09/19/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-CA-00128-COA

Robert D. MacDonald, Decedent, by and through Nancy L. MacDonald, Individually and as Executrix of the Estate of Robert D. MacDonald, Deceased, and Representative of All Heirs-at-Law of the Decedent, Robert D. MacDonald v. Mississippi Department of Transportation; Hancock Circuit Court; LC Case #: 02-0110; Ruling Date: 09/28/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Roberts, J. Disposition: The judgment of the Hancock County Circuit Court is reversed and remanded to the Circuit Court for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Robin D. Barnes v. State of Mississippi; Pike Circuit Court; LC Case #: 05-182-PKS; Ruling Date: 07/21/2005; Ruling Judge: Mike Smith; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Pike County dismissing Barnes's 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., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Gulfport-Biloxi Regional Airport Authority v. Montclair Travel Agency, Inc. d/b/a Montclair Travel and Peter A. Zimmermann, Individually and as Agent of Montclair Travel; Harrison Circuit Court 1st District; LC Case #: A2401-2004-86; Ruling Date: 11/23/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed and remanded for a new trial. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Brett Jones v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-833; Ruling Date: 05/20/2005; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Raymond Smith v. Petal School District; Forrest Chancery Court; LC Case #: 05-0092-GN-TH; Ruling Date: 06/20/2005; Ruling Judge: James Thomas, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

City of Natchez v. Irma Jackson and Husband, Melvin Jackson; Adams Circuit Court; LC Case #: 03-KV-0176-S; Ruling Date: 12/09/2004; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Taurus Caldwell v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0211CICR; Ruling Date: 12/06/2004; Ruling Judge: Richard Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Leflore County of conviction of possession of marijuana with intent to distribute and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Parco Roland a/k/a Antonio Parco Roland a/k/a Tony A. Roland a/k/a "Parco-Poco" a/k/a Antonio Roland a/k/a Parco Antonio Roland a/k/a Parko Roland v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-066(R); Ruling Date: 05/20/2005; Ruling Judge: Larry Roberts; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction relief is affirmed. The clerk shall provide a copy of this opinion to the Mississippi Department of Corrections with the instruction that the Department is directed and ordered that an additional sixty (60) days of accrued earned time shall be forfeited by Roland within the parameters of Section 47-5-138 of the Mississippi Code Annotated. All costs of this appeal are assessed to Lauderdale County. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only. Roberts, J., not participating.

Curtis Carlton Bennett v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-2004-85; Ruling Date: 10/07/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of murder and sentence to life 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., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Gregory Darnell Moffett v. State of Mississippi; Adams Circuit Court; LC Case #: 04-KR-01160-J; Ruling Date: 11/18/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Adams County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are assessed to Adams County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Michael Deloach a/k/a Michael De'Loach a/k/a Michael Tyrone DeLoach v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0126-CV; Ruling Date: 05/05/2005; Ruling Judge: Lee Howard; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Terry Dykes v. Shelia Edwards Dykes McMurry; Perry Chancery Court; LC Case #: 2003-0039-Th; Ruling Date: 03/30/2005; Ruling Judge: James Thomas, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Perry County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Lynda Crayton, Administratrix of the Estate of James H. Crayton, Deceased v. Valerie M. Burley and Jessica H. Crayton; Alcorn Chancery Court; LC Case #: 97-0134-02L; Ruling Date: 04/14/2005; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Southwick, J. Disposition: The judgment of the Alcorn County Chancery 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, Ishee and Roberts, JJ., concur.

Sarah J. Griffin, et al. v. Brian Development Co., Inc., et al.; Wilkinson Chancery Court; LC Case #: 2004-0075; Ruling Date: 01/25/2005; Ruling Judge: Kennie Middleton; Majority Opinion: Lee, P.J. Disposition: The judgment of the Wilkinson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Stingley v. Redland Insurance Company; Pearl River Circuit Court; LC Case #: 2005-0035E; Ruling Date: 06/20/2005; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Barnes, J., concurs in result only.

Herring Gas Company, Inc. v. Paul M. Newton, Jr., Jonathan B. Fairbank and Michael M. Taylor; Harrison Chancery Court 1st District; LC Case #: 03-00643-3; Ruling Date: 02/05/2004; Ruling Judge: Sanford Steckler; Disposition: The appellant's motion for rehearing is denied. Lee, P.J., and Griffis, J., would grant. Order entered.

Geraldine Allen v. State of Mississippi; George Circuit Court; LC Case #: 2003-10,027(3); Ruling Date: 01/21/2005; Ruling Judge: Dale Harkey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of George County of conviction of exploitation of a child and sentence of fifteen years in the custody of the Mississippi Department of Corrections with the last five years on post-release supervision, pay a $5,000 fine, and register as a sex offender, is affirmed. All costs of this appeal are assessed to George County. Votes: King, C.J., Myers, P.J., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., specially concurs with separate written opinion joined by Lee and Myers, P.JJ., Chandler, Griffis and Barnes, JJ. Irving, J., concurs in result only. Specially Concurring Opinion: Roberts, J. Votes: Lee and Myers, P.JJ., Chandler, Griffis and Barnes, JJ., join this opinion.