10/02/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2011-KA-00840-COA

Anthony Tyrone Thomas a/k/a Anthony J. Thomas a/k/a Anthony B. Thomas a/k/a Big Hab a/k/a Anthony Thomas v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-1-026; Ruling Date: 05/03/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Fair, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, aggravated assault, and Count II, felon in possession of a weapon, and sentence as a habitual offender to life 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., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

Dexter Campbell a/k/a Dexter J. Campbell a/k/a Dexter Jerome Campbell v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 10-308-CR; Ruling Date: 05/04/2011; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Russell, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of Count I, possession of cocaine with intent to distribute, and sentence of sixty years; and Count II, possession of marijuana with intent to distribute, and sentence of six years, with the sentences to run concurrently, all as a habitual offender and subsequent drug offender without eligibility for reduction, suspension, parole, or probation, all in the custody of the Mississippi Department of Corrections, 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, Maxwell and Fair, JJ., Concur.

Kimberly Anne Collins v. Robert Jarrad Collins; Lee Chancery Court; LC Case #: 2010-1015-41-MM; Ruling Date: 03/22/2011; Ruling Judge: C. Malski; Majority Opinion: Russell, J. Disposition: The judgment of the Chancery Court of Lee 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, Maxwell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

William Anthony Carter v. Linda McClure Carter; Claiborne Chancery Court; LC Case #: 2010-0037GN; Ruling Date: 03/02/2011; Ruling Judge: E. Davis; Majority Opinion: Maxwell, J. Disposition: The judgment of the Claiborne County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are divided equally between the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Dorothy Sykes v. Home Health Care Affiliates, Inc.; Lowndes Circuit Court; LC Case #: 2010-0048-CV1 H; Ruling Date: 05/26/2011; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit 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, Maxwell, Russell and Fair, JJ., Concur.

Wendell Williams a/k/a W. Williams v. Mississippi Department of Employment Security; Washington Circuit Court; LC Case #: 2011-0057; Ruling Date: 06/13/2011; Ruling Judge: Richard Smith; Majority Opinion: Carlton, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Quincy Johnson v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6252; Ruling Date: 02/02/2011; Ruling Judge: Jannie Lewis; Majority Opinion: Roberts, J. Disposition: The judgment of the Humphreys County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Humphreys County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Phillip Morrow v. Joel Morrow, Administrator of the Estates of Goucher Morrow, Deceased and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0286; Ruling Date: 10/23/2006; Ruling Judge: Talmadge Littlejohn; Consolidated with 2009-CA-01355-COA Phillip Morrow v. Joel Morrow, Administrator of the Estates of Goucher Morrow, Deceased and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0285; Ruling Date: 02/15/2007; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Ishee, J. Disposition: The judgment of the Itawamba County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Roberts, Maxwell, Russell and Fair, JJ., Concur. Barnes and Carlton, JJ., Concur in Result Only. Irving, P.J., Not Participating.

Rosemary Finch v. Stewart Finch; Lamar Chancery Court; LC Case #: 2008-0138-GN-DJG; Ruling Date: 02/16/2011; Ruling Judge: Deborah Gambrell; Majority Opinion: Ishee, J. Disposition: The judgment of the Lamar County Chancery Court is affirmed on direct appeal, and the cross-appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Griffis, P.J., Roberts, Carlton, Maxwell and Russell, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes and Fair, JJ., Not Participating.

Ethel L. Buckley v. Singing River Hospital; Jackson Circuit Court; LC Case #: DS-2005-00-143(1); Ruling Date: 04/19/2011; Ruling Judge: Robert Krebs; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Xiaoyan Li "Shannon" Montgomery v. Linda A. Stribling, Individually; Hancock Circuit Court; LC Case #: 09-0288; Ruling Date: 05/19/2011; Ruling Judge: John Gargiulo; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hancock 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., Irving, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Sarah Braxton v. Resorts Casino (Resorts Tunica) and American Interstate Insurance Company; Tunica Circuit Court; LC Case #: 2010-0305; Ruling Date: 08/05/2011; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Mississippi Department of Human Services v. S.W.; Hinds Circuit Court 1st District; LC Case #: 251-01-123CIV; Ruling Date: 05/25/2010; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Griffis, P.J., Barnes, Roberts and Maxwell, JJ., would grant. Order entered.

Trina Sullivan v. Kenneth Sullivan; Forrest Chancery Court; LC Case #: 04-737-GN-W; Ruling Date: 06/29/2010; Ruling Judge: Johnny Williams; Disposition: The motion for rehearing is denied. Order entered.

Taryn N. Easterling a/k/a Taryn Nicole Easterling a/k/a Taryn Easterling v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2008-405H; Ruling Date: 12/02/2010; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Order entered.

David L. Martindale v. Hortman Harlow Bassi Robinson and McDaniel, PLLC; Jones Chancery Court 2nd District; LC Case #: 2009-0376; Ruling Date: 11/30/2010; Ruling Judge: Sanford Steckler; Majority Opinion: Maxwell, J. Disposition: The judgment of the Chancery Court of Jones County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Barnes, Roberts, Carlton, Russell and Fair, JJ., Concur. Griffis, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Ishee, J. Irving, P.J., Not Participating. Dissenting Opinion: Griffis, P.J. Votes: Lee, C.J., and Ishee, J., Join This Opinion.

Donald James Wilson a/k/a DJ Wilson a/k/a Donald J. Wilson a/k/a Donald Wilson v. State of Mississippi; Franklin Circuit Court; LC Case #: 10-KR-013; Ruling Date: 09/15/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Charles Benson, as Heir to the Estate of John S. Benson v. Neshoba County School District and Delbert Hosemann, Secretary of State for The State of Mississippi; Neshoba Chancery Court; LC Case #: 2010-161; Ruling Date: 12/28/2010; Ruling Judge: Edward Fenwick; Disposition: The motion for rehearing is denied. Order entered.

Gregory Fair v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-10-0030; Ruling Date: 01/20/2011; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Order entered.