11/19/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2012-KM-01787-COA

Benjamin Russell a/k/a Benjamin Rodgers Russell a/k/a Benjamin R. Russell a/k/a Benjamin Rodger Russell v. State of Mississippi; Rankin Circuit Court; LC Case #: 23,837-C; Ruling Date: 09/26/2012; Ruling Judge: William Chapman, III; Majority Opinion: Fair, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I, speeding, and sentence to pay a $50 fine; and Count II, driving under the influence, first offense, and sentence of forty-eight hours in the Rankin County Jail, with the sentence suspended while on six months' probation, and to pay a $750 fine, 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 and James, JJ., Concur. Carlton, J., Not Participating.

Robert W. Deyarmett a/k/a Robert Wayne Deyarmett a/k/a Robert Deyarmett a/k/a Robert Deymarett v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-00240; Ruling Date: 08/20/2012; Ruling Judge: Lisa Dodson; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Hancock County of conviction of Count I, touching of a child for lustful purposes, and sentence of fifteen years; and Count II, touching of a child for lustful purposes, and sentence of fifteen years, with fifteen years suspended and five years of reporting probation, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, without eligibility for probation or parole, and to pay a $2,000 fine and $300 to the Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

James Williams v. Mississippi Department of Employment Security; DeSoto Circuit Court; LC Case #: CV2012-202RCD; Ruling Date: 12/07/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Richard Ward Peterson v. Josephine C. Peterson; Warren Chancery Court; LC Case #: 2004-178-GN; Ruling Date: 01/03/2012; Ruling Judge: Vicki Barnes; Majority Opinion: Maxwell, J. Disposition: The judgment of the Warren County Chancery Court is reversed and remanded on direct appeal and affirmed on cross-appeal. All costs of this appeal are divided equally between the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Not Participating.

Andrew Conwill v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0147; Ruling Date: 05/25/2012; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Fair and James, JJ., Concur. Carlton, J., Not Participating.

Arthur H. Noble, Individually and Noble Real Estate, Inc. v. Wellington Associates, Inc., William D. Horne, and The Ohio Casualty Insurance Company; Madison Circuit Court; LC Case #: 2010-471(E); Ruling Date: 07/30/2012; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Griffis, P.J., Not Participating.

Dolly E. Gray v. Framme Law Firm of MS, P.C.; and Framme Law Firm, P.C.; Holmes Circuit Court; LC Case #: 2010-0353; Ruling Date: 08/27/2012; Ruling Judge: Jannie Lewis; Majority Opinion: Ishee, J. Disposition: The judgment of the Holmes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Griffis, P.J., Dissents Without Separate Written Opinion. James, J., Not Participating.

Arthur Wilde v. Mississippi Parole Board; Hinds Circuit Court 1st District; LC Case #: 251-11-173 CIV; Ruling Date: 04/09/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

David Gill a/k/a David A. Gill v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0371-CR1; Ruling Date: 02/23/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections, followed by five years of post-release supervision, and to pay a fine of $5,000, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Wells Fargo Advisors, LLC v. Hubert L. Runnels, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-11-608-CV; Ruling Date: 03/14/2012; Ruling Judge: Winston Kidd; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result.

Terrance Barker a/k/a Terrance Lashawn Barker a/k/a Shawn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0109-CVIC; Ruling Date: 09/07/2012; Ruling Judge: Lee Coleman; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Saheed Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-513; Ruling Date: 07/27/2011; Ruling Judge: William Gowan, Jr.; Disposition: The motion for rehearing is denied.

Aimee Bracey Porter a/k/a Aimee Porter v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0214H; Ruling Date: 02/07/2012; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Griffis, P.J, and Maxwell, J., would grant. Carlton, J., not participating.

Alisha Vanwey a/k/a Alisha Gadd a/k/a Alisha Renae Gadd a/k/a Alisha Renea Gadd a/k/a Alisha R. Gadd a/k/a Alisha R. Vanwey a/k/a Alisha Renee Van Wey a/k/a Alisha R. Vanway a/k/a Alisha Renee Woods a/k/a Alisha Woods a/k/a Alisha Renae Wey a/k/a Alisha Renae Vanney v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-326-GCD; Ruling Date: 01/05/2012; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.

Jimmy Harris v. Mississippi Parole Board; Rankin Circuit Court; LC Case #: 2012-103E; Ruling Date: 07/20/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Chakakhan Davis v. Office Max; Warren Circuit Court; LC Case #: 11, 0069-CI; Ruling Date: 08/06/2012; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied.