11/10/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-CA-00829-COA

Billy J. Cossey v. Nancy L. Cossey; Pontotoc Chancery Court; LC Case #: 2007-0399-58-H; Ruling Date: 07/11/2008; Ruling Judge: John Hatcher; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pontotoc County Chancery Court is affirmed, and the case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Willie Rudolph Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-1999-426; Ruling Date: 09/09/2008; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court denying the petitions for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Mary (Smith) Hoskins v. Ronald Hoskins; Panola Chancery Court 2nd District; LC Case #: B-07-05-218-ML; Ruling Date: 07/23/2008; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Panola County Chancery 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, Roberts and Maxwell, JJ., concur.

Maricus Ivy v. State of Mississippi; Lee Circuit Court; LC Case #: CV08-126-PF-L; Ruling Date: 01/20/2009; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lee County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

Rubin Renfrow v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-174K; Ruling Date: 05/02/2008; Ruling Judge: Robert Evans; Majority Opinion: Roberts, J. Disposition: The judgment of the Simpson County Circuit Court of conviction of possession of child pornography and sentence of fifteen years 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, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Robert Dubose a/k/a Robert T. Dubose, Sr. v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 16-19; Ruling Date: 03/03/2008; Ruling Judge: Robert Evans; Majority Opinion: Roberts, J. Disposition: The judgment of the Jasper County Circuit Court of conviction of Count I, gratification of lust, and sentence of ten years; Count II, gratification of lust, and sentence of ten years to run consecutively to Count I; and Count III, gratification of lust, and sentence of ten years to run consecutively to Counts I and II, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Jasper County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Ronregus Flowers v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-126; Ruling Date: 12/03/2007; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of house burglary and sentence of ten years in the custody of the Mississippi Department of Corrections with two years of post-release supervision is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Howard Monteville Neal v. State of Mississippi; Lamar Circuit Court; LC Case #: 5710; Ruling Date: 06/27/2008; Ruling Judge: R. Prichard, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lamar County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections, without the possibility of parole, with the sentence to run consecutively to the current life sentence the appellant is serving, is affirmed. All costs of this appeal are assessed to Lamar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Julius Wesley Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2007-0256 (1); Ruling Date: 07/22/2008; Ruling Judge: Robert Krebs; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of George County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion.

Eula Price a/k/a Baby Eula Jones Bell Price v. James Price; DeSoto Chancery Court; LC Case #: 06-07-1201; Ruling Date: 09/22/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto County Chancery 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, Roberts, Carlton and Maxwell, JJ., concur.

Kevin Dufrene v. Randall A. Slade, Ken W. Slade and Rodney G. Slade; Pearl River Chancery Court; LC Case #: 07-0450-GN-D; Ruling Date: 08/22/2008; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Pearl River County Chancery 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, Roberts, Carlton and Maxwell, JJ., concur.

Joshua Lowell Odom v. FedEx Ground Package System, Inc.; Forrest Circuit Court; LC Case #: CI07-0048; Ruling Date: 03/06/2009; Ruling Judge: Robert Helfrich; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Patricia Myatt, Individually and on Behalf of all Wrongful Death Beneficiaries of Todd David Myatt, Deceased v. Peco Foods of Mississippi, Inc. and Winston Bailey; Neshoba Circuit Court; LC Case #: 06-CV-0217-NS-G; Ruling Date: 09/17/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Barnes, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to appellee Peco Foods of Mississippi, Inc. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result without separate written opinion. Irving and Carlton, JJ., dissent without separate written opinion.

Edward Darrell Moorman v. Rebecca Jane Waldo Moorman; Pontotoc Chancery Court; LC Case #: 04-0021-58-L; Ruling Date: 04/10/2008; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Lee, P.J. Disposition: The judgment of the Pontotoc County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Juan Lopez v. Zachary Construction Corporation and Zurich American Insurance Company; Choctaw Circuit Court; LC Case #: 2008-0066-CV-L; Ruling Date: 12/15/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Choctaw County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Martha Via v. Mississippi Farm Bureau Federation, Lauderdale County Farm Bureau, Rural Insurance Agency, Inc., Southern Farm Bureau Life Insurance Company, Southern Farm Bureau Casualty Company, Mississippi Farm Bureau Casualty Insurance Company a/k/a Farm Bureau Casualty Insurance Company, Tommy Allen, Marcus Martin, Dan Martin and Rankin County Farm Bureau; Hinds Circuit Court 2nd District; LC Case #: 252-07-26; Ruling Date: 02/12/2008; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CA-00783-COA Martha Via v. Mississippi Farm Bureau Federation, Rankin County Farm Bureau, Lauderdale County Farm Bureau, Rural Insurance Agency, Inc., Southern Farm Bureau Life Insurance Company, Southern Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Casualty Insurance Company a/k/a Farm Bureau Casualty Insurance Company, Tommy Allen, Marcus Martin, and Dan Martin; Hinds Circuit Court 2nd District; LC Case #: 252-07-10; Ruling Date: 02/12/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis and Maxwell, JJ., not participating.

Prentiss E. Sellers v. Nancy Bridges Sellers; Neshoba Chancery Court; LC Case #: 2005-332-K; Ruling Date: 06/15/2007; Ruling Judge: J. Kilpatrick; Disposition: The motions for rehearing are denied. Griffis, J., would grant. Roberts, J., not participating. Order entered.

Frank Abner Polk v. A. J. Jones and Martha Douglas; Forrest Chancery Court; LC Case #: 2005-0250-GN-W; Ruling Date: 08/23/2007; Ruling Judge: Johnny Williams; Disposition: The motion for rehearing is denied. Order entered.

William Daniel Vaughn v. Connie Lynn Davis, Individually, and as Maternal Grandmother and Next Friend of Danielle Lynn Vaughn; Rankin Chancery Court; LC Case #: 55788; Ruling Date: 08/01/2007; Ruling Judge: Dan Fairly; Disposition: The motion for rehearing is denied. Order entered.

Horace A. Ryals v. Phillip Bertucci and John Finch, D.O. et al.; Harrison Circuit Court 1st District; LC Case #: A2401-02-00760; Ruling Date: 05/30/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Roberts, J., not participating. Order entered.

Lonzie Earl Nichols v. State of Mississippi; Clay Circuit Court; LC Case #: 8829; Ruling Date: 10/11/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

Robert R. Murray a/k/a Robert Ridell Murray v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 06-5-057; Ruling Date: 06/18/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Robin Harper, Individually and on Behalf of Reijah Harper, a Minor v. Cal-Maine Foods, Inc.; Hinds Circuit Court 2nd District; LC Case #: 2006-28; Ruling Date: 02/28/2008; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Griffis, J., would grant. Roberts and Maxwell, JJ., not participating. Order entered.

Robert Stanley Rowland v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-256; Ruling Date: 01/10/2008; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. King, C.J., Barnes and Carlton, JJ., would grant. Order entered.

Kenyoung Fair v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2007-0024-CR; Ruling Date: 02/21/2008; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Order entered.

George W. Martin v. State of Mississippi; Tate Circuit Court; LC Case #: CV2008-0150BT; Ruling Date: 04/07/2008; Ruling Judge: Andrew Baker; Disposition: The motion for rehearing is denied. Order entered.

Robert Reed, Jennifer Reed, along with Federal Insurance Company, as subrogee of Directional Drilling Contractors, LLC v. D & D Drilling & Exploration, Inc. and James Polk; Lamar Circuit Court; LC Case #: 2006-71P; Ruling Date: 06/09/2008; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Griffis, J., not participating. Order entered.