11/20/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2006-CA-00255-COA

Tyrone Morton and Annie Morton v. City of Shelby and James Carmicle, In His Individual and Official Capacity; Bolivar Circuit Court 2nd District; LC Case #: 2004-0129; Ruling Date: 01/17/2006; Ruling Judge: Larry Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Bolivar County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Daron J. Rouster v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 050497; Ruling Date: 12/15/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County, First Judicial District, of conviction of count one murder and sentence of life imprisonment, and counts two and three aggravated assault and sentence of twenty years for each count, with all sentences 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: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Joseph Blount, in His Official Capacity as Chairman and Commissioner of the Mississippi State Tax Commission v. ECO Resources, Inc.; Harrison Chancery Court 2nd District; LC Case #: C2402 03-824; Ruling Date: 03/23/2006; Ruling Judge: James Persons; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed in part, and reversed and rendered in part. All costs of this appeal are assessed in equal parts to the appellant and the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Johnny W. Ladd v. State of Mississippi; Neshoba Circuit Court; LC Case #: 05-CR-0122-NS-G; Ruling Date: 03/09/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of statutory rape and sentence of twenty years in the custody of the Mississippi Department of Corrections, with five years to be suspended upon completion of fifteen years, and five years of post-release supervision is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Rickey W. Ellzey v. Sherry L. James, formerly Sherry L. Waller; Jones Chancery Court 2nd District; LC Case #: 2001-0621; Ruling Date: 04/06/2006; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Jones County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Kristopher R. Peacock v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-1-403 CRY; Ruling Date: 07/28/2005; Ruling Judge: W. Yerger; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of murder and sentence of a term of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Hance Chatavius West v. State of Mississippi; Washington Circuit Court; LC Case #: 2006-100; Ruling Date: 07/21/2006; Ruling Judge: W. Hines; Majority Opinion: Irving, J. Disposition: The judgment of the Washington County Circuit Court of conviction of aggravated assault in Count I and sentence of twenty years in the custody of the Mississippi Department of Corrections and conviction of felony failure to stop in Count II and sentence of five years in the custody of the Mississippi Department of Corrections, said sentence to run consecutively to the sentence in Count I, is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Larry M. Moore v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-016cr; Ruling Date: 11/08/2006; Ruling Judge: C. Morgan, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Winston County of conviction of sale of cocaine and sentence of twelve years, with four years suspended and five years of post-release supervision, for a total of eight years to serve in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Winston County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Riley Ghoston v. Debbie A. Jones Ghoston; Montgomery Chancery Court; LC Case #: 05-7-0127PL; Ruling Date: 08/02/2006; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Montgomery County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., concurs in part and dissents in part. Irving, J., not participating.

Frank McWilliams v. John H. McWilliams, As Trustee of the D. Rials McWilliams Trust, And Individually; And, D. Rials McWilliams, A Minor; Sunflower Chancery Court; LC Case #: 2005-0302; Ruling Date: 11/22/2006; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Gulf City Seafoods, Inc. v. Oriental Foods, Inc.; Jackson Circuit Court; LC Case #: CI-2004-00,276(2); Ruling Date: 01/23/2006; Ruling Judge: Kathy Jackson; Majority Opinion: King, C.J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur. Ishee, J., not participating.

Devail Hudson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0058-CR; Ruling Date: 09/18/2004; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. King, C.J., would grant. Order entered.

Roger A. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2003-490-48-L; Ruling Date: 02/01/2005; Ruling Judge: Talmadge Littlejohn; Disposition: The appellant's motion for rehearing is denied. Order entered.

Roger A. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2003-490-48-L; Ruling Date: 02/01/2005; Ruling Judge: Talmadge Littlejohn; Disposition: The appellee's motion for rehearing is denied. Order entered.

Chico Craft v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-1233; Ruling Date: 10/12/2005; Ruling Judge: Bobby DeLaughter; Disposition: The appellant's motion for rehearing is denied. Order entered.

Lee E. Dismuke v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-010(PF)L; Ruling Date: 12/07/2005; Ruling Judge: Paul Funderburk; Disposition: The appellant's motion for rehearing is denied. Order entered.

Lisa Hinton Council v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-627-CR; Ruling Date: 05/10/2005; Ruling Judge: Robert Helfrich; Disposition: The appellant's motion for rehearing is denied. King, C.J., would grant. Order entered.

Jeffrey B. Harvey a/k/a Jeffrey Harvey v. State of Mississippi; Tate Circuit Court; LC Case #: CV2005-0375BT; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Consolidated with 2006-CP-00585-COA Jeffrey B. Harvey a/k/a Jeffrey Harvey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2005-0389BD; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Disposition: The appellant's motion for rehearing is denied. Order entered.

Jeffrey B. Harvey a/k/a Jeffrey Harvey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2005-0389BD; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Consolidated with 2006-CP-00553-COA Jeffrey B. Harvey a/k/a Jeffrey Harvey v. State of Mississippi; Tate Circuit Court; LC Case #: CV2005-0375BT; Ruling Date: 03/20/2006; Ruling Judge: Andrew Baker; Disposition: The appellant's motion for rehearing is denied. Order entered.

Timothy Edward Myers v. State of Mississippi; Jackson Circuit Court; LC Case #: 95-10810(3); Ruling Date: 11/29/2005; Ruling Judge: Robert Krebs; Disposition: The appellant's motion for rehearing is denied. Order entered.

Bruce Lawrence v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0560-CV; Ruling Date: 07/27/2006; Ruling Judge: Lee Howard; Disposition: The appellant's motion for rehearing is denied. Chandler, J., not participating. Order entered.