09/10/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2012-CP-00373-COA

In Re: The Matter of Lacey Celeste Wilhite, an Unmarried Minor: Tammy L. Woolbright v. Rodford Ray Wilhite, Guardian/Conservator of Lacey Celeste Wilhite; Monroe Chancery Court; LC Case #: 2008-613-48-H; Ruling Date: 01/24/2012; Ruling Judge: John Hatcher; Majority Opinion: Fair, J. Disposition: The judgment of the Monroe County Chancery Court 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.

Ray Anthony Chaney a/k/a Ray A. Chaney v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00153(3); Ruling Date: 08/18/2011; Ruling Judge: Dale Harkey; Majority Opinion: Fair, J. Disposition: The judgment of the Jackson County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Demonta Gardner a/k/a Gangster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0072-CR1K; Ruling Date: 05/25/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of burglary of an occupied dwelling and sentence of twenty years in the custody of the Mississippi Department of Corrections and five years' post-release supervision is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

William C. Jackson a/k/a William Christopher Jackson a/k/a William Jackson v. State of Mississippi; Clarke Circuit Court; LC Case #: 2010-116; Ruling Date: 07/19/2012; Ruling Judge: Robert Bailey; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Clarke County of conviction of felony escape and sentence of five years as a habitual offender in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, with the sentence to run consecutively to any sentences previously imposed, is affirmed. All costs of this appeal are assessed to Clarke County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Rosetta Jackson v. Mississippi Department of Employment Security; Forrest Circuit Court; LC Case #: CI12-0093; Ruling Date: 08/07/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Alfred Hicks v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2012-0299; Ruling Date: 09/28/2012; Ruling Judge: Betty Sanders; Majority Opinion: Fair, J. Disposition: The judgment of the Sunflower County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

David Keon Braggs a/k/a David Keen Braggs a/k/a David K. Braggs a/k/a David Braggs a/k/a David Keon Bragg a/k/a David K. Bragg v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-247; Ruling Date: 03/14/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of armed robbery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving, P.J., Ishee, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., and Roberts, J., Concur in Result Only. Barnes, J., Concurs in Part and in the Result.

Thomas Taylor a/k/a Thomas Edward Taylor a/k/a Tinker v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1998-0039-CV1H; Ruling Date: 05/22/2012; Ruling Judge: Lee Howard; Consolidated with 2012-CP-01041-COA Thomas Taylor a/k/a Thomas Edward Taylor a/k/a Tinker v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1998-0039-CV1H; Ruling Date: 06/01/2012; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Jimmy Swindle, Individually, and as Natural Father and Guardian of Jason Swindle, a Minor v. Neshoba County School District; Neshoba Circuit Court; LC Case #: 08CV-00116-NS-C; Ruling Date: 02/21/2012; Ruling Judge: Vernon Cotten; Majority Opinion: Carlton, J. Disposition: The judgment of the Neshoba 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 appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Maxwell, J., Not Participating.

Tyderius Ford a/k/a Tydrius Ford v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0041 CI; Ruling Date: 07/26/2012; Ruling Judge: W. Hines; Majority Opinion: Carlton, J. Disposition: The judgment of the Washington County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result.

Kellye Meek Houston v. Brockman Mason Houston; Lafayette Chancery Court; LC Case #: 2008-486(R); Ruling Date: 05/18/2011; Ruling Judge: Vicki Cobb; Majority Opinion: Roberts, J. Disposition: The judgment of the Lafayette County Chancery Court 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., Dissents Without Separate Written Opinion.

Mark Baldwin and Kay Baldwin v. Kelly Services, Inc. and Brad Montgomery; Bolivar Circuit Court 2nd District; LC Case #: 2009-0063; Ruling Date: 05/03/2012; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Bolivar County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Maxwell, J., Not Participating.

Otis Ross a/k/a Otis Lee Ross Sr. a/k/a Othis Polk Ross Sr. v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0214-CRP; Ruling Date: 01/23/2009; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Warren County Circuit Court of conviction of aggravated assault and sentence, as a habitual offender, of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Chance Walker a/k/a Chance Donovan Walker v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0036-CR; Ruling Date: 08/10/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections, without the possibility for parole or probation, is affirmed. All costs of this appeal are assessed to Copiah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Brian Layne Pearson v. Tammy Elizabeth Pearson; Pearl River Chancery Court; LC Case #: 03-0041-GN-D; Ruling Date: 06/26/2007; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Pearl River County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Concurs in Result Only.

Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell v. State of Mississippi; Marion Circuit Court; LC Case #: K10-0134P; Ruling Date: 03/17/2011; Ruling Judge: Anthony Mozingo; Majority Opinion: Lee, C.J. Disposition: The judgment of the Marion County Circuit Court of conviction of sale of a controlled substance within 1,500 feet of a school and sentence of sixty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Marion County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Concurs in Part and in the Result.

Kathryn Loyacono v. The Travelers Insurance Company; Warren Circuit Court; LC Case #: 06,0021-CI; Ruling Date: 10/22/2010; Ruling Judge: Richard McKenzie; Disposition: The motion for rehearing is denied. Irving, P.J., would grant.

BancorpSouth Bank v. Shelby K. Brantley, Jr., Robert Crumpton, Norma S. Bourdeaux, Langston Oxford Properties, L.P., Susan M. Bryan, John Albriton and Lynn Albriton; Lafayette Chancery Court; LC Case #: 2007-504A; Ruling Date: 02/28/2011; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied. Lee, C.J., Griffis, P.J., Carlton, Maxwell, Fair and James, JJ., not participating.

Roland DeWayne Palmer v. Ceicle Glynn Spiers Prince Palmer; Hancock Chancery Court; LC Case #: C2301-09-00043 (4); Ruling Date: 11/24/2010; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is denied. Carlton and Maxwell, JJ., would grant.

Troy M. Pittman a/k/a Sonny a/k/a Troy Myre Pittman, Jr. v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV07-348PF(A); Ruling Date: 07/26/2011; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied.

Christopher S. Sobrado a/k/a Christopher Steven Sobrado a/k/a Chris v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV11-280-P-PO; Ruling Date: 04/09/2012; Ruling Judge: Paul Funderburk; Majority Opinion: Roberts, J. Disposition: The judgment of the Pontotoc County Circuit Court dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Pontotoc County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Fair and James, JJ., Concur. Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Lonnie Smith v. Tippah Electric Power Association and Electric Power Associations of Mississippi Workers' Compensation Group, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 1003908-K-5532; Ruling Date: 03/05/2012; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes and James, JJ., would grant.

Marion Dyse v. BKS, Inc. d/b/a Keith's Superstores; Lamar Circuit Court; LC Case #: 2010-60-P; Ruling Date: 06/06/2012; Ruling Judge: Anthony Mozingo; Majority Opinion: James, J. Disposition: The judgment of the Lamar County Circuit Court granting summary judgment is reversed, and this case is remanded for further proceedings consistent with this opinion; the award of $2,500 in sanctions is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving and Griffis, P.JJ., Roberts, Maxwell and Fair, JJ., Concur. Lee, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Barnes and Ishee, JJ.; Carlton, J. Joins In Part. Concurring in Part and Dissenting in Part Opinion: Lee, C.J. Votes: Barnes and Ishee, JJ., Join This Opinion. Carlton, J., Joins This Opinion in Part.