Mississippi Court of AppealsHand Down List
December 6, 2005
12/06/2005 - Hand Down and published opinions in WordPerfect/ZIP format
Ishee, David Michael
XX 2004-KA-01103-COA
Ricky L. Mooneyham v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR03-046; Ruling Date: 04/02/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Ishee, J. Disposition: The judgment of the Pontotoc County Circuit Court of conviction of three counts of fondling and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur. Specially Concurring Opinion: Chandler, J. Votes: Bridges, Irving, Griffis and Barnes, JJ., joins this opinion. Ishee, J., joins this opinion in part.
Ishee, David Michael
X 2005-CA-00011-COA
In the Matter of The Estate of Alvarado H. Kelly, Deceased: William Kelly v. Sarah D. Cuevas; Hancock Chancery Court; LC Case #: 2000-882; Ruling Date: 12/02/2004; Ruling Judge: Margaret Alfonso; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Hancock County is affirmed and remanded for a specific finding of the personal property located in Mississippi. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler and Griffis, JJ., concur. Barnes, J., concurs in part and in the result.
Barnes, Donna M.
X 2003-KA-01415-COA
Keith David Ward v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-01056; Ruling Date: 06/06/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of manslaughter and sentence of seventeen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.
Griffis, T. Kenneth
X 2004-CA-00960-COA
Jeffrey C. Haycraft and Donna Renea Haycraft v. Mid-State Construction Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 93-76-0490; Ruling Date: 04/02/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Griffis, J. Disposition: The order of the Circuit Court of Hinds County is affirmed. All costs of ths appeal are assessed to appellants. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.
Bridges, Billy G.
X 2004-CP-00515-COA
Juarez Keyes v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-00944; Ruling Date: 10/15/2003; Ruling Judge: W. Yerger; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Hinds County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis and Ishee, JJ., concur. Irving, J., concurs in result only. Barnes, J., concurs in part and in the result.
Bridges, Billy G.
X 2004-CA-01895-COA
Wanda A. Williams v. James Smith, Jr.; Jackson Chancery Court; LC Case #: 50401; Ruling Date: 12/22/2003; Ruling Judge: Sanford Steckler; Majority Opinion: Bridges, J. Disposition: The judgment of the Chancery Court of Jackson 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 and Ishee, JJ., concur.
Bridges, Billy G.
X 2004-CP-01940-COA
Omar Moody v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0114-CV1; Ruling Date: 08/25/2004; Ruling Judge: Lee Howard; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Lowndes County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.
Bridges, Billy G.
X 2004-CA-02229-COA
Trenton Lamartiniere, Tony Rachal and Shawn Brouillette v. Matthew B. Jones; Madison Circuit Court; LC Case #: CI-2001-0155; Ruling Date: 08/30/2004; Ruling Judge: William Chapman, III; Majority Opinion: Bridges, J. Disposition: The judgment of Circuit Court of Madison 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 and Ishee, JJ., concur.
King, Leslie D.
X 2003-CP-00798-COA
Adam Gonzales, Jr. v. State of Mississippi; Washington Circuit Court; LC Case #: HC-214; Ruling Date: 10/01/2001; Ruling Judge: W. Hines; Majority Opinion: King, C.J. Disposition: The judgment of the Washington County Circuit Court denying post-conviction is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.
King, Leslie D.
X 2004-CA-01013-COA
R.L.N. v. C.P.N.; Madison Chancery Court; LC Case #: 99-254; Ruling Date: 03/23/2004; Ruling Judge: William Lutz; Majority Opinion: King, C.J. Disposition: The judgment of the Madison County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.
EN BANC
X 2003-KA-01601-COA
Adam Wayne Roebuck v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-009-LE-C; Ruling Date: 05/16/2003; Ruling Judge: V. Cotten; Majority Opinion: Barnes, J. Disposition: The appellant's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Leake County is reversed and rendered. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.
