11/06/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2005-KA-02036-COA

Keith Norcell Young v. State of Mississippi; Washington Circuit Court; LC Case #: CR-2004-042; Ruling Date: 08/12/2005; Ruling Judge: Richard Smith; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of Count I, capital murder and sentence of life; Count II, first degree arson and sentence of life; Count III, third degree arson and sentence of life as an habitual offender, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Merlean Marshall, Alphonzo Marshall and Eric Shepard, Individually and on Behalf of All Wrongful Death Beneficiaries of Lucy Shepard, Deceased v. Kansas City Southern Railways Company, Eric W. Robinson, The Estate of Robert Everett and C.L. Duett; Scott Circuit Court; LC Case #: 2004-CV-312-SC-G; Ruling Date: 01/10/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Scott County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Barnes, J., not participating.

Earl Childs, Lori Gordon, Amelia Killeen, David Wheeler and Maria Beard v. Hancock County Board of Supervisors, Paradise Properties Group, L.L.C. and Kudo Developers of Mississippi, L.L.C.; Hancock Circuit Court; LC Case #: 2005-174; Ruling Date: 03/10/2006; Ruling Judge: Stephen Simpson; Majority Opinion: Roberts, J. Disposition: The judgment of the Hancock County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Myers, P.J., Irving, Chandler and Barnes, JJ., concur. Carlton, J., dissents with separate written opinion, joined by Lee, P.J., Griffis and Ishee, JJ. Dissenting Opinion: Carlton, J. Votes: Lee, P.J., Griffis and Ishee, JJ., join this opinion.

Timothy Lee Tackett v. Kim Oliver Tackett; Monroe Chancery Court; LC Case #: 2005-303-48-L; Ruling Date: 05/17/2006; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Carlton, JJ., concur. Irving, J., specially concurs with separate written opinion, joined by Lee, P.J. and Ishee, J. Ishee, J., concurs in result only. Specially Concurring Opinion: Irving, J. Votes: Lee, P.J. and Ishee, J., join this opinion.

L. D. Foxworth v. State of Mississippi; Marion Circuit Court; LC Case #: K03-0277P; Ruling Date: 09/08/2006; Ruling Judge: R. Prichard, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Marion County Circuit Court of conviction of child molestation and sentence of fifteen years in the custody of the Mississippi Department of Corrections with twelve years to serve and three years of post-release supervision is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Irving, J., concurs in result only.

Steven Ray Shelton a/k/a Steven Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-251-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Consolidated with 2006-CP-02134-COA Steven Ray Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-252-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Rankin County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Andrea Pittman v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0598; Ruling Date: 04/13/2006; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, sale of cocaine and sentence of thirty years, fifteen years to serve, the last fifteen years suspended and five years of supervised probation; Count II, possession of cocaine and sentence of eight years with five years to serve, the last five years suspended and five years of supervised probation, with the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, and to pay a $5,000 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Alex June Davis v. State of Mississippi; Tate Circuit Court; LC Case #: CV2006-251-BT; Ruling Date: 12/29/2006; Ruling Judge: Ann Lamar; Majority Opinion: Lee, P.J. Disposition: The judgment of the Tate County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Delron Issac a/k/a Delron Isaac v. State of Mississippi; Pike Circuit Court; LC Case #: 05-136-PCS; Ruling Date: 06/22/2005; Ruling Judge: Mike Smith; Disposition: The appellant's motion for rehearing is denied. Order entered.

Fredrick Moore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-070(b); Ruling Date: 10/11/2005; Ruling Judge: Robert Bailey; Disposition: The appellee's motion for rehearing is denied. Chandler, J., would grant. Roberts and Carlton, JJ., not participating. Order entered.

James Walter Parchman v. Amwood Products, Inc. and Mississippi Manufacturers' Association Workers' Compensation Trust; Monroe Circuit Court; LC Case #: CV05-362(A)M; Ruling Date: 12/15/2005; Ruling Judge: Sharion Aycock; Disposition: The appellant's motion for rehearing is denied. Chandler and Barnes, JJ., not participating. Order entered.

Lawrence Wayne Minchew v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2005-00273; Ruling Date: 02/10/2006; Ruling Judge: Roger Clark; Disposition: The appellant's motion for rehearing is denied. Order entered.