11/25/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry E.
X  2013-CP-02081-COA

Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey v. State of Mississippi; Scott Circuit Court; LC Case #: 2013-CV-306-SC-C; Ruling Date: 11/05/2013; Ruling Judge: Vernon Cotten; Majority Opinion: Roberts, J. Disposition: The judgment of the Scott County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

David Camp Pittman a/k/a David Pittman a/k/a David C. Pittman v. City of Starkville, Mississippi; Oktibbeha Circuit Court; LC Case #: 2013-0119-CRA; Ruling Date: 04/22/2013; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of driving under the influence, first offense, and sentence of forty-eight hours suspended in the custody of Oktibbeha County and to pay a fine of $750 is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Patricia Elliott v. First Security Bank ; Panola Circuit Court 1st District; LC Case #: CV2011-057SMP1; Ruling Date: 07/19/2013; Ruling Judge: Smith Murphey; Majority Opinion: Ishee, J. Disposition: The judgment of the Panola 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, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Teresa Jean Bolivar v. Larry Marvin Bolivar; Jones Chancery Court 2nd District; LC Case #: 2013-0126; Ruling Date: 05/15/2013; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Jones County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion.

Christopher Daniel Lee v. Nikki G. Lee; Adams Chancery Court; LC Case #: 2011-311; Ruling Date: 01/09/2013; Ruling Judge: E. Davis; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

James Creel a/k/a James Walter Creel a/k/a J.W. Creel v. Ron King and Christopher Epps; Covington Circuit Court; LC Case #: C-175; Ruling Date: 07/15/2013; Ruling Judge: Eddie Bowen; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Covington County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Covington County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Larry Gene Singleton a/k/a Larry Singleton a/k/a Larry G. Singleton v. State of Mississippi; Tate Circuit Court; LC Case #: CR2013-60-JM-T; Ruling Date: 11/21/2013; Ruling Judge: James McClure, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Tate County Circuit Court of conviction of Counts I and V, gratification of lust, and sentence of five years on each count; Counts II, III, and IV, sexual battery of a child under fourteen years of age, and sentence of twenty years on each count; Counts VI, VII, and VIII, sexual battery of a child at least fourteen but under sixteen years of age, and sentence of twenty years on each count; and counts IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, and XVIII, possession of child pornography, and sentence of ten years on each count, with the sentence imposed in Count IX to run consecutively with the sentences imposed in Counts I through VIII, and with the sentences in all other counts to run concurrently with one another, all in the custody of the Mississippi Department of Corrections, with credit for 353 days served, and payment of $1,000 to the Mississippi Children's Trust Fund and a $50,000 fine for each of Counts IX through XVIII, with $50,000 suspended for each of counts IX through XVIII, is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jeremy Edwards v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0314-CR; Ruling Date: 12/09/2013; Ruling Judge: Richard Smith; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Washington County Circuit Court of conviction of shooting a firearm into an occupied building and sentence of five years, with one year to serve and four years of post-release supervision in the custody of the Mississippi Department of Corrections, and to pay $500 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

In Re: Guardianship of Demon B. McClinton: Linus Shackelford v. DeMon B. McClinton; Hinds Chancery Court 1st District; LC Case #: P-2000-347T/1; Ruling Date: 04/10/2012; Ruling Judge: J. Thomas; Consolidated with 2012-CA-00802-COA In Re: Guardianship of Demon B. McClinton: Michael J. Brown v. Thomas A. McClinton, Jr.; Hinds Chancery Court 1st District; LC Case #: P-2000-347 T/1; Ruling Date: 03/20/2012; Ruling Judge: J. Thomas; Consolidated with 2012-CA-01979-COA In Re: Guardianship of Demon B. McClinton: Thomas A. McClinton, Jr. and Lottie Campbell v. Demon B. McClinton; Hinds Chancery Court 1st District; LC Case #: P-2000-347T/1; Ruling Date: 11/13/2012; Ruling Judge: J. Thomas; Disposition: The joint motion to dismiss the appeal is granted. The appeal of Linus Shackelford v. Demon B. McClinton is dismissed pursuant to Mississippi Rule of Appellate Procedure 42(b). The cases consolidated with this appeal are not dismissed. All costs associated with this appeal are to be borne by the appellant. Carlton, J., would stay this appeal rather than dismissing it. Order entered.

Christopher Lee Baxter a/k/a Chris Baxter a/k/a Christopher Baxter v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,002; Ruling Date: 05/15/2012; Ruling Judge: Richard McKenzie; Disposition: The motion for rehearing is denied.

Gregory Dailey v. Tracie McBeath (Fairley); Jackson Chancery Court; LC Case #: 2001-1175; Ruling Date: 04/19/2012; Ruling Judge: D. Harris, Sr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed in part, and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Justin Dominique Holmes a/k/a Justin Holmes a/k/a Justin D. Holmes v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-00496; Ruling Date: 11/08/2012; Ruling Judge: John Gargiulo; Disposition: The appellant's motion to set aside mandate and reinstate appeal is granted. The Court's mandate is hereby recalled, and the appeal shall be placed back on this Court's active docket. Order entered.

Christopher Patrick Jordan a/k/a Christopher Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-569; Ruling Date: 07/27/2012; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied.

Cleveland MHC, LLC v. City of Richland, Mississippi and Mayor & Board of Aldermen of the City of Richland; Rankin Circuit Court; LC Case #: 2011-192; Ruling Date: 01/28/2013; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

Scote Renfro v. City of Moss Point, a Body Politic & Its Civil Service; Jackson Circuit Court; LC Case #: 2011-00,224(3); Ruling Date: 01/25/2013; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing is denied.

Tallulah A. Redding, Sharon L. Anderson and Arthur Wayne Anderson, Jr. v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO2010-1693 CD; Ruling Date: 04/16/2013; Ruling Judge: Allen Couch, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the DeSoto County Special Court of Eminent Domain 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: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: James, J. Votes: Irving, P.J., Joins This Opinion.

One (1) 2011 Chevrolet Silverado 1500, Kelly Bowen Wilson and Stephen Elliott Pergande v. Panola County Narcotics Task Force, a Division of Panola County Sheriff's Department; Panola Circuit Court 2nd District; LC Case #: CV2012-102-JM-P2; Ruling Date: 05/09/2013; Ruling Judge: James McClure, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Panola County Circuit Court is reversed, and judgment is rendered for the appellants. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Marci Harvison Oglesby a/k/a Marci H. Oglesby a/k/a Marci Oglesby v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0484; Ruling Date: 07/24/2013; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Carlton, J., not participating.