09/27/2016 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2014-CP-01179-COA

Earnest Antonio Keys a/k/a Earnest Antonio Keys, Jr. a/k/a Ernest Keys a/k/a Earnest Keys a/k/a Earnest Keys, Jr. a/k/a Earnest A. Keys, Jr. a/k/a Earnest Key a/k/a Earnest A. Keys v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-096- CR; Ruling Date: 10/13/2014; Ruling Judge: Robert Helfrich; Majority Opinion: James, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. Fair, J., Concurs in Part and in the Result Without Separate Written Opinion.

Barry Lemax Melton a/k/a Barry Melton a/k/a Barry L. Melton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-14-286; Ruling Date: 05/15/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Darrell Jenkins a/k/a Darrell O. Jenkins a/k/a Darrell Owens Jenkins v. State of Mississippi; Greene Circuit Court; LC Case #: 2015-093 (3); Ruling Date: 06/09/2015; Ruling Judge: Dale Harkey; Majority Opinion: Fair, J. Disposition: The judgment of the Greene County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Greene County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur.

Kathryn Knight, Individually and as Personal Representative of the Estate and Heirs-At-Law and/or Wrongful Death Beneficiaries of Ezell Knight, Deceased v. Tyler Holmes Memorial Hospital; Montgomery Circuit Court; LC Case #: 2013-0018CVL; Ruling Date: 10/16/2014; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Montgomery County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Irving, P.J., not participating.

LaTanya Buckner v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-931; Ruling Date: 04/16/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is reversed, and this case is remanded for a new trial. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Gregory Lorenzo Pritchett a/k/a Gregory Pritchett a/k/a Gregory L. Pritchett v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-14-455; Ruling Date: 05/13/2015; Ruling Judge: Lisa Dodson; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Harrison County, Second Judicial District, of conviction of the sale of cocaine and sentence as a subsequent drug offender of sixteen years in the custody of the Mississippi Department of Corrections without the possibility of parole or probation is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion.

James Earl Polk Jr. a/k/a James K. Polk Jr. a/k/a Duke a/k/a James Earl Polk a/k/a James E. Polk Jr. a/k/a James Polk Jr. a/k/a James Polk a/k/a James Earl "Duke" Polk v. State of Mississippi; Marion Circuit Court; LC Case #: K-12-0058H; Ruling Date: 09/18/2014; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied.

Paul M. Newton Jr. v. Ronald Lee Brown and/or the Estate of Ronald Lee Brown, Deceased, by Betty Lou Brown and Lisa Ann Razze, Sheila Rene Brown and Debra Lou Holton Elliott, as Individual Heirs-at-Law; Harrison Chancery Court 1st District; LC Case #: 05-00370 (1); Ruling Date: 02/15/2012; Ruling Judge: Hollis McGehee; Disposition: The parties' joint motion to dismiss this appeal is granted. This appeal is hereby dismissed under Rule 42(b) of the Mississippi Rules of Appellate Procedure, with the parties bearing their respective costs and attorneys' fees. Order entered.

Watkins Development, LLC and David Watkins, Sr. v. C. Delbert Hosemann, Jr., in his Official Capacity as Mississippi Secretary of State; Hinds Chancery Court 1st District; LC Case #: 25CH1:14-CV-512; Ruling Date: 11/12/2014; Ruling Judge: Hollis McGehee; Disposition: The appellee's motion for reconsideration is denied without prejudice. The "motion to enforce judgment" is denied. Order entered.

June Rose Thompson Varnell and Dexter Varnell v. Michael Frederick Rogers, Judy Chisum Rogers, Laura Ratliff a/k/a Laura Ratliff Rogers and Joseph Sadler; DeSoto Chancery Court; LC Case #: 14-cv-00011(VC); Ruling Date: 10/28/2014; Ruling Judge: Vicki Daniels; Disposition: The appellants' motion to voluntarily dismiss this appeal is granted. All costs of this appeal are assessed one-half to the appellants and one-half to the appellees. Order entered.

Apolinar Terrero Ruiz and $56,000.00 U.S. Currency v. State of Mississippi and Harrison County Sheriff's Office; Harrison Circuit Court 2nd District; LC Case #: A2402-2012-162; Ruling Date: 12/18/2014; Ruling Judge: Lisa Dodson; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court, Second Judicial District, is reversed and rendered. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving, P.J., Barnes, Fair, James, Wilson and Greenlee, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J. Dissenting Opinion: Carlton, J. Votes: Griffis, P.J., Joins This Opinion.

Timothy Joseph Patterson a/k/a Timothy Patterson, Jr. a/k/a Timothy J. Patterson a/k/a Timothy Patterson v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-078-SC-G; Ruling Date: 08/29/2015; Ruling Judge: Marcus Gordon; Disposition: The State's motion to dismiss this appeal for lack of an appealable judgment is granted. All costs of this appeal are assessed to the appellant. Order entered.

Joseph Kepfer v. City of Bay St. Louis, Mississippi; Hancock Circuit Court; LC Case #: 14-0001; Ruling Date: 05/19/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The appellant's motion to voluntarily dismiss this appeal is granted. All costs of this appeal are assessed to the appellant. Order entered.

Kenneth Williams v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-0084-CV1 H; Ruling Date: 11/19/2015; Ruling Judge: Lee Howard; Disposition: The State's motion to dismiss this appeal for lack of jurisdiction is granted. All costs of this appeal are assessed to Lowndes County. Order entered.

Blakus Franshaw Hendrix a/k/a Blakus Hendrix a/k/a Blakus F. Hendrix v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0084-CVIK; Ruling Date: 09/05/2014; Ruling Judge: James Kitchens, Jr.; Disposition: The appellant's motion to voluntarily dismiss this appeal is granted. All costs of this appeal are assessed to Lowndes County. Order entered.