11/04/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2013-CA-01378-COA

Abdullah Qasem Alsahquni a/k/a Mike a/k/a Abdullah Alsahquni a/k/a Abdullah Alsahqani a/k/a Abdullah Alsaquani v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0573-CVH; Ruling Date: 07/18/2013; Ruling Judge: Lee Howard; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Oktibbeha County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Kenneth Blake Watkins a/k/a Kenneth B. Watkins v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-177RCD; Ruling Date: 05/16/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Maxwell, J. Disposition: The judgment of the DeSoto County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Quincy Fox a/k/a Quincy Montray Fox v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 414-12; Ruling Date: 08/08/2013; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of one count of armed carjacking, two counts of kidnapping, and one count of armed robbery and sentence as a habitual offender of life imprisonment on each count, with all sentences to run concurrently to one another and consecutively to previously imposed sentences, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Kevin Warren v. State of Mississippi; Rankin Circuit Court; LC Case #: 2013-265-E; Ruling Date: 11/12/2013; Ruling Judge: John Emfinger; Majority Opinion: Roberts, J. Disposition: The judgment of the Rankin County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Betty W. Thomas v. Mississippi Department of Employment Security; Bolivar Circuit Court 2nd District; LC Case #: 2013-0078; Ruling Date: 01/24/2014; Ruling Judge: Albert Smith, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Bolivar County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Michael Jackson v. Rosie Jackson; Monroe Chancery Court; LC Case #: 2009-0406-48-L; Ruling Date: 02/26/2013; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Ishee, J. Disposition: The judgment of the Monroe County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Barnes and Fair, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Christopher McNulty a/k/a "Big Hurt" a/k/a Christopher L. McNulty v. State of Mississippi; Lincoln Circuit Court; LC Case #: 09-20-LS; Ruling Date: 06/11/2012; Ruling Judge: David Strong, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of the unlawful sale of at least one-tenth but less than two grams of cocaine and sentence as a habitual offender of thirty years in the custody of the Mississippi Department of Corrections, and to pay a $25,000 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Zelma Johnson v. Mississippi Department of Employment Security; Washington Circuit Court; LC Case #: 2013-0024CI; Ruling Date: 05/20/2013; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County is reversed, and this case is remanded to the Mississippi Department of Employment Security. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Carl Anthony Houston, Jr. a/k/a Carl Anthony Houston v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CR-103-LE-C; Ruling Date: 09/12/2012; Ruling Judge: Vernon Cotten; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Leake County Circuit Court of conviction of possession of contraband in a correctional facility and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with five years suspended, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Bennie Gunn a/k/a Bennie Lee Gunn v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-486 WAG; Ruling Date: 12/18/2012; Ruling Judge: William Gowan, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of count IV, capital murder, and sentence of life without parole; counts V and VII, felon in possession of a firearm, and sentence of ten years for each count; counts VI and VIII, armed robbery, and sentence of thirty-five years for each count; and counts IX and X, aggravated assault, and sentence of thirty years for each count, with all sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Brandon L. Holcomb v. Megan H. Holcomb; Prentiss Chancery Court; LC Case #: 2012-391(59)L; Ruling Date: 04/25/2013; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Irving, P.J. Disposition: The judgment of the Prentiss County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Anthony Miles Fortenberry a/k/a Anthony Fortenberry a/k/a Anthony M. Fortenberry v. State of Mississippi; Rankin Circuit Court; LC Case #: 2012-204C; Ruling Date: 05/08/2013; Ruling Judge: William Chapman, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Rankin County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kyle Millie Platt a/k/a Kyle M. Platt a/k/a Kyle Mille Platt a/k/a Kyle Platt a/k/a Kyle Mille' Platt v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2012-0246 E; Ruling Date: 05/16/2013; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Madison County of conviction of driving under the influence, first offense, and sentence of forty-eight hours, with forty-eight hours suspended, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Molly M. Brown a/k/a Molly Brown v. State of Mississippi; Neshoba Circuit Court; LC Case #: 13-CR-0036-NS-G; Ruling Date: 03/14/2013; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, P.J. Disposition: The judgment of the Neshoba County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J. Dissenting Opinion: Carlton, J. Votes: Griffis, P.J., Joins This Opinion.

Wendell Duncan a/k/a Wendell Avery Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0086; Ruling Date: 07/09/2013; Ruling Judge: W. Hines; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Washington County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Robert Dewayne Barnes a/k/a Robert Barnes a/k/a Robert D. Barnes v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,257(3); Ruling Date: 09/24/2013; Ruling Judge: Robert Krebs; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Roberts and Maxwell, JJ., Concur in Part and in the Result.

In the Matter of the Estate of Louis S. Pannagl, Jr., Deceased: Louis Curt Pannagl and Sammi Paula Pannagl Spence v. David Lambert and Mark Holmes; Pike Chancery Court; LC Case #: 2011-0475; Ruling Date: 06/24/2013; Ruling Judge: Debbra Halford; Majority Opinion: Lee, C.J. Disposition: The judgment of the Pike 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 appellees. Votes: Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Not Participating.

Bobby Settlemires v. Capital City Insurance Company; LC Case #: 08 09446-K-2855; Ruling Date: 08/19/2013; Majority Opinion: Lee, C.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Sandra F. Hanson v. Dolgencorp, Inc., a Self-Insurer; LC Case #: 1103835-K-7884; Ruling Date: 02/21/2014; Majority Opinion: Lee, C.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Katerina Galanis and Christina Galanis v. CMA Management Company Formerly d/b/a Ambling Management Company, Ambling Management Company, LLC, Formerly d/b/a AMC Acquisitions, LLC, Ambling Management Companies, Inc. and Alta MSU, LLC; Oktibbeha Circuit Court; LC Case #: 2009-0132-CV; Ruling Date: 09/28/2012; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Oktibbeha County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton and Fair, JJ., Concur. Griffis, P.J., Dissents With Separate Written Opinion, Joined by Maxwell and James, JJ.; Ishee, J., Joins In Part. Maxwell, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J.; James, J., Joins In Part. James, J., Dissents Without Separate Written Opinion. Barnes, J., Not Participating. Dissenting Opinion: Griffis, P.J. Votes: Maxwell and James, JJ., Join This Opinion. Ishee, J., Joins This Opinion in Part. Dissenting Opinion: Maxwell, J. Votes: Griffis, P.J., Joins This Opinion. James, J., Joins This Opinion in Part.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-91-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes, Ishee and James, JJ., would grant.

Michael Deon Taylor a/k/a Michael D. Taylor a/k/a Michael Taylor v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0007; Ruling Date: 09/21/2012; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Irving, P.J., and James, J., would grant.

James Martin Busby v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-12-594; Ruling Date: 03/07/2013; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied.

Milton Trotter v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-047(B); Ruling Date: 02/27/2013; Ruling Judge: Robert Bailey; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lauderdale County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Dissents With Separate Written Opinion. Dissenting Opinion: James, J.

Daniel Wayne Byers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-12-146; Ruling Date: 02/07/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied.