11/18/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CA-00295-COA

Robert Edward Faerber v. April Faerber; Lauderdale Chancery Court; LC Case #: 05-244-P-M; Ruling Date: 01/16/2013; Ruling Judge: Jerry Mason; Majority Opinion: James, J. Disposition: The judgment of the Lauderdale County Chancery Court is affirmed on direct appeal and cross-appeal. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Griffis, P.J., Not Participating.

In the Matter of the Removal of Azalean Rogers a/k/a Azalean Jones from the Board of Aldermen of the City of Boyle, Mississippi: Azalean Rogers v. State of Mississippi, Office of the Attorney General, Hon. Jim Hood; Bolivar Circuit Court 2nd District; LC Case #: 2013-0016; Ruling Date: 05/31/2013; Ruling Judge: Charles Webster; Consolidated with 2013-CP-01184-COA Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5581; Ruling Date: 06/06/2013; Ruling Judge: Johnnie Walls, Jr.; Consolidated with 2013-CP-01188-COA Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5582; Ruling Judge: Charles Webster; Majority Opinion: Fair, J. Disposition: The judgments of the Circuit Court of Bolivar County are affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Barnes, J., Not Participating.

Christy A. Harper v. Norman Edwards; Panola Circuit Court 1st District; LC Case #: CV2012-96 JMP1; Ruling Date: 05/17/2013; Ruling Judge: James McClure, III; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Panola County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Clarence Dwayne Jefferson a/k/a Clarence D. Jefferson a/k/a Clarence Jefferson v. State of Mississippi; Marion Circuit Court; LC Case #: K13-0010; Ruling Date: 10/18/2013; Ruling Judge: Prentiss Harrell; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of felony DUI and sentence as a habitual offender of five years in the custody of the Mississippi Department of Corrections, with one year suspended and four years to serve, and to pay a $1,000 fine and $1,000 to the Marion County Public Defender's Fund, is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

April Serrano v. Laurel Housing Authority ; Jones Circuit Court 2nd District; LC Case #: 2012-12-CV2; Ruling Date: 09/26/2013; Ruling Judge: Billy Landrum; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jones County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Vadell Johnson a/k/a Vadell C. Johnson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: M-2013-18; Ruling Date: 09/19/2013; Ruling Judge: Albert Smith, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Bolivar County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Jeffrey Keefe Seale, Sr. v. Cherie Nanez Seale; Lauderdale Chancery Court; LC Case #: 11-454-P; Ruling Date: 07/31/2013; Ruling Judge: Lawrence Primeaux; Majority Opinion: Carlton, J. Disposition: The judgment of the Lauderdale County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Tyler Graham a/k/a Tyler Lane Graham v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2013-0030-CV1L; Ruling Date: 07/16/2013; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Carroll County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Carroll County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Department of Agriculture and Commerce and Mississippi State Agencies Workers' Compensation Trust v. Hugh K. Austin; LC Case #: 1104125-K-8191-E; Ruling Date: 01/17/2014; Majority Opinion: Carlton, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Freddrick Stamps v. State of Mississippi; Sharkey Circuit Court; LC Case #: 13,011C; Ruling Date: 06/18/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Sharkey County Circuit Court is affirmed. All costs of this appeal are assessed to Sharkey County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Singing River Health System consisting of Singing River Hospital; Ocean Springs Hospital; Memorial Hospital at Gulfport and Garden Park Medical Center v. Mississippi State Department of Health and Harrison HMA, LLC, d/b/a Gulf Coast Medical Center; Hinds Chancery Court 1st District; LC Case #: G2013-29W/4; Ruling Date: 04/15/2013; Ruling Judge: Patricia Wise; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed, and this case is remanded to the Hinds County Chancery Court for a determination of the amount of attorney's fees. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Derrick Randle a/k/a Derrick Cox v. State of Mississippi; Holmes Circuit Court; LC Case #: 2012-0368; Ruling Date: 01/11/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Holmes County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

SKL Investments, Inc. v. Natalie T. Hardin and Leslie B. Torrence; Lafayette Chancery Court; LC Case #: 2010-470(R); Ruling Date: 05/29/2013; Ruling Judge: Glenn Alderson; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Not Participating.

