11/29/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
XX  2010-CP-00822-COA

Gerald Mangum v. Mississippi Parole Board, Shannon Warnock, Bobbie Thomas, Clarence Brown and Betty Lou Jones; Hinds Circuit Court 1st District; LC Case #: 251-08-705; Ruling Date: 07/02/2009; Ruling Judge: W. Yerger; Majority Opinion: Russell, J. Disposition: The judgment of the Hinds County Circuit Court denying the motion for post-conviction relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Dorothy Haggard v. Wal-Mart Stores, Inc.; Washington Circuit Court; LC Case #: 2009-0220 CI; Ruling Date: 07/20/2010; Ruling Judge: Richard Smith; Majority Opinion: Russell, J. Disposition: The judgment of the Washington 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, Roberts, Carlton and Maxwell, JJ., concur. Myers, J., not participating.

Scott James Johnson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-09-655; Ruling Date: 09/09/2010; Ruling Judge: Lisa Dodson; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of burglary and sentence of seven years, with six years suspended and one year to serve, 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., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, J., not participating.

Randy Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-189; Ruling Date: 02/05/2010; Ruling Judge: W. Yerger; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, murder, and sentence of life, Counts II-V, aggravated assault, and sentence of ten years for each count, and Count VI, shooting into an occupied dwelling, and sentence of five years, with all sentences to run consecutively 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., Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Ira Lee Anderson, II v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2010-0259MP2; Ruling Date: 09/20/2010; Ruling Judge: James McClure, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Panola County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., concurs in part and in the result. Barnes, J., concurs in result only. Myers, J., not participating.

Thermon Arrington v. State of Mississippi; Newton Circuit Court; LC Case #: 09-CR-002-NWG; Ruling Date: 04/08/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Newton County Circuit Court of conviction of manslaughter and sentence as a habitual offender of twenty years 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 Newton County. Votes: Lee, C.J., Griffis, P.J., Myers, Roberts, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., and Barnes, J., concur in part and in the result without separate written opinion.

Jason Bernard Foxworth a/k/a Jason Benard Foxworth v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2006-25; Ruling Date: 06/23/2010; Ruling Judge: Roger Clark; Majority Opinion: Ishee, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of possession of a controlled substance and sentence as a habitual offender of life 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 Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Russell, J., concurs in result only without separate written opinion. Myers, J., not participating.

Frankie Conklin v. Boyd Gaming Corporation d/b/a Sam's Town Casino; Tunica Circuit Court; LC Case #: 2008-0341; Ruling Date: 09/20/2010; Ruling Judge: Kenneth Thomas; Majority Opinion: Ishee, J. Disposition: The judgment of the Tunica County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., dissents without separate written opinion. Myers, J., not participating.

Vincent N. Creppel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,298(3); Ruling Date: 12/16/2010; Ruling Judge: Dale Harkey; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Lee Alexander Brooks v. State of Mississippi; Adams Circuit Court; LC Case #: 08-KR-0073; Ruling Date: 06/15/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Adams County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Adams County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Bruce Bradley, Sr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 20089-0576-CR1; Ruling Date: 08/24/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections, with ten years to serve, ten years suspended, and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Russell, J. Dissenting Opinion: Carlton, J. Votes: Russell, J., joins this opinion.

Willie Neal Easter v. State of Mississippi; Monroe Circuit Court; LC Case #: CR10-038; Ruling Date: 11/03/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Monroe County of conviction of possession of methamphetamine and sentence, as a habitual offender, of eight years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation and to pay a $1,000 fine, $100 to the Mississippi Crime Victims' Compensation Fund, and $45 in restitution to the North Mississippi Narcotics Unit is affirmed. All costs of this appeal are assessed to Monroe County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Willie Lee Madden, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2010-00219; Ruling Date: 11/18/2010; Ruling Judge: John Gargiulo ; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Harrison County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Timothy Collins v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-993; Ruling Date: 03/18/2008; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Myers, J., not participating. Order entered.

Shellie Smullins v. Bradley Wayne Smullins; Tishomingo Chancery Court; LC Case #: 2008-0151-71-L; Ruling Date: 08/08/2008; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Griffis, P.J. Disposition: The motion for rehearing is granted. The Court's original opinion is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the Chancery Court of Tishomingo County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, P.J., dissents without separate written opinion. Russell, J., not participating.

Titus Rayon Jenkins v. State of Mississippi; Pike Circuit Court; LC Case #: 07-670-PKS; Ruling Date: 09/22/2008; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Ishee and Russell, JJ., not participating. Order entered.

Eddie Ray Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-052-CR2; Ruling Date: 06/24/2008; Ruling Judge: Albert Smith, III; Disposition: The motions for rehearing are denied. Myers, J., not participating. Order entered.

All American Processing, Inc. v. Lawrence M. Ruckdeschel and Katherine R. Ruckdeschel; Jackson Chancery Court; LC Case #: 2008-2769; Ruling Date: 09/22/2009; Ruling Judge: Jaye Bradley; Disposition: The motion for rehearing is denied. Order entered.

Andrew Conwill v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2009-0363-R; Ruling Date: 03/17/2010; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Madison County Circuit Court denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Clifford Nolan Jackson v. Charity Lynn Jackson; Union Chancery Court; LC Case #: CV2008-000182-73H; Ruling Date: 05/12/2010; Ruling Judge: John Hatcher; Disposition: The motion for rehearing is denied. Order entered.

Melissa Simmons v. Chrissy Strickland; Lowndes Circuit Court; LC Case #: 2008-0124-CV1; Ruling Date: 11/23/2009; Ruling Judge: Lee Howard; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Ishee, Roberts, Carlton and Russell, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Irving, P.J., dissents without separate written opinion. Myers and Barnes, JJ., not participating.

Desmond Shields v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,660; Ruling Date: 08/19/2010; Ruling Judge: Dale Harkey; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Jackson County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.