09/06/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2003-CA-02030-COA

Shermeker Pollard and Trellvion Gaines, a Minor, by and through His Natural Mother, Legal Guardian, and Next Friend, Shermeker Pollard v. Sherwin-Williams Company; Jefferson Circuit Court; LC Case #: 2000-0604; Ruling Date: 08/08/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Jefferson County granting summary judgment in favor of Sherwin-Williams Company is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur. Irving, J., not participating.

Donna F. Rousseau, as Executrix of the Estate of Robert Louis Rousseau, Deceased v. Christopher Louis Rousseau and William Derek Rousseau; Lee Chancery Court; LC Case #: 00-1861; Ruling Date: 06/22/2004; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler and Barnes, JJ., concur. Griffis, J., not participating.

Troy T. Redmond v. Mississippi Department of Corrections; Hinds Circuit Court 1st District; LC Case #: 251-00-695; Ruling Date: 01/22/2003; Ruling Judge: Tomie Green; Majority Opinion: Barnes, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Terry Louis Williams, Jr. v. State of Mississippi; Monroe Circuit Court; LC Case #: CR00-238; Ruling Date: 07/02/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Monroe County of conviction of rape and sentence of twenty years without parole in the custody of the Mississippi Department of Corrections and to register as a sex offender upon release is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Nita Maselle v. State of Mississippi; Rankin Circuit Court; LC Case #: 15,389; Ruling Date: 04/30/2004; Ruling Judge: William Chapman, III; Majority Opinion: Barnes, J. Disposition: This case is affirmed per curiam on the basis that it is indistinguishable from Withers v. State, 2004-KM-1131-COA (Miss. Ct. App. July 19, 2005). Appellant taxed with costs of appeal. Votes: Bridges, P.J., not participating.

Sam Bradford, Sr. v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2003-41KR; Ruling Date: 02/10/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jefferson County of conviction of murder and sentence to life in the custody of the Mississippi Department of Corrections is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Timothy Mooneyham v. Progressive Gulf Insurance Company and Progressive Casualty Insurance Company; Lee Circuit Court; LC Case #: CV02-218(b)L; Ruling Date: 07/21/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Griffis, 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., Bridges and Lee, P.JJ., Irving, Myers, Chandler and Ishee, JJ., concur. Barnes, J., not participating.

In the Matter of the Conservatorship of Opal Williams Murphey: George C. Williams, Conservator v. Philip T. Murphey; Clarke Chancery Court; LC Case #: 02-0270(M); Ruling Date: 03/26/2004; Ruling Judge: Robert Lancaster; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Clarke County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Barnes and Ishee, JJ., concur. Griffis, J., not participating.

Charles Ashley McNabb v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2004-110-RD; Ruling Date: 06/01/2004; Ruling Judge: George Ready; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of DeSoto County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Luther Hackman v. Lucinda Burkes; Lowndes Chancery Court; LC Case #: 94-0831-L; Ruling Date: 10/27/2003; Ruling Judge: Robert Lancaster; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Layefette Thomas v. Mississippi Employment Security Commission; Hinds Circuit Court 1st District; LC Case #: 251-03-990; Ruling Date: 01/29/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Myers, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Sherrod Davis v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5634; Ruling Date: 03/01/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Humphreys County of conviction of Count I- rape and sentence of twenty years and conviction of Count II - burglary of a dwelling house and sentence of five years with sentences to run consecutively all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Humphreys County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Donald Scott Sheppard v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2002-90-KR2; Ruling Date: 11/10/2003; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Jones County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections, with fifteen years to serve and five years on post-release supervision, and payment of public defender's fee in the amount of $1,000, restitution in the amount of $10,500, and payment to the victim's compensation fund in the amount of $3,500 is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Dewey W. Smith and Sylvia G. Smith v. Hattie Crawford; Hinds Circuit Court 1st District; LC Case #: 251-01-689CIV; Ruling Date: 09/22/2003; Ruling Judge: W. Yerger; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hinds County is hereby 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., Chandler, Barnes and Ishee, JJ., concur. Griffis, J., not participating. Dissenting Opinion: Lee, P.J. Votes: Bridges, P.J. and Myers, J., join this opinion.

