10/16/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-CA-01373-COA

Roger Murray d/b/a Twin River Auto Sales v. Tammy Blackwell; Lowndes Circuit Court; LC Case #: 2005-0149-CV1; Ruling Date: 06/14/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Lowndes County Circuit Court is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Patrick Douglas Denham v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-168-CR; Ruling Date: 11/17/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of burglary of a dwelling as an habitual offender and sentence to serve a term of twenty-five years in the custody of the Mississippi Department of Corrections without the possibility of probation, parole, or early release is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

James Vardaman v. State of Mississippi; Rankin Circuit Court; LC Case #: 16366; Ruling Date: 12/16/2005; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction on Count I, possession of 250 dosage units of pseudoephedrine, and sentence of life imprisonment and Count II, conspiracy to manufacture methamphetamine, and sentence of life imprisonment, each sentence shall not be reduced or suspended and defendant shall not be eligible for parole or probation, all 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., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

In the Matter of the Estate of Nathan McGee, Deceased: Frances Carolyn Harris Philip, Susan Catherine Harris Couch, Samuel King Harris, David Walton Longmire, James Alan Longmire and Robert William Longmire v. Margaret McDaniel Harveston, Administratrix, and RLI Insurance Company, Surety; Adams Chancery Court; LC Case #: 99-752; Ruling Date: 08/18/2006; Ruling Judge: George Ward; Majority Opinion: Griffis, J. Disposition: The judgment of the Adams County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

Alison Suzanne Bass Klein v. Michael Ray McIntyre, Jr.; Amite Chancery Court; LC Case #: 2004-207; Ruling Date: 09/11/2006; Ruling Judge: Debbra Halford; Majority Opinion: Griffis, J. Disposition: The judgment of the Amite County Chancery Court is dismissed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Sheryl Stevison v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-1030-CIV-BD; Ruling Date: 04/10/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving and Ishee, JJ., concur. Barnes, J., concurs in result only. Griffis, J., dissents with separate written opinion. Roberts and Carlton, JJ., not participating. Dissenting Opinion: Griffis, J.

Anita Williams Simpson v. The Estate of Robert Joshua Williams, II, Deceased, and Deborah Williams Avery, Administratrix; Pearl River Chancery Court; LC Case #: 96-0352-GN-D; Ruling Date: 03/10/2006; Ruling Judge: James Roberts, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

Emily Louise Parker DeVito v. Thomas Peter DeVito, Jr.; Rankin Chancery Court; LC Case #: 55,958; Ruling Date: 06/07/2006; Ruling Judge: Thomas Zebert; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Marvin Chestnut v. Dairy Fresh Corporation and Great American Assurance Company; Forrest Circuit Court; LC Case #: CI-06-0158; Ruling Date: 11/06/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Harold C. Gordon, Jr. v. Maggie McGee, Katie Young, Rosie Del Harris, Velda S. Williams, Velmar S. Stallings, Tie Ron S. Randle, Sain S. Trotter, Eunice S. Haynes, Bobbie S. Tolon, Theodore Smith, Eckford Smith, Patrick Bibbs, Coleman Buress, Angela Buress, Linda Gail Young, Amy Denise Buress Miller, Carrie Jean Buress, Earleen Bibbs, Yolanda Randle, Tiffany Bibbs, Quentin Bibbs, Greta Bibbs, Billie Gillespie, Terry Gillespie, Linda Gillespie Davis; and any and all unknown Heirs of Minnie Bibbs; Oktibbeha Chancery Court; LC Case #: 02-0316; Ruling Date: 07/18/2006; Ruling Judge: Kenneth Burns; Majority Opinion: Lee, P.J. Disposition: The judgment of the Oktibbeha County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs with separate written opinion, joined by Chandler, Griffis and Roberts, JJ. Concurring Opinion: Barnes, J. Votes: Chandler, Griffis and Roberts, JJ., join this opinion.

Mississippi Department of Corrections v. James R. Tuttle; Sunflower Circuit Court; LC Case #: CI2006-0013; Ruling Date: 08/09/2006; Ruling Judge: Richard Smith; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., concurs in result only.

Mary C. Cooper v. State of Mississippi; Winston Circuit Court; LC Case #: 2005-005-CR; Ruling Date: 10/31/2006; Ruling Judge: C. Morgan, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Winston County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Winston County. Votes: King, C.J., Myers, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

James Wesley Scott v. State of Mississippi; Forrest Circuit Court; LC Case #: 00-172CR; Ruling Date: 09/06/2001; Ruling Judge: Richard McKenzie; Disposition: The appellee's motion for rehearing is denied. Chandler and Barnes, JJ., would grant. Order entered.

James K. Hensarling, M.D. v. Sandra Holly, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-98-933 CIV; Ruling Date: 11/12/2002; Ruling Judge: Tomie Green; Disposition: The appellant's motion for rehearing is denied. Barnes, J., not participating. Order entered.

Kenneth Brown v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-228; Ruling Date: 12/10/2004; Ruling Judge: Betty Sanders; Disposition: The appellee's motion for rehearing is denied. King, C.J., would grant. Irving, and Carlton, JJ., not participating. Order entered.

Kenneth Brown v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-228; Ruling Date: 12/10/2004; Ruling Judge: Betty Sanders; Disposition: The appellant's motion for rehearing is denied. Myers, P.J., would grant. Order entered.

Mark Anthony Cougle v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2005-166; Ruling Date: 04/18/2006; Ruling Judge: Andrew Howorth; Disposition: The appellant's motion for rehearing is denied. Order entered.