10/04/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2003-CP-01187-COA

Kenneth Barrett v. State of Mississippi; Washington Circuit Court; LC Case #: 2002-10; Ruling Date: 10/23/2002; Ruling Judge: W. Hines; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Washington County denying post-conviction relief is reversed and rendered. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Nathaniel Brent a/k/a Nathaniel T. Brent v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-294; Ruling Date: 10/01/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of possession of cocaine and life sentence in the Mississippi Department of Corrections is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Robert Riggs, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2004-0018RD; Ruling Date: 07/28/2004; Ruling Judge: George Ready; Majority Opinion: Ishee, J. Disposition: The judgment of the Desoto County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Benchmark Health Care Center, Inc. v. H. Ted Cain d/b/a Quest Rehab; Lauderdale Circuit Court; LC Case #: 98CV-146(B); Ruling Date: 09/08/2003; Ruling Judge: Robert Bailey; Majority Opinion: Barnes, J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed on both direct and cross-appeal. Costs of this appeal are to be divided equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Danny Franklin Arnold v. State of Mississippi; Neshoba Circuit Court; LC Case #: 04-CV-0045-NS-C; Ruling Date: 03/25/2004; Ruling Judge: V. Cotten; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Neshoba County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Don M. Dobbs v. Patricia C. Dobbs; Harrison Chancery Court 1st District; LC Case #: 02-00939-1; Ruling Date: 10/24/2003; Ruling Judge: James Persons; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Harrison County is hereby affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler and Barnes JJ., concur. Irving and Ishee, JJ., not participating.

Ronald Scott Westbrook v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-0745-CR1; Ruling Date: 05/21/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of Count 1, sale of hydrocodone: sentenced to serve a term of twenty-two years in the custody of the Mississippi Department of Corrections and ordered to pay a fine of $5,000, and Count 2, sale of marijuana less than one ounce: sentenced to serve a term of three years in the custody of the Mississippi Department of Corrections, said sentence to run consecutively with the sentence imposed in Count 1, for a total of 25 years, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

A. Ray Beezley, Jr. v. Cheryl Beezley (now Gray); Lamar Chancery Court; LC Case #: 2001-0333-GN-W; Ruling Date: 05/15/2003; Ruling Judge: Johnny Williams; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Lamar County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Tyrone Jenkins v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0257-CR-P; Ruling Date: 07/01/2003; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Warren County of conviction of count I murder and sentence of life imprisonment, count II possession of a weapon after a felony conviction and sentence of three years, sentences to run consecutively, all 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., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Stanley D. Wess a/k/a Stanley Dale Wess v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-083-LE-C; Ruling Date: 01/23/2004; Ruling Judge: V. Cotten; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of burglary of a building and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Deshon Sanders v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2004-0031-M; Ruling Date: 04/27/2004; Ruling Judge: Richard Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Sunflower County dismissing appellant's motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

June Evans v. Steven Evans; Stone Chancery Court; LC Case #: 2000-129; Ruling Date: 12/20/2002; Ruling Judge: Walter Teel; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Stone County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Cliff Tubb v. Monroe County Electric Power Association; Monroe Chancery Court; LC Case #: 2001-658; Ruling Date: 10/17/2003; Ruling Judge: Jacqueline Mask; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Hoyt Forbes and Hilda Forbes v. General Motors Corporation and Mack Grubbs Motors, Inc.; Marion Circuit Court; LC Case #: 2001-0260; Ruling Date: 05/29/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Griffis, J. Disposition: The motion for rehearing is denied and the original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Marion County granting General Motors Corporation's Motion for Directed Verdict is hereby affirmed. All costs of this appeal are assessed to the appellants. King, C.J., Bridges and Lee, P.JJ., and Irving, J., would grant the motion for rehearing. Votes: Myers, Chandler, Barnes and Ishee, JJ., concur. Dissenting Opinion: Irving, J. Votes: King, C.J., Bridges and Lee, P.JJ., join this opinion.

Vulcan Lands, Inc. and Vulcan Construction Materials, LP v. City of Olive Branch, Mississippi; DeSoto Circuit Court; LC Case #: CV2002-164RD; Ruling Date: 06/23/2003; Ruling Judge: Ann Lamar; Majority Opinion: King, C.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted in its stead. The judgment of the DeSoto County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Donald A. Wilson a/k/a Donald Albert Wilson, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 01,0201-CR-V; Ruling Date: 03/19/2004; Ruling Judge: Frank Vollor; Majority Opinion: Lee, P.J. Disposition: The judgment of the Warren County Circuit Court of conviction of Count I, murder and sentence of life; Count II, aggravated assault and sentence of twenty years; and Count III, arson third degree and sentence of three years, all to be served consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., not participating.