10/04/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2010-KA-00494-COA

Eddie Johnson, Jr. v. State of Mississippi; Scott Circuit Court; LC Case #: 09-CR-91-SC-G; Ruling Date: 02/15/2010; Ruling Judge: Vernon Cotten; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of statutory rape and sentence of thirty years in the custody of the Mississippi Department of Corrections, with fifteen years to serve without benefit of parole, fifteen years suspended, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Russell, JJ., concur. Roberts, J., concurs in part and in the result without separate written opinion. Myers, J., dissents without separate written opinion.

Marie Stevens and William Edward Bohannon v. Josie Smith and Bennie Bohannon; Prentiss Circuit Court; LC Case #: CV06-141F; Ruling Date: 04/20/2010; Ruling Judge: Paul Funderburk; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Prentiss County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Beaumont Homes, LLC v. Colonial/Jordan Properties, LLC, SMCDC, Inc., Mark S. Jordan and Dee C. Denton; Madison Chancery Court; LC Case #: 2006-864; Ruling Date: 06/22/2009; Ruling Judge: Cynthia Brewer; Consolidated with 2010-CA-00810-COA Beaumont Homes, LLC v. Colonial/Jordan Properties, LLC; Madison Chancery Court; LC Case #: 2006-864; Ruling Date: 05/06/2010; Ruling Judge: Cynthia Brewer; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Charles Harris v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0075; Ruling Date: 04/21/2010; Ruling Judge: Richard Smith; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Washington County of conviction of Count I, aggravated assault, and sentence as a habitual offender of twenty years and of ten years as an enhanced penalty pursuant to Mississippi Code Annotated Section 97-37-37(2) (Supp. 2011), with the ten-years' enhanced penalty to run consecutively to the sentence in Count I; and Count II, possession of a firearm by a convicted felon, and sentence as a habitual offender of ten years, with the sentence in Count II to run consecutively to the ten years' enhanced penalty, 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 Washington County. Votes: Lee, C.J., Griffis, P.J., Myers, Ishee, Roberts, Carlton and Russell, JJ., concur. Barnes and Maxwell, JJ., concur in part and in the result without separate written opinion.

Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2008-M-01855-COA Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 10/08/2008; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Marshall County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and appellee. Votes: Myers and Ishee, JJ., concur. Russell, J., concurs in part and dissents in part with separate written opinion joined by Irving, P.J. Griffis, P.J., dissents with separate written opinion joined by Carlton, J. Barnes, Roberts and Maxwell, JJ., not participating. Dissenting Opinion: Griffis, P.J. Votes: Carlton, J., joins this opinion. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Irving, P.J., joins this opinion.

Cedric King a/k/a Cedric Lamar King v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2009-0020CVL; Ruling Date: 09/25/2009; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Villas of Windsong, LTD. and its General Partner Arbor Properties, Inc., Arbor Properties, LLC and Arbor Place II, LLC v. RGT/ Charleston Partners, LTD., by and through its General Partner, Ford Development Corp.; Harrison Circuit Court 2nd District; LC Case #: A2402-08-107; Ruling Date: 12/21/2009; Ruling Judge: John Gargiulo ; Disposition: The motion for rehearing is denied. Order entered.

Eric Turner v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: H10-051H; Ruling Date: 03/26/2010; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jerry Tyrone Parker v. State of Mississippi; Rankin Circuit Court; LC Case #: 20,257; Ruling Date: 10/21/2010; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is dismissed. Order entered.