11/22/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2003-CA-02372-COA

Alfred Frye, Janet Frey, Patricia Miles, Belinda Nickels, Yvonne Norman, Marshall Banks and Darrious Berry v. Southern Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, Claiborne County Farm Bureau and Jefferson County Farm Bureau; Jefferson Circuit Court; LC Case #: 2002-327; Ruling Date: 09/26/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Jefferson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Julius Cashwell v. Glen Fincher d/b/a Fincher Electronics ; Harrison Circuit Court 1st District; LC Case #: A2401-2000-00479; Ruling Date: 08/12/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Robert Todd Coleman v. State of Mississippi; Clay Circuit Court; LC Case #: 8303; Ruling Date: 07/20/2004; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Clay County of conviction of Count II of armed robbery and sentence of twenty-five years; Count III of kidnapping and sentence of twenty years; Count IV of kidnapping and sentence of twenty years; and Count V of burglary and sentence of twenty years to run concurrently to sentences in Counts II, III, and IV, all in the custody of the Mississippi Department of Corrections is reversed and remanded for a new trial. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee, P.J., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur. Myers, P.J., dissents without separate written opinion.

Chris Duke, on behalf of Laura J. Fuller Duke, Deceased v. Parker Hannifin Corporation, Employer and Underwriters Safety & Claims, Inc.; Panola Circuit Court 2nd District; LC Case #: CV-2003-246LP2; Ruling Date: 09/08/2004; Ruling Judge: Ann Lamar; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of the Second Judicial District of Panola County is reversed and remanded with instructions to send the cause back to the Mississippi Workers' Compensation Commission for a determination of benefits. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Sandra Kaye Taylor v. Earl Kennedy; Pearl River Circuit Court; LC Case #: 2004-0200E; Ruling Date: 09/03/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Thaddous Rainer a/k/a Bennie Thompson a/k/a Thaddous Erantag Rainer v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-1-321; Ruling Date: 07/07/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is reversed and rendered. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Irving, Chandler and Ishee, JJ., concur. Dissenting Opinion: Bridges, J. Votes: Myers, P.J., and Griffis, J., join this opinion.

Bullock Brothers Trucking Company, Inc., and the Estate of Walley Bullock v. Charles Carley; Forrest Circuit Court; LC Case #: CI97-0237; Ruling Date: 10/28/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Forrest County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

Tyrone Latrell Graham v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-472CIV; Ruling Date: 01/14/2004; Ruling Judge: W. Yerger; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County denying Tyrone Latrell Graham's motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Barnes and Ishee, JJ., concur.

Vessie Lynn Lee v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0292; Ruling Date: 03/24/2003; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of Counts I and II statutory rape, Counts III, IV, V, and VI sexual battery, and VII, IX, and X gratification of lust and sentence of life in the custody of the Mississippi Department of Corrections for Counts I and II, with said sentences to run concurrently, thirty years each for Counts III, IV, V, and VI with said sentences to run concurrently with each other but consecutively to the sentences imposed in Counts I and II, and fifteen years each for Counts VII, IX, and X, with said sentences to run concurrently with each other but consecutively to the sentences imposed in Counts I and II and Counts III, IV, V, and VI, is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Joseph Davis, Jr. v. Biloxi Public School District, Biloxi Public School Board, Board of Trustees, and Dr. Robert W. Bowles, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-04-00011; Ruling Date: 04/19/2004; Ruling Judge: Robert Walker; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

In the Matter of the Estate of Shirley M. Volmer, Deceased: Joseph K. Volmer, Executor v. Eleanor J. Volmer Patterson and John A. Volmer; DeSoto Chancery Court; LC Case #: 01-6-876; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Chandler, J. Disposition: The appeal from the DeSoto County Chancery Court is dismissed without prejudice. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

James Guy a/k/a James Earl Guy v. State of Mississippi, Alicia Box, Connie Pierce and Ernestine Goins; Greene Circuit Court; LC Case #: 2004-07-075(3); Ruling Date: 08/30/2004; Ruling Judge: Dale Harkey; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Greene County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Greene County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Griffis, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.

