12/03/2013 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-CA-01164-COA

Emma Bell v. The Mississippi Department of Human Services and Dynetha Thornton in her Official Capacity as Director of the Leflore County Department of Human Services; Leflore Circuit Court; LC Case #: 2011-0079 CICI; Ruling Date: 05/24/2012; Ruling Judge: Richard Smith; Majority Opinion: James, J. Disposition: The judgment of the Leflore 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, Maxwell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Shauntell Summerall a/k/a Shauntell Maurice Summerall a/k/a Shauntell M. Summerall v. State of Mississippi; Forrest Circuit Court; LC Case #: CI11-0084; Ruling Date: 08/06/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Forrest County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

In the Interest of a Minor, V.D.W.: J.S.W. v. A.W.R. and T.J.S.; Lamar Chancery Court; LC Case #: 2009-0469-GN-W; Ruling Date: 03/21/2012; Ruling Judge: Johnny Williams; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lamar County Chancery Court 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., Barnes, Ishee, Roberts and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton, J., Not Participating.

Garrett J. Prestenbach, Jr. and Irene E. Prestenbach v. J. Gerald Collins; Marion Chancery Court; LC Case #: 2012-0018-G-W; Ruling Date: 08/27/2012; Ruling Judge: Johnny Williams; Majority Opinion: Maxwell, J. Disposition: The judgment of the Marion County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Northeast Mental Health-Mental Retardation Commission v. V. M. Cleveland; Lee Chancery Court; LC Case #: 11-1449-41-MM; Ruling Date: 08/28/2012; Ruling Judge: C. Malski; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Dillon Williams a/k/a Dillon D. Williams a/k/a Dillon Dewayne Williams v. State of Mississippi; Marshall Circuit Court; LC Case #: CV2012-448; Ruling Date: 01/10/2013; Ruling Judge: John Gregory; Majority Opinion: Carlton, J. Disposition: The judgment of the Marshall County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion.

Jabariakias Cunningham a/k/a Jabariakias Kentez Cunningham a/k/a Jabariakias K. Cunningham a/k/a Jaboriakias "Knunch" Cunningham v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0173-CR1H; Ruling Date: 03/02/2012; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of armed robbery and aggravated assault and sentence as a habitual offender of twenty years for each count, in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, with the sentences to run consecutively, and to pay a $1,000 fine for each count, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Howard Clarke Reeves v. Brenda McCullough Reeves; Lincoln Chancery Court; LC Case #: 2011-0248; Ruling Date: 03/22/2012; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lincoln 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, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

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; Majority Opinion: Ishee, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of statutory rape and sexual battery and sentence as a habitual offender to life on each count, with the sentences to run consecutively, all 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Darby Lee Carson v. Jesse Andrew Butler; Monroe Chancery Court; LC Case #: CV2009-0008-48-H; Ruling Date: 09/06/2012; Ruling Judge: John Hatcher; Majority Opinion: Ishee, J. Disposition: The judgment of the Monroe 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, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Tracy Vance v. Town of Lula; Coahoma Circuit Court; LC Case #: 14-CI-11-0093-JEW; Ruling Date: 09/26/2012; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Coahoma 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, Carlton, Maxwell and Fair, JJ., Concur. Roberts, J., Concurs in Result Only Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Marcus Bates a/k/a Marcus S. Bates v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0170-C; Ruling Date: 12/04/2012; Ruling Judge: Samac Richardson; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result.

Bruce Chambers v. Clayton Bank & Trust Co. ; Leake Circuit Court; LC Case #: 12-CV-229-LE-C; Ruling Date: 12/06/2012; Ruling Judge: Vernon Cotten; Majority Opinion: Ishee, J. Disposition: The appeal is dismissed as moot. All cost of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion. James, J., Not Participating.

Rashaud Day a/k/a Rashad Day a/k/a Rashud Day a/k/a Rushed Day a/k/a Roshaud D. Day a/k/a Roshaud Day a/k/a Rashard Day v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,0060; Ruling Date: 05/18/2012; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Holmes County Circuit Court 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 Holmes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Alvin Renon Riley a/k/a Alvin Riley v. State of Mississippi; Walthall Circuit Court; LC Case #: 2010-33T; Ruling Date: 04/18/2012; Ruling Judge: Michael Taylor; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Walthall County of conviction of the sale of less than one hundred dosage units of hydrocodone and sentence of fifteen years, with six years to serve in the custody of the Mississippi Department of Corrections, and the remaining nine years suspended for post-release supervision, and to pay a $5,000 fine, 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, Fair and James, JJ., Concur.

Carl Richard Cook a/k/a Carl R. Cook a/k/a Carl Cook v. Rankin County, Mississippi; Rankin Circuit Court; LC Case #: 23695; Ruling Date: 09/10/2012; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of driving under the influence, first offense, and sentence of forty-eight hours in the Rankin County jail, with forty-eight hours suspended, and to pay a fine of $1000, with $500 suspended, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only.

