11/01/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2004-CA-01039-COA

Mark Balius v. Melanie Gaines and Jared Evan Balius, a Minor, by and through His Next Friend, Melanie Gaines; Harrison Chancery Court 2nd District; LC Case #: C 2402-99-01310; Ruling Date: 04/30/2004; Ruling Judge: Sanford Steckler; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

William T. Chroniger v. Dawn E. Chroniger; Harrison Chancery Court 1st District; LC Case #: C2401-00-02539; Ruling Date: 11/24/2003; Ruling Judge: James Persons; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Chancery court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Arnie D. Bates v. State of Mississippi; Pike Circuit Court; LC Case #: 04-082-B; Ruling Date: 11/10/2004; Ruling Judge: Mike Smith; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Pike County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

George Freshwater v. State of Mississippi; Washington Circuit Court; LC Case #: CI-2002-145; Ruling Date: 06/10/2002; Ruling Judge: Richard Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Washington County denying post-conviction relief is affirmed. All costs of the appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Willie Mayes a/k/a Willie Clarence Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-726; Ruling Date: 03/31/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of possession of cocaine and sentence as an habitual offender to serve a term of sixteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Johnny Lee Johnson v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2000-79P; Ruling Date: 02/21/2003; Ruling Judge: R. Prichard, III; Disposition: Appellee's motion for rehearing is denied.

Audra Faye Lawrence and Robert Lawrence v. Angie Wright and Wayne Robinson, (Individually and d/b/a R & W Salvage Grocery), and Donnie B. Johnson, Individually and Severally; Tishomingo Circuit Court; LC Case #: 00-0099GT; Ruling Date: 04/14/2003; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's motion for rehearing is denied.

Gregory Elkins a/k/a Gregory Glenn Elkins v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0207-CR; Ruling Date: 11/03/2003; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied.

W. A. Coleman v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0016; Ruling Date: 02/02/2004; Ruling Judge: W. Hines; Majority Opinion: Ishee, J. Disposition: The judgment of the Leflore County Circuit Court of conviction of embezzlement and sentence of ten years in the custody of the Mississippi Department of Corrections, and payment of restitution in the amount of $2,255 is reversed and rendered. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Bridges, Irving and Barnes, JJ., concur. Dissenting Opinion: Griffis, J. Votes: Lee and Myers, P.JJ. and Chandler, J., join this opinion.

John Kenneth Senseney, Jr. and Karen Senseney v. Mississippi Power Company and John Martin; Harrison Circuit Court 1st District; LC Case #: A-2401-2001-266; Ruling Date: 01/23/2004; Ruling Judge: Kosta Vlahos; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

Samuel F. Rush v. Mary Rush, through her Guardian and Conservator, John Mayne; Hancock Chancery Court; LC Case #: 2000-740; Ruling Date: 02/20/2004; Ruling Judge: Carter Bise; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

In the Matter of Filiation of a Minor Child, M.D.B.; Jackson Chancery Court; LC Case #: 2003-2116GB; Ruling Date: 04/16/2004; Ruling Judge: Glenn Barlow; Majority Opinion: Chandler, 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 and Myers P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

Joseph Copple a/k/a Joseph N. Copple, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 03-CV-023(B); Ruling Date: 12/03/2003; Ruling Judge: Robert Bailey; Disposition: On the Court's own motion this appeal is dismissed for lack of jurisdiction. All costs of appeal are assessed to the appellant. Order entered.

John Moore a/k/a John Henry Moore v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: HK2002-20; Ruling Date: 03/22/2004; Ruling Judge: Henry Lackey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Chickasaw County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections, with twelve years suspended and three years' post-release supervision and pay $100 to the Victim's Compensation Fund, is affirmed. All costs of this appeal are assessed to Chickasaw County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

Anthony Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2004-0093RD; Ruling Date: 06/01/2004; Ruling Judge: George Ready; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Myers, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Calvin Morris Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-04-00340; Ruling Date: 09/27/2004; Ruling Judge: Robert Walker; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Harrison County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Myers, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Sarah Ratcliff v. Rainbow Casino-Vicksburg Partnership, L.P. (The Limited Partnership), United Gaming Rainbow and Alliance Gaming Corporation; Madison Circuit Court; LC Case #: 2001-0218; Ruling Date: 05/18/2004; Ruling Judge: Gray Evans; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Madison County granting summary judgment is hereby affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Gracie Showers v. Nathaniel Norwood; Simpson Chancery Court; LC Case #: 96-0029; Ruling Date: 06/07/2004; Ruling Judge: J. Buffington; Majority Opinion: Bridges, J. Disposition: The judgment of the Simpson County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Kimberly S. Heatherly v. Charles K. Heatherly; Harrison Chancery Court 1st District; LC Case #: C2401-02-01544; Ruling Date: 02/16/2004; Ruling Judge: Sanford Steckler; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Harrison County is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Mueller Copper Tube Company, Inc. and The Travelers Insurance Company v. Stanley W. Upton; Itawamba Circuit Court; LC Case #: 04-012(G)I; Ruling Date: 07/01/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Itawamba County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

Brian Wesley Creel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-00,159(1); Ruling Date: 08/02/2004; Ruling Judge: Robert Krebs; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Jackson County denying post-conviction relief is reversed and remanded. All costs of this appeal are assessed to Jackson county. Votes: King, C.J., Myers, P.J., Chandler and Barnes, JJ., concur. Dissenting Opinion: Lee, P.J. Votes: Bridges, Irving and Griffis, JJ., join this opinion. Dissenting Opinion: Irving, J.

Dwight Smith a/k/a Smokey v. State of Mississippi; Marion Circuit Court; LC Case #: 2004-0232E; Ruling Date: 08/24/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Marion County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Myers, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Marco Fashawn Bobo v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CV2004-0188BP1; Ruling Date: 01/28/2005; Ruling Judge: Andrew Baker; Majority Opinion: Lee, P.J. Disposition: The judgment of the Panola County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Myers, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.