10/12/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Myers, William H.
X  2002-CA-02108-COA

Carolyn M. Hodges and J.R."Jack" Hodges v. John F. Lucas, Jr., M. D., Lucas Surgical Group, P.A., Joyce Bradshaw, M.D, and Leflore Pathology, LLP; Leflore Circuit Court; LC Case #: 99-0027CI; Ruling Date: 10/28/2002; Ruling Judge: Betty Sanders; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Leflore County is affirmed on both direct and cross-appeal. Costs of this appeal are divided equally between the appellants/cross-appellees and the appellees/cross-appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis and Barnes, JJ., concur. Irving, J., concurs in result only. Ishee, J., not participating.

Kenneth D. Stanley a/k/a Kenneth Dewayne Stanley v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2002-205(B); Ruling Date: 12/19/2002; Ruling Judge: Larry Roberts; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Wayne County dismissing the motion for post-conviction relief is affirmed. The appellant is assessed all costs of this appeal. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis and Barnes, JJ., concur. Irving, J., concurs in result only. Ishee, J., not participating.

Timothy Edward Perry a/k/a "Timbo" v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2001-0698-CR1; Ruling Date: 11/20/2002; Ruling Judge: Lee Howard; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Deborah L. Partain v. Sta-Home Health Agency of Jackson, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-895CIV; Ruling Date: 03/31/2003; Ruling Judge: W. Yerger; Majority Opinion: Myers, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. The appellant is assessed all costs of this appeal. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, and Griffis, JJ., concur. Barnes and Ishee, JJ., not participating.

David Harris, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR01-076; Ruling Date: 06/13/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Itawamba County of conviction of aggravated assault and sentence of ten years in the custody of Mississippi Department of Corrections with ten years suspended and five years of supervised probation, pay fine of $1,223.50 and restitution of $6,875.14 is affirmed. All costs of appeal are assessed to Itawamba County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Shawn Richard O'Hara v. Andrea Robinson; Forrest Circuit Court; LC Case #: 8-95-4614; Ruling Date: 07/09/2003; Ruling Judge: Jess Dickinson; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. The appellant is assessed all costs of this appeal. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Patrick Evans Clark a/k/a Patrick E. Clark v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CV2003-0130BP1; Ruling Date: 10/17/2003; Ruling Judge: Andrew Baker; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Panola County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Eric D. Jones a/k/a Eric DeJuan Jones v. State of Mississippi; Lawrence Circuit Court; LC Case #: PC2003-0183P; Ruling Date: 12/09/2003; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Lawrence County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lawrence County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Laurie Kuluz v. City of D'Iberville, Mississippi and Driftwood, Inc., a Mississippi Corporation; Harrison Circuit Court 2nd District; LC Case #: A2402-03-00065; Ruling Date: 12/31/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: Lee, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal.

Jody Deramus v. J. L. Pierce and Mary Frances Pierce; Winston Chancery Court; LC Case #: 2001-343; Ruling Date: 01/24/2003; Ruling Judge: Edward Prisock; Majority Opinion: King, C.J. Disposition: The judgment of the Winston County Chancery Court is affirmed. All costs of this appeal are assessed against the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler and Griffis, JJ., concur. Barnes and Ishee, JJ., not participating.

Melvin Darnell Ransom v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-017; Ruling Date: 08/15/2000; Ruling Judge: L. Hilburn, ; Majority Opinion: Griffis, J. Disposition: The appellant's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Hinds County of conviction of strong-arm robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is reversed and remanded for a new trial. All costs of this appeal are assessed to Hinds County. Votes: Bridges, P.J., Myers and Chandler, JJ., concur. Barnes and Ishee, JJ., not participating. Dissenting Opinion: Irving, J. Votes: King, C.J., and Lee, P.J., join this opinion.

James Blake McFarlin v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2002-0013; Ruling Date: 10/16/2002; Ruling Judge: Larry Lewis; Disposition: Appellee's motion for rehearing is denied. Irving, J., would deny with modified opinion. Griffis, J., would grant. Barnes and Ishee, JJ., not participating.

Morris Newspaper Corporation d/b/a WXXV-TV and Tom MacArthur v. Rebecca Allen; Harrison Circuit Court 1st District; LC Case #: A2401--00-00124; Ruling Date: 03/28/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed and remanded in part on direct appeal for a new trial on the limited issue of actual damages for breach of contract and affirmed on cross-appeal. Costs of this appeal are assessed in equal parts to the appellants and the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis and Barnes, JJ., concur. Ishee, J., not participating.

Thomas R. McFarland v. Entergy Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-97-166 c/v; Ruling Date: 03/07/2003; Ruling Judge: W. Yerger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for a new trial. Costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Irving, Myers and Chandler, JJ., concur. Ishee, J., not participating. Dissenting Opinion: Bridges, P.J. Votes: Griffis, J., joins this opinion.

Jessie J. Cannon v. State of Mississippi; Webster Circuit Court; LC Case #: 2002-60-CR; Ruling Date: 01/27/2003; Ruling Judge: C. Morgan, III; Disposition: Appellee's motion for rehearing is denied. Irving, J., would grant. Barnes and Ishee, JJ., not participating.

Brooks Barnes v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0062-CR; Ruling Date: 02/07/2003; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of count two, fondling, and sentence of ten years in the custody of the Mississippi Department of Corrections, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Thomas Alfred Moody v. Laura Marie Shein Moody; Lamar Chancery Court; LC Case #: 2002-0034-GN-D; Ruling Date: 06/16/2003; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Myers, J. Disposition: The appellee's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. 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., Bridges and Lee, P.JJ., Irving, Chandler, and Griffis, JJ., concur. Barnes and Ishee, JJ., not participating.

Kedrick Deshune Clark v. State of Mississippi; Copiah Circuit Court; LC Case #: 2004-0406; Ruling Date: 06/28/2004; Ruling Judge: Lamar Pickard; Disposition: Motion to dismiss appeal granted. All costs of appeal are assessed to Copiah County. Order entered.