09/18/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2010-CA-01930-COA

Joseph M. Pecanty, Jr. v. Marsha E. Pecanty; Warren Chancery Court; LC Case #: 2010-019GN; Ruling Date: 11/01/2010; Ruling Judge: Vicki Barnes; Majority Opinion: Fair, J. Disposition: The judgment of the Warren 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, Carlton, Maxwell and Russell, JJ., Concur.

Dennis Jobe a/k/a Dennis James Jobe, Jr. a/k/a Dennis Jobe, Jr. a/k/a Dennis J. Jobe, Jr. a/k/a Dennis James Jobe v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2009-0764CD; Ruling Date: 02/07/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Fair, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections, to run consecutively to any sentence currently being served, as a habitual offender without eligibility for parole or probation, and to pay a $1,000 fine and $100 to the Mississippi Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

Kim Wade v. Mississippi Real Estate Commission; Hinds Circuit Court 1st District; LC Case #: 251-10-703CIV; Ruling Date: 07/13/2011; Ruling Judge: Tomie Green; Majority Opinion: Fair, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and remanded. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

Herman Saunders a/k/a Herman Fitzearld Saunders a/k/a Robert Marsh a/k/a Mickey Marsh a/k/a Adrian Marsh v. State of Mississippi; Rankin Circuit Court; LC Case #: 2011-325E; Ruling Date: 11/21/2011; Ruling Judge: John Emfinger; Majority Opinion: Fair, J. Disposition: The judgment of the Rankin County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

James L. "Buzz" Miles v. Paul Moak of Ridgeland, Inc. and Willoughby S. "Chip" Burns; Hinds Circuit Court 1st District; LC Case #: 251-10-276CIV; Ruling Date: 03/08/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Russell, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Russell, J.

Jason Earl Sanders a/k/a Jason Sanders a/k/a Jason E. Sanders v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0188-CR; Ruling Date: 05/18/2011; Ruling Judge: Richard Smith; Majority Opinion: Carlton, J. Disposition: The judgment of the Washington County Circuit Court of conviction of manufacture of a Schedule II controlled substance (Methamphetamine) and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with five years to serve, followed by five years of post-release supervision, then five years of unsupervised probation, and to pay a fine of $5,000 and $300 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

William Martin Falkner and wife, Valerie J. Falkner v. John E. Stubbs, Jr. d/b/a Mississippi Polysteel; Chickasaw Circuit Court 1st District; LC Case #: H-2001-95; Ruling Date: 09/01/2010; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing is denied. Order entered.

Carl Patterson, Jr. v. T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc.; Marion Circuit Court; LC Case #: 2009-0043P; Ruling Date: 10/11/2010; Ruling Judge: R. Prichard, III; Disposition: The motions for rehearing are denied. Griffis, P.J., Barnes and Maxwell, JJ., would grant. Carlton and Fair, JJ., not participating. Order entered.

Alphonso Jones v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2010-1218P-PC; Ruling Date: 12/21/2010; Ruling Judge: Michael Eubanks; Majority Opinion: Roberts, J. Disposition: The judgment of the Pearl River County Circuit Court dismissing the motion for post-conviction relief is reversed and rendered. All costs of this appeal are assessed to Pearl River County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-041(W); Ruling Date: 04/18/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Order entered.

John Bartholemew Lowe a/k/a John B. Lowe v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-343-KR2; Ruling Date: 04/13/2011; Ruling Judge: Billy Landrum; Majority Opinion: Carlton, J. Disposition: The judgment of the Jones County Circuit Court of conviction of five counts of exploitation of a child and sentence as a habitual offender of life imprisonment on each count, with the sentence in Count I to run consecutively to the sentences in all other counts, and the sentences in Counts II, III, IV, and V to run concurrently with each other, without eligibility for parole or probation, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts, Maxwell and Fair, JJ., Concur. Ishee, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., and Russell, J. Dissenting Opinion: Ishee, J. Votes: Griffis, P.J., and Russell, J., Join This Opinion.