EN BANC
X 2003-CP-01940-COA
Carlos D. Thomas a/k/a Carlos Thomas v. State of Mississippi; Adams Circuit Court; LC Case #: 03-KV-0174-S; Ruling Date: 08/05/2003; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Adams County denying petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Adams County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Barnes and Ishee, JJ., concur.
EN BANC
2004-KA-00076-COA
Billy Allen McCamey v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0708-CR1; Ruling Date: 12/11/2003; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant. Chandler, J., not participating.
EN BANC
2004-KA-00460-COA
James K. Moore a/k/a James Kirk Moore v. State of Mississippi; Rankin Circuit Court; LC Case #: 14414; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Disposition: Appellant's motion for rehearing is denied.
EN BANC
X 2004-KA-00504-COA
Barry Stephan Townsend v. State of Mississippi; Lee Circuit Court; LC Case #: CR02-1000; Ruling Date: 02/25/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of Count I - rape and sentence of thirty-five years; Count III - sexual battery and sentence of thirty years; Count IV - sexual battery and sentence of thirty years, with twenty years suspended, with all sentences to run consecutively to each other, all in the custody of the Mississippi Department of Corrections without the possibility of parole, is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Ishee, JJ., concur.
EN BANC
2004-CA-00754-COA
Brenda Demo Roberts v. William Frederick Roberts; DeSoto Chancery Court; LC Case #: 02-08-1175(L); Ruling Date: 09/24/2003; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellant's motion for rehearing is denied.
EN BANC
X 2004-KA-00840-COA
Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: Irving, J. Disposition: This appeal is dismissed, and all costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
2004-CP-01052-COA
Marlon Israel Morris v. State of Mississippi; Jackson Circuit Court; LC Case #: 02-00,068; Ruling Date: 04/06/2004; Ruling Judge: Robert Krebs; Disposition: Appellant's motion for rehearing is denied.
EN BANC
X 2004-CA-01273-COA
Maurice P. Duncan, Sr. v. Kim G. Evans Duncan; Adams Chancery Court; LC Case #: 2003-455; Ruling Date: 05/24/2004; Ruling Judge: Kennie Middleton; Majority Opinion: Irving, J. Disposition: The judgment of the Adams County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
XX 2004-IA-01462-COA
Samuel Shaw a/k/a Samuel N. Shaw v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-127; Ruling Date: 06/29/2004; Ruling Judge: William Chapman, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Madison County Circuit Court is reversed in part and affirmed in part. All costs of this appeal are taxed to the appellant. Votes: King, C.J., Lee, P.J., Chandler and Ishee, JJ., concur. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Bridges, Griffis and Barnes, JJ., join this opinion.
EN BANC
X 2004-CA-01509-COA
Charles Richard Keys v. Janet Lee Andries Keys; Hinds Chancery Court 1st District; LC Case #: 149,517 S/2; Ruling Date: 05/20/2004; Ruling Judge: William Singletary; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
X 2004-CP-01526-COA
Sammie Lee Epps, Jr. v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2004-0093-CV-M; Ruling Date: 06/23/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Montgomery County Circuit Court dismissing post-conviction relief is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.
EN BANC
X 2004-KA-01532-COA
Rodney Hill v. State of Mississippi; Lee Circuit Court; LC Case #: CR03-758; Ruling Date: 06/02/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Griffis, J. Disposition: The judgment of the Lee County Circuit Court on the conviction of burglary of a building other than a dwelling is reversed and remanded for re-sentencing consistent with this opinion. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.
EN BANC
X 2004-CP-02026-COA
Jessie D. Boyett, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2004-0099RD; Ruling Date: 09/20/2004; Ruling Judge: George Ready; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of DeSoto County denying motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.
EN BANC
2005-CP-01080-COA
Jessie Jenkins, Jr. v. State of Mississippi; Lafayette Circuit Court; LC Case #: L05-133; Ruling Date: 04/22/2005; Ruling Judge: Andrew Howorth; Disposition: Motion to Dismiss is granted. All costs of appeal are assessed to Lafayette County. Order entered.