12/08/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2007-KA-02300-COA

Wanda Leona Blakeney v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-261-KR2B; Ruling Date: 12/20/2007; Ruling Judge: Billy Landrum; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of two counts of murder and sentences of life for each count to run consecutively in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

K.R. Daughtrey and Paul Upton v. William Wallace Allred; Jones Chancery Court 2nd District; LC Case #: 2003-0131; Ruling Date: 04/15/2008; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Jones County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Drake L. Lewis v. Tonia D. Lewis; Harrison Chancery Court 2nd District; LC Case #: C2402-06-00747(4); Ruling Date: 07/11/2008; Ruling Judge: Carter Bise; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Mississippi Insurance Guaranty Association v. Bridgette Blakeney; Jones Circuit Court 2nd District; LC Case #: 2008-942-CV08; Ruling Date: 10/27/2008; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

In Re: Appointment of A Conservator of The Person and Estate of Ruby Chism Ellis: Bobbie L. Ellis v. Stephanie Chism Turner; Lee Chancery Court; LC Case #: 08-0626; Ruling Date: 11/12/2008; Ruling Judge: Jacqueline Mask; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in result only.

Thomas J. Amerson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 09-CV-016(W); Ruling Date: 03/12/2009; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lauderdale County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., not participating.

Rondell Young v. City of Biloxi, A Body Politic and Its Civil Service Commission; Harrison Circuit Court 2nd District; LC Case #: A2402-2007-00082; Ruling Date: 10/10/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

CNRS & Z, Inc. d/b/a NU-2-U Auto Sales v. Randy Medious; Marion Circuit Court; LC Case #: 2008-215H; Ruling Date: 09/24/2008; Ruling Judge: Prentiss Harrell; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Marion County is affirmed. All cost of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Green Tree Servicing, LLC v. Linda Kay Dukes; Adams Chancery Court; LC Case #: 2004-457; Ruling Date: 02/25/2009; Ruling Judge: Kennie Middleton; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Adams County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Myers, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Lee, P.J., concurs in result only. Irving, J., not participating.

Krystal Marie Teston v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2005-0096; Ruling Date: 01/22/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Griffis and Maxwell, JJ., not participating. Order entered.

Vernon Frazier v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-01205H-PC; Ruling Date: 06/27/2007; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Order entered.

Gregory Deon Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-250; Ruling Date: 07/26/2006; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Order entered.

Michael A. Thompson v. Rizzo Farms, Inc.; Bolivar Circuit Court 2nd District; LC Case #: 2003-0094; Ruling Date: 08/14/2007; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Richard A. Simoneaux v. State of Mississippi; Pike Circuit Court; LC Case #: 2007-166-PCS; Ruling Date: 08/29/2007; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. King, C.J., Griffis and Roberts, JJ., would grant. Order entered.

Percy Clark, Jr. a/k/a Percy Clark v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-781(1) & (2); Ruling Date: 10/03/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Claudine Brown, Individually and as Administratrix of the Estate of Charles Brown, Deceased and on behalf of all Wrongful Death Beneficiaries of Charles Brown, Deceased v. Progressive Gulf Insurance Company; Yazoo Circuit Court; LC Case #: 2005-CI-92; Ruling Date: 12/12/2007; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied. Lee, P.J., not participating. Order entered.

Gregory Wayne Hudson v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR-06-104; Ruling Date: 01/25/2008; Ruling Judge: James Pounds; Majority Opinion: King, C.J. Disposition: The judgment of the Itawamba County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Itawamba County. Votes: Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined by Lee and Myers, P.JJ. Dissenting Opinion: Carlton, J. Votes: Lee and Myers, P.JJ., join this opinion.

Steve Lacroix v. Marshall County Board of Supervisors, Eddie Dixon, Keith Taylor, Willie Flemon, George Zinn, Ronnie Joe Bennett, Marshall County Planning Commission, Conway Moore, Steve Wilson, Larry Hall, Kay Brownlee, C. W. "Chuck" Thomas and Susie Hill; Marshall Chancery Court; LC Case #: 07-0437-A; Ruling Date: 02/20/2008; Ruling Judge: John Hatcher; Disposition: The motion for rehearing is denied. Order entered.

Paul Allen Houser v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0056-CR1; Ruling Date: 12/07/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Kenneth Hill and Teresa Hill v. Wayne E. Johnson and Molly N. Johnson; Chickasaw Chancery Court 1st District; LC Case #: 2007-0013-1C; Ruling Date: 03/26/2008; Ruling Judge: Dorothy Colom; Disposition: The motion for rehearing is denied. Order entered.

Willie Earl Gray a/k/a Joe Collier v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-838-CIV; Ruling Date: 10/12/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

In The Matter of The Estate of Martha Thomas Kabbes Burns, One and the Same Person as Martha Thomas Kabbes, Deceased: John Clayton Kabbes v. John Baxter Burns; Hinds Chancery Court 1st District; LC Case #: P-2002-523-O/3; Ruling Date: 03/25/2008; Ruling Judge: Denise Owens; Disposition: The motion for rehearing is denied. Order entered.

Keith Leon Johnson v. State of Mississippi; Newton Circuit Court; LC Case #: 07-CR-047-NWC; Ruling Date: 04/16/2008; Ruling Judge: Vernon Cotten; Disposition: The motions for rehearing are denied. Order entered.

Michael Jerome Williams, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-184; Ruling Date: 12/12/2007; Ruling Judge: W. Yerger; Disposition: The motions for rehearing are denied. Order entered.

Anfei Luo Henrichs v. Donald Walter Henrichs; Tate Chancery Court; LC Case #: 06-09-0425; Ruling Date: 04/29/2008; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Order entered.

Cherelle L. German a/k/a Cherelle Lamar German v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK06-107; Ruling Date: 06/05/2008; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Charles R. Nelson v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-136; Ruling Date: 08/20/2008; Ruling Judge: Betty Sanders; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of the Estate and Last Will and Testament of Willie Ray Rutland, Diane Rutland Nations, Gregory Rutland, Peggy Rutland Jones and Calvin Rutland v. Rickie Dale Rutland and Todd Rutland; Lawrence Chancery Court; LC Case #: 2005-0036; Ruling Date: 09/04/2008; Ruling Judge: J. Buffington; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Lawrence County is reversed, and judgment is rendered finding that the 2002 will is valid and shall be admitted to probate. The judgment is affirmed on cross-appeal. This case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees/cross-appellants. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., not participating.