11/21/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-KM-02027-COA

John Edgar Carr v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK04-430MC; Ruling Date: 10/21/2005; Ruling Judge: Henry Lackey; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of DUI 1st and failure to dim headlights and sentence of 48 hours (2 days) in the Lafayette County Detention Center and a fine of $1000 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 and Ishee, JJ., concur. Southwick, J., concurs in result only.

John Poynor, Sr. v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR-2005-45-B-P(2); Ruling Date: 10/07/2005; Ruling Judge: Andrew Baker; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Panola County of Conviction of Count One, Statutory Rape, and sentence of ten years, with five years suspended, and Count Three, Child Fondling, and sentence of five years, all in the custody of the Mississippi Department of Corrections, with Counts One and Three to run consecutively to each other, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Roberts, JJ., concur. Southwick and Irving, JJ., concur in result only.

Joseph Erich Willing, Jr., and Jeanette Willing, Individually, and as Parent and Natural Guardian of the Minors Joseph Brandon Willing and Chadwick Mitchell Willing, and as Administratrix of the Estate of Joseph Erich Willing, Sr., Deceased v. Richard Benz, Jr., and The City of Greenwood, Mississippi; Leflore Circuit Court; LC Case #: 2002-0004CI; Ruling Date: 12/08/2004; Ruling Judge: W. Hines; Majority Opinion: Barnes, J. Disposition: The judgment of the Leflore County Circuit Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed in equal parts to the appellants and appellee Richard Benz, Jr. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Ishee and Roberts, JJ., concur. Griffis, J., not participating.

Patrick L. Jones v. State of Mississippi; Warren Circuit Court; LC Case #: 04-0010-CIV; Ruling Date: 05/03/2005; Ruling Judge: Frank Vollor; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Warren County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

John F. Rhone v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 04-CV-231(R); Ruling Date: 06/29/2005; Ruling Judge: Larry Roberts; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Ishee, JJ., concur. Roberts, J., not participating.

Will King v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-99-0068; Ruling Date: 05/13/2005; Ruling Judge: Larry Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Coahoma County denying post-conviction relief is affirmed. The case is remanded for corrections to the sentencing orders as indicated in this opinion. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Betty Jo Walker v. McClendon Carpet Service, Inc.; Rankin Circuit Court; LC Case #: 2002-001; Ruling Date: 04/15/2005; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Rankin County is reversed and remanded. Costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only.

William D. Allen, Deceased, by and through Darlene W. Allen, His Widow, as His Personal Representative; and Darlene W. Allen, Individually v. Choice Hotels International; Harrison Circuit Court 1st District; LC Case #: A2401-98-00325; Ruling Date: 11/23/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

W. D. Anderson a/k/a W. D. Anderson, Jr. v. State of Mississippi; Holmes Circuit Court; LC Case #: 2005-231; Ruling Date: 04/08/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Holmes County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Holmes County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Evelyn Tolbert, Administratrix of the Estate of Elizabeth Moffett v. Southgate Timber Company; Jones Chancery Court 1st District; LC Case #: 2000-0135-E; Ruling Date: 11/02/2005; Ruling Judge: Sarah Springer; Majority Opinion: Southwick, J. Disposition: The judgment of the Jones County Chancery Court is reversed and the cause is remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Kayo Kinta Booker v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2005-C171; Ruling Date: 12/05/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Yazoo County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Yazoo County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

David Ward v. State of Mississippi; Rankin Circuit Court; LC Case #: 2003-163R; Ruling Date: 06/01/2005; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Rankin County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Ray Charles Lenoir v. State of Mississippi; Monroe Circuit Court; LC Case #: CV-04-452-AM; Ruling Date: 08/22/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Lee, P.J. Disposition: The judgment of the Monroe County Circuit Court is reversed and remanded. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Havis B. Byrd v. Mississippi Power Company, a Mississippi Corporation; Forrest Circuit Court; LC Case #: CI02-0419; Ruling Date: 09/08/2004; Ruling Judge: Robert Helfrich; Majority Opinion: King, C.J. Disposition: The appeal is dismissed. The case is remanded to the trial court for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Sean Terrell Wheeler v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2005-40-LP2; Ruling Date: 11/21/2005; Ruling Judge: Ann Lamar; Majority Opinion: King, C.J. Disposition: The judgment of the Panola County Circuit Court of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections and five years of post-release supervision is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

In the Matter of the Estate of Clyde V. Woodfield, Deceased, and In the Matter of the Conservatorship of Michael A. Woodfield: John V. Woodfield v. Sharon McCoy Woodfield, Administratrix of the Estate of Clyde V. Woodfield, Deceased, and Alfred R. Koenenn, Guardian Ad Litem and Temporary Conservator of Michael A. Woodfield; Harrison Chancery Court 1st District; LC Case #: C2401-01-2528; Ruling Date: 10/17/2003; Ruling Judge: William Griffin, Jr.; Majority Opinion: Southwick, J. Disposition: The motion for rehearing is granted. The earlier opinion is withdrawn. The judgment of the Chancery Court of Harrison County is affirmed except as to the award of attorneys' fees of $22,155.78 and of $15,220.78, plus interest. The portion of the judgment awarding those fees is reversed and the cause is remanded for proceedings consistent with this opinion. All costs of this appeal are assessed two-thirds to the appellant and one-third to the appellees. Votes: King, C.J., Griffis, Ishee and Roberts, JJ., concur. Lee, P.J., concurs in part and dissents in part with separate written opinion, joined by Myers, P.J. and Barnes, J. Irving and Chandler, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Lee, P.J. Votes: Myers, P.J. and Barnes, J., join this opinion.

James Leslie Henderson v. Stacey Gordon Henderson; Madison Chancery Court; LC Case #: 2002-058; Ruling Date: 05/28/2004; Ruling Judge: William Lutz; Majority Opinion: Myers, P.J. Disposition: The motion for rehearing is denied, and the original opinion is withdrawn and the present opinion is substituted in lieu thereof. The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Curtis Kelly v. State of Mississippi; Rankin Circuit Court; LC Case #: 15396; Ruling Date: 08/31/2004; Ruling Judge: Kent McDaniel; Disposition: The appellant's motion for rehearing is denied. Order entered.

Ricky C. Miles and Christy M. Young v. Tony L. Miles; Webster Chancery Court; LC Case #: 2003-81-C; Ruling Date: 12/14/2004; Ruling Judge: Dorothy Colom; Disposition: The appellants' motion for rehearing is denied. Order entered.

Feliciana Bank & Trust v. Manuel & Sessions, L.L.C.; Wilkinson Circuit Court; LC Case #: 02-0024; Ruling Date: 06/14/2005; Ruling Judge: Lillie Sanders; Majority Opinion: Southwick, J. Disposition: The judgment of the Wilkinson County Circuit Court is reversed and the cause is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Lee, P.J., concurs in result only.

Total Transportation, Inc. of Mississippi and Protective Insurance Company v. Gerry Lynn Shores, Widow and Dependent of Phillip Shores, Deceased; Rankin Circuit Court; LC Case #: 2005-99-R; Ruling Date: 09/19/2005; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Rankin County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Myers, P.J., Griffis, Barnes, Ishee and Roberts, JJ., concur. Chandler, J., dissents with a separate written opinion, joined by King, C.J., Southwick and Irving, JJ. Dissenting Opinion: Chandler, J. Votes: King, C.J., Southwick and Irving, JJ., join this opinion.