11/01/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2015-KA-00948-COA

Anthony Davon Jefferson a/k/a Anthony Devon Jefferson a/k/a Anthony Jefferson a/k/a Marcus Ross a/k/a Wesley Thompson a/k/a Anthony Davis Jefferson v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0059 (C); Ruling Date: 03/15/2013; Ruling Judge: William Chapman, III; Majority Opinion: Greenlee, J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, possession with intent to sell one kilogram but less than five kilograms of marijuana, and sentence of sixty years as a habitual offender; and Count II, conspiracy to possess one kilogram but less than five kilograms of marijuana, and sentence of forty years as a habitual offender, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Barnes and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Main Street Holding Inc. v. Omsiv Inc.; Hinds Chancery Court 1st District; LC Case #: G2010-1586; Ruling Date: 04/17/2015; Ruling Judge: William Singletary; Majority Opinion: Wilson, J. Disposition: The judgment of the Hinds County Chancery Court, First Judicial District, is reversed and rendered in part and affirmed in part. All costs of this appeal are assessed equally to the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Rachel D. Thomas v. Michael J. Crews; Rankin Chancery Court; LC Case #: 07-CV-243; Ruling Date: 05/28/2015; Ruling Judge: William Barnett; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Sean McDowell and Julia McDowell v. Zion Baptist Church; Pontotoc Chancery Court; LC Case #: CV13-0364-58-H; Ruling Date: 04/13/2015; Ruling Judge: John Hatcher; Majority Opinion: Carlton, J. Disposition: The judgment of the Pontotoc County Chancery Court is affirmed. All costs of this appeal are assessed one-half to the appellants/cross-appellees and one-half to the appellee/cross-appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

Tavaris Collins a/k/a Tavaras Collins a/k/a Tavares Collins a/k/a Tavaris Franshay Collins a/k/a Tavaris F. Collins a/k/a Frog v. State of Mississippi; Clay Circuit Court; LC Case #: 12-9681; Ruling Date: 05/06/2015; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Clay County of conviction of Count I, murder, and sentence of life; and Counts II and III, possession of a weapon by a convicted felon, and sentence of ten years for each count, with all sentences to run consecutively, all in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Clay County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Casey Birkley a/k/a Casey Antonio Birkley a/k/a Casey A. Birkley v. State of Mississippi; Washington Circuit Court; LC Case #: 2014-0155 CR; Ruling Date: 05/11/2015; Ruling Judge: Richard Smith; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Fair and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Morgan David Ewing, Sr. v. Melanie Shae Ewing; DeSoto Chancery Court; LC Case #: 12-CV-114; Ruling Date: 03/13/2015; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: Lee, C.J., Barnes, Ishee, Fair, Wilson and Greenlee, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Result Only Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

James Allen Swaim a/k/a James A. Swaim a/k/a James Swaim v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2015-00104; Ruling Date: 08/21/2015; Ruling Judge: Christopher Schmidt; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Harrison County Circuit Court, Second Judicial District, denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

James Kenard Parish a/k/a James Kinard Parish a/k/a James Kinard Parich a/k/a James Kine Parish v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 24CI1:14-CV-00330; Ruling Date: 08/18/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Jered L. Gibbs v. Porterville Water Association Board of Directors; Kemper Circuit Court; LC Case #: 2014-CV-130 (W); Ruling Date: 05/14/2015; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Kemper County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Fair and Greenlee, JJ., Concur. Carlton, J., Specially Concurs With Separate Written Opinion, Joined by Fair, J. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion. Specially Concurring Opinion: Carlton, J. Votes: Fair, J., Joins This Opinion.

Bryce B. Heisser a/k/a Bryce Brandon Heisser a/k/a Bryce Heisser a/k/a Brice Brandon Heisser v. State of Mississippi; Rankin Circuit Court; LC Case #: 17,353; Ruling Date: 11/01/2006; Ruling Judge: Samac Richardson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of Count I, armed robbery, and sentence of life; Count II, aggravated assault, and sentence of twenty years; and Count III, burglary of a dwelling, and sentence of twenty-five years, with the sentences to run consecutively, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Public Employees' Retirement System v. Kristie James; Hinds Circuit Court 1st District; LC Case #: 251-09-975; Ruling Date: 08/18/2015; Ruling Judge: Winston Kidd; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., not participating.

Carl Lee Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2012-473; Ruling Date: 02/20/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Nalonnie Moore Osborne v. Leslie Osborne; Jackson Chancery Court; LC Case #: 2012-1727-CB; Ruling Date: 10/09/2014; Ruling Judge: G. Bordis, IV; Disposition: The motion for rehearing is denied.

Kenneth D. McDuff, Jr. v. Teresa B. McDuff; Wilkinson Chancery Court; LC Case #: 2013-0156; Ruling Date: 07/02/2014; Ruling Judge: George Ward; Majority Opinion: Wilson, J. Disposition: The judgment of the Wilkinson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Barnes, Carlton and Greenlee, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Ishee, J., Dissents With Separate Written Opinion, Joined by Lee, C.J., Irving, P.J., Fair and James, JJ. Dissenting Opinion: Ishee, J. Votes: Lee, C.J., Irving, P.J., Fair and James, JJ., Join This Opinion.

Jerry Bowen and Cheryl Bowen v. Amory HMA, LLC d/b/a Gilmore Memorial Regional Medical Center and Patrick Anderson Murphree, M.D.; Monroe Circuit Court; LC Case #: CV2010-252-PM; Ruling Date: 01/13/2015; Ruling Judge: James Pounds; Disposition: The motion for rehearing is denied. James, J., would grant.

Marvin Rerockus Demond Carver a/k/a Marvin Rerocukus Demond Carver a/k/a Marvin Carver a/k/a Marvin Rerockus Carver a/k/a Marvin R. Carver a/k/a "Foot" v. State of Mississippi; Madison Circuit Court; LC Case #: 20120497C/I; Ruling Date: 06/18/2013; Ruling Judge: William Chapman, III; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of possession of more than thirty grams but less than 250 grams of marijuana, and sentence as a habitual offender and subsequent drug offender of six 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 Madison County. Votes: Lee, C.J., Griffis, P.J., Carlton and Greenlee, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Barnes, Ishee, Fair and Wilson, JJ. Dissenting Opinion: Irving, P.J. Votes: Barnes, Ishee, Fair and Wilson, JJ., Join This Opinion.

Jason Bozeman a/k/a Jason Bozman v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0055; Ruling Date: 03/24/2015; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied.