12/09/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2007-KA-01532-COA

Earnest Lee Wilson, Jr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 18259; Ruling Date: 08/29/2007; Ruling Judge: William Chapman, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of embezzlement and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for probation or parole and to pay a fine of $10,000 and $800 in restitution 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, Roberts and Carlton, JJ., concur.

Jimmy Ray Turner v. James B. Everett; Smith Circuit Court; LC Case #: 2003-304; Ruling Date: 08/08/2006; Ruling Judge: Joseph Webster; Majority Opinion: Griffis, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Randy T. Story v. Cindy F. Allen; Oktibbeha Chancery Court; LC Case #: 99-0140-B; Ruling Date: 01/30/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Oktibbeha County is reversed and remanded for further procedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

The Estate of Francis N. Burgess, Sr., Deceased, by and through Dorothy F. Burgess, duly appointed Executor, Francis N. Burgess, Jr., and Lula Burgess v. H. Alex Trotter; Hinds Chancery Court 2nd District; LC Case #: G99-65 W/4; Ruling Date: 06/19/2007; Ruling Judge: Patricia Wise; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Steven W. Collins v. Melannie Blaylock Collins; DeSoto Chancery Court; LC Case #: 05-03-0436; Ruling Date: 03/01/2007; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery 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., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Daryl Hawkins v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-021-CR2; Ruling Date: 05/13/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of attempted burglary of an automobile and sentence as a habitual offender to life 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 Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Potomac Insurance Company of Illinois v. Mary Gale Adams, Individually and on Behalf of Her Minor Children, Mary Catherine Adams and Andrew Edwards Adams; Washington Circuit Court; LC Case #: CI 20-0090; Ruling Date: 09/05/2006; Ruling Judge: W. Hines; Majority Opinion: Irving, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Miguel Decarlos McCallum v. State of Mississippi; Forrest Circuit Court; LC Case #: 06-156CR; Ruling Date: 01/23/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Irving, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of aggravated assault and sentence of twenty years, with fifteen years suspended and five years to serve in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Edward Donell Briggs a/k/a Edward Donel Briggs v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0212-CR1; Ruling Date: 05/24/2007; Ruling Judge: Lee Howard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections, five years of post-release supervision, to pay a fine of $1,000, and to pay restitution in the amount of $2,851.71 is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., concurs in result only.

James Lloyd Presley, Sr., Martha Presley Houston, and Mae Presley Veazey v. City of Senatobia, Mississippi; Tate Circuit Court; LC Case #: CV-2005-273-BT; Ruling Date: 05/30/2007; Ruling Judge: Andrew Baker; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Tate County is affirmed on direct and cross-appeal. All costs of this appeal are assessed equally between the appellants/cross-appellees and the appellee/cross-appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Samuel Lewis Goudy, Jr. a/k/a Sammuel L. Goudy, Jr. v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2007-00097; Ruling Date: 08/22/2007; Ruling Judge: Lisa Dodson; Majority Opinion: Myers, P.J. Disposition: The judgment of the Harrison County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Katheryn Curl, as Dependent of Ricky A. Curl, Deceased v. Quality Aluminum Products, Inc. and Builders and Contractors Association of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0162-CV1; Ruling Date: 09/07/2007; Ruling Judge: Lee Howard; Majority Opinion: Myers, P.J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Brent Edison Murphy v. Christopher B. Epps, Ronald King a/k/a Ron King and Alicia Box; Pearl River Circuit Court; LC Case #: 2007-0489; Ruling Date: 10/10/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Myers, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Pearl River County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Ashante Newberry v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2006-703CD; Ruling Date: 05/16/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Lee, P.J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of the sale of cocaine and sentence as a habitual offender to sixty years in the custody of the Mississippi Department of Corrections, without eligibility for probation or parole and to pay a $1,000 fine is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Skilah Anderson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-948; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2004-KA-01858-COA Garner Lee Brister, Jr. a/k/a Duke v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-949 TTG; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2005-KA-00527-COA Corey Bryant v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-947(1 & 2); Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

Garner Lee Brister, Jr. a/k/a Duke v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-949 TTG; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2004-KA-01852-COA Skilah Anderson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-948; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2005-KA-00527-COA Corey Bryant v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-947(1 & 2); Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

Corey Bryant v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-947(1 & 2); Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2004-KA-01852-COA Skilah Anderson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-948; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Consolidated with 2004-KA-01858-COA Garner Lee Brister, Jr. a/k/a Duke v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-949 TTG; Ruling Date: 07/22/2004; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

Jeffery Earl Jones a/k/a Jeffery Jones a/k/a Jeff Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-06-268; Ruling Date: 06/21/2006; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Order entered.

Larry Carey v. State of Mississippi; Tunica Circuit Court; LC Case #: CR 2004-0014; Ruling Date: 07/20/2006; Ruling Judge: Kenneth Thomas; Disposition: The motion for rehearing is denied. Order entered.

Rena James Lawrence v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0306-CR; Ruling Date: 11/01/2006; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

William Terry Davis v. State of Mississippi; Adams Circuit Court; LC Case #: 05-KR-0197-J; Ruling Date: 03/23/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Annie Walton Ivory v. State of Mississippi; Monroe Circuit Court; LC Case #: CV06-116GM; Ruling Date: 12/04/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Monroe County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Monroe County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Carlton, JJ., concur. Chandler, J., concurs in part and dissents in part with separate written opinion joined by King, C.J. Irving, J., not participating. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: King, C.J., joins this opinion.

Steven Wayne Pierce v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR-2005-51-BP1; Ruling Date: 01/25/2007; Ruling Judge: Andrew Baker; Disposition: The motion for rehearing is denied. Order entered.

Nella Daley v. Jimmy Hughes, Dan Pate, Ann Hughes Pate, Steven Izard, and Erma Hughes Izard; Itawamba Chancery Court; LC Case #: 2004-0397-29-M; Ruling Date: 12/14/2006; Ruling Judge: Jacqueline Mask; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of the Estate of Earsel Rayburn Pope, Deceased: Juanita Sharp Anderson Allen Pope v. Cathy White, Judy O'Berry and Teresa Williamson; Neshoba Chancery Court; LC Case #: 2004-162; Ruling Date: 10/31/2006; Ruling Judge: John Love, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Alvin Robinson v. Hill City Oil Co., Inc. d/b/a Jubilee Chevron and Mahalie Nelson; Hinds Circuit Court 2nd District; LC Case #: 2004-70; Ruling Date: 12/29/2006; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Order entered.

Dennis Darnell Howard v. State of Mississippi; Attala Circuit Court; LC Case #: 2006-0039; Ruling Date: 03/12/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: The motions for rehearing are denied. Order entered.

Glen Tyrone Alexander v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-0062P; Ruling Date: 04/12/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Marion County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

Donald Ray Edwards v. State of Mississippi; Forrest Circuit Court; LC Case #: C106-0239; Ruling Date: 05/25/2007; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Mary Ellen Bouldin v. Mississippi Department of Health; Tallahatchie Circuit Court 2nd District; LC Case #: CV2007-0002LT2; Ruling Date: 04/11/2007; Ruling Judge: Ann Lamar; Disposition: The motion for rehearing is denied. Lee, P.J., would grant. Barnes, J., not participating. Order entered.

Charles Bankston v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2007-0028-CR; Ruling Date: 04/11/2007; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Order entered.

Cornelius Bady v. State of Mississippi; Lee Circuit Court; LC Case #: CV07-046L; Ruling Date: 06/21/2007; Ruling Judge: Sharion Aycock; Disposition: The motion for rehearing is denied. Order entered.

Convenant Health & Rehabilitation of Picayune, LP and Covenant Dove, Inc. v. Estate of Mittie M. Moulds, by and through James Braddock, Administrator for the use and benefit of the Estate and Wrongful Death Beneficiaries of Mittie M. Moulds; Pearl River Circuit Court; LC Case #: 2006-0439P; Ruling Date: 07/02/2007; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Irving, J., would grant. Order entered.