Glen Conley v. Christopher Epps; Sunflower Circuit Court; LC Case #: 2012-0352; Ruling Date: 11/01/2012; Ruling Judge: Richard Smith; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Sunflower County Circuit Court is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Darius Cornelius Ford a/k/a Darius Ford a/k/a Darius C. Ford a/k/a Cornelius Ford a/k/a Popcorn v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-162-SC-G; Ruling Date: 02/08/2012; Ruling Judge: Marcus Gordon; Majority Opinion: Irving, P.J. Disposition: The judgment of the Scott County Circuit Court of conviction of Count I, aggravated assault, and sentence, as a habitual offender, of twenty years; and Count II, possession of a firearm by a convicted felon, and sentence, as a habitual offender, of ten years, with the sentence in Count II to run consecutively to the sentence in Count I, all 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 Scott County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Eric B. Gore a/k/a Eric Bradley Gore v. State of Mississippi; Webster Circuit Court; LC Case #: 2011-30-CR; Ruling Date: 06/28/2012; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Webster County Circuit Court of conviction of driving under the influence, first offense, and sentence of forty-eight hours in the Webster County jail, with the sentence suspended subject to successful completion of six months of probation, payment of a $520.50 fine, and additional conditions, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Craig D. Sallie a/k/a Craig D. Sallie, Sr. a/k/a Craig Sallie v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0092-E; Ruling Date: 06/25/2012; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Madison County Circuit Court of conviction of Count I, aggravated assault, and sentence of twenty years; Count II, possession of a weapon by a convicted felon, and sentence of ten years; with the sentences in Count I and Count II to run concurrently with each other; and an additional ten years as an enhancement for the use of a firearm during the commission of a felony to run consecutively with Counts I and II, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Willie Doss v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0309-CVH; Ruling Date: 07/31/2012; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Oktibbeha County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Result Only.

John Edward Corser a/k/a John E. Corser a/k/a John E. Corser, Sr. a/k/a John Edward Corser, Sr. a/k/a John Corser v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-00034; Ruling Date: 06/22/2012; Ruling Judge: John Gargiulo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hancock County Circuit Court of conviction of Count I, sexual battery, and sentence of thirty-five years; and Count II, sexual battery, and sentence of thirty-five years, with both sentences to run concurrently and to be served in the custody of the Mississippi Department of Corrections without the possibility of pardon, parole, or suspension of sentence, is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Marion Strickland v. South Panola School District, Keith Shaffer, in His Capacity as Superintendent of the South Panola School District, Sandra Darby, Jerry Cooley, Kim Nix, Lygunnah Bean, W. E. "Buddy" Gray, in Their Official Capacities as Members of the Board of Trustees of the South Panola School District; Panola Chancery Court 2nd District; LC Case #: B12-11-494; Ruling Date: 12/03/2012; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Panola County Chancery court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Not Participating.

James Smith a/k/a James Estus Smith a/k/a Estus James Smith a/k/a Outlaw v. State of Mississippi; Lamar Circuit Court; LC Case #: 2012-070M; Ruling Date: 07/26/2012; Ruling Judge: Anthony Mozingo; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lamar County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lamar County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Tracy D. Lott and Jennifer Avara-Lott v. Pritchett Construction Company ; Lauderdale Circuit Court; LC Case #: 11-CV-177-B; Ruling Date: 02/07/2013; Ruling Judge: Robert Bailey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lauderdale County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Not Participating.

Mary Terrell v. Robert Terrell; Jackson Chancery Court; LC Case #: 2007-2115-JB; Ruling Date: 04/04/2011; Ruling Judge: Jaye Bradley; Disposition: The motion for rehearing is denied. Barnes and James, JJ., would grant.

Brandon Grindle a/k/a Bam v. State of Mississippi; Marion Circuit Court; LC Case #: K11-0078H; Ruling Date: 10/21/2011; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. James, J., would grant.

Kimberlye Estes Brown v. Hickman Scott Brown; Chickasaw Chancery Court 1st District; LC Case #: CV2010-100102-DWC; Ruling Date: 10/24/2011; Ruling Judge: Dorothy Colom; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chickasaw County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell v. State of Mississippi; Marion Circuit Court; LC Case #: K10-0134P; Ruling Date: 03/17/2011; Ruling Judge: Anthony Mozingo; Disposition: The motion for rehearing is denied.

Nancy Downey a/k/a Nancy Pruitt Downey a/k/a "Cookie" v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-305-KR2; Ruling Date: 02/29/2012; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied.

Robert E. Lewis, Jr. a/k/a Robert Earl Lewis, Jr. a/k/a Robert Lewis v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0029-CVI; Ruling Date: 05/22/2012; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied.

Laura Lane-Lott v. Harold White and Anne Borgen White; Pearl River Circuit Court; LC Case #: 2010-0171H; Ruling Date: 05/31/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pearl River 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, Fair and James, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Angela Rigdon a/k/a Angela Eugenia Rigdon a/k/a Angela E. Rigdon v. State of Mississippi; Forrest Circuit Court; LC Case #: CI 11-0011; Ruling Date: 06/15/2012; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.