10/24/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2004-KA-02434-COA

Phillip Matthew Klauk v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-070-CR; Ruling Date: 06/23/2004; Ruling Judge: Robert Helfrich; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of Count I touching a child for lustful purposes and sentence of fifteen years; Count II touching a child for lustful purposes and sentence of fifteen years to run consecutively to sentence in Count I; and Count III touching a child for lustful purposes and sentence of fifteen years to run consecutively to sentence in Counts I and II, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Stanley Hill v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2005-0034; Ruling Date: 05/31/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Second Judicial District of the Harrison County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Michael Wortham a/k/a Michael Andre Wortham v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2005-086; Ruling Date: 08/05/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Roberts, J. Disposition: The judgment of the Calhoun County Circuit Court denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Eric Glenn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0030-CV1; Ruling Date: 05/11/2005; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Lawunda C. Jones v. B.L. Development Corporation and Jimmy Miller; Tunica Circuit Court; LC Case #: 2003-0092-LL; Ruling Date: 04/26/2005; Ruling Judge: Larry Lewis; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally to the parties. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Leon White v. State of Mississippi; Clay Circuit Court; LC Case #: 2004-0145; Ruling Date: 04/15/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Clay County dismissing post-conviction relief is reversed and remanded for resentencing. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Samuel Tyrone Williams v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-016; Ruling Date: 05/04/2005; Ruling Judge: Thomas Gardner, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of Count I, simple assault and sentence of six months in the custody of the Lee County Sheriff's Department and of Count II, kidnaping and sentence of thirty years in the custody of the Mississippi Department of Corrections as a habitual offender, said sentences to run consecutively to each other and consecutively with the sentence imposed in Lee County CR03-647 Count I and Count II, and to pay a fine of $500, is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Southwick, J., concurs in result only.

Marcus Chandler v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-422; Ruling Date: 01/30/2003; Ruling Judge: W. Yerger; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Hinds County 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 Hinds County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J., concurs in result only.

Mark A. Jackson a/k/a Mark Anthony Jackson v. Lt. Deborah Gray, Superintendent Ronald King and Commissioner Christopher B. Epps; Greene Circuit Court; LC Case #: 2005-03-024(1); Ruling Date: 03/16/2005; Ruling Judge: Robert Krebs; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Greene County is affirmed. All costs of this appeal are assessed to Greene County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

The Arrechea Family Trust, John F. Arrechea and Lois M. Arrechea, Co-Trustees, David M. Reed and Katherine A. Reed v. John Palmer Adams; Lafayette Chancery Court; LC Case #: 2004-386R; Ruling Date: 05/16/2005; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Lafayette County is affirmed. All costs of this appeal are taxed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., not participating.

Angus Laughton Malcolm Thom McLean, III v. Leigh Ann (McLean) Kohnle; Lauderdale Chancery Court; LC Case #: 90-819-S; Ruling Date: 12/02/2004; Ruling Judge: Sarah Springer; Consolidated with 2005-CA-02140-COA Angus Laughton Malcolm Thom McLean, III v. Leigh Ann McLean Kohnle; Lauderdale Chancery Court; LC Case #: 90-819-S; Ruling Date: 09/27/2005; Ruling Judge: Sarah Springer; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Lauderdale County is reversed and remanded for the entry of an order of dismissal for lack of subject matter jurisdiction. All costs of this appeal are assessed to appellee. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., not participating.

Joseph T. Dimaio a/k/a JT v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR-2004-18-L(T1); Ruling Date: 03/10/2005; Ruling Judge: Ann Lamar; Majority Opinion: King, C.J. Disposition: The judgment of the Tallahatchie County Circuit Court of conviction of Count I burglary of a church and sentence of ten years in the custody of the Mississippi Department of Corrections, Count II petit larceny and sentence of one year in the Tallahatchie County Jail, Count III burglary of a church and sentence of five years on post-release supervision, Count IV petit larceny and sentence of one year in the Tallahatchie County Jail, Count V felony malicious mischief and sentence of five years post-release supervision, with Counts I, III, and V to be served consecutively and Counts II and IV to be served concurrently with Count I is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Jeffer R. Clayton a/k/a Jeffrey Ray Clayton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-02-00156; Ruling Date: 05/09/2003; Ruling Judge: Stephen Simpson; Disposition: The appellant's motion for rehearing is denied. Order entered.

Patricia Flowers v. Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-01-1323; Ruling Date: 01/18/2005; Ruling Judge: W. Yerger; Majority Opinion: Southwick, J. Disposition: The previous opinion is withdrawn and this is substituted. The motion of rehearing is denied. The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Reginald Joe Moss v. State of Mississippi and State of Mississippi; Alcorn Circuit Court; LC Case #: CV04-280(A)A; Ruling Date: 03/07/2005; Ruling Judge: Sharion Aycock; Disposition: The appellant's motion for rehearing is denied. Order entered.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-054(B); Ruling Date: 05/19/2005; Ruling Judge: Robert Bailey; Disposition: The appellant's motion for rehearing is denied. Roberts, J., not participating. Order entered.

Piney Woods Country Life School, Legion Insurance Company (in liquidation) and Mississippi Insurance Guaranty Association (as successor in interest) v. Judy Ann Young; Rankin Circuit Court; LC Case #: 2005-142(C); Ruling Date: 09/09/2005; Ruling Judge: William Chapman, III; Disposition: The appellants' motion for rehearing is denied. Order entered.