11/18/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CA-01293-COA

James Britton v. American Legion Post 058, Post 058 Fire Protection District of Hancock County, Mississippi, John Does 1,2,&3, and X, Y, Z Corporations; Hancock Chancery Court; LC Case #: C2301-05-821(1); Ruling Date: 06/25/2007; Ruling Judge: James Persons; Majority Opinion: Carlton, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Marcus D. Cole a/k/a Marcus D. Harmon v. State of Mississippi; Attala Circuit Court; LC Case #: 07-0108-CR; Ruling Date: 10/03/2007; Ruling Judge: C. Morgan, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Attala County Circuit Court of conviction of felony fleeing of a law enforcement officer in a motor vehicle and sentence of five years in the custody of the Mississippi Department of Corrections, with four years suspended and on post-release supervision, is affirmed. All costs of this appeal are assessed to Attala County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Sean Antonio King a/k/a Sean Tony Edward King v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-726; Ruling Date: 10/11/2004; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur. Carlton, J., dissents with separate written opinion joined by Myers, P.J. Dissenting Opinion: Carlton, J. Votes: Myers, P.J., joins this opinion.

Patrick Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI07-0005; Ruling Date: 06/05/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Lavera Nelson Barker v. Raymond Barker; DeSoto Chancery Court; LC Case #: 05-04-0669ML; Ruling Date: 06/13/2007; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Carl Sherman Spurlock v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 532-05; Ruling Date: 05/11/2007; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of murder and sentence of life imprisonment as a habitual offender 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 Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Carlton, JJ., concur. Roberts, J., not participating.

Jerry Lee Jenkins, III v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-0094; Ruling Date: 05/03/2007; Ruling Judge: Lee Howard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of burglary of a dwelling and sentence of sixteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Krystal Marie Teston v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2005-0096; Ruling Date: 01/22/2007; Ruling Judge: Stephen Simpson; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of Counts I, II and III - driving under the influence and negligently causing the death of another, and Count IV - driving under the influence and negligently causing serious injury to another, and sentence of fifteen years on each count, with thirty years suspended and five years of post-release supervision, to be served consecutively in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., not participating.

Roy White and Kevin White d/b/a R & K Timber v. Joe Jordan; Newton Circuit Court; LC Case #: 06-CV-240-NWG; Ruling Date: 06/29/2007; Ruling Judge: Marcus Gordon; Consolidated with 2007-WC-01212-COA Roy White and Kevin White d/b/a R & K Timber v. George Lee Dukes; Newton Circuit Court; LC Case #: 06-CV-242-NWG; Ruling Date: 06/29/2007; Ruling Judge: Marcus Gordon; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Newton County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Lee, P.J., not participating.

King Young Brown, Jr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2002-329; Ruling Date: 12/12/2005; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. King, C.J., and Carlton, J., not participating. Order entered.

Willie Leech v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-148-CV1; Ruling Date: 03/05/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

John T. Whitley, Sr. v. City of Pearl, Mississippi; Hayles Towing & Recovery; R & L Towing; Capitol Body Shop; Halls Towing Service, Inc.; Ward 's Wrecker Service; Waste Management, Inc.; Pearl Automotive & Towing; and John Does; Rankin County Court; LC Case #: 2006-465; Ruling Date: 04/04/2007; Ruling Judge: Kent McDaniel; Disposition: The motion for rehearing is denied. Lee, P.J., not participating. Order entered.

John H. McWilliams v. D. Rials McWilliams, by and through His Mother and Natural Guardian, Jane Weathersby, and Frank L. McWilliams; Sunflower Chancery Court; LC Case #: 2005-0302; Ruling Date: 05/17/2007; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Dr. Bryce Dallas a/k/a Bryce Frederick Dallas v. State of Mississippi; Copiah Circuit Court; LC Case #: 14210-B; Ruling Date: 06/28/2007; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Order entered.

Alfred Randolph Smith, Jr. v. Brenna D. Smith; Hinds Chancery Court 2nd District; LC Case #: G2005-151; Ruling Date: 07/17/2007; Ruling Judge: Denise Owens; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed in part and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis and Barnes, JJ., concur. Chandler, J., concurs in part and dissents in part with separate written opinion joined by Ishee and Roberts, JJ. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Ishee and Roberts, JJ., join this separate opinion.

Ameristar Casino-Vicksburg and Legion Insurance Company, Employer and Carrier v. James Rawls; Warren Circuit Court; LC Case #: 06,0105CI; Ruling Date: 06/13/2007; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Order entered.

Joseph Henry v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2006-00309; Ruling Date: 07/05/2007; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.