09/15/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-KA-00912-COA

Jermail Humphries v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-37; Ruling Date: 02/13/2008; Ruling Judge: W. Yerger; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life 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 and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Gary W. Overstreet v. State of Mississippi; Forrest Circuit Court; LC Case #: C107-0059; Ruling Date: 06/19/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Forrest 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 Forrest County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Myers, P.J., dissents without separate written opinion.

Deanie Lee, Individually and as Mother and Next Friend of Summer Jackson; Teresa A. Brown, Individually and as Mother and Next Friend of Erica Blankinchip and Ceselie Blankinchip; Guy Eric Blankinchip, Individually and as Father, Next Friend and Guardian of Erica Blankinchip and Ceselie Blankinchip; Guy Eric Blankinchip, Individually and as Administrator of the Estate of Beverly Blankinchip; J. C. Bell, Trustee and Dorothy M. Sipp v. Mississippi Department of Transportation; George Circuit Court; LC Case #: 2004-0281; Ruling Date: 02/08/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of George County 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.

Janice Weary v. Dr. Roger Blake, M.D. and The University of Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-05-946 CIV; Ruling Date: 03/13/2008; Ruling Judge: W. Yerger; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds 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 appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Danny Hurt v. State of Mississippi; Franklin Circuit Court; LC Case #: 07-KR-037A; Ruling Date: 02/15/2008; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Franklin County of conviction of armed robbery 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 and to pay restitution of $1,700 is affirmed. All costs of this appeal are assessed to Franklin County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Charles Douglas Owens, II v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2002-00187; Ruling Date: 08/11/2008; Ruling Judge: Lisa Dodson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dewayne Price v. State of Mississippi; Attala Circuit Court; LC Case #: 2007-099-(C)-CR; Ruling Date: 03/18/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Attala County Circuit Court of conviction of grand larceny and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Attala County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Wendell Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: CI2005-24; Ruling Date: 05/14/2008; Ruling Judge: W. Hines; Majority Opinion: Lee, P.J. Disposition: The judgment of the Washington County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. King, C.J., and Carlton, J., not participating.

Charles R. Nelson v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-136; Ruling Date: 08/20/2008; Ruling Judge: Betty Sanders; Majority Opinion: Lee, P.J. Disposition: The judgment of the Washington County Circuit Court of conviction of Count I, uttering a forgery, and sentence of ten years with five years suspended; Count II, conspiracy, and sentence of five years with two and one-half years suspended; Count III, uttering a forgery, and sentence of ten years with five years suspended; and Count IV, conspiracy, and sentence of five years with two and one-half years suspended; with the sentence in Count II to run consecutively to the sentence in Count I; with the sentence in Count III to run consecutively to the sentences in Counts I and II; and with the sentence in Count IV to run concurrently with the sentences in Counts I, II, and III, all in the custody of the Mississippi Department of Corrections, and to pay restitution in the amount of $916 to Thompson Management Services and $700.50 to County Housing RHED Grant, is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Linda Laffitte and Harry Laffitte v. Southern Financial Systems, Inc.; Wayne Circuit Court; LC Case #: CV-2008-70B; Ruling Date: 10/10/2008; Ruling Judge: Robert Bailey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Wayne County Circuit Court is affirmed. Double costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in result only.

Cavin Earl Reed v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B240207-344; Ruling Date: 03/20/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections without eligibility for parole is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Herbert Ernest Grayson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2007-70902; Ruling Date: 02/19/2008; Ruling Judge: Stephen Simpson; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of a controlled substance with the intent to distribute 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 the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Belinda Ellzey v. Eddie Owen McCormick; Copiah Chancery Court; LC Case #: 2003-208; Ruling Date: 07/16/2007; Ruling Judge: Edward Patten, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

David Wayne Gaddy v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-07-49; Ruling Date: 02/06/2008; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Order entered.