10/05/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry E.
X  2009-CA-00956-COA

In The Matter of The Guardianship of the Estate of Frank Lewis; Newton Chancery Court; LC Case #: 2009-N0095; Ruling Date: 05/06/2009; Ruling Judge: H. Clark, II; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Newton County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the guardianship. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Carlton and Maxwell, JJ., concur. King, C.J., and Barnes, J., not participating.

Michael Eugene Welch v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2007-00909; Ruling Date: 07/30/2008; Ruling Judge: Roger Clark; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of Counts I-III, aggravated assault, and sentence as a habitual offender of twenty years for each count, with the sentence in Count I to run consecutively to the sentences in Counts II and III, the sentence in Count II to run consecutively to the sentence in Count I and concurrently to the sentence in Count III, and the sentence in Count III to run consecutively to the sentence in Count I and concurrently to the sentence in Count II, for a total of forty years in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Bay Point High and Dry, L.L.C. v. New Palace Casino, LLC; Harrison Circuit Court 2nd District; LC Case #: A2402-07-191; Ruling Date: 08/14/2009; Ruling Judge: Roger Clark; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Cooper L. "Pete" Misskelley v. Carroll County, Mississippi and Carroll/Montgomery Regional Correctional Facility; Carroll Circuit Court 1st District; LC Case #: 2008-0038; Ruling Date: 05/28/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Carroll County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Diann Wright Gooden v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-425; Ruling Date: 10/01/2008; Ruling Judge: Richard Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Washington County Circuit Court of conviction of Count II, fraud, and sentence of five years; and Count III, fraud, and sentence of five years, with the sentences to run consecutively 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., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Terrance Conner v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0104; Ruling Date: 08/03/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of possession of a firearm by a convicted felon and sentence of six and one-half years in the custody of the Mississippi Department of Corrections, with one and one-half years suspended and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

LaCarlos Moss v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 09-144(W); Ruling Date: 11/19/2009; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lauderdale County dismissing the petition for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

American Public Finance, Inc. v. Lloyd A. Smith; Harrison Chancery Court 1st District; LC Case #: C2401-07-01192; Ruling Date: 03/18/2009; Ruling Judge: Margaret Alfonso; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Sanderson Farms, Inc. v. Debra F. Johnson; Pike Circuit Court; LC Case #: 08-128-PCT; Ruling Date: 05/12/2009; Ruling Judge: Michael Taylor; Majority Opinion: Irving, J. Disposition: The judgment of the Pike County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Drusilla McCool v. Coahoma Opportunities, Inc.; Kathy McDougal, Head Start Director; Johnny McGlown, Board Chair; Mayo Wilson, Executive Director; and Jimmie Ann Sellers, Personnel Director; Coahoma Circuit Court; LC Case #: 14-CI-06-0032; Ruling Date: 07/15/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Coahoma County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result.

Gloria B. Catling v. State of Mississippi; Amite Circuit Court; LC Case #: 09-0KR-012; Ruling Date: 10/27/2009; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Amite County Circuit Court of conviction of Count I, grand larceny, and sentence of eight years; Counts II-IV, fraudulent use of debit card, and sentence of four years each on Counts II-IV, all in the custody of the Mississippi Department of Corrections, with the sentences in Counts II-IV to run concurrently and to run consecutively to the sentence in Count I, is affirmed. All costs of this appeal are assessed to Amite County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Paul David Graves, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2004-652; Ruling Date: 09/18/2008; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.