11/07/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-KA-00852-COA

Hiram Bernard Larson v. State of Mississippi; George Circuit Court; LC Case #: 2001-10,121(1); Ruling Date: 12/01/2004; Ruling Judge: Robert Krebs; Majority Opinion: Roberts, J. Disposition: The judgment of the George County Circuit Court of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections with five years suspended and fifteen to serve is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

John Terrell a/k/a John B. Terrell v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 03-5021; Ruling Date: 04/08/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Roberts, J. Disposition: The judgment of the Second Judicial District of the Hinds County Circuit Court of conviction of Count I, statutory rape, and sentence of thirty years and Count II, statutory rape, and sentence of thirty years to run concurrently with Count I all 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., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Nancy Ellis v. John Ellis; Union Chancery Court; LC Case #: 2000-076-73L; Ruling Date: 07/27/2005; Ruling Judge: Talmadge Littlejohn; Consolidated with 2001-CA-00713-COA Nancy Ellis v. John Ellis; Union Chancery Court; LC Case #: 2000-76; Ruling Date: 04/12/2001; Ruling Judge: John Ross, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Union County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Kimberly A. Reeves, Individually and on Behalf of the Wrongful Death Beneficiaries and Survivors of Alexandria Reeves; Kimberly A. Reeves, Natural Guardian and Parent of Morgan Reeves; Alex Shanks, Jr., Individually and on Behalf of the Wrongful Death Beneficiaries and Survivors of Alex Shanks v. Mississippi Department of Transportation; Clarke Circuit Court; LC Case #: 2001-136(B); Ruling Date: 03/17/2005; Ruling Judge: Robert Bailey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Clarke County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Barnes, JJ., concur. Roberts, J., not participating.

Charles Lavel Stringer v. Thomas J. Lowe, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-96-877; Ruling Date: 11/04/2004; Ruling Judge: Tomie Green; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur. Southwick, J., not participating.

Cedric Watson v. State of Mississippi; Lincoln Circuit Court; LC Case #: 04-307 MS; Ruling Date: 06/20/2005; Ruling Judge: Mike Smith; Majority Opinion: Ishee, J. Disposition: The judgment of Lincoln County Circuit Court of conviction of possession of cocaine and sentence of life imprisonment in the custody of the Misssissippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Jermaine Williams a/k/a Crap v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-096-CR2; Ruling Date: 06/16/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of possession of a firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections, and payment of a fine in the amount of $5,000 is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Tavaris Lendez Mosley v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0065-CV1; Ruling Date: 09/01/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lowndes County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

University of Mississippi Medical Center v. David Peacock, Individually and as Next Friend of Robert Earl Peacock; Hinds Circuit Court 1st District; LC Case #: 251-00-1007CIV; Ruling Date: 11/29/2004; Ruling Judge: Winston Kidd; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and 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., Southwick, Griffis, Ishee and Roberts, JJ., concur. Chandler, J., dissents with separate written opinion, joined by Irving, J. Dissenting Opinion: Chandler, J. Votes: Irving, J., joins this opinion.

Billy Ray Ford, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-241-CR; Ruling Date: 08/11/2004; Ruling Judge: Michael McPhail; Majority Opinion: Barnes, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of perjury and sentence of ten years without parole in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Public Employees' Retirement System v. Frank A. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-03-614(CIV); Ruling Date: 06/10/2005; Ruling Judge: Winston Kidd; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Southwick, Chandler, Griffis, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only. Lee, P.J., not participating.

Diane Forrest v. Kendall McCoy; Hinds Chancery Court 1st District; LC Case #: 134,295; Ruling Date: 07/25/2005; Ruling Judge: Stuart Robinson; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Hinds County is reversed and remanded. All costs of appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Patrick Evans Clark v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: Cv2005-0116-BP1; Ruling Date: 09/22/2005; Ruling Judge: Andrew Baker; Majority Opinion: Griffis, J. Disposition: The judgment of the Panola County Circuit Court dismissing post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Brian R. Dix v. Karen R. Dix; Harrison Chancery Court 1st District; LC Case #: 97-03036; Ruling Date: 01/13/2005; Ruling Judge: James Persons; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Public Employees' Retirement System v. Donald W. Bishop; Hinds Circuit Court 1st District; LC Case #: 251-01-0089 CIV; Ruling Date: 03/31/2005; Ruling Judge: Tomie Green; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Kossuth Trucking, Inc. v. Caterpillar, Inc.,; Alcorn Circuit Court; LC Case #: CV02-399GA; Ruling Date: 09/19/2005; Ruling Judge: Thomas Gardner, III; Majority Opinion: Southwick, J. Disposition: The judgment of the Alcorn County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Chandler, J., dissents with separate written opinion. Dissenting Opinion: Chandler, J.

