11/14/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2004-KM-02487-COA

Richard Lott v. City of Bay Springs, Mississippi; Jasper Circuit Court 2nd District; LC Case #: 24-0123; Ruling Date: 11/29/2004; Ruling Judge: Robert Evans; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Jasper County denying Lott's petition for writ of certiorari is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Richard Booze v. State of Mississippi; Pike Circuit Court; LC Case #: 04-375-KA; Ruling Date: 02/28/2005; Ruling Judge: Michael Taylor; Majority Opinion: Roberts, J. Disposition: The judgment of the Pike County Circuit Court of conviction of Count I murder and sentence of life imprisonment; Count II aggravated assault and sentence of fifteen years; and Count III aggravated assault and sentence of fifteen years, all counts to run consecutively to one another, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

In Re: S.T.M.M., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0853-245; Ruling Date: 03/11/2005; Ruling Judge: Michael McPhail; Consolidated with 2005-CA-01284-COA In Re: S.S.A.R., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0855-247; Ruling Date: 03/11/2005; Ruling Judge: Michael McPhail; Consolidated with 2005-CA-01285-COA In Re: C.A.R., Jr., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0856-248; Ruling Date: 03/11/2005; Ruling Judge: Michael McPhail; Consolidated with 2005-CA-01286-COA In Re: T.T.T.M., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0854-246; Ruling Date: 03/11/2005; Ruling Judge: Michael McPhail; Majority Opinion: Roberts, J. Disposition: The judgment of the Forrest County Youth Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only.

Coye A. Holman and Ted Holman v. Howard Wilson Chrysler Jeep, Inc.; Rankin Circuit Court; LC Case #: 2003-272; Ruling Date: 06/01/2005; Ruling Judge: Samac Richardson; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Southwick, Chandler, Griffis and Barnes, JJ., concur. King, C.J., Irving and Roberts, JJ., concur in result only. Lee, P.J., not participating.

Whirlpool Corporation v. Mary J. Wilson; Lafayette Circuit Court; LC Case #: L04-112WC; Ruling Date: 03/23/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

W. McDonald Nichols, et al. v. Madison County Board of Supervisor and Canton Public School District; Madison Circuit Court; LC Case #: 2004-0091; Ruling Date: 05/27/2005; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Riverland Plantation Partnership, a Louisiana General Partnership, and Robert F. McDowell v. Anton Klingler, Anton Klingler, III, Hans Grundmann d/b/a Kingspoint Farms, a Mississippi Partnership, and Community Bank of Mississippi; Warren Chancery Court; LC Case #: 2004-075 GN; Ruling Date: 07/21/2005; Ruling Judge: Vicki Barnes; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Tavaris Vaughn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0076-CV1; Ruling Date: 09/02/2005; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lowndes County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur. Southwick, J., concurs in result only.

Clyde Douglas Holt and Mable Holt v. Jeffery T. Summers, M.D.; Hinds Circuit Court 1st District; LC Case #: 96-225; Ruling Date: 04/21/2005; Ruling Judge: W. Yerger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Ishee and Roberts, JJ., concur. Griffis, J., not participating.

Nissan North America and Royal Insurance Company of America v. Ricardo V. Short; DeSoto Circuit Court; LC Case #: CV2004-0123RD; Ruling Date: 03/03/2005; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Alfred G. Shirley a/k/a Alfred Glen Shirley v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR04-092; Ruling Date: 11/15/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Alcorn County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections with eight years suspended and five years of post-release supervision, and to pay a fine of $4,000 and $4,500 to the Mississippi Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James M. Smith a/k/a James Michael Smith v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2002-0596E; Ruling Date: 06/22/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Myers, P.J. Disposition: The judgment of the Pearl River County Circuit Court of conviction of aggravated driving under the influence and sentence of twenty years in the custody of Mississippi Department of Corrections, with five years in the Intensive Supervision Program and the remaining fifteen years suspended pending successful completion of a supervised period of post-release for five years and fine of $95,000 to be paid to the Richard Edward Barry Special Needs Trust is affirmed on direct and cross-appeal. All costs of the direct appeal are assessed to the appellant/cross appellee. All costs of the cross-appeal are assessed to Pearl River County. Votes: King, C.J., Lee, P.J., Southwick, Chandler, Ishee and Roberts, JJ., concur. Irving, Griffis and Barnes, JJ., concur in result only.