Joshua Daniel Graham a/k/a Joshua D. Graham a/k/a Joshua Graham v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2012-502RCD; Ruling Date: 05/28/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of aggravated assault upon a law enforcement officer and sentence of eighteen years in the custody of the Mississippi Department of Corrections, followed by twelve years post-release supervision, and to pay a $1,000 fine and $100 to the crime victims' compensation fund is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Robert Fitzgerald Smith a/k/a Robert Smith a/k/a Robert F. Smith v. State of Mississippi; Washington Circuit Court; LC Case #: CR2009-0066; Ruling Date: 12/12/2012; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Washington County of conviction of statutory rape and sentence of twenty years in the custody of the Mississippi Department of Corrections, with eleven years to serve, nine years suspended, and five years of supervised probation, and to pay $500 to the crime victims' compensation fund is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

D'Andre Terrell a/k/a D'Andre M. Terrell a/k/a Dandre Marshaund Terrell v. State of Mississippi; Copiah Circuit Court; LC Case #: 2013-0001; Ruling Date: 05/20/2013; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Copiah County Circuit Court of conviction of driving under the influence, first offense, and sentence to pay a $500 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Regina Diane Weathers v. Scotty Wade Guin; Itawamba Chancery Court; LC Case #: CV2007-00174-29-H; Ruling Date: 07/01/2013; Ruling Judge: John Hatcher; Majority Opinion: Irving, P.J. Disposition: The judgment of the Itawamba County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

K. N., as the Natural Mother and Next Friend of M. N., a Minor v. Moss Point School District and Kim Staley, Superintendent; Jackson Circuit Court; LC Case #: 2011-00103(1); Ruling Date: 08/05/2013; Ruling Judge: Robert Krebs; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Jackson County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Not Participating.

Monica Carson v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-0208-E; Ruling Date: 09/05/2013; Ruling Judge: John Emfinger; Majority Opinion: Lee, C.J. Disposition: The judgment of the Madison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

In the Matter of the Last Will and Testament of Mabel Claire Hardin, Deceased: Rainbow Ranch, Inc. v. John Mike Hardin; Calhoun Chancery Court; LC Case #: 2007-105A; Ruling Date: 05/16/2012; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied.

Scott Herman Bates a/k/a Herman Bates v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-494; Ruling Date: 12/20/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. Carlton, J., not participating.

Terrell U. Williams a/k/a Terrell Undra Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-261; Ruling Date: 01/28/2013; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied.

Jeffery Ramer a/k/a Jeffrey Ramer v. State of Mississippi; Tippah Circuit Court; LC Case #: TK-2011-118; Ruling Date: 03/11/2013; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied.

James Wilson v. Pearlean Davis; Hinds Chancery Court 2nd District; LC Case #: G2007-165-W/4; Ruling Date: 07/01/2013; Ruling Judge: Patricia Wise; Consolidated with 2012-CA-00196-COA James Wilson v. Pearlean Davis; Hinds Chancery Court 2nd District; LC Case #: G2007-165 W/4; Ruling Date: 01/30/2012; Ruling Judge: Patricia Wise; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Barnes and James, JJ., Concur in Part and in the Result Without Separate Written Opinion. Roberts, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: Roberts, J. Votes: Irving, P.J., Joins This Opinion.

James John Rodgers a/k/a James J. Rodgers a/k/a James Rodgers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-11-00739; Ruling Date: 08/29/0213; Ruling Judge: John Gargiulo; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Lee, C.J., Dissents With Separate Written Opinion, Joined by Barnes, J. Dissenting Opinion: Lee, C.J. Votes: Barnes, J., Joins This Opinion.