10/19/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2009-KA-00403-COA

Derrick Hampton a/k/a Margie Boo and Kandrin Kordel Grace a/k/a Ken v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0023; Ruling Date: 03/12/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Kandrin Kordel Grace of aggravated assault and sentence of twenty years with five years suspended and five years of post-release supervision; and conviction of Derrick Hampton of attempted aggravated assault and sentence of fifteen years with five years suspended and five years of post-release supervision, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Charles Anderson v. State of Mississippi; Lamar Circuit Court; LC Case #: 2003K428P; Ruling Date: 07/22/2005; Ruling Judge: R. Prichard, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Lamar County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lamar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

James Robin Robinson, Jr. v. State Farm Mutual Automobile Insurance Company; Smith Circuit Court; LC Case #: 2007-257; Ruling Date: 05/05/2009; Ruling Judge: Robert Evans; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Smith County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Irving, J., concurs in result only without separate written opinion. Griffis, J., not participating.

Georgia Charlot v. Dennis L. Henry and Barbara Hanson Henry; Harrison Chancery Court 1st District; LC Case #: 08-00643-2; Ruling Date: 02/09/2009; Ruling Judge: Margaret Alfonso; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Carl Edward Rayford v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-02-922; Ruling Date: 08/11/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison 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 Harrison County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Shirley Cole v. Ellisville State School; Jones Circuit Court 1st District; LC Case #: 2009-06-CV4; Ruling Date: 08/11/2009; Ruling Judge: Billy Landrum; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Jones County is reversed, and judgment is rendered to reinstate the decision of the Administrative Judge of the Mississippi Workers' Compensation Commission. All costs of this appeal are assessed to the appellee/cross-appellant. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion. Carlton, J., concurs in result only without separate written opinion.

Charles Blanton v. Gardner's Supermarket, Inc. d/b/a Roger's Supermarket; Alcorn Circuit Court; LC Case #: CV07-000642FA; Ruling Date: 12/09/2008; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Barnes and Carlton, JJ., not participating. Order entered.

Brian E. Wikel v. Bethany J. Wikel Miller; Oktibbeha Chancery Court; LC Case #: 2004-0496; Ruling Date: 12/02/2008; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Lee, P.J., and Carlton, J., would grant. Order entered.

Stroud Construction, Inc. v. Bill Walsh and Cindy Walsh; Madison Circuit Court; LC Case #: 2008-0095-C; Ruling Date: 04/09/2009; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.

Desmond Forthner, Sr. v. LaKenya Bonner Forthner; Jasper Chancery Court 1st District; LC Case #: 2008-A054; Ruling Date: 03/09/2009; Ruling Judge: H. Clark, II; Majority Opinion: King, C.J. Disposition: The judgment of the Jasper County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Maxwell, J., concurs in result only without separate written opinion. Griffis, J., concurs in part and dissents in part without separate written opinion. Irving, J., dissents without separate written opinion.

Esther Roberts v. The Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-370; Ruling Date: 11/21/2008; Ruling Judge: William Coleman; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Kenneth W. Keys v. State of Mississippi; Forrest Circuit Court; LC Case #: CI08-0044; Ruling Date: 05/27/2009; Ruling Judge: Robert Helfrich; Majority Opinion: Roberts, J. Disposition: The judgment of the Forrest County Circuit Court denying the motion for post-conviction relief is reversed and rendered. All costs of this appeal are assessed to the appellant. Votes: Lee, P.J., Griffis, Barnes, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion. Ishee, J., dissents with separate written opinion joined by King, C.J., and Myers, P.J. Dissenting Opinion: Ishee, J. Votes: King, C.J., and Myers, P.J., join this opinion.

Mississippi Department of Employment Security v. Trent L. Howell, PLLC; Yalobusha Circuit Court 2nd District; LC Case #: CV2008-53BY2; Ruling Date: 03/23/2009; Ruling Judge: Andrew Baker; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Yalobusha County is reversed, and a judgment is rendered to reinstate the decision of the Mississippi Department of Employment Security. Votes: Lee and Myers, P.JJ., Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Irving, J., dissents with separate written opinion joined in part by Ishee, J. Ishee, J., dissents with separate written opinion joined by King, C.J. Dissenting Opinion: Irving, J. Votes: Ishee, J., joins this opinion in part. Dissenting Opinion: Ishee, J. Votes: King, C.J., joins this opinion.