10/15/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
XX  2012-CA-00663-COA

Cheri W. Heflin v. Stephen Merrill and/or The Estate of Stephen Merrill and Nationwide Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-07-309; Ruling Date: 10/14/2011; Ruling Judge: John Gargiulo; Majority Opinion: James, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Carlton, J., Concurs. Irving, P.J., Barnes and Roberts, JJ., Concur in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., Maxwell and Fair, JJ. Ishee, J., Not Participating. Dissenting Opinion: Griffis, P.J. Votes: Lee, C.J., Maxwell and Fair, JJ., Join This Opinion.

Monroe Randle v. Mississippi Parole Board; Rankin Circuit Court; LC Case #: 2013-54-C; Ruling Date: 03/15/2013; Ruling Judge: William Chapman, III; Majority Opinion: Fair, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Joshua Buckner a/k/a Joshua David Buckner v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0597-CVH; Ruling Date: 04/30/2012; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Oktibbeha County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

David Foster v. Linda Durr and Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2010-0459; Ruling Date: 08/29/2012; Ruling Judge: Betty Sanders; Majority Opinion: Carlton, J. Disposition: The judgment of the Sunflower County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Roberts, J., Not Participating.

Weldon Leagea a/k/a Weldon Leage v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-09-00069; Ruling Date: 07/23/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of capital murder and sentence of life 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., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Amos Archie, Jr. v. Debbie Johnson Archie; Hinds Chancery Court 1st District; LC Case #: G2006-1066 W/4; Ruling Date: 03/09/2010; Ruling Judge: Patricia Wise; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Hinds County is reversed and rendered in part and reversed and remanded in part. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-500GCD; Ruling Date: 12/14/2011; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of burglary of a dwelling and sentence of twenty-five years as a habitual offender in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, with the sentence to run consecutively to any sentence currently being served and credit to be given for time served, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Christopher Edwards v. State of Mississippi; Clay Circuit Court; LC Case #: 2011-0225K; Ruling Date: 01/19/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Clay County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Clay County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion.

Tazarius Cooper a/k/a T.C. v. State of Mississippi; Washington Circuit Court; LC Case #: 2011-0044; Ruling Date: 02/17/2012; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Washington County of conviction of possession of ecstasy with intent to distribute and sentence of seven years in the custody of the Mississippi Department of Corrections, with two years to serve followed by five years of post-release supervision, with the sentence to run consecutively to any other sentence currently being served, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Irving, P.J., Roberts and Maxwell, JJ., Concur in Part and in the Result.

Ronald Brooks v. Janice Fields; Lee Chancery Court; LC Case #: 00-0407(41)L; Ruling Date: 02/15/2012; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Lee County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Willie Curry a/k/a Willie E. Curry a/k/a Willie Earl Curry a/k/a Willie L. Curry v. State of Mississippi; Madison Circuit Court; LC Case #: CR2010-0331; Ruling Date: 06/28/2011; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, attempt to exploit a vulnerable adult, and sentence of ten years; Count II, conspiracy to exploit a vulnerable adult, and sentence of five years, both sentences as a habitual offender, in the custody of the Mississippi Department of Corrections without eligibility for parole or probation; Count III, possession of hydrocodone with acetaminophen, and sentence of one year in the custody of the Madison County Sheriff; with the sentence in Count II to run consecutively to the sentence in Count I and the sentence in Count III to run consecutively to the sentence in Count II, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., and Roberts, J., Concur in Result Only Without Separate Written Opinion.

James Kimbrough v. Fowler's Pressure Washing, LLC and Amfed National Insurance Company; Mississippi Workers' Compensation Commission; LC Case #: 10-10506-K-9684; Ruling Date: 08/15/2012; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Peter Grossley v. State of Mississippi; Madison Circuit Court; LC Case #: 2007-0490; Ruling Date: 09/15/2008; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied.

Ethel L. Buckley v. Singing River Hospital; Jackson Circuit Court; LC Case #: DS-2005-00-143(1); Ruling Date: 04/19/2011; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. See opinion rendered.

Ethel L. Buckley v. Singing River Hospital; Jackson Circuit Court; LC Case #: DS-2005-00-143(1); Ruling Date: 04/19/2011; Ruling Judge: Robert Krebs; Majority Opinion: Barnes, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Cordellra McCarley a/k/a Cordellra McCaley v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2011-0031CR; Ruling Date: 10/10/2011; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied.

Christopher West a/k/a Chris West v. State of Mississippi; Simpson Circuit Court; LC Case #: 2010-186K; Ruling Date: 10/14/2011; Ruling Judge: Eddie Bowen; Disposition: The motions for rehearing are denied. Griffis, P.J., and Carlton, J., would grant.

John Edward McDonald a/k/a John McDonald v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1-172; Ruling Date: 11/07/2011; Ruling Judge: L. Hilburn; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

Larry Smith Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-1017-CIV; Ruling Date: 12/06/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Jaquita Haywood a/k/a Joquita Haywood a/k/a Jacquita Haywood a/k/a Jaquita Haywood a/k/a "TeTe" v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-111-CR2; Ruling Date: 01/09/2012; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied.

Meika DeSean Britton a/k/a M. DeSean Britton a/k/a Meika D. Britton a/k/a Meike Britton a/k/a Meika Britton v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-395GCD; Ruling Date: 02/29/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: The motion for rehearing is denied.

Deon S. Ballard v. State of Mississippi; Rankin Circuit Court; LC Case #: 2009-131-C; Ruling Date: 02/08/2012; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. James, J., would grant.

LeDarius Bonds a/k/a Le'Darius Bonds a/k/a Poo v. State of Mississippi; Pike Circuit Court; LC Case #: 11-141-PKT; Ruling Date: 04/05/2012; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.