Robert K. Fowler v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1997-0087-CR; Ruling Date: 01/30/2002; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied. King, C.J., and Irving, J., would grant. Barnes and Ishee, JJ., not participating.

Truman S. McElveen v. Croft Metals, Inc., and Liberty Mutual Insurance Company; Pike Circuit Court; LC Case #: 02-069-A; Ruling Date: 06/27/2003; Ruling Judge: Keith Starrett; Disposition: Appellant's motion for rehearing is denied.

Kaelyn Darnell Young, a Minor, by and through His Next Friend, Rozella M. Young, for and on behalf of the Wrongful Death Beneficiaries of Lewanda P. Young v. The University of Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-01-000149CIV; Ruling Date: 11/25/2003; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur. King, C.J., dissents without separate written opinion. Lee, P.J., not participating.

Timothy Walker v. Richard Benz, Jr.; Leflore Circuit Court; LC Case #: 2002-0129CICI; Ruling Date: 02/25/2004; Ruling Judge: Andrew Baker; Majority Opinion: Bridges, J. Disposition: The judgment of the Leflore County Circuit Court is reversed and remanded to the Circuit Court for a new trial. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., not participating.

Michael Durdin a/k/a Michael Lloyd Durdin a/k/a Mike L. Durdin v. State of Mississippi; Union Circuit Court; LC Case #: UK2001-245; Ruling Date: 09/05/2003; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Union County of conviction of sexual battery and sentence of thirty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Union County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Kim Phan v. Joshua Denley and Pinkard & Son Trucking, Jointly, Severally and Individually; Attala Circuit Court; LC Case #: 03-0026-CV-M; Ruling Date: 03/29/2004; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Attala 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 and Ishee, JJ., concur.

Michael Yates v. State of Mississippi; Newton Circuit Court; LC Case #: 03-CR-021-NW-C; Ruling Date: 04/21/2004; Ruling Judge: V. Cotten; Disposition: Appellant's motion for rehearing is denied.

J. Bruce Weatherly v. Union Planters Bank, N.A.; Prentiss Chancery Court; LC Case #: 2002-494; Ruling Date: 01/09/2004; Ruling Judge: Rodney Shands; Disposition: Appellant's motion for rehearing is denied. Barnes, J., not participating.

Rheno S. Patterson v. Melba Williams Patterson (Broach); Itawamba Chancery Court; LC Case #: 8081; Ruling Date: 07/20/2004; Ruling Judge: Talmadge Littlejohn; Majority Opinion: King, C.J. Disposition: The judgment of the Itawamba County Chancery Court of contempt is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Irving and Griffis, JJ., concur. Ishee, J., concurs in part without separate written opinion. Concurring in Part and Dissenting in Part Opinion: Bridges, J. Votes: Chandler and Barnes, JJ., join this opinion. Ishee, J., joins this opinion in part.

Arthur Stephen Owen v. Valerie King Wilkinson; Hinds Chancery Court 1st District; LC Case #: G-2003-889; Ruling Date: 07/20/2004; Ruling Judge: Stuart Robinson; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ronnie Lynn Chancy v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-52(C); Ruling Date: 08/20/2004; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Rankin County dismissing appellant's motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Christopher A. Jones v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV04-225(A)PO; Ruling Date: 10/06/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Pontotoc County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Edward J. Pevey v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2002-137; Ruling Date: 09/21/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Claiborne County denying post- conviction relief is affirmed. All costs of this appeal are assessed to Claiborne County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Linder Howze-Campbell v. Mound Bayou School District; Bolivar Chancery Court 2nd District; LC Case #: 2002-02-88; Ruling Date: 10/25/2004; Ruling Judge: William Willard, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Bolivar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Jim H. Austin v. State of Mississippi; Lee Circuit Court; LC Case #: CV02-082(G)L; Ruling Date: 12/20/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lee County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Barnes and Ishee, JJ., concur.