12/02/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CP-01109-COA

Bobby Eugene Epps a/k/a Bobby E. Epps v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2013-10-JMP2; Ruling Date: 05/20/2013; Ruling Judge: James McClure, III; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Panola County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Clarence Wydell Hynes a/k/a Clarence Hynes v. State of Mississippi; Scott Circuit Court; LC Case #: 12-CR-078-SC-G; Ruling Date: 10/09/2012; Ruling Judge: Marcus Gordon; Majority Opinion: James, J. Disposition: The judgment of the Scott County Circuit Court of conviction of possession of more than .1 gram but less than 2 grams of methamphetamine, as a subsequent drug offender, and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Stacy L. Miller a/k/a Stacy Liddell Miller a/k/a Stacy Miller v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2012-0030; Ruling Date: 10/15/2013; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Montgomery County of conviction of driving under the influence of alcohol, first offense, and sentence of forty-eight hours in jail, with the sentence suspended upon payment of a $550.50 fine plus court costs, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Jeremy Moseley v. Tiffiny (Moseley) Smith; Harrison Chancery Court 1st District; LC Case #: C2401-00-1125; Ruling Date: 05/21/2013; Ruling Judge: Sanford Steckler; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Chancery 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 Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Peggy Trull v. Magnolia Hill, LLC d/b/a Riverwalk Casino of Vicksburg, LLC; Warren Circuit Court; LC Case #: 11,0133CI; Ruling Date: 05/03/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Warren County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton 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. Maxwell, J., Not Participating.

Christopher Shane Howell, Wendy Howell, and Bridgefield Casualty Insurance Company, Inc. v. Equipment, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-11-191 CIV; Ruling Date: 10/09/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Brandy Nicole Williams a/k/a Brandy Williams a/k/a Brandy N. Williams v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,071(2)(3); Ruling Date: 09/10/2012; Ruling Judge: Richard McKenzie; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of George County of conviction of capital murder and sentence of life without parole in the custody of the Mississippi Department of Corrections is reversed, and this case is remanded for a new trial. All costs of this appeal are assessed to George County. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

John Joseph Dedeaux a/k/a John Joseph Dedeaux, Sr. a/k/a John J. Dedeaux a/k/a John J. Dedeaux, Sr. v. State of Mississippi; Hancock Circuit Court; LC Case #: A2301-2013-00062; Ruling Date: 04/30/2013; Ruling Judge: John Gargiulo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hancock County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Ryan McClendon v. State of Mississippi; Lee Circuit Court; LC Case #: CR11-675; Ruling Date: 02/13/2013; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lee County Circuit Court of conviction of armed robbery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with fifteen years suspended and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jomorris Thornton a/k/a Jomorris Lushun Thornton v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2011-193-B; Ruling Date: 10/21/2013; Ruling Judge: Robert Bailey; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Wayne County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Wayne County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Albert Donelson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-79CRG; Ruling Date: 11/16/2011; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied.

Kenneth M. Hines a/k/a Kenneth Hines v. State of Mississippi; Neshoba Circuit Court; LC Case #: 11-CR-057-NS-C; Ruling Date: 03/21/2012; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is dismissed.

Perriece Collins, Individually and as the Parent, Legal Guardian and Next Friend of Shoniqwa Collins, Individually and as the Parent, Legal Guardian and on Behalf of any and all Wrongful Death Beneficiaries of Shataja Nikeara Collins, Deceased v. Toikus Westbrook, M.D.; Leake Circuit Court; LC Case #: 11-CV-361-LE-C; Ruling Date: 02/06/2013; Ruling Judge: Vernon Cotten; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Leake County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Griffis, P.J., Roberts and Maxwell, JJ., Concur. Ishee, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., Fair and James, JJ.; Carlton, J., Joins In Part. Carlton, J., Dissents Without Separate Written Opinion. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., Fair and James, JJ., Join This Opinion. Carlton, J., Joins This Opinion in Part.

Crystal Clay v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2012-0058; Ruling Date: 06/03/2013; Ruling Judge: Johnnie Walls, Jr.; Disposition: The motion for rehearing is denied.

Timothy Lee Carr v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-26-CV4; Ruling Date: 05/23/2013; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. James, J., would grant.

Fred Harrell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-020; Ruling Date: 06/12/2013; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Tunica County Circuit Court of conviction of attempted aggravated assault and sentence of six years in the custody of the Mississippi Department of Corrections, followed by three years of post-release supervision, is affirmed. All costs of this appeal are assessed to Tunica County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Dissents With Separate Written Opinion. Dissenting Opinion: Barnes, J.