Helen E. Swartzfager v. Grady Paul Derrick, Jr.; Lamar Chancery Court; LC Case #: 2000-0142-W; Ruling Date: 01/24/2005; Ruling Judge: Johnny Williams; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Michael Edward Starkey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2005-134-CD; Ruling Date: 04/05/2005; Ruling Judge: Robert Chamberlin; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of felony DUI - third offense and sentence of four years in the custody of the Mississippi Department of Corrections and one year post-release supervision and fine of $2,000 is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Terrance Guinn v. G.T. Wilkerson and Blackburn Motor Company, Inc.; Warren Circuit Court; LC Case #: 05,0195-CI; Ruling Date: 08/23/2005; Ruling Judge: Frank Vollor; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Bruce Calvin McCoy v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2005-244-LS; Ruling Date: 11/01/2005; Ruling Judge: Mike Smith; Majority Opinion: Myers, P.J. Disposition: The appeal from the judgment of the Circuit Court of Lincoln County denying post-conviction relief is dismissed without prejudice. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Ryan McClure v. State of Mississippi; Quitman Circuit Court; LC Case #: 2004-0012; Ruling Date: 10/20/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Lee, P.J. Disposition: The judgment of the Quitman County Circuit Court of conviction of sexual battery and sentence of eleven years, with six years to serve in the custody of the Mississippi Department of Corrections and five years suspended, is affirmed. All costs of this appeal are assessed to Quitman County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Steven Stewart and Renee Stewart v. Lofton Timber Company, LLC and Georgia Pacific Corporation; Attala Circuit Court; LC Case #: 04-0138-CV-L; Ruling Date: 06/13/2005; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Attala County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Melvin Craft v. State of Mississippi; Marion Circuit Court; LC Case #: 2005-0158E; Ruling Date: 07/22/2005; Ruling Judge: Michael Eubanks; Majority Opinion: Lee, P.J. Disposition: The judgment of the Marion County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: Myers, P.J., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J. and Irving, J., concur in result only.

Johnny Boykin v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0793-CR1; Ruling Date: 03/01/2005; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of Lowndes County Circuit Court of conviction of two counts of child fondling and sentence on each count of eight years to run consecutively in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Deric Bailey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2002-0-717; Ruling Date: 05/13/2004; Ruling Judge: W. Yerger; Disposition: The appellant's motion for rehearing is denied. Chandler, J., would grant. Order entered.

Deric Bailey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2002-0-717; Ruling Date: 05/13/2004; Ruling Judge: W. Yerger; Disposition: The appellee's motion for rehearing is denied. Chandler and Griffis, JJ., would grant. Order entered.

Charlotte Sherron v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0626-CR1; Ruling Date: 08/19/2004; Ruling Judge: Lee Howard; Majority Opinion: Southwick, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of accessory after the fact to statutory rape and sentence of three years in the custody of the Mississippi Department of Corrections and two years of post-release supervision is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only. Roberts, J., concurs in part and result and specially concurs with separate written opinion joined by Lee and Myers, P.JJ., and Griffis, J. King, C.J., not participating. Specially Concurring Opinion: Roberts, J. Votes: Lee and Myers, P.JJ. and Griffis, J., join this opinion.

Monica Martin, Mother, Guardian, and on Behalf of the Minor Children: Denise Patrice Martin, Pascha Monique Smith, Patrick Carnelious Smith, Jr., and Payco Montay Smith v. Rankin Circle Apartments d/b/a Mississippi Industrial College Homes, Inc., d/b/a Mississippi Industrial College Homes, Inc. of the Christian Methodist Episcopal Church; Brown & Robinson Systems & Services, P.A.; Mary Frances Robinson in Her capacity as an Employee of Brown & Robinson Systems & Services; and Robert Young, in His Capacity as an Employee of Brown & Robinson Systems & Services, All Jointly and Serverally; Marshall Circuit Court; LC Case #: M2002-451; Ruling Date: 10/13/2004; Ruling Judge: Andrew Howorth; Disposition: The appellant's motion for rehearing is denied. Barnes, J., not participating. Order entered.

Jane Doe v. Roman Catholic Diocese of Jackson, Mississippi, Bishop William R.Houck, his predecessors and assigns, and George Broussard; Hinds Circuit Court 1st District; LC Case #: 251-03-821CIV; Ruling Date: 07/15/2004; Ruling Judge: W. Yerger; Disposition: The appellant's motion for rehearing is denied. Southwick, J., not participating. Order entered.

David Miranda, M.D. v. Wesley Health System, LLC, d/b/a Wesley Medical Center; Lamar Circuit Court; LC Case #: 2004-005P; Ruling Date: 04/07/2005; Ruling Judge: R. Prichard, III; Disposition: The appellant's motion for rehearing is denied. Order entered.

Jimmy Culbert v. State of Mississippi; Warren Circuit Court; LC Case #: 12,323-V; Ruling Date: 05/10/2005; Ruling Judge: Frank Vollor; Disposition: The appellant's motion for rehearing is denied. Order entered.

Roy Lee Tillman, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2004-22-L-T; Ruling Date: 06/17/2005; Ruling Judge: Ann Lamar; Disposition: The appellant's motion for rehearing is denied. Order entered.