11/05/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
XX  2012-CA-00737-COA

Shain C. Speights v. Dana Woods Speights; Lawrence Chancery Court; LC Case #: 2010-0066-1; Ruling Date: 04/05/2012; Ruling Judge: David Shoemake; Majority Opinion: James, J. Disposition: The judgment of the Lawrence County Chancery Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Maxwell, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Fair, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Phillip W. Williams v. Gail H. Williams; Tishomingo Chancery Court; LC Case #: CV2009-000345-71-M; Ruling Date: 11/18/2011; Ruling Judge: Jacqueline Mask; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Tishomingo 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 and Maxwell, JJ., Concur. Roberts and James, JJ., Not Participating.

Leon Hayes a/k/a Leon Hays a/k/a Leon Slander Hayes, Jason Davis and April Garner v. State of Mississippi; Lawrence Circuit Court; LC Case #: K2009-011H; Ruling Date: 01/23/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Fair, J. Disposition: Davis: The judgment of the Circuit Court of Lawrence County of conviction of Count 1, conspiracy, Count 3, aggravated assault, Count 4, aggravated assault, and Count 5, aggravated assault, and sentence on each count of twenty years in the custody of the Mississippi Department of Corrections, with five years suspended and five years of post-release supervision, with the sentences in Counts 3, 4, and 5 to run concurrently to one another but consecutively to the sentence in Count 1, and a $1,000 fine, is affirmed. Hayes: The judgment of the Circuit Court of Lawrence County of conviction of Count 1, conspiracy, and Count 4, aggravated assault, and sentence on each count of twenty years in the custody of the Mississippi Department of Corrections, with five years suspended and five years of post-release supervision, with the sentences to run consecutively, and a $1,000 fine, is affirmed. Garner: The judgment of the Circuit Court of Lawrence County of conviction of conspiracy and sentence of twenty years in the custody of the Mississippi Department of Corrections, with five years suspended and five years of post-release supervision, and a $1,000 fine, is affirmed. All costs of this appeal are assessed to Lawrence County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Perry Jackson v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-218; Ruling Date: 01/28/2012; Ruling Judge: W. Hines; Majority Opinion: Fair, J. Disposition: The judgment of the Washington County Circuit Court of conviction of two counts of capital murder and sentence on each count of life without eligibility for parole, and conviction of aggravated assault and sentence of twenty years plus a five-year sentence enhancement, 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 Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

In the Matter of the Heirship of Albert Gardner: Kashonna Young, Linda White, Michael Bowman, Gwindle Aryeetay, Alvo Daniels, Melvin Henderson, Albert Henderson and Michael Moore v. Arillia Pollion, The Estate of Albert Gardner, Stokes Anderson, Lucille Macklin, Janett Nadine White Reese, Lanett Marie White Stevenson, Darnett Voline, Norbert Lee White, Robert Lee White, Jr., Colnett Wendy White McGee, Gerry Lee White, Annette Sharon White Richardson, Minnette Karen White Blair, and Kerry Lee White; Yazoo Chancery Court; LC Case #: 5933; Ruling Date: 02/28/2012; Ruling Judge: Janace Goree; Majority Opinion: Fair, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Coby O. Cook a/k/a Colby O. Cook a/k/a Coby Cook v. State of Mississippi; Webster Circuit Court; LC Case #: 2012-0062-CV-L; Ruling Date: 08/03/2012; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Webster County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Webster County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Robert Marquez Williams a/k/a Robert Williams a/k/a Robert Maequez Williams a/k/a Robert Markez Williams v. State of Mississippi; Madison Circuit Court; LC Case #: 2011-0293-E; Ruling Date: 10/25/2011; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court of conviction of felony evasion and sentence of five years in the custody of the Mississippi Department of Corrections and to pay a fine of $5,000, with $4,000 suspended, is affirmed. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes, J., Concurs in Result Only Without Separate Written Opinion.

