09/26/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-WC-01528-COA

Union Camp Corporation and Liberty Mutual Insurance Company v. Linda J. Hall; Chickasaw Circuit Court 1st District; LC Case #: H2002-113; Ruling Date: 06/22/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Roberts, J. Disposition: The judgment of the Chickasaw County Circuit Court is affirmed on direct appeal and cross-appeal. All costs of this appeal are equally assessed to the appellants/cross-appellees and appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Mississippi Employment Security Commission v. Benny Woods; Yazoo Circuit Court; LC Case #: 2005-CI-29; Ruling Date: 08/09/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Yazoo County is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Otis Bonds v. State of Mississippi; Pike Circuit Court; LC Case #: 03-258-KA; Ruling Date: 04/05/2004; Ruling Judge: Keith Starrett; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of Count I, shooting into an automobile and sentence of five years; Count III, possession of a firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections as a habitual offender, with sentence in Count III to run consecutively to sentence in Count I and concurrently with sentence imposed in Cause No. 03-271-KA and pay full restitution, is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Ne-Cole Roma Austin v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-05-00076; Ruling Date: 05/10/2005; Ruling Judge: Kosta Vlahos; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Marshaun Stewart v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-04-0056; Ruling Date: 04/30/2004; Ruling Judge: Larry Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Coahoma County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Southwick, J., concurs in result only.

Demario Walker v. Mary McKenzie, Marylin Payne, Johnny Glover, Corey Graham, Terry Watts, Charles Howard and Marion County Board of Supervisors; Marion Circuit Court; LC Case #: 2003-0141; Ruling Date: 10/13/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Marion County is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Kenneth Fredrick Higdon a/k/a Kenny Higdon v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2004-207-C(D); Ruling Date: 05/06/2005; Ruling Judge: Robert Chamberlin; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of fondling and sentence of ten years in the custody of the Mississippi Department of Corrections with five years of post-release supervision, pursuant to the provisions of Section 47-7-34 M.C.A. as a registered sex offender, pay a fine of $1,000 and $100 to the Mississippi Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Ronnie Quawrells a/k/a Ronnie Spencer a/k/a Ronnie Quadwell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2005-0028; Ruling Date: 04/18/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of conspiracy to commit armed robbery and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Willie Earl Hatten, Sr. v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-31-KR2; Ruling Date: 10/06/2004; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of possession of a firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections as a habitual offender, without the opportunity for early release or parole, is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Joe Stanner Agee v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 23-45; Ruling Date: 10/01/2004; Ruling Judge: Robert Evans; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jasper County of conviction of sale of cocaine and sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jasper County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

William H. Taylor a/k/a William Henry Taylor, III v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0180-CV1; Ruling Date: 08/26/2005; Ruling Judge: Lee Howard; Majority Opinion: Southwick, 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., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Roy Hammond, Jr. v. State of Mississippi; Clay Circuit Court; LC Case #: 2005-0209; Ruling Date: 10/12/2005; Ruling Judge: Lee Howard; Majority Opinion: Southwick, J. Disposition: The judgment of the Clay County Circuit Court dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

David Ouzts a/k/a David Lee Ouzts v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,394; Ruling Date: 02/11/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Holmes County of conviction of DUI - first offense and fine of $700, forty-eight hours of community service in Holmes County and attend the MASEP Program; and conviction of reckless driving and fine of $154 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Daughn Spahn v. Joseph Gilbert Spahn; Tate Chancery Court; LC Case #: 03-3-79; Ruling Date: 11/01/2004; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Tate County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Julianna Lamar v. Thomas Fowler Trucking, Inc.; Panola Circuit Court 1st District; LC Case #: CV 2000-51BP1; Ruling Date: 12/19/2003; Ruling Judge: Andrew Baker; Disposition: The appellee's motion for rehearing is denied. Southwick, Griffis and Roberts, JJ., would grant. Order entered.

Julianna Lamar v. Thomas Fowler Trucking, Inc.; Panola Circuit Court 1st District; LC Case #: CV 2000-51BP1; Ruling Date: 12/19/2003; Ruling Judge: Andrew Baker; Disposition: The appellant's motion for rehearing is denied. Southwick, Griffis and Roberts, JJ., would grant. Order entered.

Kirby Tate a/k/a Kirby Glenn Tate v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 721-03; Ruling Date: 02/11/2004; Ruling Judge: Larry Roberts; Disposition: The appellant's motion for rehearing is denied. Roberts, J., not participating. Order entered.

Ora Mae Ballard v. James Watkins, Individually, d/b/a Village Center; Noxubee Circuit Court; LC Case #: 2000-183; Ruling Date: 03/16/2004; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. Order entered.

Edmond Allen Jenkins v. Terry Investments, LLC; Copiah Chancery Court; LC Case #: 2004-77; Ruling Date: 08/20/2004; Ruling Judge: George Ward; Disposition: The appellant's motion for rehearing is denied. Order entered.

Mississippi State Board of Funeral Services v. Kenny G. Coleman, Jr.; Lafayette Circuit Court; LC Case #: L04-141; Ruling Date: 10/21/2004; Ruling Judge: Henry Lackey; Disposition: The appellee's motion for rehearing is denied. Order entered.

Mill Creek Properties, Inc. and By-Pass Properties, LLC f/k/a PS-BS, LLC v. City of Columbia, Mississippi; Marion Circuit Court; LC Case #: E2004-0092; Ruling Date: 10/22/2004; Ruling Judge: Michael Eubanks; Disposition: The appellant's motion for rehearing is denied. Southwick, J., not participating. Order entered.

Rebecca Coleman v. Thomas Mallory; DeSoto Chancery Court; LC Case #: 03-09-1490(PL); Ruling Date: 11/03/2004; Ruling Judge: Percy Lynchard, Jr.; Disposition: The appellant's motion for rehearing is denied. Order entered.

Kelvin Lamar Sanders v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-170; Ruling Date: 11/05/2004; Ruling Judge: W. Hines; Majority Opinion: Roberts, J. Disposition: The judgment of the Washington County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: Myers, P.J., Southwick, Irving, Griffis and Barnes, JJ., concur. Lee, P.J., dissents with separate written opinion, joined by King, C.J., Chandler and Ishee, JJ. Dissenting Opinion: Lee, P.J. Votes: King, C.J., Chandler and Ishee, JJ., join this opinion.

Kenneth Campbell Bailey v. Melissa A. (Bailey) Fischer; Harrison Chancery Court 1st District; LC Case #: 91,984; Ruling Date: 02/04/2005; Ruling Judge: Sanford Steckler; Disposition: The appellant's motion for rehearing is denied. Order entered.

Richard H. Dobbins v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-275-CR; Ruling Date: 02/16/2005; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. Order entered.

Darrell Dominique Smith v. State of Mississippi; Lincoln Circuit Court; LC Case #: 04-239MS; Ruling Date: 02/17/2005; Ruling Judge: Mike Smith; Disposition: The appellant's motion for rehearing is denied. Order entered.

Isaac Jewell, II v. State of Mississippi; Lee Circuit Court; LC Case #: CV05-019(A)(L); Ruling Date: 03/07/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Roberts, J. Disposition: The Appellee's motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. The judgment of the Circuit Court of Lee County denying post-conviction relief is affirmed. Costs of this appeal are assessed $95 to the appellant and the balance to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

C. D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2004-0169-CICI; Ruling Date: 04/11/2005; Ruling Judge: Richard Smith; Disposition: The appellant's motion for rehearing is denied. Order entered.