12/12/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-KA-02281-COA

Gregory J. Dear a/k/a Gregory Dear a/k/a Greg Dear v. State of Mississippi; Rankin Circuit Court; LC Case #: 15473; Ruling Date: 08/24/2005; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I, sale of cocaine, as a nonviolent habitual offender and as a subsequent drug offender and sentence of sixty years and Count II of conspiracy to sell cocaine, as a subsequent drug offender and sentence of twenty years 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 Rankin County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Virginia Geske, Individually, and as Administratrix of the Estate of Jerald J. Geske, Deceased v. Danny R. Williamson; Covington Circuit Court; LC Case #: 2001-205C; Ruling Date: 08/02/2004; Ruling Judge: Robert Evans; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Covington County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Maurice Weaver v. Debra Parks; Hinds Chancery Court 1st District; LC Case #: G2004-532 S/2; Ruling Date: 04/18/2005; Ruling Judge: William Singletary; Majority Opinion: Barnes, J. Disposition: This appeal is dismissed sua sponte. All costs of the this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Kenneth Brown v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-228; Ruling Date: 12/10/2004; Ruling Judge: Betty Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of Count I aggravated assault and sentence to serve ten years in the custody of the Mississippi Department of Corrections, with nine suspended, and five years supervised probation, and conviction of Count II shooting into a dwelling house and sentence to serve five years in the custody of the Mississippi Department of Corrections, with four suspended, and five years supervised probation, with sentences to run concurrently and fine of $1,000 is affirmed. The costs of this appeal are assessed to Washington County, and the court orders that Prosecutor Brad McCullouch, individually, shall reimburse Washington County for all costs of the appeal within thirty days of this mandate. Votes: Lee, P.J., Barnes, Ishee and Roberts, JJ., concur. King, C.J., dissents with separate written opinion, joined by Myers, P.J. and Chandler, J. Southwick and Irving, JJ., not participating. Dissenting Opinion: King, C.J. Votes: Myers, P.J. and Chandler, J., Join This Opinion.

Jolee A. Burrus v. Ronald A. Burrus; Harrison Chancery Court 1st District; LC Case #: C2401-02-01947-3; Ruling Date: 01/14/2005; Ruling Judge: Sanford Steckler; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur.

Jackie Tentoni, Individually, and as Next Friend on Behalf of Her Minor Children, Melanie Tentoni, Johnathan Tentoni and Phillip Tentoni v. Warren W. Slayden; Madison Circuit Court; LC Case #: CI-2000-0005; Ruling Date: 12/30/2004; Ruling Judge: Samac Richardson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Madison County is hereby reversed and rendered as to liability and remanded for a new trial on damages. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Ishee and Roberts, JJ., concur. Southwick, J., dissents with separate written opinion, joined by Barnes, J. Dissenting Opinion: Southwick, J. Votes: Barnes, J., joins this opinion.

Douvell Lamon Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-261; Ruling Date: 12/09/2004; Ruling Judge: W. Yerger; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for a new trial. All costs of this appearl are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes and Ishee, JJ., concur. Southwick and Chandler, JJ., concur in result only. Roberts, J., concurs in part and specially concurs with separate written opinion joined by Lee, P.J. and Southwick, J. Concurring Opinion: Roberts, J. Votes: Lee, P.J. and Southwick, J., join this opinion.

Muriel Penny v. State of Mississippi; Tate Circuit Court; LC Case #: 2004-181-B-T; Ruling Date: 07/25/2005; Ruling Judge: Andrew Baker; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tate County of conviction of fondling and sentence to serve fifteen years in the custody of the Mississippi Department of Corrections, with the last nine years suspended pending the defendant's future good behavior is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only.

Jody Ezell a/k/a Jody M. Ezell v. State of Mississippi; Lincoln Circuit Court; LC Case #: 04-209-MS; Ruling Date: 11/23/2004; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of Count One, receiving stolen property and sentence of ten years; and Count Two, receiving stolen property and sentence of ten years in the custody of the Mississippi Department of Corrections as a habitual offender, with sentences to run consecutively, a total fine of $20,000 and total restitution of $8,750, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Emory Garner v. State of Mississippi; Lee Circuit Court; LC Case #: CV04-162(PF)L; Ruling Date: 12/20/2004; Ruling Judge: Paul Funderburk; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lee County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee, P.J., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Myers, P.J., dissents without separate written opinion.

William Hawthorne v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0147; Ruling Date: 10/31/2003; Ruling Judge: W. Hines; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Sunflower 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 Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Jerry Ross Brunson v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-80-KR2; Ruling Date: 06/02/2005; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of the sale of cocaine and sentence of sixty years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Michael A. Webb and Mississippi Property Holdings, L.L.C. v. Neil A. Mearns and Wife, Joyce H. Mearns, L. A. Koenenn, Jr. and Wife, Mae Dolese Koenenn; Harrison Chancery Court 1st District; LC Case #: 04-00079-3; Ruling Date: 05/26/2005; Ruling Judge: Sanford Steckler; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Harrison County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Robert Lee Giles, Roberto Giles, a Minor, by and through His Father and Next friend, Robert Lee Giles, and Antonio Giles, a Minor, by and through His Father and Next Friend, Robert Lee Giles v. Robert A. Brown and Leake County, Mississippi, Board of Supervisors; Leake Circuit Court; LC Case #: 04-CV-212-LE-C; Ruling Date: 07/28/2005; Ruling Judge: V. Cotten; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Leake County is affirmed in part and reversed and remanded in part, in accordance with the opinion above. Costs of this appeal are assessed one half to the appellants and one half to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Stephen W. Miller v. R. B. Wall Oil Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-97-159CIV; Ruling Date: 09/26/2005; Ruling Judge: W. Yerger; 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., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Jimmy Willingham, Lorean Willingham and Natalie Downs, Individually, and as Personal Representative of the Wrongful Death Beneficiaries of Audley Jack Downs, Jr., Deceased v. Mississippi Transportation Commission; Coahoma Circuit Court; LC Case #: 14-CI-03-0032; Ruling Date: 09/30/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Coahoma County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Ishee and Roberts, JJ., concur. Barnes, J., concurs in result only.

