09/13/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
XX  2004-KA-00491-COA

Leon Fuqua a/k/a Fugua Leon a/k/a Leomie Fuqua v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-256WSY; Ruling Date: 01/15/2004; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and remanded as to Issues I and IV and affirmed as to Issues II, III, V, and VI. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Bridges, P.J., Chandler and Barnes, JJ., concur. Dissenting Opinion: Irving, J. Votes: Lee, P.J., Myers and Griffis, JJ., join this separate written opinion.

Howard Gober v. The Chase Manhattan Bank, Successor by Merger to Chase Bank of Texas, N. A., f/k/a Texas Commerce Bank, N. A., as Trustee and Custodian; Madison Chancery Court; LC Case #: 2001-175; Ruling Date: 04/18/2003; Ruling Judge: William Lutz; Consolidated with 2002-CA-00038-COA P. Williams a/k/a Howard Gober v. The Chase Manhattan Bank, successor by merger to Chase Bank of Texas, N.A. formerly known as Texas Commerce Bank, National Association, as Trustee and Custodian; Madison Chancery Court; LC Case #: 2001-175; Ruling Date: 08/10/2001; Ruling Judge: William Lutz; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Carrie Dunn v. David Dunn; Perry Chancery Court; LC Case #: 2003-0019-GN-D; Ruling Date: 04/29/2004; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Perry County is affirmed in part and reversed and remanded in part on direct appeal and affirmed on cross-appeal. All costs of this appeal are to be equally divided between the appellant and the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

In the Interest of A.J.M., a Minor; Rankin Youth Court; LC Case #: 4872; Ruling Date: 01/14/2003; Ruling Judge: Kent McDaniel; Majority Opinion: Griffis, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Youth Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Timothy Sylvester McNeal v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-00670; Ruling Date: 10/27/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction on Counts I and II of transfer of a controlled substance and sentences of thirty years each, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections as an habitual offender is hereby affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

James Robinson a/k/a James Roberson v. State of Mississippi; Washington Circuit Court; LC Case #: 2001-46; Ruling Date: 10/09/2003; Ruling Judge: Richard Smith; Consolidated with 2001-CP-01129-COA James Earl Robinson a/k/a James Earl Roberson v. State of Mississippi; Washington Circuit Court; LC Case #: CI-2001-46; Ruling Date: 06/25/2001; Ruling Judge: Gray Evans; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Washington County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Timothy L. Carr v. State of Mississippi; Rankin Circuit Court; LC Case #: 12588; Ruling Date: 04/29/2003; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of statutory rape and sentence of thirty years in the custody of the Mississippi Department of Corrections with twenty-five years to serve and five years of supervised post-release supervision is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Gabriel McDowell a/k/a Gary McDowell v. State of Mississippi; Hancock Circuit Court; LC Case #: 98-0162; Ruling Date: 11/22/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Lee, P.J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Hancock County. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Mississippi Employment Security Commission v. Theodore Parker; Washington Circuit Court; LC Case #: 2003-241(CM)(W); Ruling Date: 06/30/2004; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, P.J. Disposition: The judgment of the Washington County Circuit Court is reversed and rendered. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Sidney A. Huggins v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-835CRD; Ruling Date: 11/10/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Bridges, P.J. Disposition: The judgment of the First Judicial District of the Hinds County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Williams M. Beasley and Beasley Real Estate, LLC v. Ed Neelly, Bill Nesmith, Dick Hill, George M. Taylor, Smith Heavner, Nettie Y. Davis, Larry Cole, Perry Smith, Danny Barrows and City Council of the City of Tupelo; Lee Circuit Court; LC Case #: CV03-086-GL; Ruling Date: 02/20/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Myers and Ishee, JJ., concur. Chandler, Griffis and Barnes, JJ., not participating. Concurring Opinion: Irving, J. Votes: Ishee, J., joins this opinion in part. Dissenting Opinion: King, C.J. Votes: Lee, P.J., joins this opinion.

Alpha Janitorial & Paper Company v. Bobby Crawford d/b/a Crawford Nursing Home; Hinds Circuit Court 1st District; LC Case #: 251-01-1118; Ruling Date: 02/06/2004; Ruling Judge: Tomie Green; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Kado James Jackson v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-475CR; Ruling Date: 12/19/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of possession of more than thirty grams of cocaine with intent to transfer or distribute within 1,500 feet of a church and sentence of sixty years to serve fifty years in the custody of the Mississippi Department of Corrections and ten years suspended on post-release supervision and fine of $25,000.00 is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only. Irving, J., not participating.

Lillian Grammar v. Ralph Dollar and Kathryn Dollar; Lowndes Circuit Court; LC Case #: 2002-0111-CV1; Ruling Date: 06/09/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Bridges, P.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, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only.

Nathaniel L. Jackson and Cynthia Shenell Jackson v. Amelia E. Hodge and Anthony L. Webb; Jackson Circuit Court; LC Case #: CI-2002-00155(3); Ruling Date: 06/28/2004; Ruling Judge: Dale Harkey; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., concurs in result only.

Brenda Demo Roberts v. William Frederick Roberts; DeSoto Chancery Court; LC Case #: 02-08-1175(L); Ruling Date: 09/24/2003; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. Costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Eric Jermaine Thomas v. State of Mississippi; Stone Circuit Court; LC Case #: A6601-2002-0224; Ruling Date: 06/17/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Appellant's motion for rehearing is denied.

Talmage F. Blackwell v. State of Mississippi; Newton Circuit Court; LC Case #: 02-CR-018-NWG; Ruling Date: 08/07/2003; Ruling Judge: Marcus Gordon; Disposition: Appellant's motion for rehearing is denied.

Harrison Montgomery, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2003-0111; Ruling Date: 09/30/2003; Ruling Judge: Kenneth Thomas; Disposition: Appellant's motion for rehearing is denied.

Lawrence Abrams v. Larry Boggs; Alcorn Circuit Court; LC Case #: CV03-074F-A; Ruling Date: 02/04/2004; Ruling Judge: Paul Funderburk; Disposition: Appellee's motion for rehearing is denied. Chandler, J., would grant.

William R. Striebeck v. Ruth Ann (Brent) (Provenza) Striebeck; Washington Chancery Court; LC Case #: 200425; Ruling Date: 11/29/2003; Ruling Judge: Donald Patterson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Washington County is affirmed in part and reversed and remanded in part on direct appeal and on cross-appeal. All costs of this appeal are assessed equally to the appellant and the appellee. Votes: Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. King, C.J. and Irving, J., not participating.

Joe Broome v. Mississippi Employment Security Commission and Mississippi College; Hinds Circuit Court 2nd District; LC Case #: 2003-21; Ruling Date: 02/06/2004; Ruling Judge: Bobby DeLaughter; Disposition: Appellees' motion for rehearing is denied.

Gregory Edward Patterson v. Melinda Sue Patterson; Lowndes Chancery Court; LC Case #: 2002-0750-L; Ruling Date: 03/23/2004; Ruling Judge: Robert Lancaster; Disposition: Appellant's motion for rehearing is denied.

Wilmer L. Spence, Jr. a/k/a Wilmaer Louis, Jr. v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: H2004-07; Ruling Date: 01/05/2004; Ruling Judge: Andrew Howorth; Disposition: Motion to Dismiss Appeal is granted. The appeal is dismissed for lack of jurisdiction and all costs of appeal are assessed to Chickasaw County. Order entered.