09/24/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2011-CA-01770-COA

Alan Ross a/k/a Alan Wayne Ross v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV11-336R(PO); Ruling Date: 10/13/2011; Ruling Judge: James Roberts, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Pontotoc County Circuit Court denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Jonathan Whitehead v. The Estate of John J. Whitehead, Jr., Deceased: By Larry John Whitehead and Michael E. Whitehead, Co-Administrators, C.T.A.; Jackson Chancery Court; LC Case #: 2010-0093-JB; Ruling Date: 01/25/2012; Ruling Judge: Jaye Bradley; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and James, JJ., Concur. Ishee, J., Not Participating.

Brenda Fair v. Mississippi Department of Employment Security; Monroe Circuit Court; LC Case #: 2012-240-PM; Ruling Date: 09/26/2012; Ruling Judge: James Pounds; Majority Opinion: Maxwell, J. Disposition: The judgment of the Monroe County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Rubin Weeks a/k/a Rubin R. Weeks a/k/a Rubin Rurie Weeks v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-05-550CIV; Ruling Date: 05/08/2012; Ruling Judge: Winston Kidd; Majority Opinion: Carlton, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Sam Webster Wallace a/k/a Sam Wallace a/k/a Samuel W. Walace a/k/a Samuel W. Wallace a/k/a Sam West Wallace a/k/a Sam W. Wallace v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2010-011GCD; Ruling Date: 01/03/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of one count of selling cocaine and sentence as a habitual offender of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Bernadine Cotton v. Fred's Stores of Tennessee, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-09-55CIV; Ruling Date: 06/22/2010; Ruling Judge: W. Yerger; Majority Opinion: Roberts, 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., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Rafael A. Marin v. Marlo O. Stewart; Harrison Chancery Court 1st District; LC Case #: C2401-10-01128(3); Ruling Date: 12/06/2011; Ruling Judge: Sanford Steckler; 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 and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion.

Joseph Dewayne Johnson v. Sysco Food Services and New Hampshire Insurance Company; Mississippi Workers' Compensation Commission; LC Case #: 0805029-K-0863-E; Ruling Date: 07/01/2011; Majority Opinion: Lee, C.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

William Gardner v. Teresa Gardner; Hinds Chancery Court 1st District; LC Case #: G2010-463W/4; Ruling Date: 03/12/2012; Ruling Judge: William Singletary; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed on direct appeal and on cross-appeal. All costs of this appeal are assessed one-half to the appellant/cross-appellee and one-half to the appellee/cross-appellant. Votes: Irving and Griffis, P.JJ., Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Ishee, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Ishee, J.

Brenda Washington v. Mississippi Department of Employment Security; DeSoto Circuit Court; LC Case #: CV2012-044GCD; Ruling Date: 08/27/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Circuit Court is affirmed. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jason T. Kephart and Anna Kephart v. Northbay Property Owners Association; Madison Chancery Court; LC Case #: 2011-1078; Ruling Date: 10/05/2012; Ruling Judge: Cynthia Brewer; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Not Participating.

Raymond J. Greer a/k/a Raymond Joseph Greer, Sr., a/k/a Rusty Greer a/k/a Raymond Joseph Greer v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-1998-0047; Ruling Date: 12/14/2012; Ruling Judge: Lisa Dodson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kacey Allison Arrington v. Doyle W. Thrash and Rebecca Lynn Thrash; Rankin Chancery Court; LC Case #: 69,487; Ruling Date: 12/12/2011; Ruling Judge: Dan Fairly; Majority Opinion: Fair, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed in part and reversed and rendered in part as to the change of name. All costs of this appeal are assessed equally between the appellant and the appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Maxwell, JJ., Concur. Carlton, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Irving, P.J. Concurring in Part and Dissenting in Part Opinion: James, J. Votes: Irving, P.J., Joins This Opinion.

Timothy Gene Pryer a/k/a Tim a/k/a Timothy Pryer a/k/a Timothy G. Pryer v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR04-093; Ruling Date: 01/30/2012; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied.

Moses McLaurin v. State of Mississippi; Scott Circuit Court; LC Case #: 12-CV-029-SC-G; Ruling Date: 03/15/2012; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied.

Jeremy Wade Holloway v. State of Mississippi; Rankin Circuit Court; LC Case #: 23256; Ruling Date: 05/21/0212; Ruling Judge: John Emfinger; Disposition: Appellant's Motion to Stay Appeal and Remand to Circuit Court for Further Proceedings is granted. Irving, P.J., and Maxwell, J., would deny. Lee, C.J., and Barnes, J., not participating.

James David Fortenberry a/k/a James David Fortenberry, Jr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 23284; Ruling Date: 07/23/2012; Ruling Judge: John Emfinger; Disposition: Motion to Stay is granted. Irving, P.J., and Maxwell, J., would deny. Lee, C.J., and Barnes, J., not participating.