12/08/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2014-KM-01675-COA

Cornelius Parks a/k/a Cornelius A. Parks v. State of Mississippi; Kemper Circuit Court; LC Case #: 2011-CV-82-B; Ruling Date: 10/30/2014; Ruling Judge: Robert Bailey; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Kemper County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Kendra Stricklin a/k/a Kendra D. Stricklin a/k/a Kendra Danielle Stricklin a/k/a Kendra Strickland v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2014-0270-CVK; Ruling Date: 11/07/2014; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Wilson, J. Disposition: The judgment of the Oktibbeha County Circuit Court is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Edith Gaillard v. North Benton County Health Care and 21st Century Security Insurance Company; LC Case #: 0808750-K-6981-B; Ruling Date: 12/03/2014; Majority Opinion: Wilson, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Fred White v. Kenn Cockrell, Individually and as President of the Hinds County Human Resource Agency; and Hinds County Human Resource Agency; Hinds Circuit Court 1st District; LC Case #: 251-12-130CIV; Ruling Date: 04/07/2014; Ruling Judge: Tomie Green; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed in part and reversed in part, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, James and Wilson, JJ., Concur.

Charles Greg Davis v. The State of Mississippi, Ex Rel. Jim Hood, Attorney General, and Stacey Pickering, State Auditor, for the Use and Benefit of the Taxpayers of City of Southaven, Mississippi; City of Southaven, Mississippi; Hinds Chancery Court 1st District; LC Case #: G2012-1239; Ruling Date: 05/20/2014; Ruling Judge: J. Thomas; Majority Opinion: Fair, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Maxwell and Wilson, JJ., Concur. Barnes, Carlton and James, JJ., Not Participating.

Daniel Richard Zales a/k/a Daniel R. Zales a/k/a Daniel Zales v. State of Mississippi; Kemper Circuit Court; LC Case #: 2014-CV-06-(W); Ruling Date: 08/12/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Kemper County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Kemper County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

James Gandy Jr. a/k/a James Gandy v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-87-CV7; Ruling Date: 10/03/2013; Ruling Judge: Billy Landrum; Majority Opinion: Ishee, J. Disposition: The judgment of the Jones County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Chad Ellis Everett v. Melissa B. Everett Burchfield; Lafayette Chancery Court; LC Case #: 2012-273W; Ruling Date: 06/04/2014; Ruling Judge: Robert Whitwell; Majority Opinion: Ishee, J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed in part and reversed and rendered in part. All costs of this appeal are divided equally between the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Maxwell, Fair, James and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Lee Voulters v. Leslie Dayle Voulters; Warren Chancery Court; LC Case #: 2003-387 GN; Ruling Date: 05/12/2014; Ruling Judge: Vicki Barnes; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Maxwell, Fair and Wilson, JJ., Concur. Ishee, Carlton and James, JJ., Not Participating.

Jeff Cahn, Laurie Cahn, and David Cahn, Individually, and on Behalf of all Wrongful Death Beneficiaries of Ben Cahn, Deceased v. Copac, Inc., d/b/a Copac Addiction Services, Dr. Lloyd Gordon, M.D., Bridget Rule, LPN, and Rebecca Osborne, LPN; Rankin Circuit Court; LC Case #: 2012-262; Ruling Date: 12/17/2013; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Rankin 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 the appellees. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur. Carlton, J., Concurs in Result Only.

Adrel Ryan Tutwiler a/k/a Adrel Tutwiler v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-109-CR; Ruling Date: 03/13/2014; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Forrest County Circuit Court of conviction of aggravated assault, and sentence of twenty years in the custody of the Mississippi Department of Corrections, with two years suspended and eighteen years to serve, followed by two years of post-release supervision, a fine of $2,500, and a payment of $3,186.55 to the Mississippi Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Jermaine Rogers a/k/a Jermaine D. Rogers v. State of Mississippi; Rankin Circuit Court; LC Case #: 2006-249C; Ruling Date: 07/21/2014; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Rankin County dismissing the petition for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

William Robert McMickle a/k/a William R. McMickle a/k/a William McMickle v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2014-252; Ruling Date: 10/10/2014; Ruling Judge: Roger Clark; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

