10/28/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CA-00054-COA

Samuel Keith McMinn v. Sharon Miller McMinn; Oktibbeha Chancery Court; LC Case #: 09-0550-D; Ruling Date: 12/07/2012; Ruling Judge: H. Davidson, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Oktibbeha County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Roberts, J., Concurs in Result Only Without Separate Written Opinion.

Edmond Quintezes Mosley a/k/a Edwin Mosley a/k/a Edmound Q. Mosley a/k/a Edmound Quintezes Mosley a/k/a Edmond Mosley a/k/a Edmound Quintez Mosley v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-036(W); Ruling Date: 04/19/2013; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Charles Douglas Owens, II a/k/a Charles Douglas Owens a/k/a Charles Owens a/k/a Charles D. Owens, II v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2013-0081; Ruling Date: 08/01/2013; Ruling Judge: Lisa Dodson; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Harrison County denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Sammie Smith a/k/a Sammie D. Smith v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2012-095-CR2; Ruling Date: 12/11/2012; Ruling Judge: Charles Webster; Majority Opinion: Fair, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of burglary of a dwelling and sentence of ten years in the custody of the Mississippi Department of Corrections, followed by five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Willie Earl Riley a/k/a Willie Riley a/k/a Willie E. Riley v. State of Mississippi; Holmes Circuit Court; LC Case #: 2013-0163; Ruling Date: 08/23/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Roberts, J. Disposition: The judgment of the Holmes County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Holmes County. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion.

Elsa Perez v. Howard Industries, Inc.; LC Case #: 1004844-K-5597-D; Ruling Date: 11/27/2013; Majority Opinion: Roberts, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Benjamin Shelton a/k/a Benjamin Lee Shelton a/k/a Benny a/k/a Benjamin L. Shelton v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0346-CR1H; Ruling Date: 08/24/2012; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of sexual battery and sentence of twelve years in the custody of the Mississippi Department of Corrections, with seven years to serve and five years suspended conditioned on post-release supervision, and to pay a $1,000 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Virginia W. Case v. Board of Supervisors of Lauderdale County and Lauderdale County, Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-175(W); Ruling Date: 01/11/2013; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Roberts, J., Not Participating.

Norman L. Neyland, as Administrator of the Estate of Mary Cory Gallagher, Deceased v. Timberland Management Services, Inc. and Michael J. Daughdrill; Wilkinson Circuit Court; LC Case #: 2010-0056; Ruling Date: 04/22/2013; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Wilkinson County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion.

Gyrone Marcell McSwain a/k/a Gyrone McSwain v. State of Mississippi; Forrest Circuit Court; LC Case #: 12-354CR; Ruling Date: 04/05/2013; Ruling Judge: Robert Helfrich; Majority Opinion: Irving, P.J. Disposition: The judgment of the Forrest County Circuit Court of conviction of simple possession of a controlled substance and sentence of sixteen years in the custody of the Mississippi Department of Corrections, with four years suspended for post-release supervision, and order to pay a $2,500 fine and $550 in restitution, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

The Charter Oak Fire Insurance Company v. B.J. Enterprises of Mississippi, LLC ; Hinds Circuit Court 1st District; LC Case #: 251-08-235CIV; Ruling Date: 06/02/2011; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. James, J., would grant.

John Doe o/b/o Jane Doe, a Minor v. Rankin County School District; Rankin Circuit Court; LC Case #: 2009-318 C; Ruling Date: 11/16/2011; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Rankin County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. See opinion rendered.

John Doe o/b/o Jane Doe, a Minor v. Rankin County School District; Rankin Circuit Court; LC Case #: 2009-318 C; Ruling Date: 11/16/2011; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Rankin County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Roberts, Fair and James, JJ., Concur. Griffis, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Barnes and Maxwell, JJ. Carlton, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: Griffis, P.J. Votes: Barnes and Maxwell, JJ., Join This Opinion.

Ricky Shannon Pierce a/k/a Shannon Pierce a/k/a Ricky Pierce v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2011-0051; Ruling Date: 08/07/2012; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied.

Nekole Bennett, Individually; B.J. by and through her Mother and Next Friend Nekole Bennett; D.B. by and through his Mother and Next Friend Nekole Bennett; and A.B. by and through her Mother and Next Friend Nekole Bennett v. Highland Park Apartments, LLC and Sharon Sampson, Individually; Hinds Circuit Court 1st District; LC Case #: 251-10-122-CIV; Ruling Date: 09/19/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Thomas Jones a/k/a Thomas H. Jones a/k/a "Tommy" v. State of Mississippi; Tunica Circuit Court; LC Case #: CR-2011-0070; Ruling Date: 12/12/2012; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0153; Ruling Date: 03/26/2013; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

Joe O'Neal v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV13-0055-PT; Ruling Date: 04/11/2013; Ruling Judge: James Pounds; Disposition: The motion for rehearing is denied.

Cliff Hensley a/k/a Clifford W. Hensley a/k/a Clifford Hensley v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV13-014-FT; Ruling Date: 04/05/2013; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.