09/28/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-00660-COA

Michael Whalen v. Gregory Bistes, Jr. and Gay Bistes Palmisano; Harrison Chancery Court 1st District; LC Case #: 05-01583; Ruling Date: 02/06/2009; Ruling Judge: James Persons; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison 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, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Dennis Bell v. State of Mississippi; Pike Circuit Court; LC Case #: 05-178-PKS; Ruling Date: 01/12/2009; Ruling Judge: David Strong, Jr.; Majority Opinion: Ishee, 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, Griffis, Barnes and Carlton, JJ., concur. Roberts and Maxwell, JJ., concur in result only without separate written opinion.

S. S. v. S. H.; Covington Chancery Court; LC Case #: 95-038; Ruling Date: 04/17/2008; Ruling Judge: J. Buffington; Majority Opinion: Barnes, J. Disposition: The judgment of the Covington County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Carlos F. Jackson a/k/a Los v. State of Mississippi; Pike Circuit Court; LC Case #: 07-526-PKS; Ruling Date: 12/17/2008; Ruling Judge: David Strong, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Pike County Circuit Court of conviction of Counts I and II, sexual battery, and sentence of twenty years for each count; Count III, aggravated assault, and sentence of ten years; Count IV, armed robbery, and sentence of fifteen years; and Count V, burglary of a dwelling, and sentence of fifteen years, all to run consecutively in the custody of the Mississippi Department of Corrections, and to pay a $5,000 fine for each count is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result. Irving, J., not participating.

Cynthia A. Stewart, P.A. v. Bridge Properties, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-523; Ruling Date: 02/10/2009; Ruling Judge: W. Yerger; Majority Opinion: Irving, 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., Myers, P.J., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Lee, P.J., and Barnes, J., not participating.

Tawrence Amos v. State of Mississippi; Winston Circuit Court; LC Case #: 2009-127-CVM; Ruling Date: 07/22/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Winston County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Winston County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dondra Hamilton v. State of Mississippi; Lee Circuit Court; LC Case #: CV09-088-GLZ; Ruling Date: 09/01/2009; Ruling Judge: Thomas Gardner, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lee County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Darrell Craig v. State of Mississippi; Amite Circuit Court; LC Case #: 07-KR-051A; Ruling Date: 09/22/2008; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Amite County of conviction of armed robbery and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in result only without separate written opinion.

Jack Moore v. State of Mississippi; Tishomingo Circuit Court; LC Case #: 08-009; Ruling Date: 05/28/2009; Ruling Judge: James Pounds; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Tishomingo County of conviction of two counts of sexual battery and sentence of twenty-eight years on each count in the custody of the Mississippi Department of Corrections, with the sentences to run concurrently, and five years of post-release supervision, and to pay a $1,000 fine and $1,000 to the Mississippi Children's Trust Fund, is affirmed. All costs of this appeal are assessed to Tishomingo County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Cearic A. Barnes v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2006-59LT; Ruling Date: 04/05/2007; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Bedford Health Properties, LLC, Bedford Care Center of Hattiesburg, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Park Management Corp., Michael McElroy, Jr. and Robert Perry v. The Estate of Theodore Davis, by and through Patricia Davis, Individually and as Personal Representative of the Estate of Theodore Davis, and on behalf of and for the use and benefit of the wrongful death beneficiaries of Theodore Davis; Forrest Circuit Court; LC Case #: CI04-02222; Ruling Date: 04/26/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The motion for rehearing is granted. The original opinion of this Court is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the Forrest County Circuit Court is affirmed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Merlene Anderson v. Donald Anderson; Alcorn Chancery Court; LC Case #: 2006-0058-02-M; Ruling Date: 09/24/2008; Ruling Judge: Jacqueline Mask; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Chad Booker v. State of Mississippi; Tippah Circuit Court; LC Case #: TK2007-043; Ruling Date: 12/03/2008; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing is denied. King, C.J., would grant. Barnes and Carlton, JJ., not participating. Order entered.

Justin Walton v. John Walton and Kenneth Walton; Hinds Chancery Court 2nd District; LC Case #: G2008-130 S/2; Ruling Date: 12/17/2008; Ruling Judge: William Singletary; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Karey Whittington v. State of Mississippi; Pike Circuit Court; LC Case #: 03-267-KA; Ruling Date: 09/17/2004; Ruling Judge: Keith Starrett; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

JaDonna Pearson v. Lighthouse Point Casino and Federal Insurance Company; Washington Circuit Court; LC Case #: 2008-0235-CI; Ruling Date: 05/12/2009; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.