10/06/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-CA-00896-COA

Sterling Pittman v. Dykes Timber Co., Inc.; Simpson Circuit Court; LC Case #: 2001-417; Ruling Date: 04/11/2008; Ruling Judge: Robert Evans; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Simpson 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, Roberts and Carlton, JJ., concur.

David Johnson v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2008-228-CD; Ruling Date: 05/22/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of fondling and sentence of ten years in the custody of the Mississippi Department of Corrections, followed by five years of post-release supervision, and to pay a $1,000 fine (suspended), $1,000 to the Mississippi Children's Trust Fund, and $100 to the Mississippi Crime Victim's Compensation Fund, and to register as a sex offender, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

April McCullough v. Shane Allen McCullough; Lincoln Chancery Court; LC Case #: 2006-0203; Ruling Date: 11/19/2007; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lincoln County Chancery Court 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, Roberts and Maxwell, JJ., concur.

Rodney Mendenhall v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-584(1;2&3); Ruling Date: 08/15/2007; Ruling Judge: W. Yerger; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Myers, P.J., dissents without separate written opinion.

Rita Faye Miley v. Dennis K. Daniel, Executor of the Estate of William M. Miley, Jr., Deceased; Oktibbeha Chancery Court; LC Case #: 2007-0138-B; Ruling Date: 02/21/2008; Ruling Judge: Kenneth Burns; Majority Opinion: Roberts, J. Disposition: The judgment of the Oktibbeha County Chancery Court 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.

McKinley Mosby v. Farm Fresh Catfish Company and Liberty Mutual Fire Insurance Company; Sunflower Circuit Court; LC Case #: 2008-0040-CT; Ruling Date: 07/28/2008; Ruling Judge: W. Hines; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Sunflower 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, Carlton and Maxwell, JJ., concur.

Emmitt Paige, Sr., Individually and on behalf of all Wrongful Death Beneficiaries of Cherryl Paige, Deceased v. Mississippi Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-05-193CIV; Ruling Date: 01/09/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents without separate written opinion. Barnes and Maxwell, JJ., not participating.

Troy Pittman v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV07-348PF(A); Ruling Date: 04/15/2008; Ruling Judge: Paul Funderburk; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Alcorn County denying the motion for post-conviction collateral relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Alcorn County. Votes: King, C.J., Lee, P.J., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., dissents with separate written opinion joined by Irving, J. Dissenting Opinion: Myers, P.J. Votes: Irving, J., joins this opinion.

AAA Cooper Transportation Company v. Chuck Parks d/b/a Dillingham Motors; Tippah Circuit Court; LC Case #: T07-057; Ruling Date: 05/16/2008; Ruling Judge: Robert Elliott; Majority Opinion: Irving, J. Disposition: The judgment of the Tippah 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, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., not participating.

Margie Edna (Galloway) Mallett Wilson v. Byron Keith Mallett; DeSoto Chancery Court; LC Case #: 02-07-977(VC); Ruling Date: 07/02/2008; Ruling Judge: Vicki Cobb; Majority Opinion: Irving, J. Disposition: This appeal is dismissed for lack of jurisdiction. 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.

Mario Brown v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0084; Ruling Date: 10/29/2007; Ruling Judge: Kenneth Thomas; Majority Opinion: Myers, P.J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Lee, P.J., concurs in result only without separate written opinion.

Doris A. Andres v. Patrick T. Andres; Harrison Chancery Court 1st District; LC Case #: 95-01937; Ruling Date: 01/28/2008; Ruling Judge: James Persons; Majority Opinion: Myers, P.J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only.

Frederick Miller, Jr. a/k/a Frederick Benard Miller, Jr. v. State of Mississippi; Attala Circuit Court; LC Case #: 2007-0004-CR; Ruling Date: 03/17/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Attala County of conviction of accessory after the fact to murder and sentence of five years in the custody of the Mississippi Department of Corrections, with one year and six months to serve and three years and six months of post-release supervision, is affirmed. All costs of this appeal are assessed to Attala County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Stone County Publishing, Inc. d/b/a The Times of Stone County and South Mississippi v. Bill Prout, Darrell Berry, Donna Rouse, Mike Cain and Thomas E. Hall; Stone Circuit Court; LC Case #: 2006-140; Ruling Date: 06/20/2007; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied. Order entered.

Mark Andrew West, Sr. v. April Saylors West; DeSoto Chancery Court; LC Case #: 05-06-093(VC); Ruling Date: 01/04/2008; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Order entered.

Calvin Jefferson v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2007-053; Ruling Date: 01/24/2008; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Order entered.

Jay F. Swindle, Sr. and Community Bank, Ellisville, Mississippi v. William T. Harvey and Ellen Tanner Harvey; Covington Circuit Court; LC Case #: 2007-64C; Ruling Date: 03/18/2008; Ruling Judge: Robert Evans; Disposition: The motion for rehearing is denied. Order entered.

Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Lee, P.J., Irving and Barnes, JJ., would grant. Order entered.

George Dunbar Prewitt, Jr. v. P. Scott Phillips; Washington Circuit Court; LC Case #: CI2007-73; Ruling Date: 06/30/2008; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. King, C.J., and Irving, J., not participating. Order entered.