Patrick Ducksworth a/k/a Patrick D. Ducksworth v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-93-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jones County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Damion Deandre Stokes a/k/a Damion D. Stokes a/k/a Damion Stokes v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR 2011-70-JM(P1); Ruling Date: 09/20/2011; Ruling Judge: James McClure, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Panola County Circuit Court of conviction of conspiracy to commit murder and sentence of ten years in the custody of the Mississippi Department of Corrections, followed by ten years' post-release supervision, and to pay a fine of $1000 and $100 to the Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

James Odell McLamb a/k/a James Earl, Jr., a/k/a James O. McLamb v. State of Mississippi; Coahoma Circuit Court; LC Case #: 1981-6205; Ruling Date: 06/21/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Coahoma County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Larry Smith a/k/a Larry D. Smith v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0023-CI; Ruling Date: 04/11/2012; Ruling Judge: W. Hines; Majority Opinion: Maxwell, J. Disposition: The judgment of the Washington County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc. and Capital Security Services, Inc.; Jackson Circuit Court; LC Case #: 2010-00177(1); Ruling Date: 06/27/2011; Ruling Judge: Robert Krebs; Consolidated with 2011-CA-01033-COA Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc., Capital Security Services, Inc., Mallette Brothers Construction, Inc. and Mississippi Transportation Commission a/k/a Mississippi Department of Transportation; Jackson Circuit Court; LC Case #: 2008-00,140(2); Ruling Date: 06/27/2011; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Maxwell, J. not participating.

In The Matter of the Estate of Kenneth Lee Drake, Deceased: Benjamin Lee Drake v. Bennie Larry Drake; Rankin Chancery Court; LC Case #: 67,148; Ruling Date: 09/27/2011; Ruling Judge: John Grant, III; Disposition: The motion for rehearing is denied.

Isle of Capri Casino, Inc. and Riverboat Corporation of Mississippi-Vicksburg v. Silver Land, Inc.; Adams Circuit Court; LC Case #: 09-KV-0016; Ruling Date: 09/22/2011; Ruling Judge: Lillie Sanders; Disposition: The motion for rehearing is denied. Lee, C.J., Irving, P.J., and Carlton, J., would grant.

Lonnie Massey a/k/a Lonnie Gene Massey a/k/a Kenneth Ball v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2011-0358-JE; Ruling Date: 12/29/2011; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Da'rekus Rush a/k/a Da'rekus Deshun Rush a/k/a Da'rekus De-Shun Rush a/k/a "D" a/k/a "LiL D" a/k/a Darekus D. Rush v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-067-B; Ruling Date: 03/27/2012; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied.

Reuben Williams a/k/a Rueben Williams a/k/a Reuben K. Williams a/k/a Ruben Williams v. State of Mississippi; Leflore Circuit Court; LC Case #: 2011-0096; Ruling Date: 04/11/2012; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.

Charles Ferguson a/k/a Charles Furguson a/k/a Charles Ferguson, Jr. a/k/a C J v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0343-CRIC; Ruling Date: 02/21/2012; Ruling Judge: Lee Coleman; Disposition: The motion for rehearing is denied. James, J., would grant.

Robert Hobgood v. Mississippi Power Company, Inc.; Lauderdale Special Court of Eminent Domain; LC Case #: CA 11-996(c); Ruling Date: 02/29/2012; Ruling Judge: Franklin Coleman; Disposition: The motion for rehearing is denied.

Royer Homes of Mississippi, Inc. v. Alison Steiner, Jack G. Price and Adelman & Steiner, P.A.; Forrest Circuit Court; LC Case #: CI-04-0145; Ruling Date: 03/12/2012; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Carlton, J., would grant. James, J., not participating.

Exso Chandler a/k/a Exo Chandler, Jr. v. Mississippi Department of Corrections and Mississippi Parole Board; Sunflower Circuit Court; LC Case #: 2011-0444; Ruling Date: 03/15/2012; Ruling Judge: Betty Sanders; Disposition: The motion for rehearing is denied.

Claudia Joan Hill Renfro v. John Malcolm Renfro; Grenada Chancery Court; LC Case #: 11-01-018 PL; Ruling Date: 04/04/2012; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. James, J., not participating.