09/17/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-KA-01188-COA

Lakoski Kedale Fulton v. State of Mississippi; Neshoba Circuit Court; LC Case #: 11-CR-0074-NS-G; Ruling Date: 07/12/2012; Ruling Judge: Marcus Gordon; Majority Opinion: James, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of armed robbery and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Kevin L. Howell v. USAA Casualty Insurance Company; Forrest Circuit Court; LC Case #: CI09-0052; Ruling Date: 11/02/2011; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Forrest County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee and Roberts, JJ., Concur. Griffis, P.J., Concurs in Result Only Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion. Maxwell and Fair, JJ., Not Participating.

Brandon Bunch a/k/a Brandon Coleman Bunch a/k/a Brandon C. Bunch v. State of Mississippi; Wayne Circuit Court; LC Case #: 11-47K; Ruling Date: 01/25/2012; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Wayne County Circuit Court of conviction of five counts of burglary of an automobile and sentence as a habitual offender on each count to life imprisonment, with the sentences to run concurrently with each other but consecutively to a previous sentence, all 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Tellus Operating Group, LLC v. Maxwell Energy, Inc.; Jefferson Davis Chancery Court; LC Case #: 2006-0259; Ruling Date: 01/31/2012; Ruling Judge: David Shoemake; Majority Opinion: Carlton, J. Disposition: The judgment of the Jefferson Davis County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Donald and Natalie Robohm v. Wheeler Roofing, Inc., and Belfor USA Group, Inc., (Incorrectly named in the Complaint as Balfour Beatty Construction, LLC); Jackson Circuit Court; LC Case #: 2008-00,504(1); Ruling Date: 08/29/2011; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Wells Fargo Advisors, LLC v. Janelle Pritchard, Robert A. Pritchard Marital Trust and Hickory Street, LLC; Jackson Circuit Court; LC Case #: 2009-00157(1); Ruling Date: 03/20/2012; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson 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: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and James, JJ., Concur. Maxwell and Fair, JJ., Not Participating.

Alvin Barksdale v. State of Mississippi; Marshall Circuit Court; LC Case #: CV12-186; Ruling Date: 06/01/2012; Ruling Judge: John Gregory; Majority Opinion: Carlton, 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: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Jimmy Newton Pruitt, III a/k/a Jimmy Pruitt a/k/a Jimmy Pruitt, III v. State of Mississippi; Issaquena Circuit Court; LC Case #: 4322-C; Ruling Date: 04/11/2012; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Issaquena County Circuit Court of conviction of possession of a cell phone in a jail or correctional facility and sentence of ten years in the custody of the Mississippi Department of Corrections, with five years suspended and five years to serve, followed by five years of post-release supervision is affirmed. All costs of this appeal are assessed to Issaquena County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Roy L. Stewart a/k/a Roy Stewart a/k/a Roy L. Steward a/k/a Roy Steward v. State of Mississippi; Washington Circuit Court; LC Case #: 2011-0066CR; Ruling Date: 05/14/2012; Ruling Judge: Betty Sanders; Majority Opinion: Roberts, J. Disposition: The judgment of the Washington County Circuit Court of conviction of burglary and sentence of six years in the custody of the Mississippi Department of Corrections, with four years to serve and two years of post-release supervision is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Angela Janette Lee Keith v. Sean Franklin Keith; Forrest Chancery Court; LC Case #: 09-0306-GN-D; Ruling Date: 12/22/2011; Ruling Judge: Dawn Beam; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

John F. Gussio, Jr., Broker; Gregory Joseph Gussio, Broker/Salesperson and Gussio Realty, Inc. v. Mississippi Real Estate Commission; Madison Circuit Court; LC Case #: CI-2011-0450-E; Ruling Date: 06/08/2012; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

The Estate of Elsie Luster Through Its Administrator, Larry Gusman v. Mardi Gras Casino Corp.; Hancock Circuit Court; LC Case #: 09-0319; Ruling Date: 06/29/2012; Ruling Judge: John Gargiulo; Majority Opinion: Ishee, J. Disposition: The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion.

Charles Dennis Harris a/k/a Charles Harris v. State of Mississippi; Rankin Circuit Court; LC Case #: 23185; Ruling Date: 02/23/2012; Ruling Judge: William Chapman, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of felonious child abuse and sentence of thirty years in the custody of the Mississippi Department of Corrections, with eight years suspended and five years of supervised probation, is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

TJ's Western Ware, Inc. and Jean H. Ramey Holder v. Ronald K. Jefcoat; Forrest Circuit Court; LC Case #: CI08-0235; Ruling Date: 04/18/2011; Ruling Judge: Robert Helfrich; Majority Opinion: Irving, P.J. Disposition: The judgment of the Forrest 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: Lee, C.J., Griffis, P.J., Barnes, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Ishee, J. Fair, J., Not Participating. Dissenting Opinion: Carlton, J. Votes: Ishee, J., Joins This Opinion.

