10/13/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2013-KM-01472-COA

Herbert Leon Brewer, III v. State of Mississippi; Tate Circuit Court; LC Case #: CR2013-21SMT; Ruling Date: 05/17/2013; Ruling Judge: Smith Murphey; Majority Opinion: Fair, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

Dillard Harvey a/k/a Dillard C. Harvey a/k/a Dillard Channing Harvey a/k/a Harvey Dillard a/k/a Mitchell Beard a/k/a Michael Towns a/k/a Michael Anthony Townes v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-308(1)(2); Ruling Date: 02/08/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of Count I, manslaughter, and sentence as a habitual offender of twenty years and Count II, felon in possession of a firearm, and sentence of ten years, with the sentences to run consecutively, without the possibility of probation, parole, reduction, or suspension, all in the custody of the Mississippi Department of Corrections, is affirmed. The ten-year sentence enhancement for the display and use of a firearm by a convicted felon during the commission of a felony is reversed and rendered. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

Robert Stratton v. Judy Stratton Ussing; Amite Circuit Court; LC Case #: 13-CV-0074-J; Ruling Date: 02/28/2014; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Amite County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James and Wilson, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Demarcus Ventrell Timmons a/k/a Demaarcus Ventrell Timmons a/k/a Demarcus Timmons v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2014-0148-C; Ruling Date: 07/03/2014; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Earnest Varnado, Jr. a/k/a Junior a/k/a Earnest Earl Varnado v. State of Mississippi; Pike Circuit Court; LC Case #: 13-300-PKS; Ruling Date: 04/14/2014; Ruling Judge: David Strong, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Pike County of conviction of unlawful possession of more than forty dosage units of benzylpiperazine and sentence, as a habitual offender, of thirty years in the custody of the Mississippi Department of Corrections, and conviction of resisting arrest and sentence to a concurrent term of six months in the custody of the Pike County Sheriff’s Department and to pay a $10,200 fine, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Bobby Leonard Gray a/k/a Bobby L. Gray a/k/a Bobby Gray v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2014-128-W; Ruling Date: 10/01/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Wayne County denying and dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Wayne County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Ruben Orlando Benitez a/k/a Ruben O. Benitez v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2012-326; Ruling Date: 03/07/2013; Ruling Judge: John Gargiulo; Disposition: The motion for rehearing is denied. James, J., would grant.

James Luster v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0159-A-S; Ruling Date: 01/30/2013; Ruling Judge: Lillie Sanders; Disposition: The "motion for permission to file out-of-time motion for rehearing" is denied. Order entered.

Houston Lee Jones a/k/a Houston Jones v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-10,745(1); Ruling Date: 11/22/2013; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

James Ray Sanders a/k/a James R. Sanders a/k/a James Sanders v. State of Mississippi; Lafayette Circuit Court; LC Case #: L14-074; Ruling Date: 03/05/2014; Ruling Judge: John Gregory; Disposition: The motion for rehearing is denied.

Stanley Montgomery a/k/a Stanley Joseph Montgomery v. State of Mississippi; Winston Circuit Court; LC Case #: 2014-002-CV-L; Ruling Date: 03/10/2014; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied.