12/11/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-KA-00605-COA

James Paul Dahl v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,057(3); Ruling Date: 10/10/2005; Ruling Judge: Dale Harkey; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of Count I, capital murder and sentence of life; Count II, capital murder and sentence to life to run concurrently to sentence in Count I, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Hilda Patsy Spurgeon and Ottis Jerome Spurgeon v. Edwin G. Egger; Washington Circuit Court; LC Case #: CI2004-92; Ruling Date: 08/11/2005; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Roberts, J. Disposition: The judgment of the Washington County Circuit Court is reversed and remanded for proceedings 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, Griffis, Barnes and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Lorenzo Hull v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0006CIV; Ruling Date: 01/16/2007; Ruling Judge: Frank Vollor; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Warren County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. King, C.J., concurs in result only.

In Re: A.M.A., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0305-058; Ruling Date: 01/20/2005; Ruling Judge: Michael McPhail; Consolidated with 2005-CA-01846-COA In Re: T.A., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0305-059; Ruling Date: 01/20/2005; Ruling Judge: Michael McPhail; Majority Opinion: Barnes, J. Disposition: The appeal from the Forrest County Youth Court is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Ishee and Carlton, JJ., concur. Irving, J., concurs in result only. Roberts, J., concurs in part and in the result.

Patrick Joseph Ducote v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0057-CV; Ruling Date: 03/17/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of dismissing Cucote's motion to reconsider his sentence and motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Vondell O. Sumrall v. Heather Marie Sumrall; Jones Chancery Court 2nd District; LC Case #: 2005-0986; Ruling Date: 06/20/2006; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery 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., Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

1994 Mercury Cougar, VIN #1MELM62WORH628952 (Edna Jones) v. Tishomingo County, Mississippi; Tishomingo Circuit Court; LC Case #: CV06-0181GT; Ruling Date: 09/12/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Tishomingo County is reversed and judgment is rendered in favor of appellant, Edna Jones. All costs of this appeal are assessed to Tishomingo County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

James D. Lewis v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR 06-108; Ruling Date: 10/13/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Itawamba County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections with ten years suspended and five years of post-release supervision is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Amanda Rochelle Brown v. State of Mississippi; Pike Circuit Court; LC Case #: 05-428-PKT; Ruling Date: 04/10/2006; Ruling Judge: Michael Taylor; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections, with four years suspended and four years of post-release supervision, is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Murry Weeks v. State of Mississippi; Leflore Circuit Court; LC Case #: 2005-0229CICR; Ruling Date: 03/22/2006; Ruling Judge: W. Hines; Majority Opinion: Irving, J. Disposition: The judgment of the Leflore County Circuit Court of conviction of introduction of contraband into a jail facility and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leflore County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Geraldine Crews v. Lisa Mahaffey; Hinds Circuit Court 1st District; LC Case #: 251-00-1097-CIV; Ruling Date: 04/18/2006; Ruling Judge: Winston Kidd; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hinds County 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.

Jimmy Dao v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-433-CR; Ruling Date: 03/23/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of aggravated assault and sentence of twenty years 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.

Dennis G. Wilkins v. City of Florence; Rankin Circuit Court; LC Case #: 17,334; Ruling Date: 02/02/2007; Ruling Judge: Samac Richardson; Majority Opinion: Irving, J. Disposition: This appeal is dismissed. All costs of this appeal are taxed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Douglas Jones v. State of Mississippi; Marshall Circuit Court; LC Case #: M2005-184; Ruling Date: 02/23/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Marshall County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Ricky Forrester v. State of Mississippi; Clay Circuit Court; LC Case #: 8714; Ruling Date: 01/17/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Clay County Circuit Court of conviction of the sale of cocaine and sentence of eighteen years in the custody of the Mississippi Department of Corrections with five years of post-release supervision and pay a $5,000 fine, is affirmed. All costs of this appeal are assessed to Clay County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Terry Farmer and wife, Brenda Farmer v. Richard Dale Richardson; Lamar Chancery Court; LC Case #: 96-0455-GN-TH; Ruling Date: 08/28/2006; Ruling Judge: James Thomas, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lamar County Chancery Court is affirmed in part and reversed and remanded in part for proceedings consistent with this opinion. All costs of this appeal are assessed equally to both parties. Votes: Myers, P.J., Griffis, Ishee and Carlton, JJ., concur. Irving, J., not participating. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: King, C.J., Chandler and Roberts, JJ., join this opinion.

Elnorsh Duckworth v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2005-458; Ruling Date: 09/14/2006; Ruling Judge: Roger Clark; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of transfer of a controlled substance and sentence of twenty-five years in the custody of the Mississippi Department of Corrections as a habitual offender, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Michael Trice v. State of Mississippi; Lee Circuit Court; LC Case #: CV06-217(G)L; Ruling Date: 12/15/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Lee County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Kevin Sowell v. State of Mississippi; Tate Circuit Court; LC Case #: CV2006-0244BT; Ruling Date: 12/27/2006; Ruling Judge: Andrew Baker; Majority Opinion: Lee, P.J. Disposition: The judgment of the Tate County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Nolen Cassell, Jr. v. Mary Lou Cassell; Hancock Chancery Court; LC Case #: 2301-05-00387(3); Ruling Date: 03/23/2006; Ruling Judge: Sanford Steckler; Majority Opinion: King, C.J. Disposition: The judgment of the Hancock County Chancery court granting the divorce is affirmed. The child visitation determination is vacated and remanded to the chancery court for further proceedings. All costs of this appeal are assessed in equal parts to the appellant and the appellee. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jonathan M. White a/k/a Jonathan Maurice White v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,129(3); Ruling Date: 10/22/2004; Ruling Judge: Dale Harkey; Disposition: The appellant's motion for rehearing is denied. Order entered.

