09/07/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Irving, Tyree
X  96-KA-01058-COA

Dayon James a/k/a Dayon Hasan James, Sr. a/k/a Dayon Hasan-Nevada James v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 9501119; Ruling Date: 07/15/1996; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. The findings of the Circuit Court of Harrison County on the issue of jury exposure to extraneous information is affirmed. Costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur.

Raymond Bilbo v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-0019-CV1; Ruling Date: 09/02/2003; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lowndes County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis and Barnes, JJ., concur. Irving, J., concurs in result only.

Joseph Davis, Jr. v. J.C. Penney Company, Inc., A Foreign Corporation; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00030; Ruling Date: 02/07/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. Costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler and Griffis, JJ., concur. Barnes, J., not participating.

Bertram Lenato McManis a/k/a Betram McManis v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2002-944-R(D); Ruling Date: 04/11/2003; Ruling Judge: George Ready; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of two counts of aggravated assault, as an habitual offender, and sentence of twenty years on each count to run concurrently in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to DeSoto County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Catlin Williams v. State of Mississippi; Pike Circuit Court; LC Case #: 03-025-KB; Ruling Date: 05/29/2003; Ruling Judge: Mike Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Pike County Circuit Court of conviction of Count I burglary of a building and sentence of eighty-four consecutive months; and Count II conspiracy to commit burglary of a building and sentence of sixty consecutive months to be served concurrently in the custody of the Mississippi Department of Corrections, pay a $10,000 fine and $800 in restitution is affirmed. Costs of this appeal are assessed to Pike County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler and Griffis, JJ., concur. Barnes, J., not participating.

Tony Romney and Michelle Romney v. Calvin Steve Barbetta d/b/a Barbetta Heating & Air Conditioning; Hancock Circuit Court; LC Case #: A2301-97-00148; Ruling Date: 07/14/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of the appeal are taxed to the appellants. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Blaine Brooks v. State of Mississippi; Pike Circuit Court; LC Case #: 01-179-KB; Ruling Date: 10/10/2001; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing denied. Barnes, J., not participating.

Greg Mark Shorter v. State of Mississippi; Warren Circuit Court; LC Case #: 0010014-CR-P; Ruling Date: 03/28/2002; Ruling Judge: Isadore Patrick, Jr.; Disposition: Appellant's motion for rehearing denied. Barnes, J., not participating.

Larod Odem v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-0411; Ruling Date: 09/20/2002; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Madison County Circuit Court of conviction of resisting arrest, Counts I and II and sentence of six months in Cause No. 2000-0411 on Count I, and sentence of six months in Cause No. 2000-0411 on Count II, in the custody of the Madison County Sheriff provided, the execution on the last six months is stayed as prescribed and the sentences shall run consecutively, and two years of supervised probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Myers and Chandler, JJ., concur. Dissenting Opinion: Irving, J. Votes: King, C.J., and Barnes, J., join this opinion.

Mark Dane Rogers v. State of Mississippi; Scott Circuit Court; LC Case #: 01-CR-076-SC; Ruling Date: 10/18/2002; Ruling Judge: V. Cotten; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur.

Terry Lamar Stewart v. State of Mississippi; Jackson Circuit Court; LC Case #: 98-10,512(1); Ruling Date: 08/31/2001; Ruling Judge: James Backstrom; Disposition: Appellant's motion for rehearing denied. Barnes, J., not participating.

Willie James Thomas v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KV-0319-J; Ruling Date: 11/13/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellee's motion for rehearing denied. Griffis, J., would grant. Barnes, J., not participating.

Ray Kirk v. James O. Crump, Individually and in His Official Capacity as Deputy Sheriff of Tunica County, Mississippi, John Pickett, III, Individually and in His Official Capacity as Sheriff of Tunica County, Mississippi, and the County of Tunica, Mississippi, a Political Subdivision of the State of Mississippi; Tunica Circuit Court; LC Case #: 99-0047; Ruling Date: 12/09/2002; Ruling Judge: Albert Smith, III; Disposition: Appellee's motion for rehearing denied. Griffis, J., would grant. Barnes, J., not participating.

J.C. and S.C. v. W.F.S., L.Y. and R.Y.; Marshall Circuit Court; LC Case #: M2002-017; Ruling Date: 01/24/2003; Ruling Judge: Gray Evans; Disposition: Appellant's motion for rehearing denied. Barnes, J., not participating.

Fredrick Antwain Smith a/k/a Fredrick Smith a/k/a Fredric Smith v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2002-441 R(D); Ruling Date: 12/12/2002; Ruling Judge: George Ready; Disposition: Appellant's motion for rehearing denied. Barnes, J., not participating.

Harry Jackson, Jr. v. State of Mississippi; Amite Circuit Court; LC Case #: 02-KR-025B-J; Ruling Date: 02/11/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellant's motion for rehearing denied. Irving, J., would grant. Barnes, J., not participating.

Ricky Ryals v. State of Mississippi; Forrest Circuit Court; LC Case #: CI01-0116; Ruling Date: 01/18/2003; Ruling Judge: Jess Dickinson; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the petition for 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, Chandler and Griffis, JJ., concur. Barnes, J., not participating.

In the Interest of J.D.W., a Minor; Lawrence Youth Court; LC Case #: 02-D-0166; Ruling Date: 05/21/2003; Ruling Judge: W. Stubbs; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Youth Court of Lawrence County is reversed and remanded for further proceedings consistent with this opinion. The costs of appeal are assessed to Lawrence County. Votes: King, C.J., Myers and Chandler, JJ., concur. Barnes, J., not participating. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Lee, P.J., and Griffis, J., join this opinion.

Daniel Clyde Knight, Jr. a/k/a Daniel C. Knight, Jr. a/k/a Danny Knight v. City of Aberdeen; Monroe Circuit Court; LC Case #: CR-03-001; Ruling Date: 06/16/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Monroe County of conviction of driving under the influence, first offense, and sentence of two days' incarceration in the Monroe County Jail, with sentence suspended, payment of $1,000 fine and 180 days of unsupervised probation, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur.

Shannon Coleman and Adrian Coleman v. Fidelity and Guaranty Insurance Underwriters, Inc.; Lauderdale Circuit Court; LC Case #: 01-CV-020(B); Ruling Date: 10/27/2003; Ruling Judge: Robert Bailey; Disposition: Motion to Dismiss granted. The parties shall bear their own costs on appeal. Order entered.