12/06/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
X  2010-CA-01431-COA

Freddie L. Knox, Kenyatta Knox, Jeremy Knox, Kishun Knox, Mary L. Knox, Lakidra Ramone Knox, Tyangela Knox, Yolanda Knox, Deliyah Watson, Walter Watson, Natasha Knox, Fredrick Knox and Markeya Knox v. George Mahalitc; Washington Circuit Court; LC Case #: CV-2008-0055-CI; Ruling Date: 07/28/2010; Ruling Judge: Richard Smith; Majority Opinion: Russell, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, J., not participating.

Dorothy Knight v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-954-CIV-SY; Ruling Date: 08/30/2010; Ruling Judge: W. Yerger; Majority Opinion: Russell, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, P.J., and Carlton, J., dissent without separate written opinion. Myers, J., not participating.

Mark Anthony Armon v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 08-0-113; Ruling Date: 07/28/2010; Ruling Judge: S. Harrison; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Hinds County 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 the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, J., not participating.

Ray Allen Newberry a/k/a Raymond Allen Newberry a/k/a Raymond Allen Wright v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-07-289; Ruling Date: 03/19/2009; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of cocaine and sentence of life as a habitual offender 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 Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Russell, JJ., concur. Myers, J., not participating.

Rafael Perez a/k/a Ray Perez and Kathy Perez v. The University of Mississippi Medical Center and Cardinal Health 109, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-04-468CIV; Ruling Date: 08/21/2009; Ruling Judge: William Coleman; Majority Opinion: Carlton, 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., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Robert Smith v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0001-M; Ruling Date: 05/28/2010; Ruling Judge: W. Hines; Majority Opinion: Carlton, J. Disposition: The judgment of the Sunflower County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Derrick T. Williams v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 664-08; Ruling Date: 01/26/2010; Ruling Judge: Robert Bailey; Majority Opinion: Roberts, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of Count II, capital murder, and sentence of life without eligibility for parole or probation and Count III, theft of a motor vehicle, and sentence of ten years to run consecutively to the sentence in Count II, all in the custody of the Mississippi Department of Corrections, is affirmed. The judgment of conviction of Count I, armed robbery, and sentence of twenty years to run concurrently with the sentence in Count II is reversed and rendered. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Peter McGovern v. Mississippi Department of Corrections; Hinds Circuit Court 1st District; LC Case #: 251-10-146; Ruling Date: 06/21/2010; Ruling Judge: W. Yerger; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Maxwell and Russell, JJ., concur. Irving, P.J., concurs in part and in the result. Carlton, J., concurs in result only.

Amir Young v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-160CRH; Ruling Date: 08/05/2010; Ruling Judge: S. Harrison; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, armed robbery, and sentence of thirty years and Count II, possession of a firearm by a convicted felon, and sentence of ten years to run concurrently with the sentence in Count I, all as a habitual offender 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 Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Troy Lundquist and Jennifer Lundquist v. Todd Construction, LLC; Monroe Circuit Court; LC Case #: 06-233-GM; Ruling Date: 03/08/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Barnes, J. Disposition: The appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

James L. Holmes v. State of Mississippi; Lee Circuit Court; LC Case #: CV09-116(R)L; Ruling Date: 07/29/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Lee County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

John Reynolds v. City of Water Valley, Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2009-1-MY2; Ruling Date: 05/04/2010; Ruling Judge: James McClure, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Yalobusha County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., dissents with separate written opinion. Myers, J., not participating. Dissenting Opinion: Carlton, J.

Lonnie Young a/k/a Xmoe Dragon v. State of Mississippi; Wayne Circuit Court; LC Case #: 09-32-K; Ruling Date: 01/13/2010; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Order entered.

Joseph Bennett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-559CRY; Ruling Date: 12/02/2009; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Order entered.

Frank Demetrius Patton v. State of Mississippi; Jackson Circuit Court; LC Case #: 2008-10,847(1); Ruling Date: 11/10/2009; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Order entered.

Jerome Patterson v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2010-012CR; Ruling Date: 02/24/2010; Ruling Judge: C. Morgan, III; Majority Opinion: Griffis, P.J. Disposition: The motion for rehearing is granted, and our original opinion is withdrawn, with this opinion substituted in lieu thereof. The judgment of the Circuit Court of Choctaw County of conviction of sale of a schedule III controlled substance and sentence of fifteen years in the custody of the Mississippi Department of Corrections with seven years suspended, eight years to serve, and five years of supervised probation is affirmed. All costs of this appeal are assessed to Choctaw County. Votes: Lee, C.J., Irving, P.J., Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur. Ishee, J., dissents without separate written opinion. Myers, J., not participating.

Kendrick Lamar Williams a/k/a Scooter v. State of Mississippi; Pike Circuit Court; LC Case #: 2009-216-PKS-1; Ruling Date: 02/24/2010; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Glen Avent v. Mississippi Power & Light Company (Entergy Mississippi, Inc.); Tunica Circuit Court; LC Case #: 96-0246; Ruling Date: 04/30/2010; Ruling Judge: Kenneth Thomas; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, P.J., dissents with separate written opinion joined by Russell, J. Lee, C.J., and Myers, J., not participating. Dissenting Opinion: Irving, P.J. Votes: Russell, J., joins this opinion.

City of Jackson, Mississippi v. Basil Thornton; Hinds Circuit Court 1st District; LC Case #: 251-06-626CIV; Ruling Date: 05/05/2010; Ruling Judge: W. Yerger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Irving, P.J., Barnes, Roberts, Maxwell and Russell, JJ., concur. Ishee, J., dissents in part with separate written opinion joined by Lee, C.J., and Carlton, J. Myers, J., not participating. Dissenting in Part Opinion: Ishee, J. Votes: Lee, C.J., and Carlton, J., join this opinion.

Ellis Dawkins v. State of Mississippi; Marshall Circuit Court; LC Case #: CV09-346; Ruling Date: 02/08/2010; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing is denied. Order entered.

Freddie Payton v. State of Mississippi; Attala Circuit Court; LC Case #: 10-0155-CV-L; Ruling Date: 08/10/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Attala County dismissing the motion for post-conviction collateral relief is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Attala County. Votes: Lee, C.J., Barnes, Ishee, Roberts, Maxwell and Russell, JJ., concur. Irving, P.J., concurs in part and in the result without separate written opinion. Carlton, J., dissents without separate written opinion. Myers, J., not participating.