09/22/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2007-KA-01279-COA

John Albert Woods, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2006-00044; Ruling Date: 03/09/2007; Ruling Judge: Lisa Dodson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of Count I, statutory rape, and sentence of thirty years; Count II, sexual battery, and sentence of thirty years to run concurrently with Count I; Count IV, touching of a child for lustful purposes, and sentence of ten years to run consecutively to Counts I and II; and Count V, touching of a child for lustful purposes, and sentence of ten years to run consecutively to Counts I, II, and IV, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Kay Sherman Tyrone v. Jimmie L. Tyrone; Lawrence Chancery Court; LC Case #: 2003-0227; Ruling Date: 04/25/2007; Ruling Judge: J. Buffington; Majority Opinion: Roberts, J. Disposition: The judgment of the Lawrence County Chancery 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

John Gales v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2007-680-CD; Ruling Date: 12/12/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count I, conspiracy to possess 250 dosage units of pseudoephedrine and/or ephedrine, and sentence as a habitual offender of five years, and Count II, unlawful possession of pseudoephedrine and/or ephedrine, and sentence of five years, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections, and to pay a $1,000 fine is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Gwen Hill v. Ruby Harper; Alcorn Chancery Court; LC Case #: 06-0693-02MM; Ruling Date: 05/27/2008; Ruling Judge: C. Malski; Majority Opinion: Roberts, J. Disposition: The judgment of the Alcorn County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are divided equally between the appellant and the appellee. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Myers, P.J., dissents without separate written opinion. Irving, J., not participating.

Michael McDuffie v. Kathi McDuffie; Jackson Chancery Court; LC Case #: 2001-0156-RP; Ruling Date: 11/26/2007; Ruling Judge: Randy Pierce; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson 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, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Johnny Brown a/k/a Johnny Ray Brown a/k/a Johnny R. Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-235; Ruling Date: 07/24/2006; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of murder and sentence as a habitual offender of 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., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

In the Matter of the Last Will and Testament and Estate of Mack H. McCorkle, Sr., Deceased: Donald McCorkle v. Ruth Beeson, Administratrix of the Estate of Mack McCorkle, Sr., Deceased; Amite Chancery Court; LC Case #: 2003-0149; Ruling Date: 03/07/2008; Ruling Judge: Debbra Halford; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Amite County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Otis Lee Banks v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0043CI; Ruling Date: 04/17/2008; Ruling Judge: Frank Vollor; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Warren County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Coy Michael Edmond v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK06-255; Ruling Date: 05/23/2008; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of sexual battery of a child over fourteen and under sixteen years of age and sentence of thirty years in the custody of the Mississippi Department of Corrections, with twenty years suspended and five years of post-release supervision, and to pay $50,000 in restitution is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Terry Sanders v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2008-92; Ruling Date: 07/23/2008; Ruling Judge: Roger Clark; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for 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, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-096(B); Ruling Date: 09/08/2008; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lauderdale County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Mac Kenzie Willis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-544-CV-L; Ruling Date: 05/28/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Grenada County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

James A. Steward v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0307-CV; Ruling Date: 05/06/2008; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. King, C.J., concurs in result only. Roberts, J., concurs in part and in the result.

David J. Fields a/k/a David Jarrod Fields v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2001-754RD; Ruling Date: 02/27/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Myers, P.J. Disposition: The judgment of the DeSoto County Circuit Court is affirmed. All costs of the appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in result only.

Gail Lee Burris a/k/a Slim v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2008-108P; Ruling Date: 07/07/2008; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lawrence County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lawrence County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Courtney Hill v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2006-0031-CR; Ruling Date: 10/02/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Clifton Gatlin v. State of Mississippi; Madison Circuit Court; LC Case #: 2006-0332R; Ruling Date: 08/21/2007; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.

Glen D. Jackson v. Charles Carter, Individually and in His Capacity as a Registered Forester and d/b/a Mid-South Forestry, Mid-South Forestry, Inc. and Richard Chism d/b/a Chism Logging; Union Circuit Court; LC Case #: U-2007-174; Ruling Date: 02/05/2008; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Order entered.

Muriel Penny v. State of Mississippi; Tate Circuit Court; LC Case #: CV2007-049IBT; Ruling Date: 03/11/2008; Ruling Judge: Andrew Baker; Disposition: The motion for rehearing is denied. Order entered.

Walter Conlee v. State of Mississippi; Rankin Circuit Court; LC Case #: 2008-24; Ruling Date: 05/23/2008; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.

Brooks Barnes v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0170-CVC; Ruling Date: 04/29/2008; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: Rehearing was granted on the Court's own motion. The original opinion is withdrawn, and this modified opinion is substituted therefor. The judgment of the Oktibbeha County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.