09/23/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-KA-00396-COA

Certis Ratliff, Sr. a/k/a Certis Ratliff v. State of Mississippi; Pike Circuit Court; LC Case #: 09-251-PKT; Ruling Date: 10/17/2011; Ruling Judge: Michael Taylor; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections and to pay a $5,000 fine is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Kendrick Jeroum Body a/k/a Kendrick Jeroume Body v. State of Mississippi; Newton Circuit Court; LC Case #: 12-CR-012-NW-G; Ruling Date: 04/11/2013; Ruling Judge: Marcus Gordon; Majority Opinion: James, J. Disposition: The judgment of the Newton County Circuit Court of conviction of possession of a firearm by a convicted felon and sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Newton County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Quintoris Bowdry v. State of Mississippi; Lee Circuit Court; LC Case #: CV13-108(PF)C; Ruling Date: 09/11/2013; Ruling Judge: Paul Funderburk; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Lee County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Gateway United Methodist Church of Gulfport, Mississippi v. Mississippi Transportation Commission; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-11-1888; Ruling Date: 04/16/2013; Ruling Judge: Gaston Hewes, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Harrison County Special Court of Eminent Domain is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Ishee, J., Not Participating.

Jeffery Mitchum a/k/a Jeffrey Odell Mitchum v. State of Mississippi; Rankin Circuit Court; LC Case #: 23,830; Ruling Date: 02/13/2013; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I, gratification of lust, and sentence of fifteen years, and Count II, sexual battery, and sentence of thirty years, with the sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Elijah Strong v. North Mississippi Center for Higher Educational Advancement, Inc. and Warren E. Stamps; Clay Circuit Court; LC Case #: 2011-0104-K; Ruling Date: 03/25/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Clay County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Frederick Emanuel Scurlock a/k/a Frederick Scurlock a/k/a Fred Scurlock a/k/a Frederick E. Scurlock v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2013-12JMP2; Ruling Date: 04/30/2013; Ruling Judge: James McClure, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Panola County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

David A. Roberts v. Liza Daniella Lopez; Jackson Chancery Court; LC Case #: 2010-0236; Ruling Date: 05/06/2013; Ruling Judge: Hollis McGehee; Majority Opinion: Irving, P.J. Disposition: The judgment of the Jackson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes and James, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Jay Foster v. Paul Kotsakos; Harrison Chancery Court 2nd District; LC Case #: 24CH2:13-cv-00119; Ruling Date: 06/14/2013; Ruling Judge: James Persons; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James C. Newell, Jr. a/k/a James C. Newell a/k/a James Newell a/k/a Chuck Newell v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0293-CR1; Ruling Date: 09/07/2012; Ruling Judge: Lee Coleman; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lowndes County Circuit Court is reversed, and this case is remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to Lowndes County. Votes: Irving, P.J., Barnes, Ishee, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J.; Roberts and Maxwell, JJ., Join In Part. Dissenting Opinion: Carlton, J. Votes: Griffis, P.J., Joins This Opinion. Roberts and Maxwell, JJ., Join This Opinion in Part.

Richard Chapman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-297CIV; Ruling Date: 12/10/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Kevin Thompson v. A & Z, Inc. a/k/a A & Z Painting; Lincoln Circuit Court; LC Case #: 2010-600-LS; Ruling Date: 11/14/2012; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied.

Wilson Young v. Thomas J. O'Beirne, Administrator of the Estate of Gloria Young, Deceased; Adams Chancery Court; LC Case #: 37,488; Ruling Date: 11/17/2011; Ruling Judge: Hollis McGehee; Disposition: The motion for rehearing is denied.

Sara Pulliam v. Mississippi State Hudspeth Regional Center and Mississippi State Agencies Workers' Compensation Trust; LC Case #: 0612253-J-6750; Ruling Date: 02/22/2013; Disposition: The appellant's motion for rehearing is denied. Maxwell, J., not participating.

Sara Pulliam v. Mississippi State Hudspeth Regional Center and Mississippi State Agencies Workers' Compensation Trust; LC Case #: 0612253-J-6750; Ruling Date: 02/22/2013; Disposition: The appellees' motion for rehearing is denied. Barnes, Ishee, Roberts and Carlton, JJ., would grant. Maxwell, J., not participating.

In the Matter of the Estate of Amanda Cleveland, Deceased: Becky Hodges, Administrator v. Heritage Properties, Inc. and U.S. Specialty Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-07-504CIV; Ruling Date: 02/21/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Wilson Krueger, III a/k/a Wilson M. Krueger a/k/a Wilson Matt Krueger a/k/a Wilson Matthew Krueger v. State of Mississippi; Scott Circuit Court; LC Case #: 12-CR-111-SC-C; Ruling Date: 03/06/2013; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied.

The Estate of Bennett V. York, Jr. v. Great Southern National Bank; Lamar Chancery Court; LC Case #: 2012-0544-GN-DO; Ruling Date: 04/25/2013; Ruling Judge: M. Doleac; Disposition: The joint motion to dismiss the appeal with prejudice is hereby granted. The appeal is dismissed with prejudice pursuant to Mississippi Rule of Appellate Procedure 42(b). Each party shall bear their own costs. Order entered.

Khulman Electric Corporation and United States Fire Insurance Company v. Markeitz Lofton; LC Case #: 06 06038-J-9595; Ruling Date: 09/17/2013; Ruling Judge: Liles Williams; Disposition: Pursuant to Mississippi Rule of Appellate Procedure 42(b), the appellant's motion to dismiss appeal is granted. The appeal is hereby dismissed. Each party shall bear its own costs. Order entered.

Jerry Brown v. Kuhlman Electric Company and ACE American Insurance Company ; LC Case #: 1202082-M-1177-C; Ruling Date: 05/05/2014; Disposition: Pursuant to Mississippi Rule of Appellate Procedure 42(b), the appellant's motion to dismiss appeal is granted. The appeal is hereby dismissed. Each party shall bear its own costs. Order entered.