10/25/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2003-WC-00729-COA

Sharron Smith v. Durant Electric Corporation and Mississippi Manufacturers Association Workers' Compensation Group; Holmes Circuit Court; LC Case #: 2003-0001; Ruling Date: 03/05/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Ishee, J. Disposition: The judgment of the Holmes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

James Earl Gilcrease v. Angela Lois Gilcrease (Smith); Warren Chancery Court; LC Case #: 01-221GN; Ruling Date: 09/16/2003; Ruling Judge: Vicki Barnes; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Warren County is hereby affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur. King, C.J., concurs in result only.

Jeffrey Johnson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0262CR; Ruling Date: 05/06/2004; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of possession of a controlled substance and sentence of fifteen years in the custody of the Mississippi Department of Corrections, five years of post-release supervision, and payment of a $2,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis and Barnes, JJ., concur. Irving, J., concurs in result only.

Frederick Daniels v. Mississippi Employment Security Commission; Washington Circuit Court; LC Case #: CI 004-44; Ruling Date: 05/20/2004; Ruling Judge: W. Hines; Majority Opinion: Ishee, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Mary Shields v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-001-CR1; Ruling Date: 02/19/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lowndes 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 Lowndes County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

William Earl Ramage, Jr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-128 (C); Ruling Date: 07/22/2004; Ruling Judge: William Chapman, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Rankin County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Griffis, J. Disposition: The order of the Hinds County Circuit Court denying dismissal of the indictment is affirmed. The judgment of conviction of two counts of armed robbery and life sentence without the possibility of parole, probation, reduction, or suspension is reversed and remanded for a new trial. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Michael Ryals a/k/a Michael J. Ryals v. State of Mississippi; Forrest Circuit Court; LC Case #: CI02-0282; Ruling Date: 07/15/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Forrest County Circuit Court denying post-conviction relief is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Danny R. Anderson and Judy B. Anderson, as the Appointed Guardians of Joseph D. Anderson, a Minor; and on Behalf of the Wrongful Death Beneficiaries of Holly Michelle Anderson, Deceased v. R & D Foods, Inc., a Mississippi Corporation; Forrest Circuit Court; LC Case #: CI03-0036; Ruling Date: 01/26/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Eugene Davis v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-0084CR; Ruling Date: 02/06/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of simple assault on a law enforcement officer and sentence of life in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Abraham Roffman v. Dale Wilson; DeSoto Circuit Court; LC Case #: CV-2002-189 RD; Ruling Date: 07/01/2004; Ruling Judge: George Ready; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Sammie Durant v. State of Mississippi; Lowndes Circuit Court; LC Case #: 18,562-CV1; Ruling Date: 09/01/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Southern Win-Dor, Inc. v. RLI Insurance Company; Greene Circuit Court; LC Case #: 99-12-0129(I); Ruling Date: 06/30/2004; Ruling Judge: Dale Harkey; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Greene County dismissing appellant's claim is hereby affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Myers, Barnes and Ishee, JJ., concur. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Bridges, P.J., and Chandler, J., join this separate opinion.

Evelyn Graham v. Jimmy B. Walker and James N. Walker; Pearl River Circuit Court; LC Case #: 2001-0439; Ruling Date: 10/20/2003; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Pearl River County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., not participating.

Shawn Dewayne Burton v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0286; Ruling Date: 12/30/2003; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Madison County of conviction of robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections without possibility of probation or parole to run consecutively to his federal sentence in Cause Number 3:99CR154BS, is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Ventura Donnell Moore, Sr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-015CR; Ruling Date: 05/12/2003; Ruling Judge: Robert Helfrich; Majority Opinion: King, C.J. Disposition: The appeal of the judgment of the Forrest County Circuit Court is hereby dismissed. All costs of this appeal are assessed to Forrest County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Billy Dale Hill v. State of Mississippi; Calhoun Circuit Court; LC Case #: C99-065; Ruling Date: 05/11/2004; Ruling Judge: Andrew Howorth; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Calhoun County is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ravin Hayes v. Greene County, Mississippi; Greene Circuit Court; LC Case #: 2002-07-059(2); Ruling Date: 06/07/2004; Ruling Judge: Kathy Jackson; Majority Opinion: King, C.J. Disposition: The judgment of the Greene County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Wilford L. Mitchell a/k/a Wilfred L. Mitchell v. State of Mississippi; Marshall Circuit Court; LC Case #: MK00-104; Ruling Date: 05/30/2001; Ruling Judge: Henry Lackey; Disposition: Appellant's motion for rehearing is denied.

Morris Newspaper Corporation d/b/a WXXV-TV and Tom MacArthur v. Rebecca Allen; Harrison Circuit Court 1st District; LC Case #: A2401--00-00124; Ruling Date: 03/28/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Barnes, J. Disposition: The appellee's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Harrison County is affirmed on direct and cross-appeal. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Irving and Myers, JJ., concur. Griffis and Ishee, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Chandler, J.

George Hardiman a/k/a George Hardman v. State of Mississippi; Tunica Circuit Court; LC Case #: 2000-0095; Ruling Date: 10/29/2003; Ruling Judge: Kenneth Thomas; Disposition: Appellant's motion for rehearing is denied.

In the Matter of the Estate of Ola Aurelia McQueen, Deceased, David Anthony Sims, Executor: Dianne Lynn Rocco v. David Anthony Sims; Jackson Chancery Court; LC Case #: 2001-1183-PW; Ruling Date: 05/22/2003; Ruling Judge: Pat Watts, Jr.; Majority Opinion: Griffis, J. Disposition: The appellee's motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Jackson County Chancery Court is affirmed. All costs of this appeal are taxed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Jerry M. Harvey v. Carolyn R. Harvey; Rankin Chancery Court; LC Case #: 52166; Ruling Date: 05/30/2003; Ruling Judge: Thomas Zebert; Disposition: Appellant's motion for rehearing is denied.

Eddie Jenkins v. State of Mississippi; Copiah Circuit Court; LC Case #: 2003-0010CR; Ruling Date: 08/21/2003; Ruling Judge: Lamar Pickard; Disposition: Appellant's motion for rehearing is denied.

William T. Busick v. State of Mississippi; Lamar Circuit Court; LC Case #: 2003-367E; Ruling Date: 01/09/2004; Ruling Judge: Michael Eubanks; Disposition: Petition to End Brief for Appellant is granted. The appeal is dismissed and all costs are assessed to Lamar County. Order entered.

Matthew Wells a/k/a Matthew Earl Wells, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2001-10,342(3); Ruling Date: 11/21/2003; Ruling Judge: Dale Harkey; Disposition: Appellant's motion for rehearing is denied.

Emma Hannah v. State of Mississippi; Winston Circuit Court; LC Case #: 2003-213-CV; Ruling Date: 11/10/2004; Ruling Judge: C. Morgan, III; Disposition: Appellant's motion for rehearing is denied.

Robert Lee Joshua v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2003-00253; Ruling Date: 04/29/2004; Ruling Judge: Stephen Simpson; Disposition: Appellant's motion for rehearing is denied.

Jerry Fitch, Indivually, Fitch Oil Company, Inc., and Fitch & Fleming Oil Company v. Andrew W. Callicutt and Shane Strickland d/b/a Callicutt and Strickland, Partners; Union Circuit Court; LC Case #: U-2003-122; Ruling Date: 09/30/2004; Ruling Judge: Andrew Howorth; Disposition: Motion for Dismissal of Appeal is granted. All costs of appeal are assessed to the appellant. Order entered.