09/18/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2006-CP-01370-COA

Edwin Glenn Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2006-00171; Ruling Date: 07/25/2006; Ruling Judge: Roger Clark; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County denying 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, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Donald Raspberry v. City of Aberdeen; Monroe Circuit Court; LC Case #: CR-05-283; Ruling Date: 08/28/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Barnes, J. Disposition: The appeal from the Circuit Court of Monroe County is dismissed. 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.

Edward Bruce Kelley v. Julie Ann Day; Harrison Chancery Court 1st District; LC Case #: 04-00912-3; Ruling Date: 04/22/2005; Ruling Judge: Sanford Steckler; Consolidated with 2006-CA-00522-COA Edward Bruce Kelley v. Julie Ann Day; Harrison Chancery Court 1st District; LC Case #: 04-00912-3; Ruling Date: 03/10/2006; Ruling Judge: Sanford Steckler; Majority Opinion: Myers, P.J. Disposition: The judgments of the Chancery Court of Harrison County are affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents with separate written opinion, joined by Lee, P.J. and Barnes, J. Dissenting Opinion: Irving, J. Votes: Lee, P.J. and Barnes, J., join this opinion.

Michael James McDonald v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-05-00068; Ruling Date: 05/24/2006; Ruling Judge: Roger Clark; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of two counts of gratification of lust and sentence of fifteen years on each count, with said 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.

Kendrix B. Johnson v. State of Mississippi; Lincoln Circuit Court; LC Case #: 06-108LT; Ruling Date: 08/28/2006; Ruling Judge: Michael Taylor; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of simple assault on a law enforcement officer and sentence of five years, with four years to serve in the custody of the Mississippi Department of Corrections and one year of post-release supervision and to pay a $1,000 fine, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Thomas Byrd v. Paw Paw's Camper City, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2006-00087; Ruling Date: 10/03/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Harrison County, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only.

Olan Callins v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR03-026; Ruling Date: 09/27/2005; Ruling Judge: Paul Funderburk; Disposition: The appellee's motion for rehearing is denied. Order entered.

Yolanda Fay Williams v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-048; Ruling Date: 12/10/2004; Ruling Judge: Betty Sanders; Disposition: The appellant's motion for rehearing is denied. Order entered.

James Todd Lackie a/k/a James T. Lackie v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-0099-CR1; Ruling Date: 03/03/2005; Ruling Judge: James Kitchens, Jr.; Disposition: The appellant's motion for rehearing is denied. Order entered.

Zachary Conner v. State of Mississippi; Warren Circuit Court; LC Case #: 04,0247-CR-P; Ruling Date: 07/01/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: The appellant's motion for rehearing is denied. Order entered.

Billy Nelson and Gaynelle Nelson, Individually and as Parents and Next Friends of Justin Nelson, a Minor, and as Representatives of All Wrongful Death Beneficiaries of Bobby Nelson, Deceased v. Baptist Memorial Hospital - North Mississippi, Inc.; William E. Henderson, Jr., M.D., General Partner; Oxford Clinic for Women, a Partnership; Ira Lamar Couey, M.D., General Partner; and R. Blake Smith, M.D., General Partner; Lafayette Circuit Court; LC Case #: L03-265; Ruling Date: 06/23/2004; Ruling Judge: Henry Lackey; Disposition: The appellees' motion for rehearing is denied. Carlton, J., would grant. Barnes, J., not participating. Order entered.

University of Mississippi Medical Center v. Gloria Johnson, Administratrix of the Estate of Brenda Easter, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-1264CIV; Ruling Date: 10/05/2005; Ruling Judge: Tomie Green; Disposition: The appellant's motion for rehearing is denied. Order entered.

Hinds County School District Board of Trustees v. R.B., a Minor by and through His Next Friend, D.L.B.; Hinds Chancery Court 1st District; LC Case #: G2004-563-W/4; Ruling Date: 01/30/2006; Ruling Judge: Patricia Wise; Majority Opinion: King, C.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving, Chandler, Barnes and Ishee, JJ., concur. Roberts, J., dissents with separate written opinion, joined by Lee and Myers, P.JJ. Griffis and Carlton, JJ. Dissenting Opinion: Roberts, J. Votes: Lee and Myers, P.JJ., Griffis and Carlton, JJ., join this opinion.

John W. Booze a/k/a John Booze v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0556; Ruling Date: 04/03/2006; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Circuit Court is reversed and remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.