09/23/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CA-00746-COA

Jamie L. Kirkley v. Forrest County General Hospital, A Political Subdivision of the State of Mississippi; Forrest Circuit Court; LC Case #: CI01-0136; Ruling Date: 01/02/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit 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., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Ray Cullens v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-586; Ruling Date: 02/09/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Lee County Circuit Court of conviction of Count I, kidnapping, and sentence of twenty years, and Count II, aggravated assault, and sentence of twenty years, with sentences to run concurrently and with five years suspended for each count, all 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., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Bobby Earl Wilson, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0155V; Ruling Date: 07/24/2007; Ruling Judge: Frank Vollor; Majority Opinion: Carlton, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Brandi McMahan v. Mona Webb, Successor of Patricia Dianne Lyons, Conservator for Amy M. Mallette; Jackson Chancery Court; LC Case #: 2002-1624-JB; Ruling Date: 02/09/2006; Ruling Judge: Jaye Bradley; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Jackson County 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, Roberts and Carlton, JJ., concur.

Atiba Parker v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0231-CR1; Ruling Date: 11/17/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of Count I, sale of cocaine, and sentence of twenty years, and Count II, sale of cocaine, and sentence of fourteen years to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, and a fine of $10,000, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur. Irving, J., concurs in part and in the result.

Willie S. Thomas v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0436-CV; Ruling Date: 10/19/2007; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: 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 Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Leon Lamar Trotter v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5797; Ruling Date: 06/16/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Humphreys 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 the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

David Michael Andrews v. Tina Ford, Administratrix of the Estate of Robert Lee Ford III, Deceased; Rankin Circuit Court; LC Case #: 2006-144-R; Ruling Date: 03/08/2007; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Maggie Mayweather v. Isle of Capri Casino, Inc. d/b/a Isle of Capri Corporation; Coahoma Circuit Court; LC Case #: 14-CI-03-0087; Ruling Date: 02/07/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Coahoma County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only.

John Anthony Magyar v. State of Mississippi; Washington Circuit Court; LC Case #: CI2007-39; Ruling Date: 04/05/2007; Ruling Judge: W. Hines; Majority Opinion: Griffis, J. Disposition: The judgment of the Washington County Circuit Court dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Chandler, J., not participating.

Joseph Antwan Glenn a/k/a Joseph Antwon Glenn, Gregory Smith and Crystal Daniels v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-074-CR2; Ruling Date: 05/19/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: As to each appellant, respectively, the judgment of the Circuit Court of Bolivar County of conviction of Count I, conspiracy to commit armed robbery, and sentence of five years, and Count II, attempted armed robbery, and sentence of twenty years, all in the custody of the Mississippi Department of Corrections, with sentences to run consecutively and without eligibility for parole, is affirmed. All costs of this appeal with respect to appellant Smith are assessed to Bolivar County. All costs of this appeal with respect to appellant Glenn and appellant Daniels are assessed to appellant Glenn and appellant Daniels, respectively. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

William Marian Threlkeld, Randy Kem Whitten, Iva Nell Whitten, Edward L. Maynard, Mary Ruth Whitten and Sandra K. Farley v. Mitchell L. Sisk, Grace Sisk, James Bruce Sisk, Sr. and Phyllis Sisk Goggans; Lee Chancery Court; LC Case #: 98-0143; Ruling Date: 05/03/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Donald Andrew Holbrook v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-06-00150; Ruling Date: 08/22/2006; Ruling Judge: Roger Clark; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of methamphetamine in an amount greater than 0.1 gram but less than 2.0 grams and sentence as a subsequent offender of ten years 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, Roberts and Carlton, JJ., concur.

Eric Roach a/k/a Eric Shane Roach v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0219-CV-1; Ruling Date: 05/24/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lowndes County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Octzavius Nekeith Weaver v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-071; Ruling Date: 07/18/2006; Ruling Judge: William Gowan, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, possession of a firearm by a convicted felon, and Count II, armed robbery, and sentenced as a habitual offender to life imprisonment for each count with sentences to run concurrently in the custody of the Mississippi Department of Corrections without eligibility for parole, probation, reduction or suspension of sentence, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Morris E. Courtney v. Wallace B. McCluggage; Greene Circuit Court; LC Case #: CV-2005-04-041(2); Ruling Date: 07/18/2007; Ruling Judge: Kathy Jackson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Greene County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in result only.

Charles Bougard v. Mary Bougard; Marshall Chancery Court; LC Case #: 04-0402; Ruling Date: 04/16/2007; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Marshall County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., not participating.

Lynette Criss v. Lipscomb Oil Company; Bolivar Circuit Court 2nd District; LC Case #: 2004-0010; Ruling Date: 08/30/2006; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Forest Hill Nursing Center, Inc., Long Term Care Management, LLC, Hugh Franklin, Scott A. Lindsey and Rhonda Bounds v. Mary Louise McFarlan and Patricia Mathews; Hinds Circuit Court 1st District; LC Case #: 251-04-851CIV; Ruling Date: 01/31/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. King, C.J., and Lee, P.J., would grant. Order entered.

Amy Nicole Williams v. Marcus Shane Stockstill; Pearl River Chancery Court; LC Case #: 05-0229-GN-D; Ruling Date: 02/13/2007; Ruling Judge: Sebe Dale, Jr.; Disposition: The motion for rehearing is denied. King, C.J., Griffis, Barnes and Carlton, JJ., would grant. Order entered.

City of Petal , Mississippi a Municipal Corporation v. Dixie Peanut Company d/b/a Dixie Ice Company; Forrest Circuit Court; LC Case #: CI-06-0104; Ruling Date: 02/01/2007; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.