12/02/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CA-01129-COA

Wesley M. Breland, Realtor, Inc. v. Nick Amanatidis and Cherry Amanatidis; Lamar Chancery Court; LC Case #: 2006-0333-GN-F; Ruling Date: 06/25/2007; Ruling Judge: Eugene Fair, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Lamar 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 Roberts, JJ., concur.

Chester Smith, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2007-0211CD; Ruling Date: 09/20/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. King, C.J., concurs in result only.

Teresa Schwend v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2007-0248CD; Ruling Date: 10/23/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of DeSoto County dismissing 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, Ishee and Carlton, JJ., concur.

Will D. Massey and Jackie M. Massey v. Joe S. Lewis; Lauderdale Chancery Court; LC Case #: 05-392-M; Ruling Date: 07/18/2007; Ruling Judge: Jerry Mason; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Lauderdale County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Thomas Lucas, Kathleen Lucas Munn, James L. McNeill, Michelle McNeill Ciaccio and Matthew McNeill, Individually, and on behalf of the Estate of Jane Lucas v. Baptist Memorial Hospital - North Mississippi, Inc.; Lafayette Circuit Court; LC Case #: L05-132; Ruling Date: 05/01/2007; Ruling Judge: Henry Lackey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Chandler, J., not participating.

James Earl Holmes v. State of Mississippi; Clay Circuit Court; LC Case #: 8962; Ruling Date: 07/26/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Clay County of conviction of sexual battery and sentence of thirty years as a habitual offender in the custody of the Mississippi Department of Corrections without eligibility for parole and to pay a fine of $10,000 is affirmed. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Lionell Javon Dyson v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2008-0099; Ruling Date: 02/14/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Chandler, J. Disposition: The judgment of the Pearl River County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in result only.

Thomas C. Griffith v. Harry Griffith; Marion Chancery Court; LC Case #: 2002-0161-GN-TH; Ruling Date: 07/21/2006; Ruling Judge: James Thomas, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Marion County is affirmed on direct and cross-appeal. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Griffis, J., concurs in result only. Carlton, J., not participating.

Reginald Anderson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0111-CICR; Ruling Date: 06/10/2004; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Order entered.

Omar Kazery a/k/a Samuel D. Kazery v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-210TTG; Ruling Date: 09/26/2005; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

Doug M. Carroll v. State of Mississippi; Union Circuit Court; LC Case #: 2005-136-A; Ruling Date: 06/21/2006; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Thomas Littleton v. State of Mississippi; Yazoo Circuit Court; LC Case #: 25-9702; Ruling Date: 08/31/2006; Ruling Judge: Mike Smith; Disposition: The motion for reheairng is denied. Order entered.

Ronald "Rudy" Moore a/k/a Ronald Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-955; Ruling Date: 05/24/2006; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Order entered.

Decarlos Jenkins v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0125; Ruling Date: 10/09/2007; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Order entered.

Flagstar Bank, FSB v. Calvin and Jamie Danos, Individually and as Guardians and Next of Friends of Laura Matherne, a Minor, Gavin Danos, a Minor and Marissa Danos, a Minor; Lamar Circuit Court; LC Case #: 2004-108P; Ruling Date: 03/12/2007; Ruling Judge: R. Prichard, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lamar County is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents with separate written opinion joined by Lee and Myers, P.JJ., and Griffis, J. Dissenting Opinion: Irving, J. Votes: Lee and Myers, P.JJ., and Griffis, J., join this opinion.

Diane Evans v. Bonnie Hodge; Hinds Circuit Court 1st District; LC Case #: 251-01-740; Ruling Date: 03/06/2006; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Order entered.

Faye Jordan v. Ann Wilson; Monroe Circuit Court; LC Case #: CV-00-101-GM; Ruling Date: 05/16/2007; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing is denied. Chandler and Barnes, JJ., not participating. Order entered.

Nathaniel Thompson v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR-2007-10-A; Ruling Date: 06/04/2007; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Order entered.