10/29/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-CC-00698-COA

Woodland Village Nursing Center, LLC v. Mississippi Department of Employment Security and Kelsey Nobach; Hancock Circuit Court; LC Case #: 10-0490; Ruling Date: 12/27/2011; Ruling Judge: Roger Clark; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Result Only Without Separate Written Opinion. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Anthony Carothers a/k/a Anthony Carrothers a/k/a Anthony Carruthers a/k/a AMP v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK11-217; Ruling Date: 11/04/2011; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The judgment of the Lafayette County Circuit Court is reversed, and this case is remanded for a new trial. All costs of this appeal are assessed to Lafayette County. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton and Maxwell, JJ., Dissent Without Separate Written Opinion.

Anthony Darrell Thomas a/k/a Anthony Thomas a/k/a Anthony Darell Thomas v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-04-164; Ruling Date: 09/10/2008; Ruling Judge: Roger Clark; Consolidated with 2008-KA-01636-COA Anthony Darrell Thomas v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-04-164; Ruling Date: 09/10/2008; Ruling Judge: Roger Clark; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of depraved-heart murder and sentence of life 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., Barnes, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Michael Wayne Dees a/k/a Wayne Dees a/k/a Michael Dewayne Dees a/k/a Michael W. Dees v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-794RCD; Ruling Date: 03/30/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of possession of a controlled substance and sentence as a habitual offender of eight years in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Charles Richard Ferguson a/k/a Charles R. Ferguson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00080(3); Ruling Date: 04/27/2012; Ruling Judge: Dale Harkey; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court denying the petition for post-conviction relief 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, Fair and James, JJ., Concur.

Thomas Earl Ellis a/k/a Thomas Ellis a/k/a Thomas E. Ellis a/k/a Thomas Ellis McCoy v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-504-02 TTG; Ruling Date: 10/13/2011; Ruling Judge: Tomie Green; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of sexual battery and gratification of lust and sentences as a habitual offender of thirty years and fifteen years, respectively, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Richard Chapman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-685; Ruling Date: 12/05/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Margaret Moeller v. Mississippi Department of Human Services and Mississippi State Agencies Workers' Compensation Trust Fund; Mississippi Workers' Compensation Commission 1st District; LC Case #: 00 04478-H-4082; Ruling Date: 05/17/2012; Majority Opinion: Griffis, P.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, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James Lee Mack, Jr. a/k/a James Lee Mack a/k/a James Mack v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-671; Ruling Date: 05/19/2011; Ruling Judge: Winston Kidd; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, capital murder, and sentence of life; and Count II, arson, and sentence of twenty years, 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, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

John Beasley a/k/a John Harrison Beasley v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk-03-007-JC; Ruling Date: 03/16/2012; Ruling Judge: John Gregory; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lafayette 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., Griffis, P.J., Ishee, Roberts, Carlton and James, JJ., Concur. Barnes and Maxwell, JJ., Concur in Part and in the Result. Fair, J., Not Participating.

Jose Ortando Andino a/k/a Jose Ortando Adino a/k/a Jose O. Andino a/k/a Jose Andino a/k/a Jose Adino v. State of Mississippi; Tunica Circuit Court; LC Case #: CR 2011-0081; Ruling Date: 04/20/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Tunica County Circuit Court of conviction of felony driving under the influence causing death 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., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Dexter Rhodes a/k/a Dexter Maurice Rhodes v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-307; Ruling Date: 12/02/2005; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, C.J. Disposition: The judgment of the Washington County Circuit Court of conviction of conspiracy to commit armed robbery and sentence of five years, with two and one-half years to serve and two and one-half years suspended on the condition the appellant completes two and one-half years of supervised probation, all in the custody of the Mississippi Department of Corrections and to pay $500 to the Mississippi Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Washington County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kizzetta Nicole McClendon a/k/a Kizzetta N. McClendon a/k/a Kizzetta McClendon v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CR-128-LE-G; Ruling Date: 09/06/2011; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied.

Julius Wesley Kiker a/k/a Julius W. Kiker a/k/a Julius Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2003-10,010; Ruling Date: 01/20/2012; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied.

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00,286(3); Ruling Date: 01/05/2012; Ruling Judge: Dale Harkey; Consolidated with 2012-CP-00926-COA Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,042(3); Ruling Date: 05/25/2012; Ruling Judge: Robert Krebs; Majority Opinion: Roberts, J. Disposition: The judgment of the Jackson County Circuit Court dismissing post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Lee, C.J., Dissents With Separate Written Opinion, Joined In Part by Barnes and James, JJ. Dissenting Opinion: Lee, C.J. Votes: Barnes and James, JJ., Join This Opinion in Part.

Michael Kelly a/k/a Antonio Newton a/k/a Cortez Johnson v. State of Mississippi; Rankin Circuit Court; LC Case #: 22633; Ruling Date: 11/18/2011; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Donna Duncan and Husband, Dalton Duncan v. Forrest General Hospital; Forrest Circuit Court; LC Case #: C103-0091; Ruling Date: 01/10/2012; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. James, J., not participating.

Joe H. Cotton a/k/a Joe Cotton a/k/a Joe Henry Cotton v. State of Mississippi; Tunica Circuit Court; LC Case #: 2011- 0050; Ruling Date: 04/11/2012; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Irving and Griffis, P.JJ., and James, J., would grant.

Donald Foster Estes a/k/a Donald Estes a/k/a Donald F. Estes a/k/a Donald Foster Estes Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-103RCD; Ruling Date: 05/08/2012; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.

Ottis J. Cummings, Jr. a/k/a Ottis Junior Cummings a/k/a Otis Cummings a/k/a Ottis J. Commings a/k/a Otis J. Cummings v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2012-028-CV-L; Ruling Date: 06/14/2012; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied.