09/16/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CP-00836-COA

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo v. Christopher Epps; Greene Circuit Court; LC Case #: 2005-04-043(1); Ruling Date: 04/03/2007; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, J. Disposition: The judgment of the Greene County Circuit Court is affirmed. All costs of this appeal are assessed to Greene County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Patrick O'Neal Cook v. State of Mississippi; Pike Circuit Court; LC Case #: 06-324-PCS; Ruling Date: 11/29/2006; Ruling Judge: Michael Taylor; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Pike County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Gregory S. Dalton, Individually and d/b/a Louisville Electronics v. Cellular South, Inc.; Winston Circuit Court; LC Case #: 2006-013-CV-L; Ruling Date: 04/04/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Winston County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Barnes, Ishee and Carlton, JJ., concur. Irving, J., dissents with separate written opinion joined by Lee, P.J., and Chandler, J. Griffis, J., not participating. Dissenting Opinion: Irving, J. Votes: Lee, P.J., and Chandler, J., join this separate opinion.

Rodney Loron Jones v. State of Mississippi; Lee Circuit Court; LC Case #: CV07-055(G)L; Ruling Date: 05/15/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Lee County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Ray Charles Lenoir v. State of Mississippi; Monroe Circuit Court; LC Case #: CV04-452-AM; Ruling Date: 06/14/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Monroe County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Regina Krickbaum v. State of Mississippi; Clay Circuit Court; LC Case #: 2006-130; Ruling Date: 07/17/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Clay County Circuit Court is dismissed without prejudice. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Stephanie Roberson v. LFI Fort Pierce, Inc., Deep South Trucking, Mississippi Insurance Guaranty Association and American Interstate Insurance Company; Lamar Circuit Court; LC Case #: 2007-0195; Ruling Date: 12/11/2007; Ruling Judge: Michael Eubanks; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Richard Marshall v. Burger King, Sydran and The Worley Companies; Warren Circuit Court; LC Case #: 05,0061-CI; Ruling Date: 01/22/2007; Ruling Judge: Frank Vollor; Majority Opinion: Ishee, J. Disposition: The judgment of the Warren County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Ann Timothy Georgian, Peter Timothy Georgian and Gus Timothy Georgian v. Georgia Beldekas Harrington; Forrest Chancery Court; LC Case #: 05-0314-GN-TH; Ruling Date: 03/06/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Demetry Kendrick, Lora Kendrick and Curtis Kendrick v. Mississippi Farm Bureau Insurance and Derrick Vance; Hinds Circuit Court 1st District; LC Case #: 251-04-1060; Ruling Date: 12/15/2006; Ruling Judge: W. Yerger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Michael S. Henry, James N. Henry, William Henry, Larry H. Henry and David N. Henry v. John S. Moore and Karen J. Moore; Oktibbeha Chancery Court; LC Case #: 2000-0188; Ruling Date: 02/05/2007; Ruling Judge: C. Malski; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Oktibbeha County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Willena Jenkins, in her Capacity as Adminstratrix of the Estate of Janice Kaye Jenkins, Deceased v. DeMarcus Deante Jenkins; Pike Chancery Court; LC Case #: 99-447; Ruling Date: 06/21/2007; Ruling Judge: Debbra Halford; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Pike County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Estate of Cherry M. Deiorio, by and through Chad Deiorio, Administrator of the Estate of Cherry M. Deiorio, for the use and benefit of the Estate of Cherry M. Deiorio, Deceased, and for the use and benefit of the wrongful death beneficiaries of Cherry M. Deiorio v. Pensacola Health Trust, Inc., and Delta Health Group, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-01-00323; Ruling Date: 02/28/2007; Ruling Judge: Lisa Dodson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only. Barnes, J., not participating.

Leo Short, Jr. v. State of Mississippi; Jefferson Circuit Court; LC Case #: C#2006-68KR; Ruling Date: 06/25/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Jefferson County Circuit Court is reversed and remanded. All costs of this appeal are assessed to Jefferson County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

David Paul Wilson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-05-0289; Ruling Date: 06/16/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of Count I, fondling, and sentence of seven years and Count II, sexual battery, and sentence of twenty years, with both sentences to be served concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Gregory Vincent Baker v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2005-0129; Ruling Date: 07/13/2007; Ruling Judge: Charles Webster; Majority Opinion: Lee, P.J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Count I, manufacture of a controlled substance, and sentence of ten years with five years of post-release supervision; Count II, possession of precursor chemicals with intent to manufacture a controlled substance, and sentence of ten years with five years of post-release supervision; Count III, conspiracy, and sentence of three years, with sentences in Counts II and III to run concurrently to sentence in Count I, all in the custody of the Mississippi Department of Corrections, a fine of $10,000, and a fee of $600 to the Mississippi Crime Laboratory, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Ellis Willie Dawkins v. State of Mississippi; Marshall Circuit Court; LC Case #: M2007-320; Ruling Date: 10/02/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Lee, P.J. Disposition: The judgment of the Marshall County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Carl James Caviness v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-07-198; Ruling Date: 05/30/2007; Ruling Judge: Stephen Simpson; Majority Opinion: King, C.J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., specially concurs with separate written opinion. Specially Concurring Opinion: Roberts, J.

David Washington v. Marian L. Kelsey; Leake Circuit Court; LC Case #: 01-CV-062-LE; Ruling Date: 05/23/2006; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Order entered.

Kevie Cory Davis v. State of Mississippi; Sharkey Circuit Court; LC Case #: 3076; Ruling Date: 05/08/2006; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Kisha Woods v. State of Mississippi; Yazoo Circuit Court; LC Case #: 25-9964; Ruling Date: 08/24/2006; Ruling Judge: Mike Smith; Disposition: The motion for rehearing is denied. Order entered.

Public Employees' Retirement System v. Mary Card; Hinds Circuit Court 1st District; LC Case #: 251-04-687CIV; Ruling Date: 12/12/2006; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Order entered.

Johnson Electric Automotive, Inc., and Zurich American Insurance Company v. Betty Colebrook; Lowndes Circuit Court; LC Case #: 2006-0063-CV1; Ruling Date: 03/07/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

Jeffrey Allen Richardson v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2006-902-C-D; Ruling Date: 05/02/2007; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Richard Hager v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2006-035P; Ruling Date: 04/18/2007; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Order entered.

Carl Bryan Johnson v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2006-0027-CR-1; Ruling Date: 11/28/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.