12/07/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
XX  2009-CA-00700-COA

H. K. Herndon, Jr. and Myrna J. Herndon v. Mississippi Forestry Commission and Jimmy D. Bond; Pearl River Circuit Court; LC Case #: 2007-0104P; Ruling Date: 04/06/2009; Ruling Judge: R. Prichard, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Lee, P.J. Dissenting Opinion: Carlton, J. Votes: Lee, P.J., joins this opinion.

Charles Anderson v. State of Mississippi; Lamar Circuit Court; LC Case #: 2003-K-428P; Ruling Date: 05/12/2009; Ruling Judge: R. Prichard, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Lamar County of conviction of Count II, arson, and sentence of twenty years, with the sentence to run consecutively to a previously imposed sentence, in the custody of the Mississippi Department of Corrections, and to pay restitution of $136,391, is affirmed. All costs of this appeal are assessed to Lamar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Albert Abraham, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0196CD; Ruling Date: 09/10/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving and Maxwell, JJ., not participating.

Margie Edna (Galloway) Mallett Wilson v. Byron Keith Mallett; DeSoto Chancery Court; LC Case #: 02-07-977(VC); Ruling Date: 10/06/2009; Ruling Judge: Vicki Cobb; Majority Opinion: Myers, P.J. Disposition: This appeal is dismissed as moot. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Kurt D. Middleton v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0070; Ruling Date: 06/05/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, P.J. Disposition: The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Myers, P.J., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Barnes and Carlton, JJ., concur in the result only without separate written opinion. King, C.J., specially concurs with separate written opinion. Specially Concurring Opinion: King, C.J.

Michael T. Hendon, Sherry Hendon and Charles Hendon v. Beverly Lang and Robert C. Lang; Copiah Circuit Court; LC Case #: 2003-0442; Ruling Date: 04/07/2008; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Jermorris Pilcher v. State of Mississippi; Leflore Circuit Court; LC Case #: 2007-0087; Ruling Date: 04/04/2008; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Curtis Ervin, on Behalf of the Wrongful Death Beneficiaries and as Administrator of the Estate of Janice Ervin, Deceased v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2005-250; Ruling Date: 10/06/2008; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. King, C.J., Lee, P.J., and Carlton, J., not participating. Order entered.

In the Estate of Cynthia Wallace, Deceased, Personal Representative Louis M. Wallace v. Emad H. Mohamed, M.D., Bristol Myers Squibb Company and Sanofi Synthelabo, Inc.; Lowndes Circuit Court; LC Case #: 2005-0176-CV1; Ruling Date: 12/15/2008; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

C.F.P. Properties, Inc. v. Roleh, Inc.; Harrison Chancery Court 1st District; LC Case #: C2401-08-0988(1); Ruling Date: 02/09/2009; Ruling Judge: James Persons; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Randall M. Powell v. State of Mississippi; Copiah Circuit Court; LC Case #: 2008-0181CR; Ruling Date: 03/03/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Myers, P.J. Disposition: The motion for rehearing is denied. The original opinion issued in this case is withdrawn, and the following opinion is substituted therefor. The judgment of the Circuit Court of Copiah County of conviction of statutory rape and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Alan M. Avant v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CV-378-A-LE-C; Ruling Date: 04/15/2009; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied. Order entered.

James Donald Killen v. Mattie Beatrice Jenkins Killen; Lauderdale Chancery Court; LC Case #: 08-717-P; Ruling Date: 04/07/2009; Ruling Judge: Lawrence Primeaux; Disposition: The motion for rehearing is denied. Order entered.

Benjamin Roberson v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-370; Ruling Date: 05/20/2009; Ruling Judge: Richard Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of sexual battery of a child under eighteen by a person in a position of authority and trust and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with twenty years to serve and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion.

Rebuild America, Inc. v. Robert McGee, Mattie P. McGee, and Merchants and Farmers Bank; Hinds Chancery Court 1st District; LC Case #: G2007-2239S/2; Ruling Date: 06/23/2009; Ruling Judge: William Singletary; Majority Opinion: Maxwell, J. Disposition: The motion for rehearing is granted. The original opinion of this court is withdrawn, and this opinion is substituted in lieu thereof. The judgment of the Chancery Court of Hinds County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are divided equally between the appellant and the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Shelby Ray Parham v. State of Mississippi; Clay Circuit Court; LC Case #: 2009-0110; Ruling Date: 07/24/2009; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.