12/04/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
X  2011-CA-00781-COA

Shayna R. Hamby v. Darin Hamby; Madison Chancery Court; LC Case #: 2007-328-G; Ruling Date: 05/06/2011; Ruling Judge: Janace Goree; Majority Opinion: Russell, J. Disposition: The judgment of the Madison 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, Maxwell and Fair, JJ., Concur.

Estate of Paul Lucien Ristroph, Deceased: John H. Ristroph v. Paul Lucien Ristroph, III; Hancock Chancery Court; LC Case #: C2301-07-787(3); Ruling Date: 06/02/2011; Ruling Judge: Sanford Steckler; Consolidated with 2011-CA-00009-COA John H. Ristroph v. Paul Lucien Ristroph, III; Hancock Chancery Court; LC Case #: C2301-07-787(3); Ruling Date: 09/10/2010; Ruling Judge: Sanford Steckler; Majority Opinion: Maxwell, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur. Barnes, J., Dissents Without Separate Written Opinion.

Bruce Calvin McCoy a/k/a Bruce McCoy a/k/a Bruce C. McCoy v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2011-106-LS; Ruling Date: 07/28/2011; Ruling Judge: David Strong, Jr.; Consolidated with 2011-CP-01315-COA Bruce Calvin McCoy a/k/a Bruce McCoy a/k/a Bruce C. McCoy v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2011-107-LS; Ruling Date: 07/28/2011; Ruling Judge: David Strong, Jr.; Consolidated with 2011-CP-01316-COA Bruce Calvin McCoy v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2011-108-LS; Ruling Date: 07/28/2011; Ruling Judge: David Strong, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgments of the Lincoln County Circuit Court dismissing the motions for post-conviction relief are affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Michael Ducksworth v. State of Mississippi; Forrest Circuit Court; LC Case #: CI11-0111; Ruling Date: 12/01/2011; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, J. Disposition: The judgment of the Forrest County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Result Only Without Separate Written Opinion. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion.

Larry R. Wilbanks v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV07-000490(PF)(A); Ruling Date: 09/09/2011; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Alcorn County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

Beverly D. Butler v. Dolgencorp, Inc. and Dolgencorp, LLC; Pike Circuit Court; LC Case #: 11-039-PCS; Ruling Date: 05/12/2011; Ruling Judge: David Strong, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of the appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Barnes and Russell, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Doris Elizabeth Frazier v. McDonald's Restaurants of Mississippi, Inc. d/b/a McDonald's USA; Harrison Circuit Court 2nd District; LC Case #: A2402-09-151; Ruling Date: 07/18/2011; Ruling Judge: Roger Clark; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton and Russell, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Maxwell and Fair, JJ., Not Participating.

Marianne M. Mabie, as Personal Representative of the Estate of Lefferts L. Mabie, Jr. v. Roy Shannon; Harrison Circuit Court 2nd District; LC Case #: A2402 07 115; Ruling Date: 06/30/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Harrison County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

KGC Properties, Inc., v. Triangle Maintenance Services, LLC; Lafayette Chancery Court; LC Case #: 2009-171(R); Ruling Date: 04/18/2011; Ruling Judge: Glenn Alderson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving, P.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Griffis, P.J., Dissents With Separate Written Opinion, Joined by Barnes, J. Dissenting Opinion: Griffis, P.J. Votes: Barnes, J., Joins This Opinion.

J.C. Williams v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-118-KR2; Ruling Date: 10/12/2009; Ruling Judge: Billy Landrum; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jones County Circuit Court of conviction of sale of cocaine and sentence of forty years as a habitual offender, with ten years suspended and thirty years to serve in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Jones County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Jimmy Culbert v. Christopher B. Epps, Commissioner and Mississippi Department of Corrections; Jefferson Circuit Court; LC Case #: 2010-158; Ruling Date: 07/05/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jefferson County Circuit Court dismissing the complaint is affirmed. All costs of this appeal are assessed to Jefferson County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Roy Lee Ray a/k/a Roy L. Ray a/k/a Roy Ray a/k/a Roy Lee Ray Jr. v. State of Mississippi; Greene Circuit Court; LC Case #: 2011-115(2); Ruling Date: 08/19/2011; Ruling Judge: Kathy Jackson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Greene County Circuit Court affirming the decision of the Mississippi Department of Corrections through its Administrative Remedy Program is reversed and rendered. All costs of this appeal are assessed to Greene County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Mary Barrow, Individually and for the Benefit of the Wrongful Death Heirs of Latisha Barrow and the Estate of Latisha Barrow, By and Through Mary Barrow, Administratrix v. Reul May, Jr., D.D.S.; Hinds Circuit Court 1st District; LC Case #: 251-07-1212CIV; Ruling Date: 08/09/2010; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., would grant. Order entered.

John Barry Bowen v. Patricia Lynn (Curico) Bowen; DeSoto Chancery Court; LC Case #: 04-09-1491; Ruling Date: 05/04/2010; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Order entered.

Knight's Marine & Industrial Services Inc. v. Steve Lee, Liberty Mutual Insurance Company and Fox-Everett, Inc.; Jackson Circuit Court; LC Case #: 2005-00,031(2); Ruling Date: 10/04/2010; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Order entered.

W.G. Yates & Sons Construction Company v. City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: 09-0355; Ruling Date: 09/27/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The moton for rehearing is denied. Ishee, J., not participating. Order entered.

