10/07/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2013-CP-00121-COA

1984 Chevy Camaro and $265.00 U.S. Currency v. Lawrence County Sheriff's Department; Lawrence Circuit Court; LC Case #: 2002-0066E; Ruling Date: 12/20/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Lawrence 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: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Daniel Jeanty v. State of Mississippi; Rankin Circuit Court; LC Case #: 2013-79-C; Ruling Date: 04/03/2013; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Rankin County Circuit Court 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, Roberts, Carlton, Fair and James, JJ., Concur.

Corey Lathan a/k/a Corey Jamar Lathan v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0076-CR1K; Ruling Date: 09/07/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Count I, armed robbery, and sentence of thirty years and fine of $500, and Count II, burglary of a dwelling, and sentence of fifteen years, with five years suspended and ten years to serve, and fine of $500, with the sentence in Count II to run consecutively to the sentence in Count I, both in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Griffis, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Jairus Collins a/k/a Jairus J. Collins v. State of Mississippi; Forrest Circuit Court; LC Case #: 12-514-CR; Ruling Date: 03/27/2013; Ruling Judge: Robert Helfrich; Majority Opinion: Carlton, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of murder and sentence as a habitual offender of life imprisonment, with no possibility of parole or early release, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Maxwell and Fair, JJ., Concur. Griffis, P.J., and Roberts, J., Concur in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Harold Leo Russell, Sr. v. Gracie Cochran Russell; Scott Chancery Court; LC Case #: 1978-12,046; Ruling Date: 04/15/2013; Ruling Judge: H. Clark, II; Majority Opinion: Carlton, J. Disposition: The judgment of the Scott County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Denzel Caston v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2013-033-CR2; Ruling Date: 07/23/2013; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of burglary of an automobile and sentence of five years in the custody of the Mississippi Department of Corrections, with three years suspended, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Susan Ilsley v. Timothy Ilsley; Harrison Chancery Court 1st District; LC Case #: C2401-11-2579(4); Ruling Date: 02/21/2013; Ruling Judge: Carter Bise; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Ishee, J., Not Participating.

Richard C. Swenson v. James Kermit Brouillette and Sharon Isabelle Emerson Brouillette, both Individually, and as Trustees of the James and Sharon Brouillette Living Trust; Pearl River Chancery Court; LC Case #: 12-0285 GN-DO; Ruling Date: 12/19/2012; Ruling Judge: M. Doleac; Majority Opinion: Roberts, J. Disposition: The judgment of the Pearl River County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Earnest Sykes a/k/a Ernest Sykes v. State of Mississippi; Clay Circuit Court; LC Case #: 2003-0273-H; Ruling Date: 01/25/2013; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Clay County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Clay County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Earl Lee Wright a/k/a Earl L. Wright a/k/a Earl Wright v. Ronald King; Greene Circuit Court; LC Case #: 2013-053(1); Ruling Date: 07/11/2013; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Greene County is affirmed. All costs of this appeal are assessed to Greene County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Brian Williams a/k/a Bryan Williams v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2013-0207; Ruling Date: 08/22/2013; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Sunflower County Circuit Court dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Bobby D. Horton, Jr. v. Ron King; Greene Circuit Court; LC Case #: 2013-139-(3); Ruling Date: 09/06/2013; Ruling Judge: Dale Harkey; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Greene County is affirmed. All costs of this appeal are assessed to Greene County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Sirdarious Sheriff a/k/a Sirdarous Sheriff a/k/a Sadarous Sheriff v. State of Mississippi; Rankin Circuit Court; LC Case #: 24,649; Ruling Date: 03/07/2013; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Rankin County Circuit Court of conviction of possession of stolen property and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Ronald Derrick White a/k/a Ronald White a/k/a Ronald D. White v. State of Mississippi; Rankin Circuit Court; LC Case #: 25062; Ruling Date: 07/22/2013; Ruling Judge: William Chapman, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I, aggravated assault, and sentence, as a habitual offender of twenty years; Count II, simple assault against a person over sixty-five years of age, and sentence, as a habitual offender, of five years, with the sentence in Count II to run consecutively to the sentence in Count I, both to be served 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 Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kep LaFoon v. State of Mississippi; Marshall Circuit Court; LC Case #: CV2013-210; Ruling Date: 09/12/2013; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, P.J. Disposition: The judgment of the Marshall County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Joseph Kittrell v. W.S. Red Hancock and Farmington Casualty Company ; LC Case #: 1104532-K-8085; Ruling Date: 04/02/2013; Majority Opinion: Maxwell, 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 and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Dissents With Separate Written Opinion. Dissenting Opinion: James, J.