11/15/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-CA-00450-COA

Aaron Love v. Jennifer Lynn Love; Washington Chancery Court; LC Case #: 0800019; Ruling Date: 09/29/2009; Ruling Judge: Marie Wilson; Majority Opinion: Maxwell, J. Disposition: The judgment of the Washington County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Russell, JJ., concur. Irving, P.J., concurs in part and in the result. Myers and Carlton, JJ., not participating.

Homer D. Thompson, III v. True Temper Sports, Inc. a/k/a True Temper Corporation; Monroe Circuit Court; LC Case #: CV10-005-GM; Ruling Date: 06/16/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Myers, J., not participating.

Krista Rhodes v. Ronnie Raffeo; Harrison Circuit Court 2nd District; LC Case #: A2402-08-307; Ruling Date: 11/24/2009; Ruling Judge: Lawrence Bourgeois, Jr.; 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: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Charlie D. Taylor v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-190CR(Y); Ruling Date: 09/25/2009; Ruling Judge: W. Yerger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of Count I, murder, and sentence of life; Count II, aggravated assault, and sentence of twenty years; Count IV, aggravated assault, and sentence of twenty years; Count V, aggravated assault, and sentence of twenty years; and Count VI, shooting into an occupied dwelling, and sentence of ten years, with the sentences to run consecutively, all 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., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Roundstone Development, LLC v. City of Natchez, Mississippi and The Mayor & Board of Aldermen of the City of Natchez, Mississippi; Adams Circuit Court; LC Case #: 08-KV-0021-J; Ruling Date: 01/14/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Russell, J. Irving, P.J., not participating. Dissenting Opinion: Carlton, J. Votes: Russell, J., joins this opinion.

Willie Earl Riley v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,420; Ruling Date: 07/27/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Holmes County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Holmes County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Loretta Nichols v. Danyel N. Nichols; Harrison Chancery Court 1st District; LC Case #: 2008-00772(4); Ruling Date: 05/06/2010; Ruling Judge: Carter Bise; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Donald R. Whitfield v. State of Mississippi; Monroe Circuit Court; LC Case #: CR2007-145; Ruling Date: 07/01/2010; Ruling Judge: James Pounds; Majority Opinion: Lee, C.J. Disposition: The judgment of the Monroe County Circuit Court of conviction of Count I, fondling, and sentence of seven years, with five years suspended and five years of post-release supervision, and Count II, sexual battery, and sentence of thirty years, with the sentence in Count I to run consecutively to the sentence in Count II, all in the custody of the Mississippi Department of Corrections, and to pay $1,000 in restitution to the Mississippi Children's Trust Fund, is affirmed. All costs of this appeal are assessed to Monroe County. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur.

Anthony Mercie Expose v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2009-93; Ruling Date: 07/21/2010; Ruling Judge: John Gargiulo ; Majority Opinion: Lee, C.J. Disposition: The judgment of the Stone County Circuit Court is reversed, and this case is remanded for futher proceedings consistent with this opinion. All costs of this appeal are assessed to Stone County. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Odessia Humphrey a/k/a Odessa Humphries and Michael C. Blue v. State of Mississippi; Lincoln Circuit Court; LC Case #: 10-010-LS; Ruling Date: 09/16/2010; Ruling Judge: David Strong, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of Odessia Humphrey of Count I, robbery, and sentence of fifteen years, with ten years to serve, five years suspended, and five years of post-release supervision; and Count II, conspiracy, and sentence of five years, with five years suspended and five years of post-release supervision, with the sentences in Counts I and II to run consecutively, all in the custody of the Mississippi Department of Corrections; and to pay a $5,000 fine, $1,050 in restitution to Jesse Maxwell, and $250 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Lincoln County. The judgment of the Lincoln County Circuit Court of conviction of Michael C. Blue of Count I, robbery, and sentence of fifteen years to serve; and Count II, conspiracy, and sentence of five years, with five years suspended and five years of post-release supervision, with the sentences in Counts I and II to run consecutively, all in the custody of the Mississippi Department of Corrections; and to pay a $5,000 fine, $1,050 in restitution to Jesse Maxwell, and $250 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2007-25; Ruling Date: 11/03/2009; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed in part, reversed and rendered in part, and remanded for further proceedings consistent with this opinon. All costs of this appeal are assessed to the appellee/cross-appellant. Votes: Griffis, P.J., Barnes and Roberts, JJ., concur. Lee, C.J., concurs in part and dissents in part with separate written opinion joined by Irving, P.J., and Russell, J. Carlton, J., concurs in part and dissents in part with separate written opinion. Myers and Ishee, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Lee, C.J. Votes: Irving, P.J., and Russell, J., join this opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Cecil Junior Pruitt v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-088(W); Ruling Date: 01/26/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jeffrey Wayne Yeatman v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0476-CV; Ruling Date: 06/18/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Amy Madden v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-509-CR; Ruling Date: 06/16/2010; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, J. Disposition: The judgment of the Forrest County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Barnes, Ishee, Roberts and Russell, JJ., concur. Irving and Griffis, P.JJ., concur in part and in the result without separate written opinion. Carlton and Maxwell, JJ., dissent without separate written opinion.

Roger Patterson v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2008-057; Ruling Date: 08/11/2010; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Order entered.

Robert L. McClatchy, III v. Brotherhood's Relief & Compensation Fund; Adams Circuit Court; LC Case #: 08-KV-0005-J; Ruling Date: 07/30/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Order entered.