James Willcutt v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2002-0067; Ruling Date: 03/08/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Coahoma County denying post-conviction relief is affirmed. The case is remanded to the Circuit Court for entrance of a corrected sentencing order. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Louis C. Matthews and Roosevelt Jones v. Horseshoe Casino; Tunica Circuit Court; LC Case #: 2002-0478; Ruling Date: 04/07/2004; Ruling Judge: Larry Lewis; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Michelle McAllister and Kayla McAllister, a Minor Child, by Michelle McAllister, Next Friend, Wrongful Death Heirs of David McAllister, Deceased v. Franklin County Memorial Hospital; Franklin Circuit Court; LC Case #: 00-CV-0028; Ruling Date: 02/26/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Franklin County Circuit Court is affirmed. All costs of this appeal are taxed to the appellants. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Johnny Powe and Melinda Powe v. Roy Anderson Construction Company, Inc., and ADS, L.L.C.; Harrison Circuit Court 1st District; LC Case #: A2401-03-00297; Ruling Date: 04/01/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are taxed to the appellants. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Tom Askew v. John Reed and T & T Logging, Inc.; Hinds Chancery Court 2nd District; LC Case #: G2002-3 S/2; Ruling Date: 05/20/2004; Ruling Judge: William Singletary; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Lexington Insurance Company v. Charles Buckley; Covington Chancery Court; LC Case #: 02-372; Ruling Date: 04/10/2003; Ruling Judge: J. Buffington; Consolidated with 2003-CA-02183-COA Lexington Insurance Company v. Charles Buckley; Covington Chancery Court; LC Case #: 02-372; Ruling Date: 09/15/2003; Ruling Judge: J. Buffington; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Covington County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Nigel Jerome McClain v. State of Mississippi; Forrest Circuit Court; LC Case #: 01-113CR; Ruling Date: 10/07/2003; Ruling Judge: Jess Dickinson; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of Count I of sexual battery and sentence of forty years and Count II of felonious child abuse and sentence of twenty years, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Leonard E. Gray v. State of Mississippi; Rankin Circuit Court; LC Case #: 14357; Ruling Date: 03/12/2004; Ruling Judge: William Chapman, III; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of destruction of telephone lines and sentence of ten years in the custody of the Mississippi Department of Corrections and order to make full restitution to Bellsouth and fine of $5,000.00 is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Dale Cole a/k/a Norman Dale Cole v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2003-026-CR; Ruling Date: 09/04/2003; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Choctaw County Circuit Court of conviction of Count I, manufacture of methamphetamine, sentence of twenty years, with five years suspended for a period of five years; Count II, unlawful possession of precursor chemicals, with a sentence of fifteen years to run concurrently with Count I; of Count III, possession of methamphetamine and sentence of six years to run concurrently with Count I, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Terun Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-074; Ruling Date: 05/30/2002; Ruling Judge: L. Hilburn, ; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant.

Richard McMillian v. Delphi Packard Electric Systems, Division General Motors Corporation, a Self Insurer; Lincoln Circuit Court; LC Case #: 2002-371; Ruling Date: 05/06/2003; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing is denied.

City of Jackson v. Chad E. Calcote; Hinds Circuit Court 1st District; LC Case #: 251-01-001054; Ruling Date: 04/04/2003; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant. King, C.J., not participating.

McNair Smith, Jr. v. Brookhaven, Mississippi, Police Department; City of Brookhaven, Mississippi; Officer Tecumseh Warren; and Patrick Hardy; Lincoln Circuit Court; LC Case #: 2002-151; Ruling Date: 08/27/2003; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant.