09/10/2019 - Hand Down and published opinions in WordPerfect/ZIP format

McCarty, David Neil, J.
X  2018-KA-00712-COA

LaBrandon Keith Grace a/k/a LaBrandon Grace v. State of Mississippi; Kemper Circuit Court; LC Case #: 2016-CR-36; Ruling Date: 04/26/2018; Ruling Judge: Charles Wright, Jr.; Majority Opinion: McCarty, J. Disposition: Affirmed. Kemper County taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Westbrooks, Tindell, McDonald, Lawrence and C. Wilson, JJ., Concur. J. Wilson, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

In Re Estate of Harry J. Green, Deceased: Elide Cristina Garrido Green v. Shirley Cooley and Wilford Green; Lee Chancery Court; LC Case #: 10-1186-41-MM; Ruling Date: 11/09/2017; Ruling Judge: C. Malski; Majority Opinion: Lawrence, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Westbrooks, McDonald, McCarty and C. Wilson, JJ., Concur. J. Wilson, P.J., Dissents With Separate Written Opinion, Joined by Tindell, J. Dissenting Opinion: J. Wilson, P.J. Votes: Tindell, J., Joins This Opinion.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-091-CV09; Ruling Date: 02/23/2018; Ruling Judge: Dal Williamson; Majority Opinion: Tindell, J. Disposition: Affirmed. Jones County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence and C. Wilson, JJ., Concur. McCarty, J., Not Participating.

Wendell Hayes a/k/a Wendell Wayne Hayes v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 24CI2:17-cv-00023; Ruling Date: 07/20/2018; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Tindell, J. Disposition: Affirmed. Harrison County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and C. Wilson, JJ., Concur.

Spencer Diaz v. Department of Human Services, State of Mississippi and Lora M. Ledet; Hancock Chancery Court; LC Case #: 23CH1:16-cv-00759-JS; Ruling Date: 02/14/2018; Ruling Judge: Jennifer Schloegel; Majority Opinion: Westbrooks, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: J. Wilson, P.J., Greenlee, Tindell, McDonald, Lawrence, McCarty and C. Wilson, JJ., Concur. Barnes, C.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, P.J., Concurs in Result Only Without Separate Written Opinion.

Sherry Ann Campbell Graves Page v. Bryan Edward Graves; Rankin Chancery Court; LC Case #: 61CH1:13-cv-01981; Ruling Date: 11/15/2017; Ruling Judge: John McLaurin, Jr.; Majority Opinion: Carlton, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Greenlee, Tindell, McDonald, Lawrence, McCarty and C. Wilson, JJ., Concur. Westbrooks, J., Dissents With Separate Written Opinion, Joined by Barnes, C.J., and J. Wilson, P.J. Dissenting Opinion: Westbrooks, J. Votes: Barnes, C.J., and J. Wilson, P.J., Join This Opinion.

Billy Carol Anderson a/k/a Billy Carol Anderson Sr. v. State of Mississippi; George Circuit Court; LC Case #: 2013-10,038(1); Ruling Date: 07/06/2015; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, P.J. Disposition: Affirmed. George County taxed with costs of appeal. Votes: Barnes, C.J., J. Wilson, P.J., Greenlee, Westbrooks, Tindell, McDonald, McCarty and C. Wilson, JJ., Concur. Lawrence, J., Not Participating.

Gregory Eugene Mootye, III a/k/a Gregory Mootye v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-019-CR; Ruling Date: 01/28/2011; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Barnes, C.J., Westbrooks and McDonald, JJ., would grant.

David Lee May a/k/a David L. May a/k/a David May v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2013-288; Ruling Date: 10/10/2017; Ruling Judge: Christopher Schmidt; Disposition: The motion for rehearing is denied. McDonald and McCarty, JJ., would grant.

Darius Dennis a/k/a Darrius Dennis v. State of Mississippi; Washington Circuit Court; LC Case #: 2017-0053CI; Ruling Date: 11/16/2017; Ruling Judge: W. Hines; Disposition: The mandate is recalled, and the appellant's pro se motion for rehearing is accepted as timely. Order entered.

Darius Earl Jones a/k/a Darius Jones a/k/a Darius E. Jones v. State of Mississippi; Scott Circuit Court; LC Case #: 2017-CR-081-SC-CC; Ruling Date: 11/13/2017; Ruling Judge: Christopher Collins; Disposition: The motion for rehearing is denied.

Roscoe Johnson a/k/a Roscoe Lernerd Johnson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2017-0020; Ruling Date: 01/05/2018; Ruling Judge: Carol White-Richard; Disposition: On the Court's own motion, the mandate is recalled. Roscoe Johnson's pro se rehearing motion shall be allowed to proceed. The State's response to Johnson's rehearing motion, if it chooses to file one, shall be due within seven days of the entry of this order. Order entered.

Wilda Ann Martin v. Trustmark Corporation; Hinds Circuit Court 1st District; LC Case #: 25CI1:16-cv-00245-TTG; Ruling Date: 01/24/2018; Ruling Judge: Tomie Green; Majority Opinion: J. Wilson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Tindell and C. Wilson, JJ., Concur. McDonald, J., Dissents Without Separate Written Opinion. Westbrooks, J., Dissents With Separate Written Opinion, Joined by McDonald and Lawrence, JJ. McCarty, J., Not Participating. Dissenting Opinion: Westbrooks, J. Votes: McDonald and Lawrence, JJ., Join This Opinion.

Thomas Roby v. State of Mississippi; Clay Circuit Court; LC Case #: 13CI1:17-cv-00052; Ruling Date: 01/26/2018; Ruling Judge: James Kitchens, Jr.; Disposition: The appellant's motion to recall the mandate is granted. The mandate is hereby recalled, and the appellant's motion for rehearing is accepted as timely. The appellant's motion for a rehearing extension is dismissed as moot. Order entered.

Jerome Mack Austin Jr. a/k/a Jerome Mack Austin a/k/a Jerome M. Austin Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2013-10,059(2); Ruling Date: 02/07/2018; Ruling Judge: Kathy Jackson; Disposition: Jerome Mack Austin Jr.'s pro se rehearing motion is dismissed as untimely filed. Lawrence, J., not participating. Order entered.

Jordan D' Mark Myers v. State of Mississippi; Newton Circuit Court; LC Case #: 18-CR-008- NW-CC; Ruling Date: 09/10/2018; Ruling Judge: Christopher Collins; Disposition: The appellant's motion to voluntarily dismiss this appeal is granted. This appeal is hereby dismissed pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure. All costs of this appeal, if any, are assessed to Newton County. Order entered.

Walmart Associates Inc. and New Hampshire Insurance Company v. Calvin Williams; LC Case #: 1710496- P- 5736- A; Ruling Date: 05/14/2019; Disposition: The appellants' untimely motion for reconsideration is dismissed. Lawrence, J., would grant. Order entered.

Kendrick Marques Bell a/k/a Kendrick Bell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:18-cv-00636-WLK; Ruling Date: 12/14/2018; Ruling Judge: Winston Kidd; Disposition: As set forth in Rule 2(c) of the Mississippi Rules of Appellate Procedure, this untimely appeal shall be allowed to proceed. Order entered.

Paul Evans, Jr. v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 34CI2:19-cv-00012; Ruling Date: 02/14/2019; Ruling Judge: Dal Williamson; Disposition: On the Court's own motion, this appeal is dismissed as untimely filed. All costs of this appeal shall be assessed to Jones County. Order entered.