10/02/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2006-CA-01211-COA

Terry Hampton v. State of Mississippi; Neshoba Circuit Court; LC Case #: 06-CR-0030-NS-G; Ruling Date: 07/14/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of possession of cocaine and sentence of four years in the custody of the Mississippi Department of Corrections and pay a fine of $1,500 is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

William H. Durham v. University of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2002-0610; Ruling Date: 07/25/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Ishee, J. Disposition: The judgment of Harrison County Circuit Court 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, Roberts and Carlton, JJ., concur.

Napoleon L. Edwards v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-846(G)L; Ruling Date: 09/01/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of possession of a weapon by a felon and sentence of three years in the custody of the Mississippi Department of Corrections and payment of a $5,000 fine 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, Roberts and Carlton, JJ., concur.

Skilah Anderson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-948; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2004-KA-01858-COA Garner Lee Brister, Jr. a/k/a Duke v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-949 TTG; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2005-KA-00527-COA Corey Bryant v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-947(1 & 2); Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County of the convictions of capital murder of Defendants Skilah Anderson, Corey Bryant and Garner Brister, Jr. and sentences of life imprisonment without parole; and the armed robbery convictions of Anderson and Bryant and sentences of life imprisonment without parole to run concurrently is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Shannon Ellis Wildmon v. City of Booneville, Mississippi; Prentiss Circuit Court; LC Case #: CR05-205; Ruling Date: 03/03/2006; Ruling Judge: Paul Funderburk; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Prentiss County of driving under the influence first offense and sentence of 48 hours in the Prentiss County Jail suspended conditioned on payment of fines and costs in full, fine of $1,000.00 plus state assessments, and enrollment in and completion of the Mississippi Alcohol Safety Education Program classes is affirmed. All costs for this appeal are assessed to appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Eric Pierre McDowell and Barbara (Bobby) Lynn Chapman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 092-04; Ruling Date: 09/27/2005; Ruling Judge: Robert Bailey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lauderdale County of the conviction of Eric Pierre McDowell of murder and sentence to serve a term of life in the custody of the Mississippi Department of Corrections is affirmed. The judgment of the Circuit Court of Lauderdale County of the conviction of Barbara (Bobby) Lynn Chapman of murder and sentence to serve a term of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee and Carlton, JJ., concur. Irving, J., concurs in result only. Roberts, J., not participating.

Morris Frith v. State of Mississippi; Scott Circuit Court; LC Case #: 2006-CV-102-SC; Ruling Date: 07/13/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Scott County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Otha Horton v. Christopher Epps, Margaret Bingham and Michelle Taylor; Rankin Circuit Court; LC Case #: 2006-129-R; Ruling Date: 08/10/2006; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Rankin County Circuit Court is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

1999 Buick Century, VIN #2G4W552M9X1530091 v. State of Mississippi and/or Tylertown Police Department and Mississippi Bureau of Narcotics; Walthall Circuit Court; LC Case #: 2006-121-S; Ruling Date: 11/16/2006; Ruling Judge: David Strong, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Walthall County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Curtis Hardin v. State of Mississippi; Pike Circuit Court; LC Case #: 05-367-PCS; Ruling Date: 12/13/2005; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Pike County denying 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, Ishee, Roberts and Carlton, JJ., concur.

Tommie Cleveland and Jerry Gillis Killen v. Oscar Kenneth Killen, Estelle D. Killen and Jeffrey Kenneth Killen; Neshoba Chancery Court; LC Case #: 2005-288; Ruling Date: 05/30/2006; Ruling Judge: John Love, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Neshoba County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Robinson Property Group, Limited Partnership, d/b/a Horseshoe Casino and Hotel, and Insurance Company of the State of Pennsylvania v. Carrie Newton; Tunica Circuit Court; LC Case #: 2005-0324; Ruling Date: 07/05/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Tunica County is reversed and rendered. All costs of this appeal are assessed equally between the appellants and the appellee. Votes: Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only.

Samuel Thomas Oswalt v. Sandra Lynne Muirhead Oswalt; Choctaw Chancery Court; LC Case #: 2004-0076; Ruling Date: 06/06/2006; Ruling Judge: John Love, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Choctaw County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Freddie B. Moore and Viola B. Moore v. Earl Wilson, Sr. and Jeanette D. Wilson; Claiborne Chancery Court; LC Case #: 11,523; Ruling Date: 02/03/2006; Ruling Judge: Kennie Middleton; Majority Opinion: King, C.J. Disposition: The appeal of the judgment of the Claiborne County Chancery Court is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bobby Jackson a/k/a Bobby Fate Jackson v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CV-430-SC-G; Ruling Date: 02/24/2006; Ruling Judge: Marcus Gordon; Majority Opinion: King, C.J. Disposition: The judgment of the Scott County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Glen Craft a/k/a Glen Kraft a/k/a Glen J. Craft a/k/a Glyn Craft a/k/a Glyn J. Craft a/k/a Glyn Jenmel Craft a/k/a Glen Jemel Craft v. State of Mississippi; Marion Circuit Court; LC Case #: 2006-0048 E PC; Ruling Date: 03/07/2006; Ruling Judge: Michael Eubanks; Majority Opinion: King, C.J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Marion County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Adrian Travis a/k/a Adrien Travis v. State of Mississippi; Madison Circuit Court; LC Case #: 1999-0130; Ruling Date: 10/17/2003; Ruling Judge: Samac Richardson; Disposition: The appellant's motion for rehearing is denied. King, C.J., and Lee, P.J., would grant. Order entered.

Terry Dora v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2001-0665-CR1; Ruling Date: 11/23/2004; Ruling Judge: Lee Howard; Disposition: The appellee's motion for rehearing is denied. Order entered.

John Mickalowski and Jamie Mickalowski v. American Flooring, Inc. and Jim Chrestman; Lee Circuit Court; LC Case #: CV01-286(B)L; Ruling Date: 08/25/2005; Ruling Judge: Sharion Aycock; Disposition: The appellees' motion for rehearing is denied. King, C.J., and Chander, J., would grant. Irving, J., not participating. Order entered.

In Re: The Appointment of a Conservator for Woodrow W. Vinson and Kernith B. Vinson: Harry Vinson v. William Benson, Conservator; Lee Chancery Court; LC Case #: 96-1110; Ruling Date: 12/12/2005; Ruling Judge: Dorothy Colom; Disposition: The appellant's motion for rehearing is denied. Irving and Barnes, JJ., not participating. Order entered.

George A. Holmes v. State of Mississippi; Forrest Circuit Court; LC Case #: CI04-0172; Ruling Date: 02/15/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee, P.J., Irving, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., dissents with separate written opinion, joined by Myers, P.J. and Griffis, J. Dissenting Opinion: Carlton, J. Votes: Myers, P.J. and Griffis, J., join this opinion.

Richard Vaden v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2005-031; Ruling Date: 03/24/2006; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. Order entered.