10/01/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-CP-00351-COA

Darrin Moffite a/k/a Darrin Junior Moffite a/k/a Darrin Moffite, Jr. a/k/a Darrin Nelson a/k/a Darrin Junior Nelson a/k/a Darrin J. Moffite v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-098(W); Ruling Date: 02/08/2012; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Lauderdale County Circuit Court denying the motion for post-conviction relief is affirmed. This case is remanded for the correction of the scrivener's error in the order of revocation. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Roberts, J., Not Participating.

Arthur Moore a/k/a Artha Moore v. State of Mississippi; Holmes Circuit Court; LC Case #: 11-0023; Ruling Date: 02/16/2012; Ruling Judge: Jannie Lewis; Majority Opinion: James, J. Disposition: The judgment of the Holmes County Circuit Court of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Holmes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Result Only.

Nicholas Khan Carson a/k/a Nicholas Carson a/k/a Nicholas K. Carson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-939; Ruling Date: 03/09/2012; Ruling Judge: Winston Kidd; Majority Opinion: James, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of capital murder and sentence of life, and conviction of possession of a firearm by a convicted felon and sentence of ten years, all as a habitual offender, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion. Barnes, J., Concurs in Result Only Without Separate Written Opinion.

Joshua Holliman v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-267-CD; Ruling Date: 11/03/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to DeSoto County. Votes: Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Lee, C.J., and Irving, P.J., Concur in Result Only.

Barron Borden a/k/a Barron Lecour Barden v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00, 024(3); Ruling Date: 08/02/2012; Ruling Judge: Dale Harkey; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief 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, Fair and James, JJ., Concur.

Rod Cooke Construction Company, Inc. v. Lamar County School Board; Lamar Circuit Court; LC Case #: 2011-155H; Ruling Date: 02/10/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Dissents Without Separate Written Opinion.

Stephen E. Seal a/k/a Bo Seal a/k/a Stephen Seal v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2011-0228(CM)(S); Ruling Date: 03/13/2012; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Sunflower County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Joseph Jones v. Imperial Palace of Mississippi, LLC; Harrison Circuit Court 2nd District; LC Case #: A2402-07-161; Ruling Date: 02/23/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Harrison County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Chris Clausell v. Jeffrey Bourque; Jackson Circuit Court; LC Case #: 2010-00200; Ruling Date: 07/27/2012; Ruling Judge: Dale Harkey; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Ishee, J., Not Participating.

Patricia A. Herbert v. City of Horn Lake, Mississippi and MS Public Entity WC Trust; Mississippi Workers' Compensation Commission; LC Case #: 0700033-K-0360-E; Ruling Date: 01/11/2013; Majority Opinion: Lee, C.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part.

Bryan Foods, Inc. v. Tommy L. Ewing; Mississippi Workers' Compensation Commission; LC Case #: 00-04176-G-8089; Ruling Date: 09/28/2010; Disposition: The motion for rehearing is denied. Barnes, J., would grant.

Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of George Dukes; George Dukes; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-127-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Consolidated with 2011-CA-01501-COA Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of Joe Jordan; Joe Jordan; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-128-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Lee, C.J., not participating. Carlton, J., would grant.

FFE Transportation Services, Inc. and Liberty Mutual Insurance Company v. Tim Brown; Mississippi Workers' Compensation Commission 1st District; LC Case #: 1001258-K-4776-E; Ruling Date: 10/25/2011; Disposition: The motion for rehearing is denied. Maxwell, J., not participating.

Harrison County Board of Supervisors v. Richard L. Black; Mississippi Workers' Compensation Commission 1st District; LC Case #: 0712893-K-0308-C; Ruling Date: 11/23/2011; Disposition: The motion for rehearing is denied. Ishee, J., not participating.

Joel Misita v. Roy A. (Al) Conn and Mitzi P. Conn; Adams Chancery Court; LC Case #: 2011-317; Ruling Date: 10/25/2011; Ruling Judge: E. Davis; Disposition: The motion for rehearing is denied. Barnes, Carlton and James, JJ., would grant. Maxwell, J., not participating.

James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0602697-J-8217; Ruling Date: 12/16/2011; Consolidated with 2012-WC-00580-COA James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0802636-J-9828; Ruling Date: 03/12/2012; Disposition: The motion for rehearing is denied. James, J., would grant.

Scott D. Smith a/k/a Scott Dreux Smith a/k/a Scott Smith v. State of Mississippi; Wayne Circuit Court; LC Case #: 11-36-K; Ruling Date: 01/20/2012; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied.

Thomas Calvin Wansley a/k/a Thomas Wansley a/k/a Calvin T. Wansley a/k/a Calvin Thomas Wansley a/k/a Thomas Calvin Wansley, II v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-432; Ruling Date: 11/02/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. Roberts, J., would grant.

Curtis C. Evans a/k/a Curtis Chrishaun Evans a/k/a Curtis Evans v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A 2401-12-117; Ruling Date: 06/04/2012; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied.