11/15/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2002-CA-01464-COA

Thomas A. Blanton, Individually, and as Derivative of Flexlink LLC, and T. Lee Horne, III, Individually, and as Horne Partnership v. Jenelle C. Prins and Bradley, Curley, Asiano & McCarthy; Forrest Chancery Court; LC Case #: 99-0100 GN-D; Ruling Date: 07/29/2002; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis and Barnes, JJ., concur. Irving, J., not participating.

Carlton Hudson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1998-0090; Ruling Date: 02/04/2003; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Oktibbeha County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee and Myers, P.JJ., Chandler, Griffis and Barnes, JJ., concur. Dissenting Opinion: Irving, J. Votes: King, C.J. and Bridges, J., join this opinion.

Frederick Daniel Dendy v. State of Mississippi; Monroe Circuit Court; LC Case #: CR02-243; Ruling Date: 09/19/2003; Ruling Judge: Sharion Aycock; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Monroe County of conviction of murder and sentence of life imprisonment 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., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

John Ross a/k/a Michael A. Smith v. State of Mississippi; Marion Circuit Court; LC Case #: K2003-0253P; Ruling Date: 06/03/2004; Ruling Judge: R. Prichard, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of grand larceny and sentence of five 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., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Kenneth Ray Fuller a/k/a Wizard v. State of Mississippi; Pike Circuit Court; LC Case #: 03-107-B; Ruling Date: 03/26/2004; Ruling Judge: Mike Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Pike County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Geoffrey Alan Bradley v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-00-847; Ruling Date: 03/08/2002; Ruling Judge: Robert Walker; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County, First Judicial District, of conviction of two counts of sexual battery and two counts of touching a child for lustful purposes and sentence of thirty years on each count of sexual battery and fifteen years on each count of touching a child for lustful purposes, with sentences to run concurrently, for a total of thirty years to serve, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Lamar McDonald a/k/a Lamar MacDonald v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2002-130P; Ruling Date: 08/08/2003; Ruling Judge: R. Prichard, III; Disposition: Appellant's motion for rehearing is denied.

Larry Harris a/k/a Larry Donnell Harris v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-694; Ruling Date: 06/13/2003; Ruling Judge: Bobby DeLaughter; Disposition: Appellant's motion for rehearing is denied.

Cheryl Robley, Ph.D. v. Blue Cross/Blue Shield of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00016; Ruling Date: 09/05/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Appellee's motion for rehearing is denied. Irving and Barnes, JJ., would grant. Griffis, J., not participating.

Kareem Latrell Baldwin a/k/a Trell Baldwin v. State of Mississippi; Adams Circuit Court; LC Case #: 01-KR-0045B-J; Ruling Date: 10/31/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellant's motion for rehearing is denied.

Amite County School District and Amite County School Board v. Charles W. Floyd a/k/a Charlie Floyd; Amite Chancery Court; LC Case #: 2003-156; Ruling Date: 11/03/2003; Ruling Judge: W. McGehee, II; Consolidated with 2003-CC-02703-COA Amite County School District and Amite County School Board v. Charles W. Floyd a/k/a Charlie Floyd; Amite Chancery Court; LC Case #: 2002-264; Ruling Date: 11/03/2003; Ruling Judge: W. McGehee, II; Majority Opinion: Barnes, J. Disposition: In Cause No. 2003-CC-02705-COA, the judgment of the Chancery Court of Amite County overturning the school board's discharge of Charles Floyd is reversed and rendered, and the decision of the Amite County School Board is reinstated. All costs of this appeal are assessed to the appellee. In Cause No. 2003-CC-02703-COA, the judgment of the Chancery Court of Amite County awarding attorneys' fees is reversed and remanded. On cross-appeal, the denial of Charles Floyd's request for injunctive relief and the denial of Floyd's motion to amend are affirmed. All costs of this appeal are assessed equally to the appellants and the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

The Mississippi Insurance Guaranty Association; Daniel P. Dare, M.D.; and River Region Medical Corporation v. Dot Brewer; Hinds Circuit Court 1st District; LC Case #: 251-96-751; Ruling Date: 12/09/2003; Ruling Judge: Bobby DeLaughter; Disposition: Appellee's motion for rehearing is denied.

Bilbo Bush v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV03-044(A)I; Ruling Date: 12/22/2003; Ruling Judge: Sharion Aycock; Disposition: Appellant's motion for rehearing is denied.

Kenneth Greer a/k/a Kenneth D. Greer a/k/a Kenneth Darnell Greer a/k/a Kenneth Green v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-03-0246; Ruling Date: 04/16/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Cindy Lea (Greene) Marter v. Jeffrey Duane Marter; Grenada Chancery Court; LC Case #: 02-09-255ML; Ruling Date: 12/16/2003; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Appellant's motion for rehearing is denied.

J. D. (Bubba) Williams v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR 2003-16; Ruling Date: 02/02/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Claiborne County of conviction of aggravated assault and sentence of fifteen years with five years suspended, ten years to serve in the custody of the Mississippi Department of Corrections and five years of post-release supervision is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Michelle Keith as Mother and Next Friend of the Minor Ward, Brandon Keith v. Betty Peterson and Kennon Peterson; Pearl River Circuit Court; LC Case #: 2003-0426; Ruling Date: 04/19/2004; Ruling Judge: R. Prichard, III; Disposition: Appellant's motion for rehearing is denied.

Jonathan Anderson a/k/a Jonathan Allen Anderson v. State of Mississippi; Simpson Circuit Court; LC Case #: 2003-267-K; Ruling Date: 03/23/2004; Ruling Judge: Robert Evans; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Simpson County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Simpson County. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Lina Digrazia v. Park Place Entertainment, d/b/a The Grand Casino and Insurance Company of the State of Pennsylvania; Harrison Circuit Court 2nd District; LC Case #: A-2402-02-00214; Ruling Date: 11/20/2003; Ruling Judge: Stephen Simpson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

Lorie G. Stevens, Individually, and as Mother and Next Friend of Gordon Joseph Stevens, III, a Minor, Jacob A. Stevens, a Minor, Jason R. Stevens, a Minor, and Jeffrey A. Stevens, a Minor v. Glenn R. Triplett; Warren Circuit Court; LC Case #: 00,0007-CI; Ruling Date: 05/04/2004; Ruling Judge: Frank Vollor; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

William Lynn Jackson a/k/a Larry Jackson v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0106-M; Ruling Date: 05/19/2004; Ruling Judge: W. Hines; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Sunflower County denying post-conviction relief is dismissed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

James Holloway v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2003-419P; Ruling Date: 04/23/2004; Ruling Judge: R. Prichard, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Pearl River County of conviction of armed robbery and sentence of life as a habitual offender 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, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Blaine Howze and Lisa Howze, Individually and on Behalf of Their Minor Son, Jarred Howze v. Carrie D. Garner, Executrix of the Estate of B. J. Garner, Deceased; Harrison Circuit Court 1st District; LC Case #: A2401-2002-00027; Ruling Date: 06/01/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

David Lee Barnes v. State of Mississippi; Covington Circuit Court; LC Case #: 2001-51K; Ruling Date: 07/19/2004; Ruling Judge: Robert Evans; Disposition: Appellant's motion for rehearing is denied.

Dorothy A. Washington v. Mississippi Employment Security Commission; Sunflower Circuit Court; LC Case #: 2003-0659(CM)(S); Ruling Date: 06/30/2004; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Maria Page v. Sherry Crawford a/k/a Sherrie Williamson; Lee Circuit Court; LC Case #: CV02-086(PF)L; Ruling Date: 11/01/2004; Ruling Judge: Paul Funderburk; Consolidated with 2003-CA-00978-COA Maria Page v. Sherry Crawford; Lee Circuit Court; LC Case #: CV02-086(PF)L; Ruling Date: 04/21/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur. Barnes, J., not participating.

Edwin Glenn Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2003-311; Ruling Date: 09/23/2003; Ruling Judge: Robert Walker; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Harrison County First Judicial District dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Antonio Boyd v. State of Mississippi; Newton Circuit Court; LC Case #: 04-CV-235-NW-G; Ruling Date: 11/19/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Bridges, J. Disposition: The judgment of the Newton County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Newton County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Jamie Christie, Jr. v. State of Mississippi; Marion Circuit Court; LC Case #: 2004-0331P; Ruling Date: 12/16/2004; Ruling Judge: R. Prichard, III; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Marion County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.