10/23/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2010-KA-01127-COA

Ricky Archer a/k/a Ricky D. Archer a/k/a "Slick" v. State of Mississippi; Leflore Circuit Court; LC Case #: 2008-0251; Ruling Date: 04/08/2010; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Fair, J. Disposition: The judgment of the Leflore County Circuit Court of conviction of Count I, statutory rape, and sentence of twenty years with sixteen years to serve and four years of post-release supervision; and Count II, fondling, and sentence of two years; with the sentences to be served concurrently in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell and Russell, JJ., Concur. Barnes, J., Concurs in Part and in the Result. Carlton, J., Concurs in Result Only.

Ian Michael Garcino v. Amanda A.(Mills/Garcino) Noel; Jackson Chancery Court; LC Case #: 2005-2207JB; Ruling Date: 09/12/2011; Ruling Judge: Jaye Bradley; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jackson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Joe S. Cane a/k/a Joe Cane v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0555-CV; Ruling Date: 08/23/2011; Ruling Judge: Lee Howard; Consolidated with 2011-CP-00274-COA Joe Cane v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0555-CV; Ruling Date: 01/06/2011; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Oktibbeha County Circuit Court summarily dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Public Employees' Retirement System v. Gloria Lang; Hinds Circuit Court 1st District; LC Case #: 251-09-813CIV; Ruling Date: 06/23/2010; Ruling Judge: S. Harrison; Majority Opinion: Barnes, J. Disposition: The judgment of the Hinds County Circuit Court is reversed, and this case is remanded to the PERS Disability Appeals Committee for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Irving, P.J. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Irving, P.J., Joins This Opinion.

Eboni Bena White a/k/a Eboni White a/k/a Eboni B. White v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR-2010-18; Ruling Date: 09/27/2010; Ruling Judge: Lamar Pickard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Claiborne County 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Russell, J., Dissents With Separate Written Opinion, Joined by Carlton, J. Dissenting Opinion: Russell, J. Votes: Carlton, J., Joins This Opinion.

John Wilty and Angela Wilty v. Granville Alpha and Angela Alpha; DeSoto Circuit Court; LC Case #: CV2010-0030CD; Ruling Date: 05/19/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of DeSoto County is reversed, and this case is remanded to the circuit court for a new trial on the issue of damages only. All costs of this appeal are assessed equally between the appellants and the appellees. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only.

Richard H. Pritchard v. Claudia J. Pritchard; Warren Chancery Court; LC Case #: 98-033GN; Ruling Date: 07/22/2011; Ruling Judge: Vicki Barnes; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Warren 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, Russell and Fair, JJ., Concur.

Victor D. Jones a/k/a Victor Dewayne Jones v. State of Mississippi; Pike Circuit Court; LC Case #: 11-084-PCS; Ruling Date: 08/01/2011; Ruling Judge: David Strong, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Pike County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Michael W. Goolsby v. Angela Nicole Crane (Goolsby); DeSoto Chancery Court; LC Case #: 07-01-0152; Ruling Date: 06/30/2011; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result.

Madison Citizens Against Rezoning, John W. Robinson, III and Nell Wade v. Madison County Board of Supervisors and Livingston Township, LLC; Madison Circuit Court; LC Case #: 2009-236; Ruling Date: 07/26/2010; Ruling Judge: William Chapman, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Howard Wilson Carney, III v. Andrea Leigh Bell Carney; Warren Chancery Court; LC Case #: 2008-371-GN; Ruling Date: 03/19/2010; Ruling Judge: Vicki Barnes; Disposition: The motion for rehearing is denied. Lee, C.J., and Irving, P.J., not participating. Order entered.

R.C. Hibbler v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2005-033; Ruling Date: 03/19/2008; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Noxubee County Circuit Court of conviction of statutory rape and sentence of twenty years in the custody of the Mississippi Department of Corrections is reversed, and the case is remanded for a new trial consistent with this opinion. All costs of this appeal are assessed to Noxubee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Mississippi Forestry Commission v. Stephen Oglesby; Franklin Circuit Court; LC Case #: 10-CV-0016; Ruling Date: 09/03/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

Eddie Longstreet d/b/a EL and GT Properties, LLC and Gary Turner d/b/a EL and GT Properties, LLC v. Bankfirst Financial Services; Clay Circuit Court; LC Case #: 2010-0019; Ruling Date: 11/12/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Paul Davis Restoration Central Mississippi a/k/a Red Rhino Logistics, Inc. v. Steve McColland; Madison Circuit Court; LC Case #: CO-2007-0073-01; Ruling Date: 09/06/2011; Ruling Judge: William Chapman, III; Disposition: Motion to Withdraw Appeal is granted. The appeal is dismissed with the appellant to bear the costs of this appeal. Order entered.