11/08/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-KA-00718-COA

Donald Mark Edwards v. State of Mississippi; Perry Circuit Court; LC Case #: 5453; Ruling Date: 02/24/2010; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, J. Disposition: The judgment of the Perry County Circuit Court of conviction of possession of more than forty dosage units of oxycodone and acetaminophen, a Schedule II controlled substance, and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton and Russell, JJ., concur. Barnes, J., concurs in part and in the result. Myers, J., not participating.

Amy Danielle Wilkerson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,127(2); Ruling Date: 06/21/2010; Ruling Judge: Kathy Jackson; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jackson County Circuit Court 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 and Russell, JJ., concur. Myers, J., not participating.

Johnny Grogan v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CV-184-SC-G; Ruling Date: 06/25/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Scott County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Ashley Hankins v. City of Cleveland, Mississippi, Delta State University and Carl Towles; Bolivar Circuit Court 2nd District; LC Case #: 2009-0017; Ruling Date: 08/20/2010; Ruling Judge: Kenneth Thomas; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Bolivar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Maxwell and Russell, JJ., concur. Carlton, J., concurs in result only.

Q. A., a Minor, By and Through D. W. and S. W., his Grandparents and Guardians, as Next Friend v. Pearl Public School District; Rankin Circuit Court; LC Case #: 2009-4; Ruling Date: 09/09/2010; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Carlton and Russell, JJ., concur. Barnes, J., concurs in part and in the result. Maxwell, J., not participating.

Frank James Westbrook v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2010-0050CR; Ruling Date: 10/08/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Montgomery County Circuit Court of conviction of the sale of less than thirty grams of marijuana and sentence as a subsequent drug offender and a habitual offender of six years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Dell Palmer, Palmer Holdings, LLC d/b/a Realty Executives and Tanja Adams v. Tammie R. Pittman, Jacob S. Pittman and Shawn M. Pittman; Hinds Circuit Court 1st District; LC Case #: 251-09-456CIV; Ruling Date: 10/28/2009; Ruling Judge: Tomie Green; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., dissents without separate written opinion.

Jermaine S. Mitchell v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0106-R; Ruling Date: 06/30/2010; Ruling Judge: Samac Richardson; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court of conviction of the sale of cocaine, a Schedule II controlled substance, within 1,500 feet of a church, as a subsequent drug offender and as a habitual offender, and sentence of 120 years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

James M. Johnson v. E. H. Anderson, Ruby Anderson and Thomas Kohler; Harrison Chancery Court 2nd District; LC Case #: C2402-09-00678; Ruling Date: 07/07/2010; Ruling Judge: Margaret Alfonso; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., concurs in result only without separate written opinion.

Jim Durham v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-516CR; Ruling Date: 05/03/2010; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Forrest County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell and Russell, JJ., concur. Irving, P.J., dissents without separate written opinion. Carlton, J., dissents with separate written opinion. Myers, J., not participating. Dissenting Opinion: Carlton, J.

Herbert C. Hanson, Jr. v. John Gregory Disotell, J & J Investments, LLC, West Harrison Farms, LLC, Harrison County Code Administration and Ben G. Clark; Harrison Circuit Court 1st District; LC Case #: A2401-98-00302; Ruling Date: 06/29/2010; Ruling Judge: John Gargiulo ; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., dissents with separate written opinion joined by Irving, P.J. Myers, J., not participating. Dissenting Opinion: Russell, J. Votes: Irving, P.J., joins this opinion.

Sherida C. Powell v. James Samuel Powell; Jones Chancery Court 2nd District; LC Case #: 2008-0781; Ruling Date: 05/12/2010; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Jones County 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 Russell, JJ., concur. Myers, J., not participating.

Carolyn K. McNeel v. Mississippi Department of Human Services; Winston Circuit Court; LC Case #: 2009-219-CV-L; Ruling Date: 08/08/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Winston County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Cedric D. Russell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-673-CR(Y); Ruling Date: 01/30/2009; Ruling Judge: W. Yerger; Disposition: The motions for rehearing are denied. Order entered.

Alfa Insurance Corporation v. Thomas Hasselle and Shirley Hasselle; Pike Circuit Court; LC Case #: 08-371-PCS; Ruling Date: 03/25/2010; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Donald McKeown, Individually and as Personal Representative of the Decedent, Janice McKeown, for and on Behalf of all Wrongful Death Beneficiaries and as Administrator of the Estate of Janice McKeown, Deceased v. Robert V. Pitcock, M.D.; Union Circuit Court; LC Case #: U-2005-302; Ruling Date: 03/24/2010; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

Troy Smith v. DIMA Homes, Inc.; Pearl River Circuit Court; LC Case #: 2008-0849-P; Ruling Date: 04/23/2010; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Order entered.

Richard Partain v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0253CD; Ruling Date: 04/19/2010; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Ferdinand McAfee v. Rodrigo Galvez, M.D. and Brentwood Behavioral Healthcare of Mississippi; Rankin Circuit Court; LC Case #: 2009-0327; Ruling Date: 06/28/2010; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.