10/26/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-KA-01171-COA

James D. Fulgham v. State of Mississippi; Webster Circuit Court; LC Case #: 2009-0013-CR; Ruling Date: 06/25/2009; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Webster County Circuit Court of conviction of Count I, sexual battery, and sentence of twenty years and Count II, touching a child for lustful purposes, and sentence of ten years, with the sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Webster County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

In The Matter of The Estate of Lester Perry, Deceased: Cheryl Perry v. Lee Andrew Perry; Madison Chancery Court; LC Case #: 2002-036; Ruling Date: 08/03/2009; Ruling Judge: Cynthia Brewer; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Paul Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 08-0-103; Ruling Date: 08/19/2008; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of intimidating a witness and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in result only without separate written opinion.

Jermaine Brownlee v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2007-531-CD; Ruling Date: 03/16/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count I, selling a controlled substance, and sentence of thirty years and Count II, selling a controlled substance, and sentence of twenty years, all as a habitual offender, without eligibility for parole or probation, and to run concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Robert S. Parker v. Tessecca Bliven; Lamar Chancery Court; LC Case #: 2006-0028-GN-D; Ruling Date: 02/25/2009; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Michael Kelly v. State of Mississippi; Rankin Circuit Court; LC Case #: 2009-238; Ruling Date: 09/25/2009; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Rankin County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Scott Harrison and Mona Harrison v. Mayor and Board of Alderman of The City of Batesville and Memphis Stone & Gravel Company; Panola Circuit Court 2nd District; LC Case #: CV2008-239 BP2; Ruling Date: 05/13/2009; Ruling Judge: Andrew Baker; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Panola County is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee, P.J., Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Myers, P.J., and Barnes, J. Dissenting Opinion: Carlton, J. Votes: Myers, P.J., and Barnes, J., join this opinion.

In the Matter of the Estate of George H. Kendrick, Sr., Deceased, George H. Kendrick, Jr., Individually and as Administrator of the Estate of George H. Kendrick, Sr., Cheryl K. Rankin and Cynthia K. Coleman v. Sonja S. Gorden; Hinds Chancery Court 1st District; LC Case #: P-2006-683-T/1; Ruling Date: 02/18/2009; Ruling Judge: J. Thomas; Majority Opinion: Myers, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Gary Tubby, II v. State of Mississippi; Neshoba Circuit Court; LC Case #: 09-CR-0016-NS-G; Ruling Date: 03/19/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, P.J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of burglary of a dwelling and sentence of eleven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in result only.

Michael D. Brown and Michael D. Barksdale v. State of Mississippi; Attala Circuit Court; LC Case #: 2009-096-(A)-CR; Ruling Date: 10/16/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Attala County Circuit Court of conviction of Michael D. Brown of Count I, burglary of a building other than a dwelling, and sentence of seven years and Count II, burglary of a building other than a dwelling, and sentence of seven years with one day to serve and the remainder under post-release supervision, with the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, and to pay $3,562.50 in restitution, is affirmed. The judgment of the Attala County Circuit Court of conviction of Michael D. Barksdale of Count I, burglary of a building other than a dwelling, and sentence of seven years and Count II, burglary of a building other than a dwelling, and sentence of seven years with one day to serve and the remainder under post-release supervision, with the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, and to pay $3,562.50 in restitution, is affirmed. All costs of this appeal are assessed to Attala County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Sarah Manning v. Frank Gruich, Jr. d/b/a Gruich Pharmacy Shoppe and Estate of Frank Gruich, Sr.; Harrison Circuit Court 2nd District; LC Case #: A2402-04-00010; Ruling Date: 03/02/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in result only without separate written opinion.

Michael Perkins v. Wal-Mart Stores, Inc. and Elijah Wilson; Marshall Circuit Court; LC Case #: M2006-523; Ruling Date: 07/11/2008; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is granted in part. The previous opinion of this Court is withdrawn, and the opinion issued this day is substituted in lieu thereof.

Michael Perkins v. Wal-Mart Stores, Inc. and Elijah Wilson; Marshall Circuit Court; LC Case #: M2006-523; Ruling Date: 07/11/2008; Ruling Judge: Robert Elliott; Majority Opinion: Roberts, J. Disposition: The motion for rehearing is granted in part, and the previous opinion of this Court is withdrawn with this opinion substituted in lieu thereof. The judgment of the Circuit Court of Marshall County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee Wilson. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Ishee, JJ., concur. Carlton, J., concurs in part and dissents in part with separate written opinion. Maxwell, J., not participating. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Willie Lee Madden, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2005/B2401-2002-7; Ruling Date: 02/26/2009; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0229; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Consolidated with 2009-KA-00797-COA Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0541; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0541; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Consolidated with 2009-KA-00796-COA Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0229; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.