11/17/2015 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2014-KA-00424-COA

Willie B. Taylor a/k/a Willie Taylor v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-0198 (E); Ruling Date: 10/01/2013; Ruling Judge: John Emfinger; Majority Opinion: James, J. Disposition: The judgment of the Madison County Circuit Court of conviction of receiving stolen property and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without the possibility of parole or probation and to pay a $10,000 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Justin Springer a/k/a Justin Donte Springer a/k/a Justin D. Springer v. State of Mississippi; Lee Circuit Court; LC Case #: CV 14-017; Ruling Date: 05/22/2014; Ruling Judge: James Roberts, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Lee County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

Ashendrias E. Reed a/k/a Ashendrias Xavier Reed a/k/a Ashendrias Reed v. State of Mississippi; Forrest Circuit Court; LC Case #: 14-063-CR; Ruling Date: 09/25/2014; Ruling Judge: Robert Helfrich; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of grand larceny and sentence as a habitual offender of five years in the custody of the Mississippi Department of Corrections, without the benefit of probation, parole, or any form of early release, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Gerry D. Jackson a/k/a Donell Jackson a/k/a Gerry Donell Jackson a/k/a Gerry Donnell Jackson v. State of Mississippi; Amite Circuit Court; LC Case #: 13-KR-037; Ruling Date: 10/08/2014; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Amite County Circuit Court denying the motion for postconvicton relief is affirmed. All costs of this appeal are assessed to Amite County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

William Henderson a/k/a William E. Henderson a/k/a William Earl Henderson v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2012-1300; Ruling Date: 04/09/2013; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied.

Arthur Edward Mamiaro, Jr. v. Marketa (Blazkova) Mamiaro; DeSoto Chancery Court; LC Case #: 11-08-1555; Ruling Date: 11/08/2013; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Lee, C.J., and Carlton, J., would grant.

Sabrina Lynn Welton v. Daniel Westmoreland; Lafayette Chancery Court; LC Case #: 2009-327(W); Ruling Date: 02/12/2014; Ruling Judge: Robert Whitwell; Majority Opinion: Wilson, J. Disposition: The judgment of the Chancery Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Irving, P.J., and James, J. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: Irving, P.J., and James, J., Join This Opinion.

Dequan Berry v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-619(1)(2); Ruling Date: 10/29/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of two counts of armed robbery and sentence of two concurrent terms of thirty years, with twelve years suspended and eighteen years to serve for each count, plus an additional term of five years under the gun-enhancement statute, to run consecutively to the armed-robbery sentences, 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., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Gregory L. Mastin a/k/a Gregory Mastin v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0135-CR1H; Ruling Date: 03/05/2014; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Circuit Court is reversed and rendered. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

David Ruppert and Paul Franken v. MAV6 Holdings, LLC; MAV6 Employee Equity Program, LLC; A. Jay Harrison; and Buford C. Blount, III; Lamar Chancery Court; LC Case #: 2013-0645-GN-G; Ruling Date: 03/21/2014; Ruling Judge: Deborah Gambrell; Disposition: The motion for rehearing is denied.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-023(W); Ruling Date: 05/19/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied.

Rodney Maurice Williams v. Courtney Darlene Williams; DeSoto Chancery Court; LC Case #: 13 - CV-1231; Ruling Date: 08/22/2014; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: Lee, C.J., Carlton, Maxwell and James, JJ., Concur. Fair, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J., Barnes, Ishee and Wilson, JJ. Dissenting Opinion: Fair, J. Votes: Griffis, P.J., Barnes, Ishee and Wilson, JJ., Join This Opinion.

Lynda Dianne Robinette a/k/a Lynda Robinette a/k/a Lynda Robinette-McNair v. State of Mississippi; Madison Circuit Court; LC Case #: 2013- 0481; Ruling Date: 10/20/2014; Ruling Judge: William Chapman, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court of conviction of driving under the influence, first offense, and fine of $700, and sentence of forty-eight hours in the custody of the Madison County Sheriff's Department, with the sentence suspended for two years unless sooner invoked; and conviction of running a stop sign and fine of $50; and conviction of following too closely and fine of $50 is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. Ishee, J., Dissents With Separate Written Opinion. Dissenting Opinion: Ishee, J.