11/08/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
XX  2004-CA-00088-COA

Ginger M. McSwain (Hartfield) v. Charles C. McSwain; Lamar Chancery Court; LC Case #: 2000-0231-Th; Ruling Date: 09/16/2003; Ruling Judge: James Thomas, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Lamar County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Bridges, Irving and Ishee, JJ., concur. Dissenting Opinion: Griffis, J. Votes: Myers, P.J., and Chandler, J., join this opinion.

Dr. Alexander N. Asanov v. Marina Y. Hunt f/k/a Marina Y. Asanov; Oktibbeha Chancery Court; LC Case #: 2001-0063; Ruling Date: 01/09/2004; Ruling Judge: Dorothy Colom; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Oktibbeha County is affirmed on direct appeal and on cross-appeal. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Zarius Ward v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-162; Ruling Date: 08/25/2004; Ruling Judge: Samac Richardson; Majority Opinion: King, C.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: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Lorann Ann Coleman v. Christopher Smith, Grand Casinos, Incorporated, BL Development Corporation and Park Place Entertainment Corporation; Tunica Circuit Court; LC Case #: 2001-0196; Ruling Date: 08/25/2004; Ruling Judge: Albert Smith, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Dextor Latroy Jordan v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4901; Ruling Date: 11/06/2002; Ruling Judge: Bobby DeLaughter; Majority Opinion: Bridges, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I of kidnaping and sentence of thirty years; Count II of kidnaping and sentence of thirty years; Count III rape and sentence of forty years; Count IV sexual battery and sentence of thirty years; Count V sexual battery and sentence of thirty years. All to run consecutively to each sentence in each Count, 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., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Ricky Miller v. State of Mississippi; Clay Circuit Court; LC Case #: 8308; Ruling Date: 04/17/2003; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Clay County of conviction of Count I, burglary of an occupied hotel room and sentence of five years; Count II, armed robbery and sentence of twenty years to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis and Ishee, JJ., concur. Irving, J., concurs in result only.

Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 10/22/2003; Ruling Judge: Edward Prisock; Consolidated with 2004-CA-01036-COA Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 02/06/2004; Ruling Judge: Edward Prisock; Disposition: Appellant's motion for rehearing is denied.

David Cleo Parker v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2003-452RD; Ruling Date: 11/21/2003; Ruling Judge: George Ready; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of rape and sentence of thirty years with twenty-five suspended and five to serve in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Antwine Equality Graves v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2402-2001-495; Ruling Date: 01/30/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Bridges, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of murder and sentence of life in prison without parole in the custody of the Mississippi Department of Corrections 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 Ishee, JJ., concur.

Texas Gas Transmission Corporation and Liberty Mutual Insurance Company, Employer and Carrier v. Elmer O. Dabney; DeSoto Circuit Court; LC Case #: CV2003-0110RD; Ruling Date: 12/17/2003; Ruling Judge: George Ready; Disposition: Appellant's motion for rehearing is denied.

J.N.W.E. v. W.D.W.; Yazoo Chancery Court; LC Case #: 01-0341; Ruling Date: 04/08/2004; Ruling Judge: Janace Goree; Disposition: Appellant's motion for rehearing is denied. Barnes, J., would grant.

Terri Lynn Summers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-2002-215; Ruling Date: 01/26/2004; Ruling Judge: Stephen Simpson; Disposition: Appellant's motion for rehearing is denied.

James Edward O'Connell, II v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-03-0141; Ruling Date: 12/05/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of a controlled substance with intent to distribute and sentence of sixty years, as a habitual offender, in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Cynthia Nelson Lowrey v. Perrin H. Lowrey; Lamar Chancery Court; LC Case #: 2002-0254-GN-W; Ruling Date: 02/25/2004; Ruling Judge: Johnny Williams; Disposition: Appellee's motion for rehearing is denied. Irving, J., not participating.

Forrest General Hospital v. Sydney W. Kelley; Forrest Circuit Court; LC Case #: CI-03-0152; Ruling Date: 03/11/2004; Ruling Judge: Robert Helfrich; Disposition: Appellant's motion for rehearing is denied.

Jackson Motor Speedway, Inc. v. D.L. Ford, James M. Ford and The Ford Company; Hinds Chancery Court 1st District; LC Case #: G-2002-636-W/4; Ruling Date: 03/15/2004; Ruling Judge: Patricia Wise; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds 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 in equal parts to the appellant and appellees. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis and Barnes, JJ., concur. Irving, J., dissents without separate written opinion.

Oscar Rayfield Jones a/k/a Ray-Ray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-179; Ruling Date: 03/29/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of sale of cocaine 41-29-139/142 and sentence of twenty years 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., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 02/06/2004; Ruling Judge: Edward Prisock; Consolidated with 2003-CA-02569-COA Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 10/22/2003; Ruling Judge: Edward Prisock; Disposition: Appellant's motion for rehearing is denied.

Robyn Janette Allen v. Wayne Williams and Augusta Williams; Pearl River Chancery Court; LC Case #: 99-0187GN-W; Ruling Date: 05/13/2004; Ruling Judge: Johnny Williams; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant.

Larry Stephen Parks v. Kelli Ann (Holloway) Parks; DeSoto Chancery Court; LC Case #: 03-08-1272ML; Ruling Date: 05/11/2004; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

James Morris v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-120-M; Ruling Date: 06/11/2004; Ruling Judge: W. Hines; Disposition: Appellant's motion for rehearing is denied.

Glenn Allen Lewis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2004-136-CR(B); Ruling Date: 08/18/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Bridges, J. Disposition: The judgment of the Grenada County Circuit Court of conviction of armed robbery and sentence of eighteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.