., Greenlee, Westbrooks and Tindell, JJ., Concur. Griffis, P.J., Barnes, Fair and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Barry D. Ware a/k/a Barry Dewayne Ware a/k/a Barry Ware v. State of Mississippi; Attala Circuit Court; LC Case #: 16-0143-CV-L; Ruling Date: 05/11/2017; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Irving, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lee, C.J., Griffis, P.J., Barnes, Carlton, Fair, Greenlee, Westbrooks and Tindell, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.

Samuel Terrail Young Jr. v. State of Mississippi; Madison Circuit Court; LC Case #: 2016-0240 ; Ruling Date: 12/06/2016; Ruling Judge: John Emfinger; Majority Opinion: Lee, C.J. Disposition: Affirmed. Madison County taxed with costs of appeal. Votes: Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Greenlee, Westbrooks and Tindell, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.

Lori Griffin a/k/a Lori Ann Griffin a/k/a Lori A. Griffin a/k/a Lori Ann Searcy v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0013-CR1K; Ruling Date: 03/15/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Carlton and Westbrooks, JJ., would grant.

Greenwood Leflore Hospital v. Mark Anthony Bennett as the Administrator of the Estate of Jacqueline Deal, Deceased; Leflore Circuit Court; LC Case #: 2009-0076 CICI; Ruling Date: 08/21/2015; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Carlton and Wilson, JJ., would grant.

Shannon Craig Parker a/k/a Shannon C. Parker a/k/a Shannon Parker v. State of Mississippi; Forrest Circuit Court; LC Case #: 16-370W; Ruling Date: 09/27/2016; Ruling Judge: Jon Weathers; Disposition: The motion for rehearing is denied. Irving, P.J., Carlton, Westbrooks and Tindell, JJ., would grant.

Leslie Danielle Dewitt a/k/a Leslie D. Dewitt v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2014-019; Ruling Date: 10/17/2016; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied.

ENSCOR, LLC, Jeffrey C. Smith and Cynthia H. Smith, Individually v. Ed Morgan, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: G2016-930; Ruling Date: 11/17/2016; Ruling Judge: William Singletary; Disposition: The motion for rehearing is denied.

Greg Massey, as Personal Representative and for and on Behalf of the Estate and Wrongful Death Beneficiaries of Carol Massey, Deceased v. Oasis Health & Rehab of Yazoo City, LLC d/b/a Oasis Health & Rehab of Yazoo City and Coretta Carter; Yazoo Circuit Court; LC Case #: 2015-CI61; Ruling Date: 11/09/2016; Ruling Judge: Jannie Lewis; Majority Opinion: Wilson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair and Tindell, JJ., Concur. Greenlee, J., Specially Concurs With Separate Written Opinion, Joined by Irving, P.J., Barnes and Tindell, JJ.; Westbrooks, J., Joins In Part. Westbrooks, J., Concurs in Part and in the Result Without Separate Written Opinion. Specially Concurring Opinion: Greenlee, J. Votes: Irving, P.J., Barnes and Tindell, JJ., Join This Opinion. Westbrooks, J., Joins This Opinion in Part.

Alfred Brooks v. State of Mississippi; George Circuit Court; LC Case #: 20-2015- 10,157(3); Ruling Date: 01/31/2017; Ruling Judge: Dale Harkey; Disposition: The State's motion to dismiss this appeal is denied without prejudice. The State's appellee's brief is due within thirty days of the entry of this order. Alfred Brooks's pro se motion for a default judgment is denied. Order entered.

Kelly Mann a/k/a Kelly M. Mann v. State of Mississippi; Leake Circuit Court; LC Case #: 17-CV-031-LE-CC; Ruling Date: 02/21/2017; Ruling Judge: Christopher Collins; Disposition: The motion for rehearing is denied.

George Huey v. RGIS Inventory Specialists and Fidelity & Guaranty Insurance Company; LC Case #: 0904755-K-7478; Ruling Date: 03/22/2017; Consolidated with 2013-CT-00310-COA George Huey v. RGIS Inventory Specialists and Fidelity & Guaranty Insurance Company; Mississippi Workers' Compensation Commission; LC Case #: 09-04755-K-7478-E; Ruling Date: 01/24/2013; ; Disposition: The motion for rehearing is denied.

Clifford C. Frisby and Oasis Real Estate Investment, Inc. v. Ferrell "BJ" Warden; Harrison Chancery Court 1st District; LC Case #: 15-CV- 652(1); Ruling Date: 10/04/2016; Ruling Judge: Jennifer Schloegel; Disposition: The motion for rehearing is denied.

Eric LaQuinne Brown a/k/a Eric L. Brown a/k/a Eric Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV00-113-G-PO; Ruling Date: 04/10/2017; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied.

Vadell Johnson a/k/a Vadell C. Johnson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-101-CR2; Ruling Date: 05/15/2017; Ruling Judge: Linda Coleman; Disposition: Vadell Johnson's motion for leave to seek an evidentiary hearing in the trial court is denied without prejudice. The State's motion to dismiss Johnson's appeal as untimely and strike his motion for an evidentiary hearing is denied. The Court finds good cause to suspend the appeal deadline so Johnson's appeal can proceed. The briefing schedule shall resume. The State's responsive brief is due within thirty days from the entry of this order. Order entered.