10/14/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-KA-00270-COA

Herman Lee Williams a/k/a Herman Williams a/k/a Stank v. State of Mississippi; Warren Circuit Court; LC Case #: 05,0330CRV; Ruling Date: 10/10/2006; Ruling Judge: Frank Vollor; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Warren County of conviction of possession of more than ten grams but less than thirty grams of cocaine and sentence of twenty-four years in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion.

Cleveland Hope v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2006-0087; Ruling Date: 06/30/2007; Ruling Judge: Richard Smith; Majority Opinion: Roberts, J. Disposition: The judgment of the Sunflower County Circuit Court of conviction of burglary of a dwelling and sentence of twenty years in the custody of the Mississippi Department of Corrections, with ten years suspended and ten years to serve followed by five years of post-release supervision and five years of unsupervised post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Carlton, J., not participating.

Francisus Arnaz Robinson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2005-316; Ruling Date: 04/11/2007; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of Count I, forcible sexual intercourse, and sentence of twenty-five years; Count II, sexual battery, and sentence of twenty-five years to run consecutively to the sentence in Count I; and Count III, burglary of a dwelling, and sentence of fifteen years 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 Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Rachel Driskell Porter (Spivey) v. Timothy Wade Porter; Madison Chancery Court; LC Case #: 99-674; Ruling Date: 07/11/2006; Ruling Judge: William Lutz; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Madison County is affirmed in part and reversed and remanded in part for proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and appellee. Votes: King, C.J., Lee and Myers, P.JJ., concur. Irving, Barnes, Roberts and Carlton, JJ., concur in result only. Griffis, J., concurs in part and dissents in part with separate written opinion joined by Chandler, J. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Chandler, J., joins this opinion.

Jermaine McKinney v. State of Mississippi; Clay Circuit Court; LC Case #: 2007-0121; Ruling Date: 07/27/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Clay County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in result only.

Herman Prather v. State of Mississippi; Tippah Circuit Court; LC Case #: T06-244; Ruling Date: 01/17/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Chandler, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Tippah County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Thomas Glen Garner v. State of Mississippi; Forrest Circuit Court; LC Case #: C106-0183; Ruling Date: 03/22/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

Dedric Demond Minor v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0566; Ruling Date: 01/18/2007; Ruling Judge: William Chapman, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Madison County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Deloris Jean Watson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-580; Ruling Date: 03/12/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Lee, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of eluding a law enforcement officer and sentence of five years in the custody of the Mississippi Department of Corrections, with one year suspended and two years of supervised probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Tavares Antoine Flaggs v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-933; Ruling Date: 07/27/2006; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Order entered.

John O'Neal Luse v. Lender Luse; Hinds Chancery Court 1st District; LC Case #: G2006-2092 W/4; Ruling Date: 12/29/2006; Ruling Judge: Patricia Wise; Disposition: The motion for rehearing is denied. Order entered.

Edsel Burton a/k/a Edsel Carl Burton a/k/a Burt v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR05-125; Ruling Date: 01/23/2007; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Order entered.

James Riley a/k/a "Boo-Lu" v. State of Mississippi; Attala Circuit Court; LC Case #: 06-0105-CR; Ruling Date: 03/06/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Joe Louis Brooks a/k/a Joe Lewis Brooks a/k/a Joe L. Brooks v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 901-05; Ruling Date: 05/30/2007; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Order entered.

Paul M. Neese v. State of Mississippi; Neshoba Circuit Court; LC Case #: 07-CR-0016-NS-G; Ruling Date: 03/06/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of two counts of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections for each count is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee and Myers, P.JJ., and Barnes, J., concur. King, C.J., concurs in result only. Roberts, J., dissents with separate written opinion joined by Griffis, Ishee and Carlton, JJ. Chandler, J., not participating. Dissenting Opinion: Roberts, J. Votes: Griffis, Ishee and Carlton, JJ., join this opinion.