09/07/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2009-KM-01026-COA

Tony Martin v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK07-402JC; Ruling Date: 05/26/2009; Ruling Judge: Andrew Howorth; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of DUI, first offense, and suspended sentence of 48 hours in the Lafayette County Detention Center and to pay a $1,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in result only.

Kenneth Moore, Jr. and Carolyn M. Moore v. Roy D. McDonald, Donna R. McDonald, Harold Belton and Ruth Belton; Pearl River Chancery Court; LC Case #: 08-0318-GN-D; Ruling Date: 07/13/2009; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Pearl River County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

In the Estate of Cynthia Wallace, Deceased, Personal Representative Louis M. Wallace v. Emad H. Mohamed, M.D., Bristol Myers Squibb Company and Sanofi Synthelabo, Inc.; Lowndes Circuit Court; LC Case #: 2005-0176-CV1; Ruling Date: 12/15/2008; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Lowndes County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., not participating.

Harold Donell Hargett a/k/a Junior v. State of Mississippi; Pike Circuit Court; LC Case #: 07-039-PKT; Ruling Date: 03/14/2008; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: The judgment of the Pike County Circuit Court of conviction of Count I, sale of less than thirty grams of marijuana, and Count II, sale of ten dosage units of hydrocodone, and sentence as a habitual offender of six years for Count I and sixty years for Count II to run concurrently in the custody of the Mississippi Department of Corrections, and to pay a $1,000 fine for Count I, a $5,000 fine for Count II, and $300 in restitution to the Mississippi Bureau of Narcotics, is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes and Carlton, JJ., concur. Roberts and Maxwell, JJ., concur in result only. Irving, J., not participating.

Dennis Cosby v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR 2008-207 BP2; Ruling Date: 08/04/2009; Ruling Judge: Andrew Baker; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Panola County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in result only without separate written opinion.

Yalanda Johnson v. State of Mississippi; Lincoln Circuit Court; LC Case #: 08-213-LS; Ruling Date: 04/08/2009; Ruling Judge: David Strong, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections, with three years to serve, seven years suspended, and five years of supervised probation and to pay a $2,500 fine and $250 to the Mississippi Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only.

Lora Lopez, a Minor and through her Guardian, Leslie Zhe, and Jaclyn Hughes, a Minor, by and through her Parents and Guardians, Henry and Vanessa Hughes v. Robert D. McClellan, a Minor, by and through his Father Robert McClellan, Jointly and Severally; Harrison Circuit Court 2nd District; LC Case #: A2402-2005-31; Ruling Date: 10/16/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion to dismiss appeal is granted. Order entered.

Lora Lopez, a Minor and through her Guardian, Leslie Zhe, and Jaclyn Hughes, a Minor, by and through her Parents and Guardians, Henry and Vanessa Hughes v. Robert D. McClellan, a Minor, by and through his Father Robert McClellan, Jointly and Severally; Harrison Circuit Court 2nd District; LC Case #: A2402-2005-31; Ruling Date: 10/16/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion to dismiss appeal is granted. Order entered.

Shae Hughes v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-017; Ruling Date: 01/23/2009; Ruling Judge: W. Hines; Majority Opinion: Lee, P.J. Disposition: The judgment of the Washington County Circuit Court of conviction of Count I, armed robbery, and sentence of forty years and Count II, aggravated assault, and sentence of twenty years, with the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., specially concurs with separate written opinion joined by Griffis and Maxwell, JJ. Specially Concurring Opinion: Roberts, J. Votes: Griffis and Maxwell, JJ., join this opinion.

Joshua Adam Strange v. Amy Melinda Strange; George Chancery Court; LC Case #: 2003-0320; Ruling Date: 01/30/2009; Ruling Judge: D. Harris, Sr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of George County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Barnes, Ishee and Carlton, JJ., concur. Griffis, J., concurs in part and dissents in part with separate written opinion joined by Irving, Roberts and Maxwell, JJ. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Irving, Roberts and Maxwell, JJ., join this opinion.

Randy Davis v. Patricia Walters; Tallahatchie Circuit Court 1st District; LC Case #: CV-2006-1-BT1; Ruling Date: 05/22/2008; Ruling Judge: James McClure, III; Disposition: The motion for rehearing is denied. Irving and Barnes, JJ., would grant. Carlton, J., not participating. Order entered.