10/30/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-CA-01504-COA

Frankie Wade, Jr. v. Katina Wade; Forrest Chancery Court; LC Case #: 05-0710-GN-TH; Ruling Date: 08/03/2006; Ruling Judge: James Thomas, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Forrest 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, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Tyree Staten a/k/a Tryee W. Staten a/k/a Tyree Wyshawn Staten v. State of Mississippi; Clarke Circuit Court; LC Case #: 2005-93(B); Ruling Date: 04/13/2006; Ruling Judge: Robert Bailey; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Clarke County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Clarke County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., not participating.

Robert S. Scruggs a/k/a Robert Samuel Scruggs a/k/a Tac Hammer v. Joe Caldwell, Circuit Clerk of the Circuit Court of Alcorn County; Alcorn Chancery Court; LC Case #: 2006-0203-02-S; Ruling Date: 10/18/2006; Ruling Judge: Rodney Shands; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Alcorn County is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Michael F. Palmer v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-300; Ruling Date: 05/23/2005; Ruling Judge: W. Hines; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of Count II attempted sexual battery with a sentence of thirty years and counts III and IV fondling with sentences of fifteen years each, with all sentences to run consecutively, all 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, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

James Barton Williams and Pamela Ann Talbot Williams v. Estate of C. E. Morrison, Deceased, by and through Jim Morrison, Executor, and Carla J. Morrison; Lowndes Chancery Court; LC Case #: 2004-1110-L; Ruling Date: 05/01/2006; Ruling Judge: Robert Lancaster; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Roberts and Carlton, JJ., concur. Griffis, J., concurs in result only. Irving, J., dissents without separate written opinion.

Tom Cerrato v. Mississippi Department of Employment Security, Office of the Governor F/K/A Mississippi Employment Security Commission; Washington Circuit Court; LC Case #: CI-2006-132; Ruling Date: 10/06/2006; Ruling Judge: Richard Smith; Majority Opinion: Ishee, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

O.C. Smith v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0427-CV; Ruling Date: 07/27/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Robert Lee Robinson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2006-041-CR2; Ruling Date: 07/28/2006; Ruling Judge: Charles Webster; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of Count I- possession of a controlled substance and sentence of thirty years and fine of $1,000,000 and $300 in crime lab fees; Count II- possession of a controlled substance and sentence of eight years and a fine of $100,000; Count III- possession of a controlled substance and sentence of three years and fine of $6,000; Count IV- possession of a controlled substance and sentence of one year and fine of $1,000; appellant charged as a second and subsequent offender on all counts and sentences shall not be reduced or suspended nor shall the appellant be eligible for parole or probation and sentence shall run concurrently to any and all sentences previously imposed all to be served in the custody of the Mississippi Department of Corrections and the aforesaid fines and lab fees shall be concurrent with the fines and lab fees imposed in Count I for a total not to exceed $1,000,000 and total lab fees not to exceed $300 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Alejandro Aquirre Moreno a/k/a Arturo Euriquez Moreno v. State of Mississippi; Lamar Circuit Court; LC Case #: 2006-318E; Ruling Date: 09/20/2006; Ruling Judge: Michael Eubanks; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lamar County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lamar County. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

Bobby Heidelberg v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2003-272-KR2; Ruling Date: 06/02/2006; Ruling Judge: Billy Landrum; Majority Opinion: King, C.J. Disposition: The judgment of the Jones County Circuit Court of conviction of felony driving under the influence and sentence of three years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

H. Ted Cain d/b/a Quest Rehab v. Brian Cain and Lakeview Nursing Center; Harrison Circuit Court 1st District; LC Case #: A-2401-98-497; Ruling Date: 09/10/2004; Ruling Judge: Kosta Vlahos; Disposition: The appellant's motion for rehearing is denied. Order entered.

Patrick DeJean v. Heywood DeJean, Christine DeJean and Hancock Bank; Jackson Chancery Court; LC Case #: 2001-1968 JB; Ruling Date: 02/07/2005; Ruling Judge: Jaye Bradley; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Chandler and Ishee, JJ., concur. Roberts, J., dissents with separate written opinion, joined by Irving, Griffis and Barnes, JJ. Carlton, J., not participating. Dissenting Opinion: Roberts, J. Votes: Irving, Griffis and Barnes, JJ., join this opinion.

Robert Riggs a/k/a Robert F. Riggs v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2006-0017CD; Ruling Date: 02/28/2006; Ruling Judge: Robert Chamberlin; Disposition: The appellant's motion for rehearing is denied. Order entered.

Kevin Wayne Ealey a/k/a Kevin Ealey v. State of Mississippi; Adams Circuit Court; LC Case #: 04-KV-0227-J; Ruling Date: 09/23/2005; Ruling Judge: Forrest Johnson, Jr.; Consolidated with 2006-KP-01349-COA Kevin Wayne Ealey a/k/a Kevin Ealey v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0276B-J; Ruling Date: 03/11/2003; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Adams County Circuit court denying post-conviction relief in Cause No. 2006-CP-00552 is affirmed. All costs of this appeal are assessed to Adams County. The appeal in Cause No. 2006-KP-1349 is dismissed. All costs of this appeal are assessed to Adams County. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only. King, C.J., dissents with separate written opinion. Dissenting Opinion: King, C.J.