09/14/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-KA-01099-COA

Cleveland Johnson a/k/a Cleveland Johnson, Jr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-232; Ruling Date: 05/16/2008; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of possession of cocaine with intent to distribute and sentence of twenty years in the custody of the Mississippi Department of Corrections and five years of post-release supervision and to pay a $50,000 fine, half of which will be suspended upon completion of all other aspects of sentence; a $300 Crime Lab fee; and $500 to the Mississippi Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Wallace B. McCullar, Spouse of Decedent, Mary F. McCullar, Personally and on Behalf of all Statutory Wrongful Death Beneficiaries v. Boyd Tunica, Inc. d/b/a Sam's Town Hotel and Gambling Hall; Tunica Circuit Court; LC Case #: 2005-0279; Ruling Date: 03/23/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Hudson Edgett v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-111-Cr; Ruling Date: 08/19/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Grenada County of conviction of attempted burglary of a dwelling and sentence as a habitual offender of twenty-five 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 Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Gerard Van Sullivan v. Natasha Donielle Sullivan; Hinds Chancery Court 1st District; LC Case #: G2009-605 O/3; Ruling Date: 09/15/2009; Ruling Judge: Denise Owens; Majority Opinion: Maxwell, J. Disposition: The judgment of the Chancery Court of Hinds 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 one-half to the appellant and one-half to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

William M. Covington v. Carol Montgomery (Covington); Harrison Chancery Court 1st District; LC Case #: 03-02082(1); Ruling Date: 03/05/2009; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Roberts, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Charles Stacy Rimmer a/k/a Stacy Rimmer v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2008-000024; Ruling Date: 02/11/2009; Ruling Judge: Robert Elliott; Majority Opinion: Roberts, J. Disposition: The judgment of the Calhoun County Circuit Court of conviction of Count I, sexual battery, and sentence of thirty years with five years suspended and twenty-five years to serve and Count VII, neglect of a child, and sentence of ten years with three years suspended and seven years to serve, with the sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Linda Pettis, Beverly Ladner, Donnie Cuevas, Jr., Amy Cuevas, Blair Schuman, Individually and By and Through her Next Friend and Natural Guardian, her Mother, Amy Cuevas, and Dameon Cuevas, Jr., Individually and By and Through his Next Friend and Natural Guardian, his Father Donnie Cuevas, Jr. v. Mississippi Transportation Commission; Hancock Circuit Court; LC Case #: 04-0356; Ruling Date: 08/17/2009; 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 to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Alan M. Avant v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CV-378-A-LE-C; Ruling Date: 04/15/2009; Ruling Judge: Vernon Cotten; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Leake County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Paul Raines v. Pierce Cabinets, Inc.; Lee Circuit Court; LC Case #: CV07-104(P)L; Ruling Date: 03/02/2009; Ruling Judge: James Pounds; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Rebuild America, Inc. v. Tim A. Norris; Hinds Chancery Court 1st District; LC Case #: 2008-1891 W/4; Ruling Date: 07/20/2009; Ruling Judge: Patricia Wise; Majority Opinion: Griffis, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dudley S. Burwell v. Rose Lee Burwell; Harrison Chancery Court 1st District; LC Case #: C2401-97-02034; Ruling Date: 08/15/2008; Ruling Judge: Sanford Steckler; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Harrison County 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, Carlton and Maxwell, JJ., concur.

Vandarren McCray v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0096; Ruling Date: 09/29/2008; Ruling Judge: Kenneth Thomas; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with ten years to serve and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Vincent B. Strickland v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-68-CV8; Ruling Date: 08/13/2009; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

George C. McKee v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2008-0188-CV; Ruling Date: 09/09/2009; Ruling Judge: Lee Howard; Majority Opinion: Myers, P.J. Disposition: The judgment of the Oktibbeha 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: King, C.J., Lee, P.J., Irving, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Griffis, J., dissents without separate written opinion. Barnes, J., not participating.

