10/06/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2014-CP-01672-COA

Anthony Ruffin a/k/a Anthony Eugene Ruffin v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 10- CV- 073(B); Ruling Date: 09/02/2014; Ruling Judge: Robert Bailey; Majority Opinion: Wilson, J. Disposition: The judgment of the Lauderdale County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Jason R. Case a/k/a Jason Case a/k/a Jason Robert Case v. State of Mississippi; Lincoln Circuit Court; LC Case #: 12-090-LS; Ruling Date: 08/19/2013; Ruling Judge: David Strong, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of two counts of touching a child for lustful purposes and sentence to serve fifteen years on Count I, and sentence of fifteen years on Count II, with five years to serve and ten years suspended, followed by five years of post-release supervision, all in the custody of the Mississippi Department of Corrections, with the sentences to run consecutively, and to pay a $8,000 fine and $500 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI13-0208; Ruling Date: 09/17/2013; Ruling Judge: Robert Helfrich; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

Rochester Eugene Presley a/k/a Ronald Starks a/k/a Zee Zee Zelazurra a/k/a Zee Zee Zela Zuro v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-550 CR; Ruling Date: 04/24/2014; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.

Antonio Burgin v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2013-0061-CV1 K; Ruling Date: 09/04/2014; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.

Reginald Mason a/k/a Reginald Elaine Mason v. State of Mississippi; Adams Circuit Court; LC Case #: 10,481-J; Ruling Date: 10/02/2013; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Adams County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Adams County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Paxton Austin a/k/a Paxton Riot Austin a/k/a Paxton R. Austin v. State of Mississippi; Clay Circuit Court; LC Case #: 2013-9778-CRA; Ruling Date: 10/10/2013; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Clay County Circuit Court of conviction of boating under the influence and sentence of twenty-four hours in the Clay County jail, suspended on payment of a$1,000 fine, and two years of probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

R. Don Williams, Individually, R. Don Williams d/b/a Don Williams Realty, and Quadrangle Properties, Inc. v. The Estate of Haywood F. Ellis, Sr., and Ellis Realty, Inc.; Hinds Chancery Court 1st District; LC Case #: G2012-8070/3; Ruling Date: 03/07/2014; Ruling Judge: Denise Owens; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Barnes, Carlton, Maxwell, James and Wilson, JJ., Concur. Griffis, P.J., and Fair, J., Concur in Part and in the Result Without Separate Written Opinion. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

William Tedder a/k/a William P. Tedder v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2014-123-C; Ruling Date: 05/27/2014; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Wilson, J., Not Participating.

Ouida J. Claiborne v. Ocwen Loan Servicing, LLC, Baker Donelson, Bearman, Caldwell & Berkowitz, PC and Adams and Reese LLP; Warren Circuit Court; LC Case #: 130002CI; Ruling Date: 10/07/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Warren County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

L. C. Fisher v. Mississippi Department of Employment Security; Yazoo Circuit Court; LC Case #: 2013-CI35; Ruling Date: 10/08/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Yazoo County Circuit Court is affirmed. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Fredrico Stone v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2012-0105; Ruling Date: 07/26/2013; Ruling Judge: Charles Webster; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of possession of cocaine and sentence as a habitual offender of sixteen years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation and to pay a $250,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Part and in the Result.

Miriam Hopkins, Eldon Sewell, Dina Sewell, Abbie Patrick, Jaris Patrick, Jovita Boggan, Rita Wigginton and Ann Womack v. City of Mendenhall, Mississippi; Simpson Circuit Court; LC Case #: 2010-218; Ruling Date: 06/11/2014; Ruling Judge: Richard McKenzie; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Simpson County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Percy Tate v. International Paper Company ; LC Case #: 12 00705-M-0002-C; Ruling Date: 09/09/2014; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

William Smothers a/k/a William Arthur Smothers v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2014-0223-JE; Ruling Date: 10/01/2014; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Madison County dismissing the petition for postconviction collateral relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Tommy Ames a/k/a Tommy Lee Ames v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0220 CRC; Ruling Date: 07/26/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Warren County Circuit Court of conviction of two counts of aggravated assault and sentence of twenty years for Count I, with five years suspended, fifteen years to serve, and five years of post-release supervision, and twenty years for Count II, with five years suspended, fifteen years to serve, and five years of post-release supervision, with sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Not Participating.

Lakinta Goldman a/k/a Lakinta Lavegas Goldman a/k/a Lakinta L. Goldman v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2012-031; Ruling Date: 04/08/2013; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied.

Preston Overton v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0210-J; Ruling Date: 03/15/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Griffis, P.J., and Fair, J., would grant.

Timothy B. Mixon v. Mississippi Department of Transportation and Robert I. Fulton; Noxubee Circuit Court; LC Case #: 2010-0005; Ruling Date: 06/05/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied.

Jennifer Carter v. Josh Carter; Rankin Chancery Court; LC Case #: 07-1240; Ruling Date: 09/20/2013; Ruling Judge: John Grant, III; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton and Maxwell, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion. James, J., Not Participating. Dissenting Opinion: Irving, P.J.

Nurdan Aydin and Adnan Aydin v. Marty Daniels and Marty Daniels Construction, LLC ; Lafayette Circuit Court; LC Case #: L11-291; Ruling Date: 12/13/2013; Ruling Judge: John Gregory; Disposition: The motion for rehearing is denied. Wilson, J., would grant.

Donald Allen Caves a/k/a Donald Caves a/k/a Donald A. Caves v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2013-198M; Ruling Date: 04/17/2014; Ruling Judge: Anthony Mozingo; Disposition: The motion for rehearing is denied.

William Antonio Avery a/k/a William Avery a/k/a William A. Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-014(W); Ruling Date: 05/19/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied.

Hudspeth Regional Center and Mississippi State Agencies Self-Insured Workers' Compensation Trust v. Linda Mitchell; LC Case #: 1110464-M-1964-E-32; Ruling Date: 11/20/2014; Majority Opinion: Ishee, J. Disposition: The judgment of the Mississippi Worker's Compensation Commission is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes and James, JJ., Concur. Wilson, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., Carlton, Maxwell and Fair, JJ. Dissenting Opinion: Wilson, J. Votes: Griffis, P.J., Carlton, Maxwell and Fair, JJ., Join This Opinion.