09/09/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2013-CA-00446-COA

Robert Lang and Beverly Lang v. Teresa Beasley; Lincoln Circuit Court; LC Case #: 2006-532-L-S; Ruling Date: 10/16/2012; Ruling Judge: David Strong, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Lincoln County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Jeffrey Holman v. State of Mississippi; Attala Circuit Court; LC Case #: 12-0170-CV-L; Ruling Date: 03/06/2013; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2008-KA-00611-SCT Jeffrey Holman v. State of Mississippi; Attala Circuit Court; LC Case #: 2008-0036(A)-CR; Ruling Date: 03/06/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Attala County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

George Aaron v. Annie Aaron; Monroe Chancery Court; LC Case #: 01-0622-48-M; Ruling Date: 05/13/2013; Ruling Judge: Jacqueline Mask; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Not Participating.

Andre Davis v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0213; Ruling Date: 05/20/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Fair, J. Disposition: The judgment of the DeSoto County Circuit Court is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Beulah Abrams v. Republic Finance, LLC ; Lowndes Circuit Court; LC Case #: 2011-0034- CVIC; Ruling Date: 06/24/2013; Ruling Judge: Lee Coleman; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Elray Jones, Individually, and on Behalf of All The Heirs at Law and Wrongful Death Beneficiaries of Shirley Nebraska Jones, Deceased v. MEA, Inc.; MEA Medical Clinic of Ridgeland, Mississippi; St. Dominic - Jackson Memorial Hospital; Its Agent-Corporation and/or Parent Company(ies); Jackson Heart Clinic, P. A.; Its Agent-Corporation and/or Parent Company; Lakeland Drive; Hinds Circuit Court 1st District; LC Case #: 251-11-844; Ruling Date: 08/16/2012; Ruling Judge: William Gowan, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and Roberts, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton and Fair, JJ., Not Participating.

Marilyn Dedeaux and Russell Guymon v. Lake Caroline Owners Association, Inc. ; Madison Circuit Court; LC Case #: CI-2011-0378 JE; Ruling Date: 04/15/2013; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., and James, J., Concur in Part and in the Result Without Separate Written Opinion. Lee, C.J., Not Participating.

In the Matter of the Last Will and Testament of Herman Bowling, Deceased: Paula B. Hicks v. Mark S. Bowling; Pontotoc Chancery Court; LC Case #: 2012-0131-58-MM; Ruling Date: 04/16/2013; Ruling Judge: C. Malski; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pontotoc County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Robert Gene Jones a/k/a Robert G. Jones a/k/a Robert Jones v. State of Mississippi; Pontotoc Circuit Court; LC Case #: 12-275-G-PO; Ruling Date: 10/04/2012; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Pontotoc County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Michael Prendergast, Brett Ladner, Malcolm Cowand and Howard Parker v. City of Waveland and The Waveland Civil Service Commission, a subdivision of the City of Waveland; Hancock Circuit Court; LC Case #: 12-0339; Ruling Date: 03/04/2013; Ruling Judge: Roger Clark; Majority Opinion: Roberts, J. Disposition: The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are assessed equally between the parties. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Jeffery Ramer a/k/a Jeffrey Ramer v. State of Mississippi; Tippah Circuit Court; LC Case #: TK-2011-118; Ruling Date: 03/11/2013; Ruling Judge: Robert Elliott; Majority Opinion: Roberts, J. Disposition: The judgment of the Tippah County Circuit Court of conviction of burglary and sentence, as a habitual offender, of seven years in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Tippah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Marlon Lavelle Oatis a/k/a Marlin Oatis a/k/a Marlon Oatis a/k/a Marlon L. Oatis v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-11-181; Ruling Date: 05/13/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of felony driving under the influence and sentence, as a habitual offender, of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Courtney Nevels v. WalMart Transportation, LLC and Claude R. Smith; Warren Circuit Court; LC Case #: 12,0082-CI; Ruling Date: 06/13/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Terry H. Logan, Sr. and Beverly W. Logan v. Mississippi Department of Transportation and Mississippi Transportation Commission; Tallahatchie Circuit Court 2nd District; LC Case #: 2011-38-JMT2; Ruling Date: 09/19/2012; Ruling Judge: James McClure, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Tallahatchie County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the parties. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee and Carlton, JJ., Concur. Maxwell, J., Concurs in Part and in the Result With Separate Written Opinion, Joined by Roberts and Fair, JJ.; James, J. Joins In Part. Fair and James, JJ., Concur in Part and in the Result Without Separate Written Opinion. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Roberts and Fair, JJ., Join This Opinion. James, J., Joins This Opinion in Part.

Christopher Conway Boyd a/k/a Christopher C. Boyd a/k/a Christopher Boyd v. State of Mississippi; Tate Circuit Court; LC Case #: CV2012-180-SMT; Ruling Date: 03/18/2013; Ruling Judge: Smith Murphey; Consolidated with 2013-CA-00684-COA Christopher Conway Boyd a/k/a Christopher C. Boyd a/k/a Christopher Boyd v. State of Mississippi; Tate Circuit Court; LC Case #: CV2012-181-SMT; Ruling Date: 03/18/2013; Ruling Judge: Smith Murphey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Tate County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., and James, J., Concur in Part and in the Result Without Separate Written Opinion.

Tameka Gladney v. Mississippi Department of Employment Security; Monroe Circuit Court; LC Case #: CV2012-258-PFM; Ruling Date: 03/27/2013; Ruling Judge: Paul Funderburk; Majority Opinion: Barnes, J. Disposition: The judgment of the Monroe County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., and Carlton, J., Dissent Without Separate Written Opinion.

Norman Ferguson v. Mississippi Farm Bureau Casualty Insurance Company; Hancock Circuit Court; LC Case #: 12-0403; Ruling Date: 04/04/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Detrick Dewayne Harris a/k/a Detrick Harris a/k/a Detrick D. Harris v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-084; Ruling Date: 06/13/2012; Ruling Judge: Winston Kidd; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, burglary of a dwelling, and sentence, as a habitual offender, of life; conviction of Count II, armed robbery, and sentence, as a habitual offender, of life; and conviction of Count III, automobile theft, and sentence, as a habitual offender, of life, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, without eligibility for parole, is affirmed. The conviction of Count IV, felon in possession of a weapon, and sentence, as a habitual offender, of life, is reversed and rendered. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined In Part by James, J. Concurring in Part and Dissenting in Part Opinion: Carlton, J. Votes: James, J., Joins This Opinion in Part.

Natchez-Adams School District v. Tina Bruce; Adams Circuit Court; LC Case #: 09-KV-0114-S; Ruling Date: 10/20/2011; Ruling Judge: Lillie Sanders; Majority Opinion: Roberts, J. Disposition: The judgment of the Adams County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: Irving, P.J.

Marvelle Pryor a/k/a Marvelle Q. Pryor a/k/a Marvelle Quenton Pryor a/k/a Marvel Pryor v. State of Mississippi; Grenada Circuit Court; LC Case #: 2011-161CR; Ruling Date: 01/11/2012; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. James, J., would grant.

Greg Nethery, Administrator of the Estate of Wilbur Glen Nethery, Deceased, and Greg Nethery, Individually v. The Estate of Doris Nethery, Deceased, and William W. Dreher, Executor of the Estate of Doris Nethery, Deceased; Hancock Chancery Court; LC Case #: C2301-09-00024(4); Ruling Date: 09/26/2012; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is denied.

Willie Lee Madden Jr. a/k/a Willie L. Madden Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-00722; Ruling Date: 08/03/2012; Ruling Judge: John Gargiulo; Disposition: The motion for rehearing is denied.