11/10/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2014-CA-01022-COA

Roger Lynn Neely v. Kaleb Matthew Welch; Simpson Chancery Court; LC Case #: 2011-0123 P-1; Ruling Date: 05/08/2013; Ruling Judge: David Shoemake; Majority Opinion: Wilson, J. Disposition: The judgment of the Simpson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Antonio Vashon Smith a/k/a Antonio V. Smith a/k/a Antonio Smith v. State of Mississippi; Clarke Circuit Court; LC Case #: 2012-149-W; Ruling Date: 02/25/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Clarke County dismissing 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., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Joseph L. Johnson a/k/a Joseph Johnson v. State of Mississippi; Madison Circuit Court; LC Case #: 2014-0050-JE; Ruling Date: 09/16/2014; Ruling Judge: John Emfinger; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Simon F. Weir, II, and Sarah B. Weir v. Crye-Leike of Mississippi, Inc.; DeSoto Circuit Court; LC Case #: CV2013-280 JMD; Ruling Date: 07/17/2014; Ruling Judge: James McClure, III; Majority Opinion: Fair, J. Disposition: The judgment of the DeSoto County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and James, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.

Lennie W. Dingler and Lesia C.L. Dingler v. Martha Patricia Ferguson; Tishomingo Chancery Court; LC Case #: CV2010-000142-71-L; Ruling Date: 12/10/2013; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Maxwell, J. Disposition: The judgment of the Tishomingo County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

John Andrew Casey a/k/a John Casey a/k/a John A. Casey v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2010-0068; Ruling Date: 02/24/2014; Ruling Judge: Albert Smith, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with five years suspended and ten years to serve, followed by five years of postrelease supervision, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

James Donald Burkhalter a/k/a James Burkhalter a/k/a James Lee Burkhalter v. State of Mississippi; Stone Circuit Court; LC Case #: A6601-2014-075; Ruling Date: 09/17/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Stone County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Stone County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.

Michael C. Molleston, M.D. v. River Oaks Hospital, Inc., River Oaks Health System d/b/a River Oaks East; Rankin Chancery Court; LC Case #: 61CH1:13cv00669; Ruling Date: 03/11/2014; Ruling Judge: William Barnett; Majority Opinion: Carlton, J. Disposition: The judgment of the Rankin County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Maxwell and James, JJ., Concur. Griffis, P.J., Dissents With Separate Written Opinion, Joined In Part by Wilson, J. Fair, J., Not Participating. Dissenting Opinion: Griffis, P.J. Votes: Wilson, J., Joins This Opinion in Part.

Henry J. Parker, Jr. a/k/a Henry Jackson Parker, Jr. a/k/a Henry Parker, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-00272; Ruling Date: 02/12/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of possession of a controlled substance with intent to distribute and sentence of twenty years, with ten years suspended, 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, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.

Travon Brown a/k/a Travon J. Brown a/k/a Travon Deangelo Brown a/k/a Travon D. Brown v. State of Mississippi; Lee Circuit Court; LC Case #: CR12-521; Ruling Date: 11/07/2013; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Lee County Circuit Court of conviction of two counts of murder and sentence of life in the custody of the Mississippi Department of Corrections on each count, with the sentences to run consecutively, is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Paul F. Jones a/k/a Paul Frederick Jones v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 13-CV-00079; Ruling Date: 02/28/2014; Ruling Judge: Roger Clark; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Maxwell, Fair, James and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Elroy Kennedy a/k/a Elory Kennedy v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2014-019-CV-L; Ruling Date: 06/06/2014; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Choctaw County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Larry Walker v. State of Mississippi; Lawrence Circuit Court; LC Case #: K02-77E; Ruling Date: 04/09/2010; Ruling Judge: Prentiss Harrell; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lawrence County of conviction of Count I, carjacking, and sentence of life; and Count II, kidnapping, and sentence of life, all as a habitual offender, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections without eligibility for parole, is affirmed. All costs of this appeal are assessed to Lawrence County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Derrick Course a/k/a Derrick J. Course v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-0-213; Ruling Date: 07/18/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of armed robbery and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Lois Hudspeth a/k/a Lois Lee Hudspeth a/k/a Louis Lee Hudspeth a/k/a Louis Hudspeth v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2004-23-SMP1; Ruling Date: 05/09/2014; Ruling Judge: Smith Murphey; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Panola County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Bradford Scott Byrd a/k/a Bradford S. Byrd a/k/a Bradford Byrd v. State of Mississippi; Perry Circuit Court; LC Case #: 2014-0060; Ruling Date: 08/11/2014; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Perry County is affirmed. All costs of this appeal are assessed to Perry County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Deriera Magee a/k/a Derie'ra Magee a/k/a Deriera A. Magee a/k/a Deriera Alejandour Magee v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2012-0192H-PC; Ruling Date: 09/10/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Pearl River County dismissing the petition for postconviction collateral relief is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Home Base Litter Control, LLC v. Claiborne County, Mississippi; Claiborne Circuit Court; LC Case #: 2013-50; Ruling Date: 12/13/2013; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied.

Della Sumrall and Roy Sumrall v. Singing River Health System; Jackson Circuit Court; LC Case #: 2012-00129(1); Ruling Date: 05/05/2014; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Jackson County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Wilson, J., Dissents With Separate Written Opinion, Joined by Ishee, J. Dissenting Opinion: Wilson, J. Votes: Ishee, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Louis McClendon a/k/a Meatball v. State of Mississippi; Marion Circuit Court; LC Case #: 2014-0264M; Ruling Date: 10/02/2014; Ruling Judge: Anthony Mozingo; Disposition: The State's motion to dismiss this appeal for lack of jurisdiction is granted. The appeal is hereby dismissed. All costs of this appeal are assessed to Marion County. Order entered.

Joe N. Swan v. Delphi Packard Electric Systems; LC Case #: 0511927-J-4604-E; Ruling Date: 08/06/2015; Ruling Judge: Robert Arnold, III; Disposition: Swan's motion to voluntarily dismiss this appeal is granted. This appeal is dismissed without prejudice pursuant to Rule 42(b) of the Mississippi Rules of Appellate Procedure. The appellee's motion is dismissed as moot. All costs of this appeal are assessed to the appellant. Order entered.