09/25/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2005-KA-02197-COA

Ronnie Smith a/k/a Ronnie Edward Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-967; Ruling Date: 03/11/2005; Ruling Judge: Tomie Green; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections without parole is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Herman Avara v. State of Mississippi; Pike Circuit Court; LC Case #: 99-169-KB; Ruling Date: 04/18/2006; Ruling Judge: Mike Smith; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Pike County dismissing the 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., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

John Phinizee a/k/a John L. Phinizee, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0244-CR1; Ruling Date: 02/16/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Count I, sale of cocaine and sentence of thirty years and pay a fine of $5,000; Counts II and III, possession of cocaine with intent to distribute and sentence of thirty years and pay a fine of $5,000 on each count all in the custody of the Mississippi Department of Corrections with sentence in Count I to run consecutively to sentences in Counts II and III, and sentences in Counts II and III to run concurrently to each other for a total of sixty years, 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.

Quentin Bessent v. Eric Clark, et al.; Hinds Chancery Court 1st District; LC Case #: 2002-1925 S/2; Ruling Date: 05/12/2005; Ruling Judge: William Singletary; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. A certified copy of this order shall be issued to the Mississippi Department of Corrections for appropriate sanctions pursuant to Mississippi Code Annotated Section 47-5-138 (Rev. 2004). All costs of this appeal are assessed to Hinds County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. King, C.J., concurs in result only.

Vincent F. Salemi, Jr. v. Sheila Hill Salemi; DeSoto Chancery Court; LC Case #: 96-4-402; Ruling Date: 07/18/2006; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto 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 Carlton, JJ., concur.

Alfred Scott, Jr. v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2005-014-CR1; Ruling Date: 10/06/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Robert Lee Moss, Jr. v. State of Mississippi; Clarke Circuit Court; LC Case #: 2004-68; Ruling Date: 10/21/2005; Ruling Judge: Robert Bailey; Majority Opinion: Myers, P.J. Disposition: The judgment of the Clarke County Circuit Court of conviction of Count I - aggravated assault and sentence of life and Count II - rape and sentence of life in the custody of the Mississippi Department of Corrections and shall not be considered for any type of earned release program, parole, probation, PRS or any other form of early release is affirmed. All costs of this appeal are assessed to Clarke County. Votes: Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., Concur. Irving, J., dissents with separate written opinion, Joined by King, C.J., Dissenting Opinion: Irving, J. Votes: King, C.J., joins this opinion.

Huey L. Evans v. State of Mississippi; Newton Circuit Court; LC Case #: 05-CR-034-NWG; Ruling Date: 12/07/2005; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Newton County of conviction of Count I - sexual battery and sentence of life; Count II - sexual battery and sentence of life; Count III - sexual battery and sentence of twenty years; Count IV - sexual battery and sentence of twenty years with sentence to run consecutively with the sentences in Count I, II and III and all to be served 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, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bobby D. Bass, Jr. v. Richard Hunt Bobo, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-02-1871CIV; Ruling Date: 08/05/2005; Ruling Judge: Winston Kidd; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Kwasba Nichols v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2005-1KR-A; Ruling Date: 06/28/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Jefferson County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jefferson County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jeffery M. Smith v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR05-114(PF)I; Ruling Date: 06/15/2006; Ruling Judge: Paul Funderburk; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Itawamba County of conviction of possession of precursors for the manufacture of methamphetamine and sentence of twelve years with five years suspended in the custody of the Mississippi Department of Corrections, five years of post-release supervision and a fine of $5,000 is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Steve Patterson v. City of Biloxi; Harrison Circuit Court 2nd District; LC Case #: A2402-05-00077; Ruling Date: 08/11/2006; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Harrison County, Second Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Dimple G. Whitaker and Clyde Whitaker v. T & M Foods, Ltd. and Robert Y. Kent; Lee Circuit Court; LC Case #: 01-039(G)L; Ruling Date: 05/26/2006; Ruling Judge: Paul Funderburk; Majority Opinion: King, C.J. Disposition: The judgment of the Lee County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Chandler and Barnes, JJ., not participating.

Charles Lavel Stringer v. American Bankers Insurance Company of Florida and Sidney Johnson; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 05/03/2000; Ruling Judge: W. Yerger; Consolidated with 2005-CP-01345-COA Charles Lavel Stringer v. American Bankers Insurance Company of Florida; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 02/01/2005; Ruling Judge: W. Yerger; Disposition: The appellant's motion for rehearing is denied. Order entered.

Timothy Carr v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2002-238-KR2; Ruling Date: 06/09/2005; Ruling Judge: Billy Landrum; Disposition: The appellant's motion for rehearing is denied. Order entered.

Cedric Lindsey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-465-01-CRY; Ruling Date: 03/17/2005; Ruling Judge: W. Yerger; Disposition: The appellant's motion for rehearing is denied. Irving, J., not participating. Order entered.

Charles Lavel Stringer v. American Bankers Insurance Company of Florida; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 02/01/2005; Ruling Judge: W. Yerger; Consolidated with 2000-CT-00496-COA Charles Lavel Stringer v. American Bankers Insurance Company of Florida and Sidney Johnson; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 05/03/2000; Ruling Judge: W. Yerger; Disposition: The appellant's motion for rehearing is denied. Order entered.

Jason Carter v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-0305; Ruling Date: 04/14/2005; Ruling Judge: Samac Richardson; Disposition: The appellant's motion for rehearing is denied. Order entered.

Anthony Ryan Loveless v. City of Booneville, Mississippi; Prentiss Circuit Court; LC Case #: CR03-296; Ruling Date: 10/03/2005; Ruling Judge: Sharion Aycock; Disposition: The appellant's motion for rehearing is denied. Order entered.

C.A.M.F. v. J.B.M.; DeSoto Chancery Court; LC Case #: 03-09-1579(PL); Ruling Date: 10/12/2005; Ruling Judge: Percy Lynchard, Jr.; Disposition: The appellant's motion for rehearing is denied. Order entered.

Travis Shanks v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2006-40; Ruling Date: 04/05/2006; Ruling Judge: Lamar Pickard; Disposition: The appellant's motion for rehearing is denied. Order entered.

Eugene Hart a/k/a Earl Hart v. State of Mississippi; Rankin Circuit Court; LC Case #: 14,479; Ruling Date: 04/26/2006; Ruling Judge: William Chapman, III; Disposition: The appellant's motion for rehearing is denied. Order entered.

Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-183(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01090-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-121(R); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01091-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-182(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Disposition: The appellant's motion for rehearing is denied. Irving and Roberts, JJ., not participating. Order entered.

Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-121(R); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01091-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-182(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01089-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-183(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Disposition: The appellant's motion for rehearing is denied. Irving and Roberts, JJ., not participating. Order entered.

Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-182(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01090-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-121(R); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-CP-01089-COA Robin Michael Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-183(B); Ruling Date: 05/31/2006; Ruling Judge: Robert Bailey; Disposition: The appellant's motion for rehearing is denied. Irving and Roberts, JJ., not participating. Order entered.