11/24/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-KA-00112-COA

Johnny Charles Shorter v. State of Mississippi; Rankin Circuit Court; LC Case #: 18141; Ruling Date: 05/17/2007; Ruling Judge: Samac Richardson; Majority Opinion: Maxwell, J. Disposition: The judgment of the Rankin 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 Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Elizabeth Gainey v. Donnie Edington; Pontotoc Chancery Court; LC Case #: 2001-0041-58-MM; Ruling Date: 09/05/2007; Ruling Judge: C. Malski; Majority Opinion: Carlton, J. Disposition: The judgment of the Pontotoc 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

A. T. K. v. R. M. K. W.; Clarke Chancery Court; LC Case #: 05-0027-P; Ruling Date: 06/04/2008; Ruling Judge: Lawrence Primeaux; Majority Opinion: Carlton, J. Disposition: The judgment of the Clarke 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Anthony Lee Tucker v. State of Mississippi; Clay Circuit Court; LC Case #: 8886; Ruling Date: 11/20/2007; Ruling Judge: Lee Howard; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Clay County of conviction of possession of stolen property and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for parole, probation, or early release, and to pay a fine of $10,000 upon release from confinement, is affirmed. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Sidney Kelton Pace v. Melanie Jean Pace; Jackson Chancery Court; LC Case #: 2002-2170RP; Ruling Date: 01/25/2008; Ruling Judge: Randy Pierce; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Irving, J., not participating. Dissenting Opinion: Carlton, J.

Khristoffer Mandell Hearron v. Mississippi Department of Corrections; Leflore Circuit Court; LC Case #: 2008-0079-CICI; Ruling Date: 09/30/2008; Ruling Judge: Betty Sanders; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Leflore County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

State Farm Mutual Automobile Insurance Company v. Jerry P. Jones; Jones Circuit Court 2nd District; LC Case #: 2007-19-CV3; Ruling Date: 09/19/2008; Ruling Judge: Billy Landrum; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Jones County is reversed, and judgment is rendered vacating the award of sanctions. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Griffis, J., not participating.

Shawn Lee Duncan and April Marie Duncan, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Arthur Eugene Duncan, Deceased v. Satish Verma, M.D.; DeSoto Circuit Court; LC Case #: CV2001-01-70; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto 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, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Roderick Hooks a/k/a Roderick D. Hooks v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2008-019-LS; Ruling Date: 08/19/2008; Ruling Judge: David Strong, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lincoln County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Anthony Trevillion v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0074 CRV; Ruling Date: 05/08/2008; Ruling Judge: Frank Vollor; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Warren County of conviction of Count I, murder, and sentence of life; Count II, shooting into an occupied dwelling, and sentence of ten years; Count III, aggravated assault, and sentence of twenty years; Count IV, aggravated assault, and sentence of twenty years; and Count V, possession of a firearm by a convicted felon, and sentence of three years, all in the custody of the Mississippi Department of Corrections with the sentences in Counts II, III, IV, and V to run consecutively to the sentence in Count I, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

James Craig Palculict v. Luciana Gascon Curtis Palculict; DeSoto Chancery Court; LC Case #: 06-01-0108(ML); Ruling Date: 08/22/2007; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The motion for rehearing is denied. Irving, J., not participating. Order entered.

Pamela L. Ferguson v. Juanita H. Lewis; Hinds Chancery Court 2nd District; LC Case #: G-2007-142; Ruling Date: 10/22/2007; Ruling Judge: William Singletary; Disposition: The motion for rehearing is denied. Lee, P.J., Irving and Roberts, JJ., would grant. Carlton, J., not participating. Order entered.

Jessie James Davis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-473CVM; Ruling Date: 01/10/2008; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Order entered.

Ronald Husband v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2006-44; Ruling Date: 01/21/2008; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.

Michael Gene Ray a/k/a Mike v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0458-CR1; Ruling Date: 02/22/2008; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

Melvin Alesich v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-96-922; Ruling Date: 05/07/1997; Ruling Judge: John Whitfield; Disposition: The motion for rehearing is denied. Order entered.

Judy White v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2008-0099CI; Ruling Date: 07/10/2008; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.