09/05/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2005-CA-01085-COA

Raymond H. Burdsal v. Marshall County, Mississippi; Marshall Chancery Court; LC Case #: 04-0100; Ruling Date: 05/07/2005; Ruling Judge: Glenn Alderson; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Marshall County is reversed and remanded. All costs of this appeal are assessed to Marshall County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Roberts, JJ., concur. Irving, J., concurs in result only.

Robert Earl Andrews v. State of Mississippi; Marion Circuit Court; LC Case #: 2005-0070P; Ruling Date: 03/31/2005; Ruling Judge: R. Prichard, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Marion County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Robert H. Williams and any unknown Heirs-at-Law of Travis and Florence Williams v. The Estate of John Horace Williams, Deceased, by Gloria Fairley, Executrix; Stone Chancery Court; LC Case #: C6601 02-0234-1; Ruling Date: 02/25/2005; Ruling Judge: James Persons; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Stone County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Antonio Harris v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0227; Ruling Date: 07/29/2004; Ruling Judge: Richard Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Leflore County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Consimeon Gross v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2004-0104CR; Ruling Date: 04/22/2005; Ruling Judge: C. Morgan, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Montgomery County of conviction in Count I of possession of less than one kilogram but more than one ounce of marihuana with intent to distribute enhanced by possession of a firearm and sentence of a term of twenty years in the custody of the Mississippi Department of Corrections; in Count II of possession of cocaine with intent to distribute enhanced by possession of a firearm and sentence of a term of twenty years in the custody of the Mississippi Department of Corrections, said sentence to run consecutively to the sentence imposed in Count I; in Count III of manufacture of more than one ounce of marihuana but less than one kilogram enhanced by possession of a firearm and sentence of a term of three years in the custody of the Mississippi Department of Corrections; in Count IV of possession of methylenedioxymethamphetamine enhanced by possession of a firearm and sentence of a term of eight years in the custody of the Mississippi Department of Corrections; and in Count V of possession of heroin enhanced by possession of a firearm and sentence of a term of eight years in the custody of the Mississippi Department of Corrections, the sentences imposed in Counts III, IV, and V to run concurrently to the sentences imposed in Counts I and II, is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Shanks v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-204-KR2; Ruling Date: 09/08/2004; Ruling Judge: Billy Landrum; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Jones County of conviction for possession of marijuana, more than one kilogram but less than five kilograms, and sentence of twenty-four years 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 Roberts, JJ., concur.

In Re: Conservatorship of Virginia B. Cook: Camille C. Robinson v. John B. Cook, Jr., as the Personal Representative of John B. Cook, Sr., Deceased, and Virginia B. Cook; Warren Chancery Court; LC Case #: 2003-077 PR; Ruling Date: 10/18/2004; Ruling Judge: Jane Weathersby; Consolidated with 2005-CA-00395-COA In Re: Conservatorship of Virginia B. Cook: Camille C. Robinson v. John B. Cook, Jr., as the Personal Representative of John B. Cook, Sr., Deceased, and Virginia B. Cook; Warren Chancery Court; LC Case #: 2003-077PR; Ruling Date: 12/14/2004; Ruling Judge: Jane Weathersby; Majority Opinion: Southwick, J. Disposition: The judgment of the Warren County Chancery 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 Roberts, JJ., concur.

John Thomas Scott v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR03-257; Ruling Date: 07/29/2004; Ruling Judge: Paul Funderburk; Majority Opinion: Southwick, J. Disposition: The judgment of the Pontotoc County Circuit Court of conviction of Count I murder and sentence of life; Count II murder and sentence of life; Count III possession of a firearm by a convicted felon and sentence of three years all in the custody of the Mississippi Department of Corrections as a habitual offender, with all sentences to run consecutively, is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Daisy D. Joiner v. Edward (Ed) K. Phillips, M.D. and Radiological Group, P.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-832CIV; Ruling Date: 03/01/2005; Ruling Judge: Tomie Green; Majority Opinion: Southwick, J. Disposition: The judgment of the Hinds 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 Roberts, JJ., concur.

Marilyn S. Cooper v. Mississippi Department of Rehabilitation Services and Mississippi State Agencies Workers' Compensation Trust; Lauderdale Circuit Court; LC Case #: 04-CV-076(B); Ruling Date: 04/18/2005; Ruling Judge: Robert Bailey; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Lauderdale County affirming the decision of the Workers' Compensation Commission 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 and Ishee, JJ., concur. Roberts, J., not participating.

Paula Rankins v. State of Mississippi; Tunica Circuit Court; LC Case #: 2004-0274; Ruling Date: 06/14/2005; Ruling Judge: Larry Lewis; Majority Opinion: Southwick, J. Disposition: The appeal from the judgment of the Circuit Court of Tunica County is dismissed as moot. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

George E. Stewart v. Teresa A. Stewart; Clay Chancery Court; LC Case #: 2004-0105-C; Ruling Date: 03/01/2005; Ruling Judge: Dorothy Colom; Majority Opinion: Lee, P.J. Disposition: The judgment of the Clay County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Binswanger Mirror and Travelers Insurance Company v. William E. Wright; Grenada Circuit Court; LC Case #: 2005-194-CV-L; Ruling Date: 09/19/2005; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Grenada County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

In the Interest of: L. C. A., a Minor; Jones Youth Court 2nd District; LC Case #: 34-YC-2004-D-23-2(13472) ; Ruling Date: 01/26/2005; Ruling Judge: Gaylon Harper; Majority Opinion: Roberts, J. Disposition: The judgment of the Jones County Youth Court is affirmed and remanded for a new dispositional hearing which excludes placement in a state-supported training school. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Griffis and Ishee, JJ., concur. Irving, J., dissents with separate written opinion, joined by King, C.J., and Barnes, J. Dissenting Opinion: Irving, J. Votes: King, C.J. and Barnes, J., join this opinion.