Joseph Todd Hampton v. Melissa Hampton; Warren Chancery Court; LC Case #: 2004-157GN; Ruling Date: 07/14/2005; Ruling Judge: Vicki Barnes; Disposition: The appellant's motion for rehearing is denied. Order entered.

Velma Payne as Personal Representative of Matthew Smith, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Matthew Smith, Deceased v. Magnolia Healthcare, Inc. d/b/a Arnold Avenue Nursing Home, Foundation Health Services, Inc. and Diane Oltremari; Washington Circuit Court; LC Case #: CI2002-163; Ruling Date: 09/28/2004; Ruling Judge: W. Hines; Disposition: The appellant's motion for rehearing is denied. Order entered.

John Suddith v. University of Southern Mississippi, Dr. Aubrey K. Lucas, Individually and Officially, and Dr. G. David Huffman, Individually and Officially; Forrest Circuit Court; LC Case #: 10-95-4669; Ruling Date: 04/07/2005; Ruling Judge: Robert Helfrich; Disposition: The appellant's motion for rehearing is denied. King, C.J., and Carlton, J., not participating. Order entered.

Trinity Mission of Clinton, LLC d/b/a Clinton Health & Rehabilitation Center, Trip Francis and Jan Hampton v. Mike Barber Individually and for and on Behalf of the Wrongful Death Beneficiaries of Laurentine Barber, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-05-473CIV; Ruling Date: 10/25/2005; Ruling Judge: Tomie Green; Disposition: The appellees' motion for rehearing is denied. King, C.J., Lee and Myers, P.JJ., would grant. Order entered.

Culbreath Revocable Trust and Quad C. Farms v. Dick S. Sanders, Charlie V. Sanders, Dennis Churchwell and Lynley Churchwell; Marshall Chancery Court; LC Case #: 04-0279(R); Ruling Date: 01/25/2006; Ruling Judge: Edwin Roberts, Jr.; Disposition: The appellants' motion for rehearing is denied. Roberts, J., not participating. Order entered.

Roosevelt Thomas, as Next friend and On Behalf of all Wrongful Death Beneficiaries of Ada Mae Thomas, Deceased v. Greenwood Leflore Hospital and William B. Harper, D.O.; Leflore Circuit Court; LC Case #: 2002-0120-CICI; Ruling Date: 01/31/2006; Ruling Judge: W. Hines; Majority Opinion: King, C.J. Disposition: The judgment of the Leflore County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents with separate written opinion. Barnes, J., not participating. Dissenting Opinion: Irving, J.

Anthony J. Hudson v. Elizabeth Palmer d/b/a Precision Quick Lube; Robert Palmer; Brierfield Insurance Company; Laurel Leader-Call Newspaper; Community Newspaper Holdings, Inc.; and Brian Livingston; Jones Circuit Court 2nd District; LC Case #: 2005-37-CV3; Ruling Date: 05/23/2006; Ruling Judge: Billy Landrum; Disposition: The appellant's motion for rehearing is denied. Order entered.

Richard Broderick Jones v. Nevada Rae Barr Jones; Hinds Chancery Court 1st District; LC Case #: G2004-2398 R/1; Ruling Date: 01/25/2006; Ruling Judge: Stuart Robinson; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler and Carlton, JJ., concur. Barnes, J., concurs as to issues III and IV and dissents as to issues I, II and V. Griffis, J., dissents with separate written opinion joined by Roberts, J. Barnes, J., joins issues I and II. Irving, J., not participating. Dissenting Opinion: Griffis, J. Votes: Roberts, J., joins this opinion. Barnes, J., joins in issues I and II.

Matthew Sacks, M.D., and The Medical Oncology Group, P.A. v. Nancy Necaise, Individually and on Behalf of the Wrongful Death Beneficiaries of Charles Freeman, Deceased; Hancock Circuit Court; LC Case #: 98-0253; Ruling Date: 02/23/2006; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Myers, P.J., Irving and Chandler, JJ., concur. Griffis, J., dissents with separate written opinion joined by Barnes, Ishee, Roberts and Carlton, JJ. Dissenting Opinion: Griffis, J. Votes: Barnes, Ishee, Roberts and Carlton, JJ., join this opinion.

Willie C. Johnson v. Brandy N. Thomas, a Minor, by and through Her Next Friend, John Polatsidis; Winston Circuit Court; LC Case #: 2005-CV-136; Ruling Date: 06/15/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: The appellee's motion for rehearing is denied. Griffis, J., not participating. Order entered.

Michael James McDonald v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-05-00068; Ruling Date: 05/24/2006; Ruling Judge: Roger Clark; Disposition: The appellant's motion for rehearing is denied. Order entered.

Hinds County Board of Supervisors and Mississippi Municipal Workers' Compensation Group v. Jay Johnson; Hinds Circuit Court 2nd District; LC Case #: 252-05-29; Ruling Date: 07/05/2006; Ruling Judge: Bobby DeLaughter; Disposition: The appellants' motion for rehearing is denied. Order entered.

Danny Lee Williams v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2006-67-B-P2; Ruling Date: 11/02/2006; Ruling Judge: Andrew Baker; Disposition: The appellant's motion for rehearing is denied. Order entered.