10/10/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth
X  2005-CA-00442-COA

In the Matter of The Estate of Samuel B. Minor, Deceased: Tony Trask and Ethel Young v. Halla Minor, Jr., Executor of The Last Will and Testament of Samuel B. Minor; Wilkinson Chancery Court; LC Case #: 2001-232; Ruling Date: 02/03/2004; Ruling Judge: George Ward; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Wilkinson County is hereby affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Open MRI, LLC, Compass Imaging, LLC, and Cedar Lake Open MRI, LLC v. Mississippi State Department of Health and Coastal County Imaging Services, LLC; Hinds Chancery Court 1st District; LC Case #: G-2005-11 S/2; Ruling Date: 04/15/2005; Ruling Judge: William Singletary; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Phillip Elliott v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0149-CV; Ruling Date: 05/05/2005; Ruling Judge: Lee Howard; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Oktibbeha County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Dennis Bracken, Jr. v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-275; Ruling Date: 06/01/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of attempted sexual battery and sentence to serve a term of thirty (30) years in the custody of the Mississippi Department of Corrections and that fifteen (15) years shall be suspended, and the defendant shall be placed under post-release supervision is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Progressive Gulf Insurance Company v. We Care Day Care Center, Inc., Nathan A. Bonner, Nancy G. Deese and Jessie Deese, a Minor; Wayne Circuit Court; LC Case #: CV-2003-134(B); Ruling Date: 04/21/2005; Ruling Judge: Robert Bailey; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Wayne County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., not participating.

Joseph Michael Cridiso v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-069-CR; Ruling Date: 02/25/2004; Ruling Judge: Robert Helfrich; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of burglary and sentence of seven years in the custody of the Mississippi Department of Corrections as a non-violent habitual offender, with said sentence to be served without the benefit of probation, parole, or any form of early release, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James A. Owens, Jr. v. Martha Sue Owens; Chickasaw Chancery Court 1st District; LC Case #: 2004-0170-1B; Ruling Date: 03/21/2005; Ruling Judge: Kenneth Burns; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Chickasaw County is affirmed as to issues one, three and four, and reversed and remanded as to issues two and five for further proceedings in accordance with this opinion. Three-fifths of the costs of this appeal are assessed to the appellant, and two-fifths of the costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Christopher Lashon Johnson v. State of Mississippi; Monroe Circuit Court; LC Case #: CR02-168; Ruling Date: 11/04/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Monroe County of conviction of depraved heart murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Alex "Buck" Crosswhite and Sandra Gail Crosswhite v. Stacey Woodruff Golmon and Lacey Woodruff Robertson; Panola Chancery Court 2nd District; LC Case #: B-00-10-393(B); Ruling Date: 07/28/2005; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Panola County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Kelly R. Faris v. Jay L. Jernigan; Forrest Chancery Court; LC Case #: 94-0395-GN; Ruling Date: 11/23/2004; Ruling Judge: J. Buffington; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Marvin Sinatra Sanders v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0083; Ruling Date: 08/20/2004; Ruling Judge: Larry Lewis; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Count I capital murder and sentence of life imprisonment without the possibility of parole; Count II capital murder and sentence of life imprisonment without the possibility of parole; and Count III aggravated assault and sentence of twenty years, to run consecutively to the sentences in Counts I and II, all 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., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Office of the Governor Division of Medicaid, The State of Mississippi and Warren A. Jones, M.D., Executive Director v. Pauline Johnson; Walthall Chancery Court; LC Case #: 2004-0307; Ruling Date: 03/05/2005; Ruling Judge: Hollis McGehee; Majority Opinion: King, C.J. Disposition: The judgment of the Walthall County Chancery Court is reversed and this case is remanded to the Walthall County Chancery Court for transfer to the Hinds County Chancery Court. All costs of appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Terry Walker v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-330-CR1; Ruling Date: 03/02/2005; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of sale of a controlled substance and sentence of seven years in the custody of the Mississippi Department of Corrections and five years post-release supervision is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

W. Mark Meeks, M. D. v. Sheila Fox Miller, Peggy Fox Watz and Gary Merkell Fox, Next Friends and Sole Beneficiaries of the Intestate Estate of Merkell M. Fox; Hinds Circuit Court 1st District; LC Case #: 251-95-178-CIV; Ruling Date: 12/22/2004; Ruling Judge: Winston Kidd; Disposition: The appellees' motion for rehearing is denied. Chandler, J., would grant. Order entered.

Lisa Godin Romans v. William Ryan Fulgham; Lafayette Chancery Court; LC Case #: 2004-418; Ruling Date: 12/16/2004; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving and Ishee, JJ., concur. Griffis, J., dissents with separate written opinion, joined by Southwick and Chandler, JJ. Roberts, J., not participating. Dissenting Opinion: Griffis, J. Votes: Southwick and Chandler, JJ., join this separate opinion.

Dewayne Norman v. Kimberly Norman; Lamar Chancery Court; LC Case #: 2004-0310-GN-D; Ruling Date: 04/15/2005; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Irving, Chandler and Barnes, JJ., concur. Southwick, J., dissents with separate written opinion, joined by Lee, P.J. Griffis, Ishee and Roberts, JJ. Dissenting Opinion: Southwick, J. Votes: Lee, P.J., Griffis, Ishee and Roberts, JJ., join this opinion.