09/30/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-KP-00394-COA

Herman Jackson, Jr. a/k/a Herman III Jackson a/k/a Main v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2005-0012; Ruling Date: 02/15/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Count I, possession of a controlled substance, and fine of $250, and Count II, possession of controlled substance, and sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

John Johnson v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0105-K; Ruling Date: 11/18/2004; Ruling Judge: W. Hines; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Sunflower 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 Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Ishee and Carlton, JJ., concur. Irving, J., concurs in result only. Barnes, J., concurs in part and in the result.

Ferlando Esco v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0522; Ruling Date: 08/14/2006; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, aggravated assault, and sentence of life imprisonment; Count II, armed robbery, and sentence of life imprisonment; Count III, conspiracy to commit aggravated assault, and sentence of life imprisonment; Count IV, conspiracy to commit armed robbery, and sentence of life imprisonment; Count V, possession of a firearm by a convicted felon, and sentence of life imprisonment; and Count VI, felony evasion, and sentence of life imprisonment, with sentences for Counts I, II, III, IV, and V to run concurrently and sentence for Count VI to run consecutively to Counts I, II, III, IV, and V, all as a habitual offender, without eligibility for parole or probation, and 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., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Gregory S. Martin v. Board of Institutions of Higher Learning of the State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0479-CV; Ruling Date: 01/22/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Oktibbeha County is reversed and rendered, and the jury verdict is reinstated. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Myers, P.J., dissents without separate written opinion. Chandler, J., not participating.

Percy Latiker a/k/a Percell Latiker v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-070-LE-G; Ruling Date: 08/22/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Leake County denying the motion for post-conviction relief is vacated. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Lisa Bryant and Jimmy D. Bryant v. Board of Supervisors of Rankin County, MS and Rankin County, Mississippi; Rankin Circuit Court; LC Case #: 2006-0004R; Ruling Date: 08/16/2007; Ruling Judge: Samac Richardson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All cost of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in part and in the result.

Booker T. Watson v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0155-K; Ruling Date: 06/24/2005; Ruling Judge: Richard Smith; Majority Opinion: Lee, P.J. Disposition: The judgment of the Sunflower County Circuit Court of conviction of possession of more than 0.1 gram but less than 2.0 grams of cocaine and sentence of eight years in the custody of the Mississippi Dpartment of Corrections and order to pay $250 to the Crime Victims' Compensation Fund, $300 to the Mississippi Crime Laboratory, and a fine of $20,000 is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Justin Brent Turner v. State of Mississippi; Leake Circuit Court; LC Case #: 06-CR-042-LE-G; Ruling Date: 01/23/2007; Ruling Judge: Marcus Gordon; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Leake County of conviction of Count I, DUI manslaughter, and sentence of twenty-five years with five years suspended and five years of post-release supervision; Count II, DUI manslaughter, and sentence of ten years with five years suspended and five years of post-release supervision, with the sentence in Count II to run consecutively to the sentence in Count I, all 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., Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving and Barnes, JJ., concur in result only.

Bradley J. Sudduth v. Melissa Mowdy; Lauderdale Chancery Court; LC Case #: 00-753-M; Ruling Date: 02/02/2007; Ruling Judge: Jerry Mason; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., concurs in result only without separate written opinion.

Kenneth Readus v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-0051; Ruling Date: 04/08/2004; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.

Charlie Will Steele, Jr. a/k/a Charlie W. Steele v. State of Mississippi; Perry Circuit Court; LC Case #: 2006-0017CI; Ruling Date: 01/12/2007; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Jamie Christie a/k/a Jamie Christie, Jr. v. State of Mississippi; Marion Circuit Court; LC Case #: 2006-0297P(PC); Ruling Date: 01/04/2007; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Terrance Guinn v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2007-36; Ruling Date: 03/21/2007; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Order entered.

David Sidney Nichols v. State of Mississippi; Tate Circuit Court; LC Case #: CV2007-0063BT; Ruling Date: 05/31/2007; Ruling Judge: Andrew Baker; Disposition: The motion for rehearing is denied. Order entered.

Illinois Central Railroad Company v. Edwin L. Broussard; Warren Circuit Court; LC Case #: 06,0084-CI; Ruling Date: 05/28/2007; Ruling Judge: Frank Vollor; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Warren County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Chandler, Barnes and Roberts, JJ., concur. Ishee, J., concurs in part and in the result. Carlton, J., concurs in result only. Lee, P.J., dissents with separate written opinion joined by King, C.J., Myers, P.J., and Irving, J. Dissenting Opinion: Lee, P.J. Votes: King, C.J., Myers, P.J., and Irving, J., join this opinion.

William Nelson, III a/k/a Billy Nelson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2006-10,645(3)(1); Ruling Date: 05/16/2007; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Order entered.

Kathleen W. Heaney v. Thomas F. Hewes, M.D. and William L. Seidensticker, M.D.; Harrison Circuit Court 1st District; LC Case #: A-2401-98-543; Ruling Date: 04/25/2007; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Ishee and Carlton, JJ., concur. Barnes, J., concurs in result only. Irving, J., dissents with separate written opinion joined by King, C.J., and Griffis, J. Lee, P.J., and Chandler, J., not participating. Dissenting Opinion: Irving, J. Votes: King, C.J., and Griffis, J., join this opinion.

Martha Lott v. Hudspeth Center and Mississippi State Agencies Workers' Compensation Trust; Montgomery Circuit Court; LC Case #: 2006-0120CVL; Ruling Date: 08/20/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Montgomery County is reversed and rendered as to Lott's entitlement under Mississippi Code Annotated section 71-3-17(a) (Rev. 2000) and remanded to the Commission for calculation of the benefits due to Lott in accordance with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving and Barnes, JJ., concur. Griffis, J., dissents with separate written opinion joined by Chandler, Ishee and Roberts, JJ. Dissenting Opinion: Griffis, J. Votes: Chandler, Ishee and Roberts, JJ., join this separate opinion.