10/09/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2006-CA-00599-COA

Community Care Center of Vicksburg, LLC d/b/a Heritage House Nursing and Rehabilitation Center and Legacy Healthcare Services, Inc. v. Carolyn C. Mason; Warren Circuit Court; LC Case #: 04-0077-CI; Ruling Date: 12/28/2005; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Warren County is reversed and remanded for an order compelling arbitration. All costs of this appeal are assessed to the appellee. Votes: Lee, P.J., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only. Myers, P.J., dissents without separate written opinion.

Josh Kirk Davis v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2004-CI-142; Ruling Date: 04/25/2006; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Yazoo County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Sheila Ann Peninger Shaw v. Michael George Shaw; Rankin Chancery Court; LC Case #: 40,570; Ruling Date: 07/26/2006; Ruling Judge: Thomas Zebert; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Henry L. Madison v. Mississippi Department of Corrections, Christopher Epps, Commissioner, Dr. John Bearry, Medical Director, and Dr. Juan Santos, Assistant Director; Lauderdale Circuit Court; LC Case #: 04-CV-086(R); Ruling Date: 08/24/2006; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Carlton, JJ., concur. Roberts, J., not participating.

Angela Ruth (Hancock) Wilson v. William Franklin Wilson; DeSoto Chancery Court; LC Case #: 2004-05-0741-(PL); Ruling Date: 08/20/2005; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of DeSoto 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.

Anthony Robinson v. State of Mississippi; Madison Circuit Court; LC Case #: 2001-0353; Ruling Date: 02/06/2006; Ruling Judge: Samac Richardson; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of forcible rape and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Terry E. Shelton v. Lift, Inc.; Lee Circuit Court; LC Case #: CV05-158(A)L; Ruling Date: 09/11/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Irving, J. Disposition: The judgment of the Lee County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Sandra D. Dear v. State of Mississippi; Leake Circuit Court; LC Case #: 06-CR-016-LE-G; Ruling Date: 09/07/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Leake County of conviction of the sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

University of Mississippi Medical Center v. David Peacock, Individually and as Next Friend of Robert Earl Peacock; Hinds Circuit Court 1st District; LC Case #: 251-00-1007CIV; Ruling Date: 11/29/2004; Ruling Judge: Winston Kidd; Disposition: The appellant's motion for rehearing is denied. Griffis and Roberts, JJ., would grant. Carlton, J., not participating. Order entered.

Steven Hall v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2002-561 CD; Ruling Date: 05/06/2005; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count 1 sale of cocaine and sentence of thirty years; Count 2 sale of cocaine and sentence of thirty years, with sentences to run consecutively, all in the custody of the Mississippi Department of Corrections as an habitual offender, and fine of $25,000, with defendant given credit for 112 days served while awaiting trial, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Gregory Chambers v. State of Mississippi; Washington Circuit Court; LC Case #: CR-2003-240; Ruling Date: 01/12/2005; Ruling Judge: Richard Smith; Majority Opinion: Barnes, J. Disposition: The appellant's motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. The judgment of the Washington County Circuit Court of conviction of resisting arrest and sentence of six months in the county jail is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. King, C.J., not participating.

Charles Isaac Fisher, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0618-CR1; Ruling Date: 08/18/2005; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of aggravated assault and sentence of eighteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Myers, P.J., Chandler, Ishee and Carlton, JJ., concur. Irving, J., dissents with separate written opinion, joined by King, C.J., Griffis, Barnes and Roberts, JJ. Dissenting Opinion: Irving, J. Votes: King, C.J., Griffis, Barnes and Roberts, JJ., join this opinion.

Sheila F. Howard v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-04-0194-CIV; Ruling Date: 10/13/2005; Ruling Judge: W. Yerger; Disposition: The appellant's motion for rehearing is denied. Griffis, J., would grant. Order entered.

Billy Welch v. State of Mississippi; Pike Circuit Court; LC Case #: 05-348-PCS; Ruling Date: 12/08/2005; Ruling Judge: Mike Smith; Disposition: The appellant's motion for rehearing is denied. Order entered.

James Robert Goodin v. State of Mississippi; Lee Circuit Court; LC Case #: CR 04-396(G)L; Ruling Date: 02/09/2006; Ruling Judge: Thomas Gardner, III; Disposition: The appellant's motion for rehearing is denied. Lee, P.J., and Roberts, J., would grant. Order entered.