11/08/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2015-CA-00153-COA

Felton Martin, Jr. a/k/a Felton Martin v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-533 CIV; Ruling Date: 01/30/2015; Ruling Judge: William Gowan, Jr.; Majority Opinion: Greenlee, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Barnes, J., not participating.

Michael Brian Balle a/k/a Michael B. Balle a/k/a Michael Balle v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,036; Ruling Date: 07/01/2015; Ruling Judge: Kathy Jackson; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Jackson County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Greenlee, JJ., Concur.

Paul Haney v. Fabricated Pipe, Inc. and Liberty Insurance Corporation; LC Case #: 1008092-K-6257; Ruling Date: 08/04/2015; Majority Opinion: Wilson, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Casey Carter v. State of Mississippi; Madison Circuit Court; LC Case #: 2015-0205; Ruling Date: 09/04/2015; Ruling Judge: John Emfinger; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Madison County dismissing the petition for postconviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Jeremiah Allen a/k/a Jeremiah F. Allen v. State of Mississippi; Rankin Circuit Court; LC Case #: 25858; Ruling Date: 04/29/2015; Ruling Judge: William Chapman, III; Majority Opinion: Fair, J. Disposition: The judgment of the Rankin County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Melvin Patrick Mason a/k/a Melvin P. Mason a/k/a Melvin Mason v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-13-0174; Ruling Date: 05/14/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Hancock County Circuit Court of conviction of four counts of touching a child for lustful purposes and sentences on each count as a habitual offender of life imprisonment in the custody of the Mississippi Department of Corrections, with the sentences in Counts IV and V to run concurrently with one another, and with the sentences in Counts IX and X to run concurrently with one another and consecutively to the sentences in Counts IV and V, is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

John Ray Kidd v. State of Mississippi; Union Circuit Court; LC Case #: CV2014-189; Ruling Date: 07/02/2015; Ruling Judge: Andrew Howorth; Majority Opinion: Carlton, J. Disposition: The judgment of the Union County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

James Ratcliff a/k/a James Edward Ratcliff a/k/a James E. Ratcliff a/k/a Eddie Rankin v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0060; Ruling Date: 11/18/2014; Ruling Judge: Robert Helfrich; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James and Greenlee, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion.

Cary Dowden v. State of Mississippi; Newton Circuit Court; LC Case #: 14-CR-021-NW-C; Ruling Date: 04/16/2015; Ruling Judge: Vernon Cotten; Majority Opinion: Ishee, J. Disposition: The judgment of the Newton County Circuit Court of conviction of four counts of sexual battery and sentence of four consecutive terms of life in the custody of the Mississippi Department of Corrections, without the possibility of parole or early release, is affirmed. All costs of this appeal are assessed to Newton County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Randy Lee Russell a/k/a Randy Russell v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2012-244; Ruling Date: 08/08/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, of conviction of sexual battery of a mentally defective person and sentence of twenty-five years to be served day-for-day in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Laveal McGhee a/k/a LeVeal McGee a/k/a Levell Magee a/k/a Leaveal McGee a/k/a Lavell Magee v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2014-CI12; Ruling Date: 03/26/2014; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Yazoo County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Yazoo County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

C. D. Pickle, Jr. a/k/a Clanton D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2011-0095-CICI; Ruling Date: 01/13/2015; Ruling Judge: W. Hines; Consolidated with 2015-CP-00824-COA Clanton D. Pickle, Jr. a/k/a C.D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2015-0026; Ruling Date: 05/11/2015; Ruling Judge: W. Hines; Majority Opinion: Irving, P.J. Disposition: The judgments of the Circuit Court of Leflore County dismissing the motions for post-conviction relief are affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Ricky Eugene Johnson a/k/a Burnt Face a/k/a Dick Tracy a/k/a Ricky E. Johnson a/k/a Ricky Johnson v. State of Mississippi; Marion Circuit Court; LC Case #: K12-0208M-1; Ruling Date: 04/20/2015; Ruling Judge: Anthony Mozingo; Majority Opinion: Lee, C.J. Disposition: The judgment of the Marion County Circuit Court denying the motion for postconviction relief is affirmed in part, and reversed and rendered in part. All costs of this appeal are assessed to Marion County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Dwaliues Deon Carter a/k/a Dwaliues D. Carter a/k/a Dwaliues Carter a/k/a Dwaliue Deon Carter a/k/a Dwalieu Deon Carter a/k/a Deon Carter a/k/a Dwalie Carter v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-004; Ruling Date: 08/15/2013; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied.

Alvin Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1304; Ruling Date: 02/05/2014; Ruling Judge: William Gowan, Jr.; Disposition: The motions for rehearing are denied. Irving and Griffis, P.JJ., would grant.

Scotty B. Lyles a/k/a Scotty Lyles v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0265-CV; Ruling Date: 02/07/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied.

David Shanklin a/k/a David E. Shanklin v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0057CI; Ruling Date: 05/07/2013; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.

David Alan Ringer a/k/a David A. Ringer a/k/a David Ringer v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-13-363; Ruling Date: 10/30/2014; Ruling Judge: Michael Ward; Disposition: The State's motion for rehearing is denied. Lee, C.J., Irving, P.J., Carlton and James, JJ., would grant. Order entered.

William Scott Ashwell a/k/a William Ashwell a/k/a William S. Ashwell v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2015-06H; Ruling Date: 11/20/2014; Ruling Judge: Prentiss Harrell; Consolidated with 2015-CA-00626-COA William Scott Ashwell a/k/a William Ashwell a/k/a William S. Ashwell v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2015-55H; Ruling Date: 11/20/2014; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied.

William Scott Ashwell a/k/a William Ashwell a/k/a William S. Ashwell v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2015-55H; Ruling Date: 11/20/2014; Ruling Judge: Prentiss Harrell; Consolidated with 2015-CA-00023-COA William Scott Ashwell a/k/a William Ashwell a/k/a William S. Ashwell v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2015-06H; Ruling Date: 11/20/2014; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied.