11/29/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2003-KA-02520-COA

A. B. Wright a/k/a Albert Burt Wright a/k/a Albert B. Wright, Sr. a/k/a "B. Boy Wright" v. State of Mississippi; Washington Circuit Court; LC Case #: CR2001-142; Ruling Date: 09/11/2003; Ruling Judge: Betty Sanders; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County 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 Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

Christopher Cornielus Moore a/k/a Christopher A. Moore a/k/a Christopher Alexander Moore v. Mississippi Department of Corrections; Rankin Circuit Court; LC Case #: 2004-198R; Ruling Date: 07/23/2004; Ruling Judge: Samac Richardson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Rankin County dismissing the motion for post-conviction relief is affirmed. All costs of appeal are assessed to Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.

In the Interest of: J. N.; Warren Youth Court; LC Case #: 04-159; Ruling Date: 06/15/2004; Ruling Judge: John Price, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Youth Court of Warren County is reversed and remanded. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Specially Concurring Opinion: Irving, J. Votes: Ishee, J., joins this opinion.

Derek Brandon Conway v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-235CR; Ruling Date: 10/14/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. 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.

Clifton Robinson, Jacqueline Robinson and Linda Faye Pendleton v. Southern Farm Bureau Casualty Company, Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company and Claiborne County Farm Bureau; Claiborne Circuit Court; LC Case #: 2002-372; Ruling Date: 11/13/2003; Ruling Judge: Lamar Pickard; Majority Opinion: King, C.J. Disposition: The judgment of Claiborne County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Public Employees' Retirement System v. Linda Burt; Hinds Circuit Court 1st District; LC Case #: 251-01-1275 CIV; Ruling Date: 06/22/2004; Ruling Judge: Tomie Green; Majority Opinion: King, C.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 the appellee. Votes: Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.

John C. Laushaw, Jr. v. State of Mississippi; Amite Circuit Court; LC Case #: 04-CV-134-J; Ruling Date: 08/31/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Amite County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Amite County. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Vickie Balouch v. State of Mississippi; Pike Circuit Court; LC Case #: 02-423-KA; Ruling Date: 02/18/2003; Ruling Judge: Keith Starrett; Disposition: Appellee's motion for rehearing is denied.

Kourtney Bynum a/k/a Courtney Bynum v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2002-29; Ruling Date: 06/26/2003; Ruling Judge: Kenneth Thomas; Majority Opinion: Chandler, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Bolivar County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

John Griffin Bowie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-00525; Ruling Date: 06/10/2003; Ruling Judge: Kosta Vlahos; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

Reginald Primas v. State of Mississippi; Marion Circuit Court; LC Case #: K01-245P; Ruling Date: 09/05/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of receiving stolen property and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., concurs in result only.

Karen Rushing Crawford v. Bruce E. Butler and Wife, Margaret O. Butler; Jones Chancery Court 1st District; LC Case #: 99-0072; Ruling Date: 09/16/2003; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2003-CA-02285-COA Karen Rushing Crawford v. Bruce E. Butler and Wife, Margaret O. Butler; Jones Chancery Court 1st District; LC Case #: 2002-0040-E; Ruling Date: 09/16/2003; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Jones County 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.

Dale Cole a/k/a Norman Dale Cole v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2003-026-CR; Ruling Date: 09/04/2003; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied.

W. E. Davis, Administrator of the Estate of Anthony Walker Smith, Deceased and Bank of Holly Springs v. Raymond Smith and Dorothy D. Smith, Intervenor; Tate Chancery Court; LC Case #: 02-4-144(L); Ruling Date: 11/03/2003; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellant's motion for rehearing is denied. Irving, J., not participating.

Reo Laurice Covington v. State of Mississippi; Franklin Circuit Court; LC Case #: 01-KR-037A-J; Ruling Date: 01/16/2004; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellant's motion for rehearing is denied.

Charles W. Rush v. Latresa A. Rush; Rankin Chancery Court; LC Case #: 51888; Ruling Date: 01/08/2004; Ruling Judge: John Grant, III; Disposition: Appellant's motion for rehearing is denied. Irving and Barnes, JJ., would grant.

Ernest Glenn Lancaster, Linda Jean Lancaster Dykes, Helen Elaine Lancaster Stevens and Cynthia Renee Lancaster Dugas v. Robert Kendrick Boyd; Yazoo Chancery Court; LC Case #: 98-0175; Ruling Date: 11/21/2003; Ruling Judge: Janace Goree; Consolidated with 2001-CA-00187-COA Ernest Glenn Lancaster, Linda Jean Lancaster Dykes, Helen Elaine Lancaster Stevens and Cynthia Renee Lancaster Dugas v. Robert Kendrick Boyd; Yazoo Chancery Court; LC Case #: 98-0175; Ruling Date: 12/21/2000; Ruling Judge: Gail Barnett; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Yazoo County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Bridges, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only. King, C.J., dissents without separate written opinion.

Ronald W. Jurney v. Missie Slay Jurney; Hinds Chancery Court 1st District; LC Case #: G98-995 S/2; Ruling Date: 12/14/2003; Ruling Judge: William Singletary; Disposition: Appellee's motion for rehearing is denied.

Jack Hayes and George S. Whitten, Sr. v. Leflore County Board of Supervisors; Leflore Chancery Court; LC Case #: G 98-0152; Ruling Date: 06/16/2003; Ruling Judge: William Willard, Jr.; Disposition: Appellee's motion for rehearing is denied. In a written statement, Irving, J., would grant.

James Johnson v. Marsha Brooks (Gullette); Harrison Circuit Court 2nd District; LC Case #: A2402-03-00162; Ruling Date: 03/15/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed and remanded. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Barnes and Ishee, JJ., concur.

Leonard E. Gray v. State of Mississippi; Rankin Circuit Court; LC Case #: 14357; Ruling Date: 03/12/2004; Ruling Judge: William Chapman, III; Disposition: Appellant's motion for rehearing is denied. Irving, J., not participating.

Earnestine Thomas and Robert L. Thomas v. HWCC-Tunica, Inc., and Fineberg Packing Company, Inc.; Tunica Circuit Court; LC Case #: 01-0221; Ruling Date: 05/05/2004; Ruling Judge: Larry Lewis; Majority Opinion: Lee, P.J. Disposition: The judgment of the Tunica County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Charles Ashley McNabb v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2004-110-RD; Ruling Date: 06/01/2004; Ruling Judge: George Ready; Disposition: Appellant's motion for rehearing is denied.

Roy Sumler v. East Ford, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-03-962 CIV; Ruling Date: 06/08/2004; Ruling Judge: W. Yerger; Majority Opinion: Bridges, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Community Bank, Ellisville, Mississippi and Wendel Turner a/k/a James Wendel Turner v. Charles R. Roberts, Michael Louis Roberts, Linda R. Watts and Jimmie R. Watts; Smith Circuit Court; LC Case #: 2003-40; Ruling Date: 07/14/2004; Ruling Judge: Robert Evans; Disposition: Motion to Dismiss Appeal is granted. The parties shall bear their own costs of appeal. Order entered.

Universal Underwriters Group, Inc. v. State Farm Fire and Casualty Company; Neshoba Chancery Court; LC Case #: 2003-296; Ruling Date: 08/19/2004; Ruling Judge: John Love, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Neshoba County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Bridges, Chandler, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion. Griffis, J., not participating.

Dorothy A. Washington v. Mississippi Employment Security Commission; Sunflower Circuit Court; LC Case #: 2003-0659(CM)(S); Ruling Date: 06/30/2004; Ruling Judge: Margaret Carey-McCray; Disposition: Appellee's motion for rehearing is denied.

Carl Dean Haughton v. State of Mississippi; Clay Circuit Court; LC Case #: 2004-0227; Ruling Date: 10/12/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Motion to Dismiss is granted. All costs of appeal are assessed to the appellant. Order entered.

Andrew David Ledford v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-0355; Ruling Date: 12/21/2004; Ruling Judge: Samac Richardson; Disposition: Motion to Dismiss as Moot is granted. The appeal is dismissed as moot and all costs of appeal are assessed to Rankin County. Further the Motion to Stay the Briefing Schedule Until the Court Rules Upon the Plea in Bar is dismissed as moot. Order entered.

Andrew David Ledford v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-0355; Ruling Date: 12/21/2004; Ruling Judge: Samac Richardson; Disposition: Motion to Dismiss as Moot is granted. The appeal is dismissed as moot and all costs of appeal are assessed to Rankin County. Further the Motion to Stay the Briefing Schedule Until the Court Rules Upon the Plea in Bar is dismissed as moot. Order entered.