09/29/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2007-CP-01795-COA

Calvin Lee Robinson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2004-0073CICI; Ruling Date: 09/26/2007; Ruling Judge: W. Hines; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Leflore County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Lisa Marie Montgomery v. Kelly McCoy Montgomery, Jr.; Pontotoc Chancery Court; LC Case #: 06-0237-58-M; Ruling Date: 01/25/2008; Ruling Judge: Jacqueline Mask; Majority Opinion: Maxwell, J. Disposition: The judgment of the Chancery Court of Pontotoc County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in part and in the result.

Tyronne Lekeith Wade a/k/a Tyronne Lakeith Wade v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-478; Ruling Date: 05/27/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of possession of more than one kilogram of marijuana with the intent to distribute or transfer and sentence of twenty years in the custody of the Mississippi Department of Corrections, with ten years to serve followed by five years of supervised post-release supervision and five years of unsupervised post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion.

Cynthia Amacker v. Patrick Amacker; Pearl River Chancery Court; LC Case #: 05-0427-GN-W; Ruling Date: 01/22/2008; Ruling Judge: Johnny Williams; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Smith County School District v. Larry Campbell; Smith Chancery Court; LC Case #: 2006-112; Ruling Date: 01/30/2008; Ruling Judge: J. Buffington; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Smith County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Finicky Pet Foods, Inc. v. City of Ocean Springs; Jackson Circuit Court; LC Case #: 2004-00138(3); Ruling Date: 02/08/2008; Ruling Judge: Dale Harkey; Majority Opinion: Irving, J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Barnes, J., concurs in part without separate written opinion.

Thomas Lavirl Slade v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-201CR; Ruling Date: 08/21/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of Count IV, felon in possession of a weapon, and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation; and Count V, felony eluding law enforcement, and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, with the sentences to run consecutively, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving, Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by King, C.J., Lee, P.J., and Ishee, J. Dissenting Opinion: Carlton, J. Votes: King, C.J., Lee, P.J., and Ishee, J., join this opinion.

Danny Allen Westbrook v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2007-00078; Ruling Date: 08/08/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Harrison County Circuit Court 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 Harrison County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Arnold Lee Felton v. State of Mississippi; Lamar Circuit Court; LC Case #: 2008-42-P; Ruling Date: 03/03/2008; Ruling Judge: R. Prichard, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lamar County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lamar County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Linda Grandquest v. Estate of Hershel L. McFarland, Rebecca Williams, an Individual; and Tommy Robertson, an Individual; George Circuit Court; LC Case #: 2006-0091(3); Ruling Date: 06/30/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of George County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in result only.

Jon Kurrie Peterson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-08-129; Ruling Date: 07/23/2008; Ruling Judge: Roger Clark; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Gilbert Ewing v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-1-109; Ruling Date: 05/22/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

David Dorell Dora v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-450-CR1; Ruling Date: 09/07/2006; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of burglary of a business and sentence of five years in the custody of the Mississippi Department of Corrections, with two years of post-release supervision, and to pay a $2,000 fine, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Eric S. Berry v. State of Mississippi; Forrest Circuit Court; LC Case #: C106-0209; Ruling Date: 06/04/2007; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Jamie Orlando Roberson v. State of Mississippi; Tunica Circuit Court; LC Case #: 2006-0152; Ruling Date: 06/21/2007; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Jaison O. Harness v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-335; Ruling Date: 06/18/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Carlos F. Jackson v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2007-0333; Ruling Date: 08/07/2007; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Carlton and Maxwell, JJ., not participating. Order entered.

Ronnie Mackey a/k/a Ronald Fantae Mackey v. State of Mississippi; Forrest Circuit Court; LC Case #: CI07-0123; Ruling Date: 12/20/2007; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Bernita J. Washington v. Woodland Village Nursing Home d/b/a H. T. Cain and Bridgefield Casualty Insurance Company; Hancock Circuit Court; LC Case #: 2403-2007-0037; Ruling Date: 12/13/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Order entered.

Rita M. Higginbotham, Individually and as Mother and Personal Representative of the Wrongful Death Beneficiaries of Heather Dawn Higginbotham, Deceased v. Lehman-Roberts Company; Tunica Circuit Court; LC Case #: 2002-0204; Ruling Date: 11/28/2007; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Evelyn Gwen Moore v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2005-61; Ruling Date: 11/21/2007; Ruling Judge: Betty Sanders; Disposition: The motion for rehearing is denied. Order entered.

Mississippi State Department of Health and City of Cleveland v. Mid South Associates, LLC; DeSoto Chancery Court; LC Case #: 07-10-1952; Ruling Date: 01/25/2008; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Dennis Dobbs v. State of Mississippi; Clay Circuit Court; LC Case #: 2002-0152; Ruling Date: 01/15/2008; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

Hillside Terrace, L.P., A Mississippi Limited Partnership, By and Through Its General Partner, Hillside Terrace I LLC, a Mississippi Limited Liability Company v. City of Gulfport, Mississippi and Martin and Dorothy Miazza; Harrison Circuit Court 1st District; LC Case #: A2401-07-99; Ruling Date: 01/24/2008; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, Barnes and Roberts, JJ., concur. Irving, J., dissents with separate written opinion joined by King, C.J., Myers, P.J., and Carlton, J. Ishee and Maxwell, JJ., not participating. Dissenting Opinion: Irving, J. Votes: King, C.J., Myers, P.J., and Carlton, J., join this opinion.

Rodrick Maggitt a/k/a Roderick Maggitt v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-541-CV-L; Ruling Date: 05/23/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.