11/24/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
XX  2014-CA-00224-COA

John P. Layton Jr. v. Amanda Reece Layton; Simpson Chancery Court; LC Case #: 2010-0333 P/2; Ruling Date: 01/13/2014; Ruling Judge: Joe Walker; Majority Opinion: Wilson, J. Disposition: The judgment of the Simpson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J. Concurring in Part and Dissenting in Part Opinion: James, J. Votes: Lee, C.J., Joins This Opinion.

Bobby Joe Pinkney a/k/a Bobby Pinkney v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-14-15; Ruling Date: 04/14/2014; Ruling Judge: William Gowan, Jr.; Consolidated with 2014-CP-00594-COA Bobby Joe Pinkney a/k/a Bobby Pinkney v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-14-14; Ruling Date: 04/14/2014; Ruling Judge: William Gowan, Jr.; Consolidated with 2014-CP-00605-COA Bobby Joe Pinkney a/k/a Bobby Pinkney v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-14-13; Ruling Date: 04/14/2014; Ruling Judge: William Gowan, Jr.; Majority Opinion: James, J. Disposition: The judgments of the Hinds County Circuit Court, Second Judicial District, dismissing the motions for postconviction relief are affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Christopher Edward Thomas a/k/a Christopher Thomas a/k/a Chris Thomas v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2013-81SMP; Ruling Date: 02/06/2014; Ruling Judge: Smith Murphey; Majority Opinion: Maxwell, J. Disposition: The judgment of the Panola County Circuit Court of conviction of conspiracy to commit armed robbery and sentence of five years, and conviction of capital murder and sentence of life imprisonment without parole, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, and to pay $11,000 in restitution, is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Synecca Malone a/k/a Synecca Brenden Malone a/k/a Synecca B. Malone v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2012-238; Ruling Date: 03/04/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Maxwell, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count I, sale of alprazolam, and sentence as a habitual offender of twenty years, and Count II, sale of less than thirty grams of marijuana, and sentence as a habitual offender of three years, to run concurrently to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, and to pay a $5,000 fine, is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Ruby Hartford v. Beau Rivage Resorts, Inc. d/b/a Beau Rivage Casino; Harrison Circuit Court 2nd District; LC Case #: A2402-2011-142; Ruling Date: 08/08/2014; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Jerry Deuntay Carr a/k/a Bootchie a/k/a Jerry Carr v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2011-0041; Ruling Date: 08/12/2014; Ruling Judge: Charles Webster; Majority Opinion: Maxwell, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without eligibility for parole or any other type of early release, to run consecutively to any and all sentences previously imposed, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result.

Calvin Hunter v. State of Mississippi; Newton Circuit Court; LC Case #: 13-CR-038-NW-G; Ruling Date: 04/11/2014; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Newton County Circuit Court of conviction of Count I, attempted aggravated assault on a law enforcement officer, and sentence of twenty years, and Count II, attempted aggravated assault on a law enforcement officer, and sentence of fifteen years, with the sentence in Count II to run consecutively to the sentence in Count I, both in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell, Fair and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Arnold Lee Felton a/k/a Arnold Felton a/k/a Abdul Rahim Rasheed v. State of Mississippi; Marion Circuit Court; LC Case #: 2014-0086M; Ruling Date: 04/09/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Marion County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Anthony Lafayette a/k/a Anthony Dewayne Lafayette a/k/a Anthony D. Lafayette v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2008-001-CRI; Ruling Date: 04/22/2014; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections, and to pay $3,488 in restitution and $500 to the Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Robert W. Stratton Sr. v. Jerry McKey; Amite Circuit Court; LC Case #: 10-CV-0218-J; Ruling Date: 09/23/2011; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Amite County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

G & S Auto Sales v. Terrance Walton; LC Case #: 09-5330-K-3062-E-28; Ruling Date: 10/22/2014; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Brandon P. Smith a/k/a Brandon Smith v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CR-0092-LE-G; Ruling Date: 09/06/2012; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Leake County of conviction of possession of a firearm by a convicted felon and sentence, as a habitual offender, of ten years in the custody of the Mississippi Department of Corrections, with the sentence to run consecutively to the appellant's current sentence, without the possibility of parole or probation, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Michelle A. Durr v. City of Picayune, Mississippi; Pearl River Circuit Court; LC Case #: 2012-0164M; Ruling Date: 10/22/2013; Ruling Judge: Anthony Mozingo; Disposition: The motion for rehearing is denied. Barnes and Carlton, JJ., would grant. Maxwell, J., not participating.

Elbert Davis a/k/a Elbert Lee Davis a/k/a Elbert L. Davis v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0055; Ruling Date: 01/06/2014; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.

Donna (Hartsoe) Price v. Timothy Michael Snowden; DeSoto Chancery Court; LC Case #: 03-CV-1623; Ruling Date: 02/12/2014; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied.

Roy Dale Wallace a/k/a Roy D. Wallace v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2014-146; Ruling Date: 04/30/2014; Ruling Judge: John Gargiulo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Kenneth Washington a/k/a Kenneth S. Washington v. State of Mississippi; Copiah Circuit Court; LC Case #: 2014-0035R; Ruling Date: 05/27/2014; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied.

Paul Johnson v. City of Canton, Mississippi; Board of Aldermen for the City of Canton; and the Zoning Commission for the City of Canton, Mississippi; Madison Circuit Court; LC Case #: CI-2009-0064-JE; Ruling Date: 05/09/2014; 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 appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Tommy Vitela, Sr. a/k/a Tommy Vitela a/k/a Tomas Vitela v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-011(W); Ruling Date: 06/30/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied.

John Karsten Simrall, Katherine Rae Leist and Simrall & Simrall, a Mississippi General Partnership v. Bunge-Ergon Vicksburg, LLC; Warren Circuit Court; LC Case #: 12,0096-CI; Ruling Date: 07/29/2014; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Warren County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell, Fair and Wilson, JJ., Concur. Carlton and James, JJ., Not Participating.

Marlene Zernee McCoy a/k/a Marlene Zernelle McCoy a/k/a Marlene Zurnee McCoy a/k/a Marlene Zurnelle McCoy a/k/a Marlene Zarnee McCoy a/k/a Marlene Z. McCoy a/k/a Marlene McCoy v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-13-501; Ruling Date: 07/23/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of felony driving under the influence and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Maxwell and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion.