10/14/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2013-CP-01186-COA

Willie James Allen a/k/a Willie J. Allen a/k/a Mookie v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2013-0082; Ruling Date: 06/25/2013; Ruling Judge: Lillie Sanders; Majority Opinion: Maxwell, J. Disposition: The judgment of the Wilkinson County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Wilkinson County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Armon Randall a/k/a Armon Andre Randall v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-12-10; Ruling Date: 07/02/2013; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. Johnny Reb Aviation, LLC; Tate Chancery Court; LC Case #: 10-7-276 (PL); Ruling Date: 08/20/2013; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Tate County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. Lee, C.J., Not Participating.

Leggett & Platt and Fidelity and Guaranty Insurance Company v. Victor Brinkley; LC Case #: 1100639-M-2666; Ruling Date: 12/12/2013; Majority Opinion: Carlton, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Griffis, P.J., Dissents Without Separate Written Opinion.

Robert Floyd McGuire a/k/a Robert McGuire v. State of Mississippi; Rankin Circuit Court; LC Case #: 23,998; Ruling Date: 11/06/2012; Ruling Judge: John Emfinger; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of murder and sentence of life imprisonment is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Carnell Mohead v. State of Mississippi; Grenada Circuit Court; LC Case #: 2013-229-CV- L; Ruling Date: 06/07/2013; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Grenada County Circuit Court is affirmed. All costs of this appeal are assessed to Grenada County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., and James, J., Concur in Part and in the Result Without Separate Written Opinion.

Marco S. Raine a/k/a Marco Shaunta Raine a/k/a Marco Shuanta Raine a/k/a Marco Raine a/k/a Marco S. Raine, Jr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 2013-172-C; Ruling Date: 08/23/2013; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Garrett Birmingham v. State of Mississippi; Lee Circuit Court; LC Case #: CV13-063-PF-L; Ruling Date: 05/02/2013; Ruling Judge: Paul Funderburk; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lee County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton, Fair and James, JJ., Concur. Roberts, J., Concurs in Result Only With Separate Written Opinion, Joined by Griffis, P.J., and Maxwell, J. Concur in Result Only Opinion: Roberts, J. Votes: Griffis, P.J., and Maxwell, J., Join This Opinion.

Antonio Daniel Wallace a/k/a Antonio Wallace a/k/a Antonio D. Wallace v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0392 (C); Ruling Date: 06/06/2013; Ruling Judge: William Chapman, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, armed robbery, and sentence of thirty-four years; Count II, kidnapping, and sentence of thirty-four years; and Count III, conspiracy to commit armed robbery, and sentence of five years, with all sentences to run concurrently and to be served in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Madison County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, Hooters of America, Inc. and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 05/11/2012; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2013-CA-00262-COA Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 11/06/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: The appellee's motion for rehearing is denied. Griffis, P.J., and Roberts, J., would grant. Maxwell, J., not participating.

Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, Hooters of America, Inc. and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 05/11/2012; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2013-CA-00262-COA Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 11/06/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: The appellant's motion for rehearing is denied. Maxwell, J., not participating.

Barbara Ann Thompson Bolton v. Roger Weiner, M.D.; Coahoma Circuit Court; LC Case #: 14-CI-04-0162; Ruling Date: 08/14/2012; Ruling Judge: Johnnie Walls, Jr.; Disposition: The motion for rehearing is denied. Griffis, P.J., and James, J., would grant.

Greg Williams a/k/a Gregory W. Williams a/k/a Williams, Gregory Wayne a/k/a Gregory Williams v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2010-804; Ruling Date: 10/22/2012; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes, Carlton and James, JJ., would grant.

Vance Drummer v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0103-CR1; Ruling Date: 11/29/2012; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. James, J., would grant.

Eric Wallace a/k/a Eric Maurice Wallace a/k/a Eric M. Wallace v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0097CRC; Ruling Date: 12/14/2012; Ruling Judge: M. Chaney, Jr.; Disposition: The motion for rehearing is denied.

Diane Jack v. Mississippi Department of Employment Security; Clay Circuit Court; LC Case #: 2013-048H; Ruling Date: 05/13/2013; Ruling Judge: Lee Howard; Disposition: Pursuant to Mississippi Rule of Appellate Procedure 42(b), the joint motion to dismiss appeal is granted. The appeal is hereby dismissed. Order entered.