11/03/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-KA-00970-COA

Javoras Moten v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-014-LE; Ruling Date: 05/07/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Leake County Circuit Court of conviction of simple assault of an employee of a private correctional facility and sentence of four and one-half years in the custody of the Mississippi Department of Corrections, with the sentence to run consecutively to any prior sentence the defendant is serving, is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Cedric Catchings v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-856; Ruling Date: 05/21/2008; Ruling Judge: Winston Kidd; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result.

David Martin Robert v. State of Mississippi; Kemper Circuit Court; LC Case #: 2004-CV-122-R; Ruling Date: 10/24/2006; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Kemper County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Carlton and Maxwell, JJ., concur. Irving, J., concurs in result only. Roberts, J., not participating.

Wanda Johnson v. Ira Johnson, Jr.; Washington Chancery Court; LC Case #: 06-000920; Ruling Date: 11/20/2007; Ruling Judge: Jane Weathersby; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery 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 the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Barbara Rigdon v. Mississippi Farm Bureau Federation, Lauderdale County Farm Bureau (A.A.L.), Rural Insurance Agency, Inc., Southern Farm Bureau Life Insurance Company, Southern Farm Bureau Casualty Company, Mississippi Farm Bureau Casualty Insurance Company and Tommy Allen; Hinds Circuit Court 2nd District; LC Case #: 252-07-9; Ruling Date: 02/12/2008; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CA-00780-COA Barbara Rigdon v. Mississippi Farm Bureau Federation, Lauderdale County Farm Bureau (A.A.L.), Rural Insurance Agency, Inc., Southern Farm Bureau Life Insurance Company, Southern Farm Bureau Casualty Company, Mississippi Farm Bureau Casualty Insurance Company and Tommy Allen; Hinds Circuit Court 2nd District; LC Case #: 252-07-27; Ruling Date: 02/12/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Barnes, J. Disposition: The appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Ishee, Roberts and Carlton, JJ., concur. Griffis and Maxwell, JJ., not participating.

Christopher Wade Elliott v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-0260; Ruling Date: 03/24/2008; Ruling Judge: R. Prichard, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Marion County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., specially concurs with separate written opinion joined by Lee, P.J., and Griffis, J. Specially Concurring Opinion: Roberts, J. Votes: Lee, P.J., and Griffis, J., join this opinion.

Aaron Craig Melton v. Lawrence County Sheriff's Department; Lawrence Circuit Court; LC Case #: 2007-086H; Ruling Date: 08/29/2008; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Joseph Davis, Jr. v. Biloxi Public School District; Biloxi Public School Board, Board of Trustees, and Dr. Paul A.Tisdale, Superintendent; Biloxi Public School District, Dr. Robert W. Bowles, Deputy Superintendent; Biloxi Public School District, Pattie Golden, (Past School Board Attorney); Biloxi Public School District, Dr. Larry Drawdy, (Past Superintendent); Biloxi School District, Gerald Blessey, (Past Biloxi Public School Board Attorney); Biloxi Public School District, David Blaine, (Past Vice President/President); Biloxi Public School District, Mayor A. J. Holloway, City of Biloxi; Jude McDonnell, (Past Comptroller/Director of Businesss Management) Biloxi Public School District; Bonnie Granger, Comptroller, and Shane Switzer, Comptroller, Biloxi Public School District; Richard F. Stewart, (Past President) Biloxi Public School Board; Andrea Petro, (Past Principal Popps Ferry Elementary School) Principal, Lopez Elementary School, Biloxi Public School District; Dr. Janice Wilson, (Past Assistant Principal) Popps Ferry Elementary School; Susan Brand, Principal, Beauvoir Elementary School and Biloxi Public School District, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-07-00036; Ruling Date: 11/15/2007; Ruling Judge: Roger Clark; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Scott M. Tanner v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,857(2); Ruling Date: 07/28/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections, with fourteen years to serve and six years of post-release supervision, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Ronnie Mitchener v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0111-CV1; Ruling Date: 06/20/2008; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lowndes County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jerome Whitaker v. State of Mississippi; Marshall Circuit Court; LC Case #: CR07-023; Ruling Date: 03/14/2008; Ruling Judge: Andrew Howorth; Majority Opinion: King, C.J. Disposition: The judgment of the Marshall County Circuit Court denying the motion for post-conviction relief is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to Marshall County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Rodger Dale Jordan v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV07-137(A); Ruling Date: 05/12/2008; Ruling Judge: Thomas Gardner, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Pontotoc County denying the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Demarious Latwan Banyard a/k/a Lil Murray a/k/a Mur-Mur v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-460; Ruling Date: 08/07/2006; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. King, C.J., Irving and Barnes, JJ., would grant. Maxwell, J., not participating. Order entered.

Jim Earl Aron v. Ham Management & Development Co. LLC; Lafayette Chancery Court; LC Case #: 2004-346A; Ruling Date: 05/23/2007; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing is denied. Order entered.

Robert McKinney v. State of Mississippi; Quitman Circuit Court; LC Case #: 2006-0012; Ruling Date: 09/26/2007; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Cecil Byron Smith v. Aurora Miceli Smith; Lamar Chancery Court; LC Case #: 2006-0302-GN-F; Ruling Date: 07/30/2007; Ruling Judge: Eugene Fair, Jr.; Disposition: The motion for rehearing is denied. King, C.J., Irving and Roberts, JJ., would grant. Maxwell, J., not participating. Order entered.

Kendrick Darnell Conner a/k/a Rudy Talley v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0449-CR1; Ruling Date: 05/24/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Kenneth L. Williams a/k/a Kenny Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 2006-137-CR; Ruling Date: 02/05/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Joe Lee Brunner v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-489(1,2,3,& 4); Ruling Date: 06/28/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlton, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, house burglary, and sentence of fifty years; Count II, aggravated assault, and sentence of forty years; Count III, armed robbery, and sentence of eighty years; and Count IV, auto theft, and sentence of ten years, with all sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., dissents without separate written opinion. Maxwell, J., not participating.

John Edward Johnson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,118(1); Ruling Date: 03/06/2008; Ruling Judge: Robert Krebs; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of depraved-heart murder is reversed, and this case is remanded for re-sentencing on the lesser-included offense of manslaughter in accordance with this opinion. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Griffis, Barnes, Ishee and Maxwell, JJ., concur. Lee, P.J., dissents with separate written opinion joined by Myers, P.J., Irving and Carlton, JJ. Dissenting Opinion: Lee, P.J. Votes: Myers, P.J., Irving and Carlton, JJ., join this opinion.