10/30/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Tindell, Sean J., J.
X  2017-CA-01309-COA

Donald E. Booker and Nerissa Booker v. C.V. Glennis and Livia Sue Glennis; Pike Chancery Court; LC Case #: 57CH1:09-cv-00532-DKH; Ruling Date: 07/05/2016; Ruling Judge: Debbra Halford; Majority Opinion: Tindell, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Greenlee and Westbrooks, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.

Steven Vincent Anderson a/k/a Steven V. Anderson a/k/a Steven Anderson v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2015-045-KR1; Ruling Date: 08/19/2016; Ruling Judge: Dal Williamson; Majority Opinion: Greenlee, J. Disposition: Affirmed. Jones County taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Fair, Wilson, Westbrooks and Tindell, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Christopher Johnson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2016-0041-CR2; Ruling Date: 05/08/2017; Ruling Judge: Albert Smith, III; Majority Opinion: Greenlee, J. Disposition: Affirmed. Bolivar County taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes and Carlton, JJ., Concur. Tindell, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Fair, Wilson and Westbrooks, JJ. Concurring in Part and Dissenting in Part Opinion: Tindell, J. Votes: Fair, Wilson and Westbrooks, JJ., Join This Opinion.

Chad Hamilton Magee v. State of Mississippi; Rankin Circuit Court; LC Case #: 61CI1:17-cv-00218-ssr; Ruling Date: 01/03/2018; Ruling Judge: Steve Ratcliff, III; Majority Opinion: Wilson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Greenlee, Westbrooks and Tindell, JJ., Concur.

Lamar D. Bond v. Lee N. Bond and Jennifer M. Bond; Jackson Chancery Court; LC Case #: 2014-2594-MLF; Ruling Date: 03/31/2017; Ruling Judge: Michael Fondren; Majority Opinion: Fair, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lee, C.J., Griffis, P.J., Barnes, Carlton, Wilson, Greenlee, Westbrooks and Tindell, JJ., Concur. Irving, P.J., Not Participating.

Christopher Toliver a/k/a Donte Hall a/k/a Dante Hall v. State of Mississippi; Copiah Circuit Court; LC Case #: 2017-0085-CRA; Ruling Date: 08/03/2017; Ruling Judge: Lamar Pickard; Majority Opinion: Carlton, J. Disposition: Affirmed. Copiah County taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Fair, Wilson, Greenlee and Westbrooks, JJ., Concur. Tindell, J., Concurs in Result Only Without Separate Written Opinion.

Antwone Marquis Haley v. State of Mississippi; Copiah Circuit Court; LC Case #: 2017-0378; Ruling Date: 12/22/2017; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, C.J. Disposition: Affirmed. Copiah County taxed with costs of appeal. Votes: Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Wilson, Greenlee, Westbrooks and Tindell, JJ., Concur.

Nicholas D. Brown a/k/a Nicholas Brown a/k/a Nicolas Brown v. State of Mississippi; Simpson Circuit Court; LC Case #: 2015-291K; Ruling Date: 10/31/2016; Ruling Judge: Eddie Bowen; Disposition: Nicholas Brown's pro se motion for rehearing and motion to dismiss charges are denied in part and dismissed as moot in part. Brown's pro se motion to have records transcribed is denied. Order entered. See opinion rendered.

Nicholas D. Brown a/k/a Nicholas Brown a/k/a Nicolas Brown v. State of Mississippi; Simpson Circuit Court; LC Case #: 2015-291K; Ruling Date: 10/31/2016; Ruling Judge: Eddie Bowen; Majority Opinion: Westbrooks, J. Disposition: The motion for rehearing is denied in part and dismissed as moot in part. The previous opinion of this Court is withdrawn, and this opinion is substituted in its place. Affirmed. Simpson County taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Wilson, Greenlee and Tindell, JJ., Concur.

Derrick Nelson a/k/a Derrick Demetrius Nelson v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2013-0275-CR1K; Ruling Date: 05/19/2016; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Fair, J. Disposition: Reversed and Remanded. Lowndes County taxed with costs of appeal. Votes: Lee, C.J., Barnes, Carlton, Greenlee, Westbrooks and Tindell, JJ., Concur. Wilson, J., Dissents With Separate Written Opinion, Joined by Irving and Griffis, P.JJ. Dissenting Opinion: Wilson, J. Votes: Irving and Griffis, P.JJ., Join This Opinion.

Reginald Desmond Wallace a/k/a Reginald Wallace v. State of Mississippi; Madison Circuit Court; LC Case #: 2014-0095 C; Ruling Date: 10/31/2016; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes and Westbrooks, JJ., would grant.

Charles Irvin Bruton Jr. v. Allison Hipwell Bruton; Lamar Chancery Court; LC Case #: 2012-CV-0224-GN-DO; Ruling Date: 12/30/2016; Ruling Judge: M. Doleac; Majority Opinion: Tindell, J. Disposition: Affirmed in Part; Reversed and Rendered in Part; and Vacated in Part. Appellant and appellee taxed with costs of appeal. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Fair and Wilson, JJ., Concur. Westbrooks, J., Concurs in Part and in the Result With Separate Written Opinion, Joined In Part by Fair and Tindell, JJ. Barnes, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Greenlee, J. Greenlee, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Concurring in Part and in Result Opinion: Westbrooks, J. Votes: Fair and Tindell, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: Greenlee, J., Joins This Opinion.

Camara Johnson v. State of Mississippi; Washington Circuit Court; LC Case #: 2015-0009; Ruling Date: 01/30/2017; Ruling Judge: Carol White-Richard; Disposition: On the Court's own motion, the mandate is recalled, and the appellant's pro se motion for rehearing shall be accepted as timely. Order entered.

Christopher Wise a/k/a Christopher Dontarius Wise a/k/a Christopher D. Wise v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 15-0-641-00 JAW; Ruling Date: 03/14/2017; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied.

Armond Rakeem Lewis a/k/a Armond Lewis a/k/a Armond Raheem Lewis v. State of Mississippi; Jackson Circuit Court; LC Case #: CV2016-00,182 (3); Ruling Date: 05/03/2017; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied.

Antonio Hall a/k/a Antonio Kentrell Hall v. State of Mississippi; Tate Circuit Court; LC Case #: CR2015-65GC(T); Ruling Date: 08/08/2017; Ruling Judge: Gerald Chatham, Sr.; Disposition: The State's motion to dismiss this appeal or sanction counsel for the appellant is granted in part. Within thirty days from the entry of this order, Wanda X. Abioto shall pay the Mississippi Clerk of Appellate Courts $100 in sanctions for intentionally filing an unfinished opening brief and then failing to timely file a corrected brief. The State's briefing period shall be reset upon the entry of this order. All other requests in the State's motion are denied. The appellant's motion to accept counsel's last untimely August 9, 2018 opening brief is granted. Order entered.

Judy Houston a/k/a Judy Lane Houston v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2017-43 JMP2; Ruling Date: 11/21/2017; Ruling Judge: James McClure, III; Disposition: On the Court's own motion, this appeal is dismissed as untimely. All costs of this appeal are assessed to the appellant. Order entered.

Julius Crawford v. State of Mississippi; Washington Circuit Court; LC Case #: 2018-0048; Ruling Date: 06/13/2018; Ruling Judge: Richard Smith; Disposition: This appeal shall be allowed to proceed without prejudice to the State's ability to attempt to rebut the presumption of timeliness. Order entered.

Cal Douglas Fulwiler II v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-10-4; Ruling Date: 09/11/2018; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The appellant's motion to abate is denied, and this appeal is dismissed for lack of an appealable judgment. All costs of this appeal, if any, are assessed to the appellant. Order entered.