09/30/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CA-00700-COA

Hilary Maslon v. Kenny Brown; Marshall Circuit Court; LC Case #: CV2012-201; Ruling Date: 03/27/2013; Ruling Judge: John Gregory; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Marshall County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Six Thousand Dollars ($6,000) v. State of Mississippi Ex Rel. Mississippi Bureau of Narcotics; Jefferson Davis Circuit Court; LC Case #: 12-082M; Ruling Date: 02/13/2013; Ruling Judge: Anthony Mozingo; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Jefferson Davis County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Kevin Wayne Sherrod a/k/a Kevin Sherrod a/k/a Kevin W. Sherrod v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-10,279; Ruling Date: 01/17/2013; Ruling Judge: Dale Harkey; Majority Opinion: Fair, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of possession of a controlled substance and sentence of twenty-four years in the custody of the Mississippi Department of Corrections, with eighteen years to serve and six years of post-release supervision, is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Tyrune Paty a/k/a Tyrune P. Paty a/k/a Tyrune Patrice Paty v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0152-CRC; Ruling Date: 11/01/2012; Ruling Judge: Lee Coleman; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of possession of cocaine in an amount greater than 0.1 gram but less than two grams and sentence as a subsequent drug offender of sixteen years in the custody of the Mississippi Department of Corrections, with four years suspended, twelve years to serve, and four years of post-release supervision, and to pay a fine of $2,400, is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Kenneth J. Taylor a/k/a Kenneth Taylor a/k/a Kenneth Joe Taylor v. Mississippi Department of Corrections; Rankin Circuit Court; LC Case #: 2013-102-C; Ruling Date: 05/17/2013; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Timothy Kennedy v. Estate of Thomas M. Kennedy, Deceased, Thomas M. Kennedy, Jr., Executor; Harrison Chancery Court 2nd District; LC Case #: C2402-10-00514; Ruling Date: 07/15/2013; Ruling Judge: Sanford Steckler; 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: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Janna D. Harris v. Winston E. Harris; Hinds Chancery Court 1st District; LC Case #: 147,616; Ruling Date: 07/06/2012; Ruling Judge: Jacqueline Mask; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Griffis, P.J., and James, J., Not Participating.

Rodney Williams, Individually and as Administrator for the Estate of Mannie Earl Williams, and on Behalf of the Wrongful Death Beneficiaries of Mannie Earl Williams v. Manhattan Nursing & Rehabilitation Center, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-861CIV; Ruling Date: 02/14/2013; Ruling Judge: William Gowan, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Griffis, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion.

Terrence Clark a/k/a Terrance Clark v. Mississippi Department of Corrections; Carroll Circuit Court 2nd District; LC Case #: 2012-0026-CV-2-L; Ruling Date: 02/19/2013; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Carroll County Circuit Court is affirmed. All costs of this appeal are assessed to Carroll County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jennifer Massey v. Stephen Massey; Lamar Chancery Court; LC Case #: 2011-0193-GN-DO; Ruling Date: 09/26/2012; Ruling Judge: M. Doleac; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lamar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Maxwell, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Fair, J., Not Participating.

Andrew K. Matthies v. Milton Reed, Red Mountain Entertainment, Inc., and Blue Deuce Entertainment, LLC; Hinds Circuit Court 1st District; LC Case #: 251-09-400CIV; Ruling Date: 12/06/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. Maxwell, J., not participating.

Milton Harper, Deceased, by and through his Dependents, Maggie Harper and Andrea Harper v. Banks, Finley, White & Co. of Mississippi, P.C.; Hinds Circuit Court 1st District; LC Case #: 251-10-333 and 251-10-334; Ruling Date: 09/27/2011; Ruling Judge: William Gowan, Jr.; Disposition: The motion for rehearing is denied. Irving, P.J., and Carlton, J., would grant.

Johnny Lee Floyd v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-778; Ruling Date: 07/09/2012; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Gray Properties, LLC v. Utility Constructors, Inc., and Guest Consultants, Inc.; Rankin Circuit Court; LC Case #: 2010-114; Ruling Date: 03/14/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Maxwell, J., not participating.

Kenneth M. Crook a/k/a Kenneth Crook a/k/a K Michael Crook a/k/a Kenneth Michael Crook a/k/a Mike Crook v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0131-E; Ruling Date: 12/12/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. See opinion rendered.

Kenneth M. Crook a/k/a Kenneth Crook a/k/a K Michael Crook a/k/a Kenneth Michael Crook a/k/a Mike Crook v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0131-E; Ruling Date: 12/12/2012; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts and Fair, JJ., Concur. Maxwell and James, JJ., Concur in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Carlton, J., Not Participating.

Robert Williams a/k/a Robert Byrd a/k/a Robert Gene Byrd v. State of Mississippi; Rankin Circuit Court; LC Case #: 24540; Ruling Date: 03/04/2013; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied.

Patricia Hibbler v. Mississippi Department of Employment Security; DeSoto Circuit Court; LC Case #: 2012-313GCD; Ruling Date: 07/11/2013; Ruling Judge: Gerald Chatham, Sr.; Disposition: Pursuant to Mississippi Rule of Appellate Procedure 42(b), the joint motion to dismiss appeal is granted. The appeal is hereby dismissed. Order entered.

Derrick Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-197; Ruling Date: 04/10/2013; Ruling Judge: Winston Kidd; Disposition: The appellant's motion to reinstate the appeal is granted. The mandate is hereby recalled, and the appeal shall be reinstated on this Court's docket. The Court finds Johnson is in forma pauperis for purposes of appeal. The Clerk shall assess the costs associated with Johnson's appeal to Hinds County. It is further ordered that Malcolm O. Harrison and the Indigent Appeals Division of the Office of State Public Defender submit a written statement to this Court advising of Johnson's representation on appeal within fourteen days of the entry of this order. Roberts, J., objects and would dismiss without prejudice for the defendant/appellant to file a motion for post-conviction-collateral relief in the trial court to request permission to file an out-of-time appeal. Order entered.

Linde Gas and Zurich American Insurance Company v. Larry Edmonds; LC Case #: 1010819-K-6854; Ruling Date: 10/18/2013; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Maxwell, J., Not Participating. Dissenting Opinion: Carlton, J.