11/03/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2013-KA-01946-COA

Theotus Barnett v. State of Mississippi; Attala Circuit Court; LC Case #: 13-0065-CR; Ruling Date: 10/15/2013; Ruling Judge: C. Morgan, III; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Attala County 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 Attala County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Shirley Adams, Individually and as Survivor and Only Heir of Dorothy Turner, Deceased v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Lafayette LTC, Inc., and Yalobusha General Hospital and Nursing Home; Lafayette Circuit Court; LC Case #: CVL08-343; Ruling Date: 04/04/2013; Ruling Judge: John Gregory; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Lafayette County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Griffis, P.J., and Fair, J., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion. Wilson, J., Dissents With Separate Written Opinion, Joined by Ishee and Carlton, JJ. Barnes and Maxwell, JJ., Not Participating. Dissenting Opinion: Wilson, J. Votes: Ishee and Carlton, JJ., Join This Opinion.

Natyyo Gray a/k/a Natyyo N. Gray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-202crW; Ruling Date: 02/28/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Ishee, 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 eligibility for parole or early release is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Maggie Atwood Caldwell v. Thomas Atwood; Itawamba Chancery Court; LC Case #: 2005-0097-29; Ruling Date: 05/28/2014; Ruling Judge: Robert Lancaster; Majority Opinion: Ishee, J. Disposition: The judgment of the Itawamba County Chancery Court is affirmed in part; reversed and remanded in part; and reversed and rendered in part. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Robert Bufford a/k/a Robert K. Bufford a/k/a "Lil Rob" a/k/a "Rod" v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-330; Ruling Date: 09/17/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, murder, and Count II, possession of a firearm by a convicted felon, and sentence as a habitual offender of life for Count I and ten years for Count II, with the sentences to run consecutively 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 Hinds County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Maxwell, J., Concurs in Part and in the Result.

Cindy Walls v. Franklin Corporation and Employers Insurance of Wausau; Chickasaw Circuit Court 1st District; LC Case #: H-2002-82; Ruling Date: 01/24/2013; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Wilson, J., not participating.

Vera Mae Miller Wood, Ruby Miller Barnes, Eloise Miller Worthington, Nannie Miller Moten, Mary Ann Miller, Earl Miller, Cleotha Miller, Magnolia Miller, Alberta Miller Fountain, Maggie Miller and Anderson Miller, Jr. v. Emma Miller, Carl Leon Miller, Sylvia Kay Miller, Audrey H. Kemp and Donna Michelle Smith; Yazoo Chancery Court; LC Case #: 04-0502; Ruling Date: 03/01/2013; Ruling Judge: Cynthia Brewer; Disposition: The motion for rehearing is denied. James, J., not participating.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. David Heath d/b/a Heath Aviation; Montgomery Chancery Court; LC Case #: 10-0147VC; Ruling Date: 08/14/2013; Ruling Judge: Vicki Daniels; Disposition: The motion for rehearing is denied. Carlton J., would grant.

Richard White a/k/a Toney Buck a/k/a Richard Delaine White v. State of Mississippi; Quitman Circuit Court; LC Case #: 2013-0005; Ruling Date: 10/18/2013; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Irving, P.J., and Barnes, J., would grant.

Tony Phillips v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0140 CR; Ruling Date: 12/19/2013; Ruling Judge: Betty Sanders; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Washington County of conviction of simple assault on a correctional officer and sentence of five years in the custody of the Mississippi Department of Corrections, and to pay $500 to the Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 12/11/2013; Ruling Judge: Robert Lancaster; Consolidated with 2008-M-01855-COA Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 10/28/2008; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2009-CT-01412-COA Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., and Carlton, J., would grant. Barnes, Maxwell, Fair and James, JJ., not participating.

Monroe Randle v. State of Mississippi; Clay Circuit Court; LC Case #: 2013-0157K; Ruling Date: 10/31/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Clay County Circuit Court dismissing the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All cost of this appeal are assessed to Clay County. See opinion rendered.

Monroe Randle v. State of Mississippi; Clay Circuit Court; LC Case #: 2013-0157K; Ruling Date: 10/31/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Clay County Circuit Court dismissing the motion for postconviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Clay County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Virginia Ross, on Behalf of all Beneficiaries of Scott Patrick Ross, Decedent; and The Estate of Scott Patrick Ross, by and through Virginia Thorpe Ross, Personal Representative v. Dr. Mathew C. Wallack, Individually and/or d/b/a Coastal Headache and Pain Management Center; Jackson Circuit Court; LC Case #: 2010-00,284(1); Ruling Date: 06/18/2013; Ruling Judge: Robert Krebs; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Dissents Without Separate Written Opinion.