10/11/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-CP-00611-COA

Virgil Germaine Woods v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0007-CI; Ruling Date: 03/09/2010; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Warren County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

Aspired Custom Homes, LLC v. Todd Melton and Tina Melton; Lee Chancery Court; LC Case #: 08-1307-41-H; Ruling Date: 03/05/2010; Ruling Judge: John Hatcher; Majority Opinion: Carlton, J. Disposition: The judgment of the Lee County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Maxwell and Russell, JJ., concur. Barnes, J., concurs in part and in the result.

Lorri L. Wright, Individually and on Behalf of Nicholas Seidl and John Seidl and Nichols Seidl, Individually v. Lee County, Mississippi, By and Through Its Board of Supervisors; Lee Circuit Court; LC Case #: CV06-171-GL; Ruling Date: 08/02/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Lee County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Maxwell and Russell, JJ., concur. Barnes, J., not participating.

Lisa King Boyd v. Edward Matthew Boyd; Leake Chancery Court; LC Case #: CH07-0480; Ruling Date: 01/05/2010; Ruling Judge: Cynthia Brewer; Majority Opinion: Ishee, J. Disposition: The judgment of the Leake County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Percy D. Hester, Sr. v. Sundra Samples; Newton Chancery Court; LC Case #: 14851; Ruling Date: 11/20/2009; Ruling Judge: H. Clark, II; Majority Opinion: Ishee, J. Disposition: The judgment of the Newton County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Myers, Barnes, Roberts, Carlton and Russell, JJ., concur. Irving and Griffis, P.JJ., and Maxwell, J., concur in result only without separate written opinion.

Freddie Joe Carter v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2008-753; Ruling Date: 03/25/2010; Ruling Judge: John Gargiulo ; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of armed robbery and sentence of fifteen years as a habitual offender, and sentence of ten years as a sentence enhancement for the display and use of a firearm as a convicted felon during the commission of a felony, with the sentences to run consecutively without eligibility for parole or probation, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Carlton and Russell, JJ., concur. Roberts and Maxwell, JJ., concur in part and in the result without separate written opinion.

Demetrius McNutt v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,064(2); Ruling Date: 04/16/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Terry Lee Truelove v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0577-CR1; Ruling Date: 05/26/2010; Ruling Judge: Hon. James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Counts I and II, domestic violence-aggravated assault, and sentence as a habitual offender of twenty years for each count, with fifteen years of each count to run concurrently and five years of the sentence for Count II to run consecutively to the sentence for Count I, all in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

George W. Martin v. State of Mississippi; Tate Circuit Court; LC Case #: CV2010-0186BT; Ruling Date: 06/16/2010; Ruling Judge: Andrew Baker; Majority Opinion: Ishee, J. Disposition: The judgment of the Tate County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Sandy Ball v. Ashley Furniture Industries and Employee Insurance of Wausau; Pontotoc Circuit Court; LC Case #: CV09-000015-PO-R; Ruling Date: 09/23/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Pontotoc County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., not participating.

Will Robertson Brown v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,118(2); Ruling Date: 05/24/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Johnny R. Young, Jr. a/k/a Johnnie R. Young, Jr. v. State of Mississippi; Union Circuit Court; LC Case #: UK07-132; Ruling Date: 10/14/2009; Ruling Judge: Andrew Howorth; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Union County of conviction of three counts of sexual battery and sentence of three concurrent life sentences in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Union County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Diana Ladnier and Lawrence Ladnier v. Joseph Hester; George Circuit Court; LC Case #: 2009-0128(2); Ruling Date: 07/20/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of George County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Griffis, P.J., Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, P.J., dissents with separate written opinion joined by Lee, C.J., and Russell, J. Myers, J., not participating. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., and Russell, J., join this opinion.

Carlos Taylor v. State of Mississippi; Leflore Circuit Court; LC Case #: 2007-0328; Ruling Date: 03/20/2009; Ruling Judge: W. Hines; Majority Opinion: Irving, P.J. Disposition: The judgment of the Leflore County Circuit Court of conviction of possession of a controlled substance in a correctional facility and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Myers and Russell, JJ., concur. Barnes, J., specially concurs without separate written opinion. Carlton, J., specially concurs with separate written opinion joined by Barnes, J., and joined in part by Russell, J. Maxwell, J., specially concurs with separate written opinion joined in part by Russell, J. Roberts, J., dissents with separate written opinion joined by Lee, C.J., Griffis, P.J., and Ishee, J. Specially Concurring Opinion: Carlton, J. Votes: Barnes, J., joins this opinion. Russell, J., joins this opinion in part. Specially Concurring Opinion: Maxwell, J. Votes: Russell, J., joins this opinion in part. Dissenting Opinion: Roberts, J. Votes: Lee, C.J., Griffis, P.J., and Ishee, J., join this opinion.

James Alexander v. Patsy Phillips Musgrove a/k/a Patsy Joan Vanderford; Lawrence Chancery Court; LC Case #: 14,871; Ruling Date: 04/27/2010; Ruling Judge: J. Buffington; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lawrence County Chancery 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., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Griffis, P.J., concurs in result only without separate written opinion.

William Lee Green v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0050-CI; Ruling Date: 05/18/2010; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Warren County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Martha Kay Stanford v. V.F. Jeanswear, LP and Fidelity & Guaranty Insurance Company; Union Circuit Court; LC Case #: 2009-311; Ruling Date: 07/28/2010; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Union County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Veshone Malone a/k/a Veshon Malone v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6254; Ruling Date: 12/17/2009; Ruling Judge: David Strong, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Humphreys County Circuit Court of conviction of Count I, conspiracy to commit robbery, and sentence of five years and to pay a $5,000 fine, and Count II, capital murder, and sentence of life without the possibility of parole and to pay a $10,000 fine, with the sentence in Count I to run consecutively to the sentence in Count II, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Shirley Bullock, Individually and o/b/o all Wrongful Death Beneficiaries of Larry Bullock v. Dr. Michael Patterson, Southern Bone & Joint Specialists, P.A. and Wesley Medical Center; Jefferson Davis Circuit Court; LC Case #: 2008-177P; Ruling Date: 06/10/2010; Ruling Judge: R. Prichard, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jefferson Davis County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Myers, Ishee, Carlton and Russell, JJ., concur. Barnes, Roberts and Maxwell, JJ., concur in part and in the result without separate written opinion.

Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 09/14/2007; Ruling Judge: William Chapman, III; Consolidated with 2010-WC-01280-COA Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 07/15/2010; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Irving, P.J., and Maxwell, J., not participating. Order entered.

Robert Mitchell Hilliard v. State of Mississippi; Rankin Circuit Court; LC Case #: 19,219; Ruling Date: 10/29/2008; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is dismissed. Russell, J., not participating. Order entered.

Anthony Lafayette v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2008-001-CR1; Ruling Date: 12/17/2009; Ruling Judge: Kenneth Thomas; Disposition: The motion for rehearing is denied. Order entered.

Anthony Joseph Cuccia v. Julie Anne (Reavy) Cuccia; DeSoto Chancery Court; LC Case #: 08-01-0191; Ruling Date: 10/16/2009; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., not participating. Order entered.

Knight Properties, Incorporated and Builders and Contractors Association of Mississippi v. Kenny Sanders, Individually; Kenny Sanders, A Sole Proprietorship and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-0103C; Ruling Date: 01/29/2010; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.

City of Cleveland, Mississippi v. Mid-South Associates, LLC; DeSoto Chancery Court; LC Case #: 07-10-1952; Ruling Date: 04/27/2010; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Order entered.

Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 07/15/2010; Ruling Judge: William Chapman, III; Consolidated with 2007-WC-01783-COA Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 09/14/2007; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Irving, P.J., and Maxwell, J., not participating. Order entered.

Jimmy McNabb v. L. T. Land & Gravel, LLC; Marion Circuit Court; LC Case #: 2009-0121P; Ruling Date: 08/16/2010; Ruling Judge: R. Prichard, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Marion County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Russell, JJ., concur. Lee, C.J., dissents with separate written opinion. Carlton, J., not participating. Dissenting Opinion: Lee, C.J.

Mississippi Baptist Medical Center and Reciprocal of America (Mississippi Insurance Guaranty Association a/k/a MIGA) v. Billy Murphy; Rankin Circuit Court; LC Case #: 2010-200C; Ruling Date: 11/02/2010; Ruling Judge: William Chapman, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Rankin County is vacated, and this case is remanded to the Mississippi Workers' Compensation Commission for further proceedings consistent with the Commission's order. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts and Russell, JJ., concur. Carlton and Maxwell, JJ., not participating.