Bill Person v. Denbury Onshore, LLC, a Delaware Limited Liability Company; Pike Chancery Court; LC Case #: 2008-582; Ruling Date: 03/01/2012; Ruling Judge: Debbra Halford; Majority Opinion: Irving, P.J. Disposition: The judgment of the Pike County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Albert Edmond a/k/a Albert Edmonds v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-469; Ruling Date: 12/05/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Ronnie Harper a/k/a Ronnie Denver Harper a/k/a Ronnie D. Harper v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2012-00039; Ruling Date: 06/29/2012; Ruling Judge: Lisa Dodson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison County Circuit Court denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Irving, P.J., Barnes, Carlton, Maxwell and Fair, JJ., Concur. Griffis, P.J., and Roberts, J., Concur in Part and in the Result. James, J., Concurs in Part and Dissents in Part. Ishee, J., Not Participating.

Mark Matthews a/k/a Mark David Mathews a/k/a Mark D. Mathews a/k/a Mark David Matthews a/k/a Mark Mathews v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2011-0670-E; Ruling Date: 08/29/2012; Ruling Judge: John Emfinger; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, simple assault, and sentence of 180 days, with thirty days to serve and 150 days suspended for two years and to pay a fine of $190; and Count II, disorderly conduct, and sentence of 180 days, with five days to serve and 175 days suspended for two years, and to pay a fine of $160, with the sentences in Counts I and II to run consecutively, all in the custody of the sheriff of Madison County, Mississippi, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Ishee, Roberts, Carlton and Fair, JJ., Concur. Barnes and Maxwell, JJ., Concur in Part and in the Result. Irving, P.J., and James, J., Concur in Part and Dissent in Part.

Diane Gaston v. Tyson Foods Inc., a Self-Insurer; Mississippi Workers' Compensation Commission; LC Case #: 0613179-J-7888-E 32; Ruling Date: 12/06/2012; Majority Opinion: Lee, C.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

In the Matter of Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Benny Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-0802649-4; Ruling Date: 06/17/2011; Ruling Judge: Carter Bise; Consolidated with 2010-CA-01222-COA In Matter of A Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Bennie Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-0802649-4; Ruling Date: 06/22/2010; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Robert C. Lehman, A Professional Law Corporation v. Mississippi Transportation Commission, Normand Children Diversified Class Trust, United Truck Group, LLC, and Truck Capital, LLC; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-09-2073,2074 & 2075; Ruling Date: 07/07/2011; Ruling Judge: Gaston Hewes, Jr.; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

Kenneth Payton v. Rod Cooke Construction Co. and Associated General Contractors of MS, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 08 12017-K-1715; Ruling Date: 07/01/2011; Disposition: The motion for rehearing is denied. James, J., not participating.

John Jones v. Jane Jones; Scott Chancery Court; LC Case #: 2009-0357; Ruling Date: 08/26/2011; Ruling Judge: Dan Fairly; Disposition: The motion for rehearing is denied.

Latitus Jones a/k/a Latidtus Jones v. State of Mississippi; Tunica Circuit Court; LC Case #: 2010-0051; Ruling Date: 08/23/2011; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied.

Joseph Robert Reith a/k/a Joseph R. Reith a/k/a Joseph Reith v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0455-C; Ruling Date: 09/22/2011; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. James, J., not participating.

Larry Hymes a/k/a Larry Edward Hymes v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0133CI; Ruling Date: 10/31/2011; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.

Lindsey Barrow a/k/a Lindsey B. Barrow v. State of Mississippi; Rankin Circuit Court; LC Case #: 23,364-C; Ruling Date: 05/20/2011; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Carlton, J., not participating.

Kenneth Eugene Fox, Sr. a/k/a Kenneth Fox a/k/a Kenneth E. Fox a/k/a Kenneth E. Fox, Sr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-104GCD; Ruling Date: 01/26/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: The motion for rehearing is denied.

Dexter Watson v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2011-51; Ruling Date: 01/19/2012; Ruling Judge: Lamar Pickard; Disposition: The supplemental motion for rehearing is denied. James, J., not participating.

Joy Huhn a/k/a Joy Lauren Huhn v. State of Mississippi and City of Brandon, Mississippi; Rankin Circuit Court; LC Case #: 23665-E; Ruling Date: 03/06/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. James, J., would grant.