10/08/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry E.
X  2012-CA-01223-COA

In the Matter of the Estate of Carl Black, Deceased: Ida M. Black, Julia Rosemary Black Burchfield, Kathy Ann Black May, Ivy Darlene Black Waltman, Martha Mildred Black Pruett, Betty Carol Black, Edith Louise Black Coogan, Willard Lee Black, John Wilson Black, Karl Lamar Black and Karol Addison Black v. Jerry Michael Clark, the Administrator of the Estate of Carl Black, Deceased, Jerry M. Clark, Individually, and Shane M. Clark; Winston Chancery Court; LC Case #: 2011-0107; Ruling Date: 05/21/2012; Ruling Judge: Edward Fenwick; Majority Opinion: Roberts, J. Disposition: The judgment of the Winston County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Steven Anthony Cupp v. Jennifer Gray Cupp (Wolfe); DeSoto Chancery Court; LC Case #: 11-06-1123; Ruling Date: 02/09/2012; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto 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, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Robert Ed Pollard a/k/a Robert Pollard v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-017(B); Ruling Date: 05/04/2012; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, 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, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

In the Interest of S.L.B., a Minor; Pike Youth Court; LC Case #: 138553; Ruling Date: 05/23/2012; Ruling Judge: John Price; Majority Opinion: Irving, P.J. Disposition: The judgment of the Pike County Youth Court is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed one-half to the appellants and one-half to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James Cody Perry a/k/a James C. Perry a/k/a Cody Perry v. State of Mississippi; Lamar Circuit Court; LC Case #: 2011-146H; Ruling Date: 02/29/2012; Ruling Judge: Samac Richardson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lamar County Circuit Court denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result. Roberts, J., Not Participating.

Caron D. Crowell v. Harvey Burchfield; Bolivar Circuit Court 2nd District; LC Case #: 2007-0029; Ruling Date: 03/06/2012; Ruling Judge: Charles Webster; Majority Opinion: Lee, C.J. Disposition: The judgment of the Bolivar County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and in the Result.

Terry Hye, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 08-11,329(3); Ruling Date: 03/05/2010; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Douglas D. Williams a/k/a Douglas Dwayne Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 94-1-017; Ruling Date: 07/22/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Dorothy Sykes v. Home Health Care Affiliates, Inc.; Lowndes Circuit Court; LC Case #: 2010-0048-CV1 H; Ruling Date: 05/26/2011; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Lowndes County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. See opinion rendered.

Dorothy Sykes v. Home Health Care Affiliates, Inc.; Lowndes Circuit Court; LC Case #: 2010-0048-CV1 H; Ruling Date: 05/26/2011; Ruling Judge: Lee Howard; Majority Opinion: Griffis, P.J. Disposition: The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Lowndes 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 the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Carlton and James, JJ., Not Participating.

Justin Barron v. State of Mississippi; Copiah Circuit Court; LC Case #: 2010-0121CR; Ruling Date: 03/10/2011; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Thomas Gerhold a/k/a Thomas Joseph Gerhold v. State of Mississippi; Warren Circuit Court; LC Case #: 11,0164-CRC; Ruling Date: 09/20/2011; Ruling Judge: M. Chaney, Jr.; Disposition: The motion for rehearing is denied.

Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of George Dukes; George Dukes; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-127-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Consolidated with 2011-CA-01501-COA Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of Joe Jordan; Joe Jordan; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-128-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Disposition: The cross-appellant Union Insurance Company's motion for rehearing is denied. Carlton, J., would grant.

Brett Anthony Shaw a/k/a Bret Shaw a/k/a Brett Shaw a/k/a Brett A. Shaw v. State of Mississippi; Rankin Circuit Court; LC Case #: 22,665; Ruling Date: 07/27/2011; Ruling Judge: John Emfinger; Majority Opinion: Barnes, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years with ten years suspended, and Count II, malicious mischief, and sentence of five years, with the sentences to run concurrently, followed by five years of supervised probation, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Irving and Griffis, P.JJ., Roberts, Maxwell and Fair, JJ., Concur. Carlton, J., Specially Concurs With Separate Written Opinion, Joined In Part by James, J. Ishee, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., and James, J. Specially Concurring Opinion: Carlton, J. Votes: James, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Ishee, J. Votes: Lee, C.J., and James, J., Join This Opinion.

Bill Nick Argol v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2011-134GCD; Ruling Date: 09/22/2011; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2011-CA-01603-COA Bill Nick Argol v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2011-133GCD; Ruling Date: 09/22/2011; Ruling Judge: Gerald Chatham, Sr.; Disposition: The motion for rehearing is denied.

La'Quinta Lewis a/k/a LaQuinta Lewis v. State of Mississippi; Walthall Circuit Court; LC Case #: 2003-9-B; Ruling Date: 02/03/2004; Ruling Judge: Mike Smith; Disposition: The motion for rehearing is denied.

Richard Matthew Guy Smith v. Normand Children Diversified Class Trust; Harrison Circuit Court 1st District; LC Case #: A2401-10-227; Ruling Date: 10/13/2011; Ruling Judge: John Gargiulo; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

R.L. Rogers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-10-969; Ruling Date: 04/21/2011; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied. Irving, P.J., and Barnes, J., would grant.

James Ludwig a/k/a James Elwood Ludwig a/k/a James E. Ludwig v. State of Mississippi; Madison Circuit Court; LC Case #: 2011-0384-C; Ruling Date: 02/16/2012; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

City of Vicksburg, Mississippi v. Mississippi Department of Employment Security; Warren Circuit Court; LC Case #: 10,0083-CI; Ruling Date: 08/17/2012; Ruling Judge: Isadore Patrick, Jr.; Disposition: Agreed Motion for Dismissal of Appeal granted. Accordingly, this appeal is dismissed, and the costs are taxed to the parties in accordance with their agreement.