Cynthia Scarborough Thomas v. Tom Scarborough and Marsha Scarborough; Rankin Chancery Court; LC Case #: 56,338; Ruling Date: 10/13/2005; Ruling Judge: Thomas Zebert; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Rankin County is reversed and rendered as a judgment in favor of the appellant in the amount of $22,141.57. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Freddie Mack Sullivan v. Deborah Gay Brister Sullivan; Simpson Chancery Court; LC Case #: 2002-0205; Ruling Date: 02/11/2005; Ruling Judge: J. Buffington; Majority Opinion: Lee, P.J. Disposition: The judgment of the Simpson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Ardean Mitchell, as Administratrix of the Estate of Fate Mitchell, Deceased, for and on Behalf of All Heirs at Law of Fate Mitchell v. University Hospitals and Clinics-Holmes County; Holmes Circuit Court; LC Case #: 2002-359; Ruling Date: 08/29/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Lee, P.J. Disposition: The judgment of the Holmes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Mervin Sanders v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2005-326-LT-LS; Ruling Date: 11/01/2005; Ruling Judge: Mike Smith; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lincoln County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

McBride Consulting Service, LLC, Stuart McBride and Cindy K. McBride v. Waste Management of Mississippi, Inc. and Waste Management, Inc.; Hinds Circuit Court 2nd District; LC Case #: 02-32; Ruling Date: 12/02/2003; Ruling Judge: Bobby DeLaughter; Disposition: The appellant's motion for rehearing is denied. Griffis, J., would grant. Order entered.

Tracy Dixon and Jerry Ford a/k/a Jerry Lee Ford v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0049-K; Ruling Date: 07/21/2004; Ruling Judge: W. Hines; Disposition: The appellants' motion for rehearing is denied. Order entered.

Derek Gray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-746; Ruling Date: 07/21/2004; Ruling Judge: Michael Parker; Disposition: The appellant's motion for rehearing is denied. Order entered.

Cozell Lyons v. State of Mississippi; Neshoba Circuit Court; LC Case #: 04-CR-0044-NS-G; Ruling Date: 11/11/2004; Ruling Judge: Marcus Gordon; Disposition: The appellant's motion for rehearing is denied. Order entered.

Thomas Lee Parker and Rubye C. Parker v. Horace Mann Life Insurance Company and Leo Hawkins, Jr.; Sharkey Circuit Court; LC Case #: 03-083; Ruling Date: 10/19/2004; Ruling Judge: Frank Vollor; Disposition: The appellant's motion for rehearing is denied. Order entered.

John Griffin Bowie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2003-520; Ruling Date: 05/13/2005; Ruling Judge: Stephen Simpson; Disposition: The appellant's motion for rehearing is denied. Order entered.

Robert Lee Perry v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2004-141-B-P2; Ruling Date: 03/04/2005; Ruling Judge: Andrew Baker; Disposition: The appellant's motion for rehearing is denied. King, C.J., Southwick, Barnes and Roberts, JJ., would grant. Order entered.

Linda McCoy, Individually and on behalf of the Wrongful Death Beneficiaries of Robin McCoy, Deceased and Daniel and Jeweline Lee, Individually and on behalf of the Wrongful Death Beneficiaries of Dana Lee, Deceased v. City of Florence, City of Richland and Rankin County Sheriff's Department; Rankin Circuit Court; LC Case #: 2002-149; Ruling Date: 03/21/2005; Ruling Judge: William Chapman, III; Disposition: The appellant's motion for rehearing is denied. Order entered.