10/04/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2015-CA-00835-COA

Elmer Gene Farris v. Rebecca Lee Jones Robertson Farris; Tallahatchie Chancery Court 1st District; LC Case #: 2012-28; Ruling Date: 04/29/2015; Ruling Judge: Catherine Farris-Carter; Majority Opinion: Wilson, J. Disposition: The judgment of the Chancery Court of Tallahatchie County, First Judicial District, is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Jemarcus Curry a/k/a Jermarcus Curry v. State of Mississippi; Rankin Circuit Court; LC Case #: 26,620; Ruling Date: 08/24/2015; Ruling Judge: John Emfinger; Majority Opinion: Wilson, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of two counts of simple assault on a law enforcement officer and sentences as a habitual offender of five years on each count, with the sentences to run consecutively, is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Daniel Keith Singleton a/k/a Daniel K. Singleton a/k/a Daniel Singleton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2015-154 C; Ruling Date: 08/31/2015; Ruling Judge: William Chapman, III; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Rankin County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur.

Andrew Acie Adams a/k/a Andrew Adams v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-14-498; Ruling Date: 03/11/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Harrison County, First Judicial District, of conviction of possession of 250 or more grams of marijuana and sentence as a habitual offender of sixteen years in the custody of the Mississippi Department of Corrections, without eligibility for parole or early release, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Thomas Pustay a/k/a Thomas Stephen Pustay a/k/a Thomas Stephan Pustay v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2006-00059; Ruling Date: 05/11/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, of conviction of Counts I and II, gratification of lust, and sentence of fifteen years on each count; Counts III and V, sexual battery of a child at least fourteen but under sixteen years of age, and sentence of twenty-five years on each count; and Count VI, sexual battery of a child under eighteen years of age, and sentence of twenty-five years, with the sentence in Count III to run consecutively to the sentence in Count II, and with the sentences in all other counts to run concurrently with one another, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Ishee, James and Greenlee, JJ., Concur. Barnes, Fair and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Specially Concurs with Separate Written Opinion, Joined by Irving, P.J., and Fair, J.; Ishee and James, JJ., Join in Part. Specially Concurring Opinion: Griffis, P.J. Votes: Irving, P.J., and Fair, J., Join This Opinion; Ishee and James, JJ., Join This Opinion in Part.

The University of Mississippi Medical Center v. Leontyne Littleton, Individually, and on Behalf of the Estate of Cleopatra Littleton, Deceased, and Her Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-10-117CIV; Ruling Date: 05/23/2014; Ruling Judge: Winston Kidd; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Fair, Wilson and Greenlee, JJ., Concur. Carlton and James, JJ., not participating.

Chad Joseph Venezia a/k/a Chad Venezia a/k/a Chad J. Venezia v. State of Mississippi; Lamar Circuit Court; LC Case #: 2015-040M; Ruling Date: 08/14/2015; Ruling Judge: Anthony Mozingo; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lamar County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lamar Ccounty. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.

In the matter of the Estate of James Oldrum Smith, Jr., Deceased: James Oldrum Smith, III and Patrick Smith v. Lela Smith Flowers and Lyn Smith; Warren Chancery Court; LC Case #: 2006-114PR; Ruling Date: 01/16/2015; Ruling Judge: Hollis McGehee; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Warren County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Lela Smith Flowers. Votes: Lee, C.J., Barnes, Ishee and Carlton, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion. Fair, James and Greenlee, JJ., not participating. Dissenting Opinion: Irving, P.J.

In the Matter of the Conservatorship of the Estate of Mary Elizabeth Brewer Jackson: Mary Elizabeth Brewer Jackson v. James E. Reed, Conservator of the Estate of Mary Elizabeth Brewer Jackson; Sunflower Chancery Court; LC Case #: CV2014-00027; Ruling Date: 06/30/2014; Ruling Judge: Jane Weathersby; Majority Opinion: Lee, C.J. Disposition: The judgment of the Sunflower County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion.

Michael B. Gaffney v. City of Richland, Mississippi; Rankin Chancery Court; LC Case #: 12-cv-02141; Ruling Date: 10/21/2014; Ruling Judge: Dan Fairly; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chancery Court of Rankin County is reversed, and this case is remanded for entry of an order of dismissal. All costs of this appeal are assessed to the appellee. Votes: Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur. Irving, P.J., and Carlton, J., Concur in Result Only Without Separate Written Opinion. Griffis, P.J., Dissents Without Separate Written Opinion.

Stephanie Leigh Kittrell v. Stan Edward Kittrell; Forrest Chancery Court; LC Case #: 2005-0549-GN; Ruling Date: 05/06/2013; Ruling Judge: Billy Bridges; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chancery Court of Forrest 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: Griffis, P.J., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Fair, J., not participating.

Douglas Michael Long, Jr. v. David J. Vitkauskas; DeSoto Circuit Court; LC Case #: cv2014-057RCD; Ruling Date: 10/09/2014; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion.

Ulysses Conley v. Mary Francis Wright; Carroll Chancery Court 1st District; LC Case #: 2013-0044; Ruling Date: 06/30/2014; Ruling Judge: Joseph Kilgore; Disposition: The motion for rehearing is denied.

Eric Jones v. State of Mississippi; Pike Circuit Court; LC Case #: 02-175-B; Ruling Date: 09/09/2014; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied.

David Adams a/k/a David Lee Adams v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2014-0133-E; Ruling Date: 10/02/2014; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Trevioun Lamont Cornelius Briggs a/k/a T.L. Briggs a/k/a T.L. Cornelius Briggs a/k/a Trevious Lamont Corneli Briggs a/k/a Trevioun Lamount Cornelius Briggs a/k/a Trevious Briggs a/k/a Trevioun L.C. Briggs a/k/a Trevioun Briggs v. State of Mississippi; Madison Circuit Court; LC Case #: 2014-0174-E; Ruling Date: 09/29/2014; Ruling Judge: John Emfinger; Disposition: The motions for rehearing are denied. Irving, P.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 #: A2401-2013-00268; Ruling Date: 12/17/2014; Ruling Judge: Michael Ward; Disposition: The motion for rehearing is denied.