Ronald Payne and Thomas Payne, Individually and on Behalf of The Wrongful Death Beneficiaries of Marie Payne, Deceased v. Cleveland Gowdy, Individually and as an Employee of Schneider National Carriers, Inc., and Schneider National Carriers, Inc.; Lauderdale Circuit Court; LC Case #: 09-CV-007W; Ruling Date: 08/19/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Irving, P.J., and Russell, J., would grant. Order entered.

State of Mississippi v. Joe Van Parkman; Marion Circuit Court; LC Case #: K09-208H; Ruling Date: 11/18/2010; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Marilyn Bradford v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2010-013-CR2; Ruling Date: 12/03/2010; Ruling Judge: Kenneth Thomas; Disposition: The motion for rehearing is denied. Order entered.

Julius Federick a/k/a J.J. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2010-0307; Ruling Date: 01/21/2011; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Order entered.

Tytus Williams a/k/a Tytus D. Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-09-732-CIV; Ruling Date: 10/27/2009; Ruling Judge: L. Breland Hilburn; Disposition: The motion for rehearing is denied. Order entered.

James Felton Bell a/k/a James Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 2010-446 CVL; Ruling Date: 04/07/2011; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Rebecca Anderson a/k/a Rebecca Latham v. State of Mississippi; Rankin Circuit Court; LC Case #: 22,541; Ruling Date: 04/26/2011; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-042(W); Ruling Date: 07/08/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Susan Sammie Smith v. Sysco Food Services and Fidelity & Guaranty Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-09-616 civ; Ruling Date: 07/21/2011; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

Jairus Weathersby v. State of Mississippi; Pike Circuit Court; LC Case #: 11-192-PKS; Ruling Date: 01/10/2012; Ruling Judge: David Strong, Jr.; Disposition: Motion to Dismiss Appeal is granted. All costs of this appeal are assessed to the appellant. Order entered.

James Williams v. State of Mississippi; Greene Circuit Court; LC Case #: 21-97-10-035(1); Ruling Date: 02/24/2012; Ruling Judge: Robert Krebs; Disposition: Appellee's Motion to Dismiss is granted. All costs of this appeal are assessed to Greene County. Order entered.

Robert Ed Pollard v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-017(B); Ruling Date: 05/04/2012; Ruling Judge: Robert Bailey; Disposition: Motion to Reinstate Appeal is granted. The appellant shall file the brief on or before December 31, 2012. Order entered.

Randall M. Powell a/k/a Randall Migeal Powell v. State of Mississippi; Copiah Circuit Court; LC Case #: 2012-0173; Ruling Date: 06/11/2012; Ruling Judge: Lamar Pickard; Disposition: Motion to Dismiss Appeal is granted. All costs of this appeal are assessed to Copiah County. Order entered.

Floyd Mayfield v. Advanced Disposal Services Mississippi, LLC and Arch Insurance Company; Hinds Mississippi Workers' Compensation Commission 1st District; LC Case #: 1009368-K-7146; Ruling Date: 08/24/2012; Ruling Judge: Liles Williams; Disposition: Employee and Carrier/Appellees' Motion to Dismiss Claimant's/Appellant's Appeal to the Supreme Court of Mississippi is passed for consideration with the merits of the appeal. Order entered.

Omar K. Humphrey a/k/a Omar Khayyan Humphrey v. State of Mississippi; Tate Circuit Court; LC Case #: CV 2010-0207 MT; Ruling Date: 07/30/2012; Ruling Judge: James McClure, III; Disposition: Motion for Leave to Proceed In Forma Pauperis and For Appointment of Counsel to Perfect the Appeal Pursuant to M.R.A.P. 6(a)(3) is granted in part and denied in part. The appellant is hereby allowed to appeal in forma pauperis, but no counsel is appointed for appeal. Order entered.

Angela Rigdon a/k/a Angela Eugenia Rigdon v. State of Mississippi; Forrest Circuit Court; LC Case #: CI 11-0011; Ruling Date: 06/15/2012; Ruling Judge: Robert Helfrich; Disposition: The appeal of the June 15, 2012 order is allowed to proceed. Order entered.

Leevester Brown v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0088; Ruling Date: 09/21/2012; Ruling Judge: Albert Smith, III; Disposition: Motion to Suspend the Rules and For Authority to Proceed Out of Time is granted. Order entered.

Johnny Lee Floyd v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-778; Ruling Date: 07/09/2012; Ruling Judge: Roger Clark; Disposition: Motion to Withdraw as Counsel and Leave to Proceed In Forma Pauperis granted in part. Melvin C. Cooper shall be permitted to withdraw as counsel for the appellant. The appellant shall file an affidavit of poverty within thirty (30) days of the entry of this order and, if the affidavit is filed, the Court may then grant the appellant in forma pauperis status. Order entered.

Niccola M. Welch v. State of Mississippi; Rankin Circuit Court; LC Case #: 2012-109E; Ruling Date: 07/19/2012; Ruling Judge: John Emfinger; Disposition: On the Court's own motion the appeal is dismissed. All costs of this appeal are assessed to the appellant. Order entered.

Dean C. Boyd v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CV-168-LE-G; Ruling Date: 07/17/2012; Ruling Judge: Marcus Gordon; Disposition: On the Court's own motion the appeal is dismissed. All costs of this appeal are assessed to the appellant. Order entered.