09/27/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2004-KA-00354-COA

Teresa Burgess v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-0647-CR1; Ruling Date: 02/12/2004; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction for the sale of a controlled substance and the sentence of eight years in the custody of the Mississippi Department of Corrections; five years of post-release supervision; and payment of a $2,500 fine is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Dewey L. Oaks v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV04-100(G)PO; Ruling Date: 04/20/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Pontotoc County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Clinton Summers v. A-1 Cash, Inc. and Mickey Russell; Marion Chancery Court; LC Case #: 2002-0041-GN-W; Ruling Date: 12/29/2003; Ruling Judge: Johnny Williams; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Marion County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Willie Lee Ware, Sr. v. State of Mississippi; Madison Circuit Court; LC Case #: 2001-0300; Ruling Date: 01/13/2004; Ruling Judge: William Chapman, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of depraved heart murder and sentence of life 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., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Jerome Houston v. State of Mississippi; Pike Circuit Court; LC Case #: 03-388-KA; Ruling Date: 03/24/2004; Ruling Judge: Keith Starrett; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of sexual battery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with five years suspended and five years' post-release supervision, and fine of $5,000, is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

David Shun Deloach v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0320-CR; Ruling Date: 04/28/2003; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of misdemeanor driving under the influence, first offense, and order to pay fine of $475.50 and to attend a Mississippi Alcohol Safety Education Program, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Roosevelt Ford a/k/a 44 v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-04-0074; Ruling Date: 05/20/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Coahoma County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Lynn P. Hine and Alta Hine v. Anchor Lake Property Owners Association, Inc.; Pearl River Chancery Court; LC Case #: 98-0292 GN-D; Ruling Date: 06/14/2004; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Pearl River County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler and Ishee, JJ., concur. Griffis, J., not participating.

Terrance Bindon v. State of Mississippi; Adams Circuit Court; LC Case #: 01-KR-0112-J; Ruling Date: 06/25/2002; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Adams Count of Conviction for sale of cocaine and sentence of thirty years, as an habitual offender, without the benefit of parole or probation, reduction or suspension is hereby affirmed. It is further ordered that this sentence run consecutively to a prior drug sentence that the appellant had received at a prior term of court. All costs of this appeal are assessed to Adams County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Sam Walker, Jr. v. State of Mississippi; Lincoln Circuit Court; LC Case #: 02-158-KS; Ruling Date: 09/30/2002; Ruling Judge: Keith Starrett; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction on Counts I and II of unlawful possession of more than five kilograms of marijuana with intent to distribute and conspiracy to distribute marijuana and sentences of fifteen years each, with sentences to run concurrently to serve nine years in the custody of the Mississippi Department of Corrections and six to be served in post-release supervision and $5000 fine is hereby affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Frank Kersey and Florence J. Kersey v. Clara Jones Fernald; Smith Chancery Court; LC Case #: 2003-023; Ruling Date: 06/07/2004; Ruling Judge: J. Buffington; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Smith County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Garry K. Havard v. State of Mississippi; George Circuit Court; LC Case #: 2001-10,056(2); Ruling Date: 02/11/2004; Ruling Judge: Kathy Jackson; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of George County of conviction of driving under the influence and sentence of a fine of $250, plus costs, and order to attend MASAPS in accordance with the sentence given by the Justice Court judge, is affirmed. All costs of this appeal are taxed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Sanderson Farms, Inc, A Self- Insured v. Oliver Jackson; Pike Circuit Court; LC Case #: 03-180-B; Ruling Date: 06/23/2004; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Pike County is reversed and the decision of the Workers' Compensation Commission is reinstated. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Byron Mabry v. Tunica County Sheriff's Department and Mississippi Public Entity Workers' Compensation Trust; Tunica Circuit Court; LC Case #: 03-0219; Ruling Date: 06/24/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Vickie Balouch v. State of Mississippi; Pike Circuit Court; LC Case #: 02-423-KA; Ruling Date: 02/18/2003; Ruling Judge: Keith Starrett; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Pike County is reversed and rendered. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Fresenius Medical Care and Continental Casualty Company v. Stella L. Woolfolk, Deceased, by and through her heir-at-law, Glen Woolfolk; Yazoo Circuit Court; LC Case #: 2003-CI-80; Ruling Date: 03/17/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Yazoo County affirming the decision of the Workers' Compensation Commission is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Richard Lee Brown v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-03-15CIV; Ruling Date: 01/27/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Lee, P.J. Disposition: The judgment of the Hinds County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

James Emory Garner v. State of Mississippi; Monroe Circuit Court; LC Case #: CR01-069; Ruling Date: 03/22/2004; Ruling Judge: Paul Funderburk; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Monroe County dismissing the motion for post-conviction relief is reversed and remanded for a hearing. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Stanley Starks v. The City of Fayette, Mayor Rogers W. King and The Board of Aldermen of the City of Fayette; Jefferson Circuit Court; LC Case #: 2003-02; Ruling Date: 06/18/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Jefferson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Earl Moore, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2003-421; Ruling Date: 03/09/2004; Ruling Judge: Kosta Vlahos; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Renata Richardson a/k/a Renita Richardson and Lamesha Brown v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: OK-2004-002; Ruling Date: 07/28/2004; Ruling Judge: Andrew Howorth; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Chickasaw County of conviction of Renata Richardson a/k/a Renita Richardson of aggravated assault and sentence of ten years with five years suspended and five years to serve in the custody of the Mississippi Department of Corrections and pay $100 to the Victim's Compensation Fund, is affirmed. All costs of this appeal are assessed to Chickasaw County. The judgment of the Circuit Court of Chickasaw County of conviction of Lamesha Brown of aggravated assault and sentence of ten years with seven years suspended and three years to serve in the custody of the Mississippi Department of Corrections and pay $100 to the Victim's Compensation Fund, is affirmed. All costs of this appeal are assessed to Chickasaw County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Robert Garrison v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK01-403; Ruling Date: 07/18/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Lafayette County Circuit Court of conviction of Count I felon in possession of firearm, and sentence of five years, and Count II felon in possession of a stolen firearm and sentence of three years, all in the custody of the Mississippi Department of Corrections, as a habitual offender without the possibility of parole, with Counts I and II to run consecutively to each other is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.