11/16/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Irving, Tyree
X  2009-CA-01619-COA

Diane Smith, R. N. v. Wesley Health System, LLC d/b/a Wesley Medical Center; Lamar Circuit Court; LC Case #: 2007-379; Ruling Date: 08/31/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lamar County is affirmed. All costs of this appeal are assessed against the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Cedric King a/k/a Cedric Lamar King v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2009-0020CVL; Ruling Date: 09/25/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Montgomery County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Allan J. Tew v. Siemens Power Transmission and Liberty Mutual Insurance Co.; Rankin Circuit Court; LC Case #: 2009-0094-R; Ruling Date: 06/12/2009; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

John Forrest v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2009-0043CR; Ruling Date: 10/12/2009; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Montgomery County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years; and Count II, possession of a firearm by a convicted felon, and sentence of ten years, all as a habitual offender, without eligibility for parole or probation, with the sentence imposed in Count II to run consecutively to the sentence imposed in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

James McCoy v. State of Mississippi; Union Circuit Court; LC Case #: UK06-171; Ruling Date: 11/02/2009; Ruling Judge: Robert Elliott; Majority Opinion: Lee, P.J. Disposition: The judgment of the Union County Circuit Court denying the motion for post-conviction relief is reversed, and this case is remanded for an evidentiary hearing. All costs of this appeal are assessed to Union County. Votes: King, C.J., Myers, P.J., Irving, Barnes, Ishee and Roberts, JJ., concur. Griffis and Maxwell, JJ., concur in result only without separate written opinion. Carlton, J., dissents without separate written opinion.

Ronnie E. Noblin, Henry C. Noblin, Jr., Thomas C. Noblin, Robbie Noblin, Nell Noblin Johnson, Diane Boykin and Joyce Miller v. Sammy Burgess and Sheila McDill, Co-Executors of the Last Will and Testament of Robert H. Noblin and Individually as Sole Devisees and Beneficiaries; Smith Circuit Court; LC Case #: 2007-130; Ruling Date: 06/27/2008; Ruling Judge: Robert Evans; Disposition: The motion for rehearing is denied. Irving and Carlton, JJ., not participating. Order entered.

Bob Best, Jr. v. Larry Jess McCachren, Jr.; Yalobusha Chancery Court 1st District; LC Case #: 06-12-129; Ruling Date: 03/31/2008; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Charles B. Graves, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2009-0082; Ruling Date: 03/12/2009; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Barnes, J., not particiapting. Order entered.