In the Matter of the Estate of Dorothy Cole Phelps, Deceased: Irene Phelps Terry and Mary Ellen Vick Phelps Domin v. Henry Vick Phelps, III, Executor of the Estate of Dorothy Cole Phelps, Deceased; Sharkey Chancery Court; LC Case #: 11,077; Ruling Date: 09/06/2013; Ruling Judge: Marie Wilson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Chancery Court of Sharkey County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Joseph Moss a/k/a Joseph Deshawn Moss v. State of Mississippi; Wayne Circuit Court; LC Case #: 13-146-K; Ruling Date: 07/02/2014; Ruling Judge: Robert Bailey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Wayne County Circuit Court of conviction of two counts of manslaughter and sentence of twenty years on each count, with the sentences to be served consecutively, for a total of forty years in the custody of the Mississippi Department of Corrections and to pay $1,000 to the Mississippi Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to Wayne County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Gregory Woods a/k/a Gregory James Woods a/k/a Gregory J. Woods a/k/a Stink v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2014-00194; Ruling Date: 08/13/2014; Ruling Judge: Roger Clark; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of burglary of a dwelling and sentence as a habitual offender of twenty-five years in the custody of the Mississippi Department of Corrections without the possibility of probation or parole is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Shannon Rayner a/k/a Shannon L. Rayner a/k/a Shannon Lavell Rayner v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 213-11; Ruling Date: 08/29/2013; Ruling Judge: Eddie Bowen; Disposition: The motion for rehearing is denied. Lee, C.J., not participating.

Trevor Hoskins a/k/a Trevor Kenvatteri Hoskins v. State of Mississippi; Washington Circuit Court; LC Case #: 2012- 0237CR; Ruling Date: 10/07/2013; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.

Cindy Petty v. Baptist Memorial Health Care Corporation, Baptist Memorial Hospital-Golden Triangle, Inc., Mary Ellen Sumrall, Individually, Vanessa Lafayette, Individually, Alicia Grant, Individually, Paul Cade, Individually, and Alexandria Banker, Individually; Lowndes Circuit Court; LC Case #: 2010-0085-CV1 H; Ruling Date: 12/05/2013; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Lowndes County Circuit Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed one-half to the appellant and one-half to the appellees. See opinion rendered.

Cindy Petty v. Baptist Memorial Health Care Corporation, Baptist Memorial Hospital-Golden Triangle, Inc., Mary Ellen Sumrall, Individually, Vanessa Lafayette, Individually, Alicia Grant, Individually, Paul Cade, Individually, and Alexandria Banker, Individually; Lowndes Circuit Court; LC Case #: 2010-0085-CV1 H; Ruling Date: 12/05/2013; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Lowndes County Circuit Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed one-half to the appellant and one-half to the appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion.

David Glen Nunnery and Jene' Nunnery v. Paul Edward Nunnery and Glenda Nunnery Lord, as Co-Executor-Executrix of the Will and Estate of Joseph L. Nunnery, Deceased and Annie Louise Young Nunnery; Pike Chancery Court; LC Case #: 2010-191; Ruling Date: 01/27/2014; Ruling Judge: Debbra Halford; Disposition: The motion for rehearing is denied. Griffis, P.J., Barnes and James, JJ., would grant.

Steven Jacob Mahaffey v. William Carey University; Forrest Chancery Court; LC Case #: 2013-0523-GN-DO; Ruling Date: 03/25/2014; Ruling Judge: M. Doleac; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Dissents With Separate Written Opinion. Lee, C.J., Not Participating. Dissenting Opinion: James, J.

William Michael Jordan a/k/a Booty v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 456-12; Ruling Date: 04/14/2014; Ruling Judge: Robert Bailey; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of Count I, murder, and Count IV, felon in possession of a firearm, and sentence in Count I of thirty-five years in the custody of the Mississippi Department of Corrections, with five years suspended and thirty years to serve, followed by five years' supervised postrelease supervision and then five years' unsupervised postrelease supervision, and in Count IV of ten years in the custody of the Mississippi Department of Corrections, to be served concurrently with the sentence in Count I, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Carlton and James, JJ., Concur. Fair, J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Ishee, J.; Wilson, J. Joins In Part. Dissenting Opinion: Fair, J. Votes: Lee, C.J., and Ishee, J., Join This Opinion. Wilson, J., Joins This Opinion in Part.

William Dewayne Savell a/k/a Dewayne Savell v. State of Mississippi; Neshoba Circuit Court; LC Case #: 14-CV-0177-NS-G; Ruling Date: 08/06/2014; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied.

Anthony Ruffin a/k/a Anthony Eugene Ruffin v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 10- CV- 073(B); Ruling Date: 09/02/2014; Ruling Judge: Robert Bailey; Disposition: The mandate is hereby recalled, and Ruffin's motion for a twenty-day enlargement of time to file a motion for rehearing is granted. Ruffin's motion for rehearing is due within twenty days of the entry of this order. Order entered.