11/12/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson , Cory T., J.
X  2018-CP-00152-COA

Harold Hayes a/k/a Harold Hayes, Jr. a/k/a Harold Ray Hayes, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 17-CV-080(W); Ruling Date: 04/30/2018; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: C. Wilson, J. Disposition: Affirmed. Lauderdale County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, McDonald, Lawrence and McCarty, JJ., Concur.

Kushauntia Jones a/k/a Kushauntia Lashone Jones v. State of Mississippi; Rankin Circuit Court; LC Case #: 61CI1:17-cv-00158-c; Ruling Date: 05/29/2018; Ruling Judge: William Chapman, III; Majority Opinion: C. Wilson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, Lawrence and McCarty, JJ., Concur. McDonald, J., Not Participating.

Ronald D. Stafford and Tamela S. Stafford v. James R. Canedy, Vance Brothers, Inc. and Atlantic Specialty Insurance Company; Pearl River Circuit Court; LC Case #: 55CI1:17-cv-00072-PH; Ruling Date: 05/31/2018; Ruling Judge: Prentiss Harrell; Majority Opinion: McCarty, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, McDonald, Lawrence and C. Wilson, JJ., Concur.

Laurie Stakelum v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00169-WLK; Ruling Date: 07/26/2018; Ruling Judge: Winston Kidd; Majority Opinion: McCarty, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, McDonald, Lawrence and C. Wilson, JJ., Concur.

Justin Harris a/k/a Justin Chance Harris a/k/a Justin C. Harris v. State of Mississippi; Warren Circuit Court; LC Case #: 18,0065-CRC; Ruling Date: 09/13/2018; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Lawrence, J. Disposition: Affirmed. Warren County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, McDonald, McCarty and C. Wilson, JJ., Concur.

Shawn Douglas Moffett a/k/a Shawn Moffett v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2016-668; Ruling Date: 10/11/2018; Ruling Judge: Lisa Dodson; Majority Opinion: J. Wilson, P.J. Disposition: Affirmed. Harrison County taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Westbrooks, Tindell, McDonald, Lawrence, McCarty and C. Wilson, JJ., Concur.

Michael Bowers, Rebecca Lynn Bowers, and Cody Garrett Bowers v. Marcus L. McIntire and Gavin McIntire, a Minor; Madison Circuit Court; LC Case #: 45CI1:16-cv-00188; Ruling Date: 09/28/2018; Ruling Judge: John Emfinger; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, McDonald, Lawrence, McCarty and C. Wilson, JJ., Concur.

Charles Dalton Shoemake v. State of Mississippi; DeSoto Circuit Court; LC Case #: 17-cv-00045CWD; Ruling Date: 09/08/2017; Ruling Judge: Celeste Wilson; Majority Opinion: Carlton, P.J. Disposition: Affirmed. DeSoto County taxed with costs of appeal. Votes: Barnes, C.J., J. Wilson, P.J., Greenlee, Tindell, Lawrence, McCarty and C. Wilson, JJ., Concur. McDonald, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Westbrooks, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by McDonald, J.; Lawrence and McCarty, JJ., Join In Part. Concurring in Part and Dissenting in Part Opinion: Westbrooks, J. Votes: McDonald, J., Joins This Opinion. Lawrence and McCarty, JJ., Join This Opinion in Part.

Cearic A. Barnes a/k/a Cearic Barnes v. State of Mississippi; Lincoln Circuit Court; LC Case #: CI2016-0451-LT; Ruling Date: 10/23/2017; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.

Agustin Mendez Lopez, Conservator of the Person and Estate of Juan Mendez v. Bellamare Development, LLC and Sandeep K. Sethi; Lincoln Circuit Court; LC Case #: CI 2014-0279-LS; Ruling Date: 10/02/2017; Ruling Judge: David Strong, Jr.; Disposition: The appellees' second motion for additional time to respond to the appellant's motion for rehearing is denied. Westbrooks, Tindell, McDonald and Lawrence, JJ., would grant. Order entered.

Larry Wooten a/k/a Larry C. Wooten v. State of Mississippi; Rankin Circuit Court; LC Case #: 61CI1:18-cv-00016-c; Ruling Date: 02/08/2018; Ruling Judge: William Chapman, III; Disposition: The appellant's motion to reconsider dismissing his untimely motion for rehearing is denied. Order entered.

Rafeal Bennett a/k/a Rafeal Demond Bennett a/k/a Raphael Bennett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:17-cv-00264-WLK; Ruling Date: 03/26/2018; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. McDonald, J., would grant.

Randi Lynn Butler v. Joseph Parker Mozingo; Forrest Chancery Court; LC Case #: 18CH1:14-cv-00534-S; Ruling Date: 04/05/2018; Ruling Judge: Susan Sheldon; Majority Opinion: C. Wilson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Barnes, C.J., and Carlton, P.J., Concur. J. Wilson, P.J., and Tindell, J., Concur in Part and in the Result Without Separate Written Opinion. McDonald, Lawrence and McCarty, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion. Greenlee, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lawrence, J. Westbrooks, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by McDonald and McCarty, JJ.; Tindell, J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: Greenlee, J. Votes: Lawrence, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Westbrooks, J. Votes: McDonald and McCarty, JJ., Join This Opinion. Tindell, J., Joins This Opinion in Part.

Adam Brent Wallace v. State of Mississippi; Lamar Circuit Court; LC Case #: 2014-K- 208-H; Ruling Date: 03/05/2019; Ruling Judge: Prentiss Harrell; Disposition: The appellant's "motion to reinstate appeal" is denied. Order entered.

Elijah T. Hall a/k/a Elijah Hall v. State of Mississippi; Adams Circuit Court; LC Case #: 17-KR-0101-J; Ruling Date: 12/26/2018; Ruling Judge: Forrest Johnson, Jr.; Disposition: The appellant's motion to reconsider dismissing his untimely appeal is denied. Order entered.

Paul Evans, Jr. v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 34CI2:19-cv-00012; Ruling Date: 02/14/2019; Ruling Judge: Dal Williamson; Disposition: Paul Evans Jr.'s pro se motion for reconsideration of the dismissal of this appeal and motion to proffer evidence are denied. Evans's pro se motion for an order to show cause and temporary restraining order is dismissed. Order entered.

Vincent Steed v. State of Mississippi; DeSoto Circuit Court; LC Case #: 17CI1:18-cv-00386-GC; Ruling Date: 04/23/2019; Ruling Judge: Gerald Chatham, Sr.; Disposition: The appellant's pro se motion to reinstate this appeal is granted. The mandate is recalled. Because the appellant was previously allowed to proceed in forma pauperis and the DeSoto County Circuit Court has not certified that he is no longer indigent, he is allowed to proceed in forma pauperis during this appeal. The appellant shall have thirty days from the entry of this order to show cause why his appeal should not be dismissed because he did not file his notice of appeal within thirty days of the circuit court's April 23, 2019 judgment. Order entered.

Thomas C. Smith a/k/a Thomas Carey Smith v. State of Mississippi; Pike Circuit Court; LC Case #: 19-034-PCS; Ruling Date: 06/25/2019; Ruling Judge: David Strong, Jr.; Disposition: Thomas Smith's pro se response to the show-cause notice is well taken. This appeal shall be allowed to proceed. Order entered.

Rehabilitation Centers, Inc. and ACE American Insurance Company v. Shelia Williams; LC Case #: 1510453; Ruling Date: 08/08/2019; Disposition: The motion of Rehabilitation Centers Inc. and Ace American Insurance Company for reconsideration of the dismissal of this appeal is denied. Order entered.