Timothy W. Jordan, Glenn E. Grose and Johnny Grose v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK 06-115; Ruling Date: 10/14/2008; Ruling Judge: Andrew Howorth; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of Timothy Jordan of four counts of sexual battery and sentence of life for each count, with the life sentences to run concurrently; one count of gratification of lust and sentence of ten years; and one count of child neglect and sentence of ten years, with the two ten-year sentences to run concurrently with each other but consecutively to the life sentences, all in the custody of the Mississippi Department of Corrections is affirmed. The judgment of the Circuit Court of Lafayette County of conviction of Glenn Grose of three counts of sexual battery and sentence as a habitual offender to life for each count and one count of child neglect and sentence as a habitual offender of ten years, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections is affirmed. The judgment of the Circuit Court of Lafayette County of conviction of Johnny Grose of two counts of sexual battery and sentence of life for each count, with the life sentences to run concurrently; one count of gratification of lust and sentence of ten years; and one count of child neglect and sentence of ten years, with the two ten-year sentences to run concurrently with each other but consecutively to the life sentences, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lafayette County. Votes: Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Irving, J., not participating.

Terry Wilkins v. State of Mississippi; Lafayette Circuit Court; LC Case #: L09-186; Ruling Date: 07/20/2009; Ruling Judge: Andrew Howorth; Majority Opinion: King, C.J. Disposition: The judgment of the Lafayette County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lafayette County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in result only without separate written opinion.

Betty Weems v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2005-0061(CM)(S); Ruling Date: 10/16/2006; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Henry Crawford Rhaly, Jr., John Thomas Rhaly, William Dewitt Rhaly, Bill Alan Wilson, Linda Gay Wilson, Mary Sue Creel, and Hilda Louise Ferron v. Waste Management of Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-02-1822CIV; Ruling Date: 05/06/2008; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Charlotte Moore v. M & M Logging, Inc.; Choctaw Circuit Court; LC Case #: 2005-0008 CV-L; Ruling Date: 02/27/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Corine Holmes, as Administratrix of the Estate of Derral Holmes v. Campbell Properties, Inc. and T & S Tunnel Express; Warren Circuit Court; LC Case #: 07,0112-CI; Ruling Date: 08/21/2008; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Gary Lewis v. State of Mississippi; Pike Circuit Court; LC Case #: 08-019-PCT; Ruling Date: 09/25/2008; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Michael K. Johnson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0020; Ruling Date: 11/05/2008; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Order entered.

Justin David Shaffer a/k/a Justin David Schaffer v. State of Mississippi; Greene Circuit Court; LC Case #: 21-06-10,048(2); Ruling Date: 08/14/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Greene County of conviction of exploitation of a child and sentence of twenty-five years in the custody of the Mississippi Department of Corrections without eligibility for parole and to pay a $50,000 fine is reversed, and a judgment of conviction of attempted exploitation of a child is rendered. This case is remanded for resentencing. All costs of this appeal are assessed to Greene County. Votes: King, C.J., and Ishee, J., concur. Barnes, J., concurs in part and in the result without separate written opinion. Maxwell, J., specially concurs with separate written opinion joined by Barnes, J. Griffis, J., dissents with separate written opinion joined by Lee and Myers, P.JJ., and joined in part by Irving, J. Roberts, J., dissents with separate written opinion. Specially Concurring Opinion: Maxwell, J. Votes: Barnes, J., joins this opinion. Dissenting Opinion: Griffis, J. Votes: Lee and Myers, P.JJ., join this opinion. Irving, J., joins this opinion in part. Dissenting Opinion: Roberts, J.

William Alias, Jr. v. The City of Oxford, Mississippi; Lafayette Circuit Court; LC Case #: L07-0309; Ruling Date: 03/07/2008; Ruling Judge: Robert Elliott; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lafayette County is vacated and this appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Roberts, JJ., concur. Carlton, J., dissents with separate written opinion. Maxwell, J., not participating. Dissenting Opinion: Carlton, J.

Tracy Franklin Williams v. Lawrence Daniel Williams; DeSoto Chancery Court; LC Case #: 05-04-0670; Ruling Date: 03/10/2009; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is dismissed. Carlton, J., not participating. Order entered.