10/18/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-KA-00467-COA

James Wayland Mosley v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2010-046-CR; Ruling Date: 02/24/2010; Ruling Judge: C. Morgan, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Choctaw County Circuit Court of conviction of Count II, possession of less than thirty grams of marihuana, a schedule I controlled substance, and sentence to pay a fine of $250, and Count III, possession of more than 0.1 but less than 2 grams of cocaine, a schedule II controlled substance, and sentence of eight years in the custody of the Mississippi Department of Corrections and suspension of driving privileges for six months is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur.

William Stanley Wilson, II v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2009-272CD; Ruling Date: 10/28/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count I, murder, and sentence of life, and Count II, arson in the first degree, and sentence of twenty years, all as a habitual offender in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, with the sentence in count II to run consecutively to the sentence in Count I, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving, P.J., Myers, Ishee, Roberts and Russell, JJ., concur. Griffis, P.J., Barnes and Maxwell, JJ., concur in part and in the result.

Darwin Wells, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2008-11,329(3); Ruling Date: 10/29/2009; Ruling Judge: Dale Harkey; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of deliberate-design murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur.

Thomas Earl Austin, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0186-CR1; Ruling Date: 05/26/2010; Ruling Judge: Lee Howard; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of possession of a firearm by a convicted felon and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation and to pay a $5,000 fine is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur.

Ricky Gavin v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2010-38-CV4; Ruling Date: 08/30/2010; Ruling Judge: Billy Landrum; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Jones County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Maxwell and Russell, JJ., concur. Barnes, J., concurs in part and in the result.

Theresia Walls Jones v. Johnny Neal Jones; Lincoln Chancery Court; LC Case #: 2008-0261; Ruling Date: 10/08/2009; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Lincoln County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Anthony J. Hudson v. Jones County Board of Supervisors; Jones Circuit Court 2nd District; LC Case #: 2010-0028-CV03; Ruling Date: 08/06/2010; Ruling Judge: Albert Smith, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Jones County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Russell, J., dissents with separate written opinion joined by Irving, P.J. Dissenting Opinion: Russell, J. Votes: Irving, P.J., joins this opinion.

Cedric Brooks v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0028-M; Ruling Date: 10/15/2010; Ruling Judge: Richard Smith; Majority Opinion: Roberts, J. Disposition: The judgment of the Sunflower County Circuit Court dismissing 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., Myers, Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur.

Nancy Weible, M.D. v. University of Southern Mississippi and Dr. Jane Siders; Forrest Circuit Court; LC Case #: CI-05-0003; Ruling Date: 02/09/2009; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

William Eugene Little v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0172-CRP; Ruling Date: 04/08/2010; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Warren County of conviction of molestation and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with ten years to serve, five years suspended, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

George Albert Hudson, Jr v. State of Mississippi; Lincoln Circuit Court; LC Case #: 09-085-LT; Ruling Date: 04/15/2010; Ruling Judge: Michael Taylor; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of aggravated assault and sentence of twenty years as a habitual offender in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Levi Miller v. Sonya Boyd; Madison Chancery Court; LC Case #: G2008-305; Ruling Date: 10/04/2010; Ruling Judge: Cynthia Brewer; Majority Opinion: Irving, P.J. Disposition: The judgment of the Madison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., not participating.

Daniel Zachary Ross v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-191(R)L; Ruling Date: 08/19/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lee County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Jeffrey Dale Beecham v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2007-955-CD; Ruling Date: 12/16/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, C.J. Disposition: The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the DeSoto County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to DeSoto County. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., concurs in result only.

Timber Lake Foods, Inc. v. Stephanie Estess; Lee Circuit Court; LC Case #: CV-08-177; Ruling Date: 04/21/2009; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Barnes and Russell, JJ., not participating. Order entered.

Curtis Philpot v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0330; Ruling Date: 11/03/2006; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Myers and Russell, JJ., not participating. Order entered.

Janice Herrington Ward, William Lloyd Ward, Jr., Rita Collins, Deceased, and Linda Stennett v. Trimac Investments, LLC; Forrest County Court; LC Case #: C004-0894-E; Ruling Date: 11/12/2009; Ruling Judge: Michael McPhail; Disposition: The motion for rehearing is denied. Lee, C.J., and Russell, J., not participating. Order entered.

Jherashio Ramandes Hosey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00729; Ruling Date: 03/18/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jimmy Traylor v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-071(R)(L); Ruling Date: 06/07/2010; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied. Order entered.