11/01/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-CA-01661-COA

Billy Pink Smith v. Sue Yielding Smith; Itawamba Chancery Court; LC Case #: 2006-0109-M; Ruling Date: 10/08/2009; Ruling Judge: Jacqueline Mask; Majority Opinion: Maxwell, J. Disposition: The judgment of the Itawamba County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee and Russell, JJ., concur. Irving, P.J., concurs in part and in the result. Carlton, J., concurs in result only. Myers and Roberts, JJ., not participating.

Johnny Ray Sims v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2007-00400H; Ruling Date: 04/02/2010; Ruling Judge: Prentiss Harrell; Majority Opinion: Carlton, J. Disposition: The judgment of the Jefferson Davis County Circuit Court of conviction of capital murder and sentence of life as a habitual offender 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 Jefferson Davis County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur.

Kelly Mann v. State of Mississippi; Leake Circuit Court; LC Case #: 10-CV-015-A-LE-G; Ruling Date: 05/19/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Leake County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur.

Frederick D. Small v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2008-836-CD; Ruling Date: 02/02/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, P.J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Kelvin McKnight v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6344; Ruling Date: 03/02/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Humphreys County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Humphreys County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., dissents without separate written opinion.

Cecil R. Ben v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-105-LE-C; Ruling Date: 05/14/2009; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied. Myers and Russell, JJ., not participating. Order entered.

Carolyn Epperson v. SouthBank; Alcorn Circuit Court; LC Case #: CV08-504PA; Ruling Date: 11/17/2009; Ruling Judge: James Pounds; Disposition: The motion for rehearing is denied. Griffis, P.J., and Roberts, J., would grant. Order entered.

Jimmy Shinn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0032-CV1; Ruling Date: 12/04/2009; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Lowndes County Circuit Court dismissing the motion for post-conviction relief is reversed, rendered, and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Griffis, P.J., Myers, Ishee, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., concurs in part and in the result. Barnes, J., concurs in result only.

Keith Spearman v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-034-CR2; Ruling Date: 01/11/2010; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Brandon Dale Odom v. State of Mississippi; Leake Circuit Court; LC Case #: 09-CR-066-LE-G; Ruling Date: 01/14/2010; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Order entered.

Michael Turner v. Jane Turner; Lee Chancery Court; LC Case #: 05-0359-41-L; Ruling Date: 12/08/2009; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lee County Chancery 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., concurs. Barnes, J., concurs in result only without separate written opinion. Russell, J., concurs in part and in the result with separate written opinion joined by Irving, P.J. Griffis, P.J., dissents with separate written opinion joined by Ishee and Carlton, JJ. Myers and Roberts, JJ., not participating. Concurring in Part and in Result Opinion: Russell, J. Votes: Irving, P.J., joins this opinion. Dissenting Opinion: Griffis, P.J. Votes: Ishee and Carlton, JJ., join this opinion.

Connie Lynn Armstead v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0279-CR; Ruling Date: 02/03/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Elius Lamar Reed v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 8209; Ruling Date: 02/02/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is dismissed. Order entered.

Fredrick Russell v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2010-117-B; Ruling Date: 05/12/2010; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Cedric Jamison v. State of Mississippi; Tunica Circuit Court; LC Case #: 2009-0059; Ruling Date: 06/22/2010; Ruling Judge: Charles Webster; Majority Opinion: Maxwell, J. Disposition: The judgment of the Tunica County Circuit Court of conviction of possession of cocaine is affirmed. The sentence of ten years, with six years to serve and four years suspended, in the custody of the Mississippi Department of Corrections, is vacated, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Tunica County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Russell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Irving, P.J., dissents without separate written opinion. Myers, J., not participating.

Lisa Sandlin v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-177(P)L; Ruling Date: 01/06/2011; Ruling Judge: James Pounds; Disposition: On the Court's own motion this appeal is dismissed without prejudice. Order entered.