11/25/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
XX  2007-CA-00618-COA

Anthony Keyes v. Donald Berry, Hired Trucks, Inc. and Simpson County, Mississippi; Simpson Circuit Court; LC Case #: 2004-284; Ruling Date: 03/16/2007; Ruling Judge: Robert Evans; Consolidated with 2007-IA-00669-COA Anthony Keyes v. Donald Berry and Hired Trucks, Inc.; Simpson Circuit Court; LC Case #: 2004-284; Ruling Date: 03/16/2007; Ruling Judge: Robert Evans; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Simpson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Irving, Chandler and Roberts, JJ., concur. Griffis, J., dissents with separate written opinion joined by Lee, P.J., Barnes and Ishee, JJ.; and King, C.J., joins in part. Dissenting Opinion: Griffis, J. Votes: Lee, P.J., Barnes and Ishee, JJ., join this opinion. King, C.J., joins this opinion in part.

Richard Mitchell a/k/a Rick Mitchell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-798; Ruling Date: 06/25/2007; Ruling Judge: L. Hilburn; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections without eligibility for parole is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Johnny Wayne Wallace a/k/a Johnny Spencer v. State of Mississippi; Tate Circuit Court; LC Case #: CR-2004-168-LT; Ruling Date: 06/21/2007; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Tate County of conviction of Count I, conspiracy to commit armed robbery, and sentence of five years, and Count II, attempted armed robbery, and sentence of twelve years, with the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, and with the sentences in Counts I and II to run concurrently with a five-year sentence in the custody of the Wisconsin Department of Corrections, is affirmed. All costs of this appeal are assessed to Tate County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Dewayne Gammel, Individually and on Behalf of the Wrongful Death Beneficiaries of Anthony W. Gammel Deceased v. Tate County School District; Tate Circuit Court; LC Case #: CV-2005-43BT; Ruling Date: 07/20/2007; Ruling Judge: Andrew Baker; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Tate 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, Ishee and Carlton, JJ., concur.

David Bynum v. Anderson Tully Lumber Company and Liberty Mutual Fire Insurance Company; Warren Circuit Court; LC Case #: 07,0230CI; Ruling Date: 03/05/2008; Ruling Judge: Frank Vollor; Majority Opinion: Roberts, J. Disposition: The judgment of the Warren County Circuit Court 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, Ishee and Carlton, JJ., concur.

Maurice Gray v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-0116; Ruling Date: 09/18/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Circuit Court denying the motion for post-conviction relief 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, Roberts and Carlton, JJ., concur.

Mississippi Department of Employment Security v. Good Samaritan Personnel Services, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-06-422; Ruling Date: 01/17/2007; Ruling Judge: W. Yerger; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Eugene A. Loisel, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2007-00140; Ruling Date: 09/16/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Ishee, 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: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

James Earl Jones v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK-06-109; Ruling Date: 07/07/2006; Ruling Judge: Andrew Howorth; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of burglary of a dwelling and sentence of life imprisonment as a habitual offender in the custody of the Mississippi Department of Corrections without eligibility for parole or probation 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.

Tommy Hamberlin v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0121-CI; Ruling Date: 07/09/2007; Ruling Judge: Frank Vollor; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Warren County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Wayne R. Reid v. Susie B. Reid; Pike Chancery Court; LC Case #: 2000-365; Ruling Date: 01/24/2007; Ruling Judge: Debbra Halford; Majority Opinion: Chandler, J. Disposition: The judgment of the Pike County Chancery Court 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.

Sparky Darnez Watson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2004-275CR; Ruling Date: 08/14/2007; Ruling Judge: C. Morgan, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Grenada County of conviction of Count I, sale of marijuana, and sentence of three years and Count II, sale of cocaine, and sentence of twenty years with eight years suspended for a period of five years and twelve years to serve, with the sentence in Count II to run concurrently to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Grenada County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Arthur Parsons, Jr. and Angela Parsons, Husband and Wife v. Mississippi State Port Authority at Gulfport, and Mississippi Development Authority; Harrison Circuit Court 1st District; LC Case #: A2401-07-42; Ruling Date: 11/02/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All cost of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Reggie Andre Carter v. State of Mississippi; Neshoba Circuit Court; LC Case #: 07-CR-060-NS-G; Ruling Date: 07/18/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of aggravated assault and sentence of twelve years in the custody of the Mississippi Department of Corrections and to pay a fine of $5,000 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

William Brent Bowen v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0013-CV1; Ruling Date: 09/05/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lowndes County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Michael S. Evers, Jr. v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0301-CR1; Ruling Date: 10/16/2007; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of driving under the influence, first offense, and sentence to pay a fine of $500 and conviction of careless driving and sentence to pay a fine of $50 is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Taurus Caldwell a/k/a Taurus L. Caldwell v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0211-CICR; Ruling Date: 01/09/2008; Ruling Judge: Richard Smith; Majority Opinion: Lee, P.J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jerry Cooley, Jr v. State of Mississippi; Wayne Circuit Court; LC Case #: 07-23-K; Ruling Date: 06/19/2007; Ruling Judge: Robert Bailey; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Wayne County of conviction of possession of a firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections and to pay a fine of $2,000 is affirmed. All costs of this appeal are assessed to Wayne County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Joseph Antwan Glenn a/k/a Joseph Antwon Glenn, Gregory Smith and Crystal Daniels v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-074-CR2; Ruling Date: 05/19/2005; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is dismissed. Order entered.

Tommy Morgan v. Green-Save, Inc. and Walter J. Fleishhacker; Lee Circuit Court; LC Case #: CV04-062(G)L; Ruling Date: 01/25/2006; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Order entered.

A.B. and B.B. v. Lauderdale County Department of Human Services; Lauderdale Youth Court; LC Case #: 03-329; Ruling Date: 07/13/2006; Ruling Judge: Franklin Coleman; Disposition: The motion for rehearing is denied. King, C.J., and Irving, J., would grant. Roberts, J., not participating. Order entered.

Jimmy D. Giles v. Kenneth I. Stokes; Hinds Circuit Court 1st District; LC Case #: 251-02-616CIV; Ruling Date: 01/17/2007; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Order entered.