11/17/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2008-CA-00381-COA

City of Jackson, Mississippi, and Miranda Morton v. Lynda Key Presley; Hinds Circuit Court 1st District; LC Case #: 251-99-465-CIV; Ruling Date: 12/18/2007; Ruling Judge: W. Yerger; Majority Opinion: Barnes, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., dissents without separate written opinion.

William Henry White a/k/a William White, Jr. v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2008-0139; Ruling Date: 09/22/2008; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Wilkinson County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Wilkinson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result.

Richard K. Dickerson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-021-CV-L; Ruling Date: 06/09/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Grenada County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

James Kendrick v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2006-0237-K; Ruling Date: 07/25/2007; Ruling Judge: Betty Sanders; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Sunflower County of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with this sentence to run consecutively to the sentence in Rankin County cause number 12,620, is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result.

Shawn Lawan McLaurin v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-314; Ruling Date: 02/08/2000; Ruling Judge: Tomie Green; Majority Opinion: Myers, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of rape and sentence of life 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., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

John Patrick Benal v. Angela Jean Benal; Madison Chancery Court; LC Case #: 2007-1150; Ruling Date: 06/30/2008; Ruling Judge: Cynthia Brewer; Majority Opinion: Myers, P.J. Disposition: The judgment of the Madison County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Willie Jackson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0220-CR; Ruling Date: 02/08/2008; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of sale of cocaine and sentence as a habitual offender of thirty years in the custody of the Mississippi Department of Corrections, without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Ramonz Payne v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-059W; Ruling Date: 07/02/2008; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lauderdale County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., not participating.

Rodarius Bonard Stewart a/k/a Robarius Stewart v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR04-262; Ruling Date: 08/05/2006; Ruling Judge: Sharion Aycock; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Nathaniel Walden v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,570; Ruling Date: 10/11/2006; Ruling Judge: Mike Smith; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Louis R. Reese v. State of Mississippi; Monroe Circuit Court; LC Case #: 06-051-AM; Ruling Date: 02/06/2007; Ruling Judge: Sharion Aycock; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Arthur D. Carlisle, Administrator of The Estate of Charles E. Allen, III, Deceased v. Janet Ellen Davis Allen; Pearl River Chancery Court; LC Case #: 02-0328-GN-TH; Ruling Date: 10/19/2007; Ruling Judge: James Thomas, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Cory Jermine Maye v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2002-0061E; Ruling Date: 11/02/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Jefferson Davis County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Jefferson Davis County. Votes: Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in part and in the result. Maxwell, J., dissents with separate written opinion joined by Myers, P.J. Lee, P.J., and Carlton, J., not participating. Dissenting Opinion: Maxwell, J. Votes: Myers, P.J., joins this opinion.

Floyd Robinson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0411-CR1; Ruling Date: 02/01/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. King, C.J., Irving and Barnes, JJ., would grant. Maxwell, J., not participating. Order entered.

Irene Stark and Husband, Kenneth Stark v. Greenwood Leflore Hospital, R. Bruce Newell, M.D., and Greenwood Orthopedic Clinic; Leflore Circuit Court; LC Case #: 2005-0121-CICI; Ruling Date: 06/15/2007; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

Claiborne County, Mississippi and Claiborne County Board of Supervisors v. Eddie Ray Parker; Claiborne Circuit Court; LC Case #: 2006-97; Ruling Date: 12/12/2007; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Order entered.

Brentwood Health Management of Mississippi, LLC d/b/a Children's Hospital of Vicksburg v. Mississippi State Department of Health; Hinds Chancery Court 1st District; LC Case #: G2007-1643 O/3; Ruling Date: 01/17/2008; Ruling Judge: Denise Owens; Disposition: The motion for rehearing is denied. Irving, J., not participating. Order entered.

Raymond H. Burdsal a/k/a Raymond H. Randy Burdsal v. Marshall County, Mississippi; Marshall Chancery Court; LC Case #: 04-0100; Ruling Date: 11/20/2007; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied. Order entered.

Omnova Solutions, Inc. v. Theresa Lipa; Lowndes Circuit Court; LC Case #: 2007-0094-CV1; Ruling Date: 02/27/2008; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Griffis and Maxwell, JJ., not participating. Order entered.