John Willard Graham v. Katrina Kay (Knight) Graham; Lauderdale Chancery Court; LC Case #: 04-617-S; Ruling Date: 09/30/2005; Ruling Judge: Sarah Springer; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ., concur. Roberts, J., not participating.

Covenant Health & Rehabilitation of Picayune, LP; Covenant Dove, Inc.; Picayune Partners, Inc.; Bond, Johnson & Bond, Inc., n/k/a Covenant Dove, Inc.; and Keri H. Ladner v. The Estate of Mary Frances Lambert, by and through Joseph Lambert, Individually and as Personal Representative of the Estate of Mary Frances Lambert and on behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Mary Frances Lambert; Pearl River Circuit Court; LC Case #: 2004-0425; Ruling Date: 10/24/2005; Ruling Judge: R. Prichard, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Pearl River 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 appellants and one-half to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Barnes, Ishee and Roberts, JJ., concur. Griffis, J., dissents without separate written opinion.

Imperial Palace Casino and Great American Insurance Company v. Johnie E. Wilson, Jr.; Harrison Circuit Court 1st District; LC Case #: A-2402-2005-4; Ruling Date: 11/07/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Billy Estes and Phillys Estes v. Daniel Bradley, Jerome Schmidt and Bonita Schmidt AND Jerome Schmidt and Bonita Schmidt v. Daniel Bradley; Alcorn Circuit Court; LC Case #: CV03-350(F)(A); Ruling Date: 12/02/2004; Ruling Judge: Paul Funderburk; Consolidated with 2005-CA-01264-COA Joe Schicke and Jean Schicke v. Jerome Schmidt and Bonita Schmidt; Alcorn Circuit Court; LC Case #: CV03-350 (F)A; Ruling Date: 05/25/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Southwick, J. Disposition: The judgments of the Circuit Court of Alcorn County of September 17, 2004, dismissing the claims of Billy and Phillys Estes against Daniel Bradley, and dismissing the claims of Billy and Phillys Estes against Jerome and Bonita Schmidt, are reversed and the causes are remanded for further proceedings consistent with this opinion. All costs of those appeals are assessed to the Esteses. The appeal of the judgment of December 2, 2004, dismissing the claims of Jerome and Bonita Schmidt against Daniel Bradley is dismissed, and all costs of that appeal are assessed to the Schmidts. The judgment of the Circuit Court of Alcorn County of May 25, 2005, dismissing the claims of Joe and Jean Schicke against Jerome and Bonita Schmidt, is reversed and the cause is remanded for proceedings consistent with this opinion. All costs of that appeal are assessed to the Schmidts. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Family Dollar Stores of Mississippi, Inc. v. Charles N. Montgomery, Jr. and Bowman Electric Services, Inc.; Jefferson Circuit Court; LC Case #: 2002-97; Ruling Date: 04/27/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Southwick, J. Disposition: The judgment of the Jefferson County Circuit Court is reversed on appeal, affirmed on cross-appeal, and the cause is remanded for further proceedings consistent with this opinion. Costs of this appeal are assessed equally to the appellant and to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., not participating.

Dontay Walker v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-106-CR; Ruling Date: 02/09/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Southwick, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of Count I possession of marijuana, more than 30 grams but less than 250 grams, and sentence of three years; and Count II possession of cocaine more than 30 grams, and sentence of twenty-two years all in the custody of the Mississippi Department of Corrections, and pay a fine of $1,000 on each count is affirmed with sentences for Count I and Count II to run consecutively for a total of twenty-five years to serve and five years of post-release supervision, and a fine of $2,000. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

In the Matter of the Last Will and Testament of Eunice McSwain, Deceased: Martha Shows v. Katheryn Jane McSwain Polk, Elizabeth Ruth McSwain Hughes, and Eunice Charlene McSwain; Forrest Chancery Court; LC Case #: 2004-0126-PR-TH; Ruling Date: 04/12/2005; Ruling Judge: James Thomas, Jr.; Majority Opinion: Southwick, J. Disposition: The judgment of the Chancery Court of Forrest County is reversed and the cause is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Herring Gas Company, Inc. v. Mississippi Employment Security Commission; Jones Circuit Court 2nd District; LC Case #: 2003-175-CV9; Ruling Date: 08/19/2004; Ruling Judge: Billy Landrum; Majority Opinion: Southwick, J. Disposition: The appellant's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted in lieu thereof. The judgment of the Circuit Court of Jones County is reversed and the cause is remanded to the Department of Employment Security for determining, consistently with this opinion, whether this is a proper case for exercising its discretion to reconsider a decision based on fraud, new evidence, or other relevant reasons. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Myers, P.J., dissents without separate written opinion.

Pierre Louis D'Avignon v. Karen D'Avignon; Harrison Chancery Court 2nd District; LC Case #: C2402-00-00204; Ruling Date: 10/08/2004; Ruling Judge: Carter Bise; Disposition: The appellant's motion for rehearing is denied. Southwick, Griffis, Barnes and Roberts, JJ., would grant. Order entered.

Steven Neal Hubanks v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV03-426(A)A; Ruling Date: 12/14/2004; Ruling Judge: Sharion Aycock; Disposition: The appellant's motion for rehearing is denied. Order entered.

Rita M. Higginbotham, Individually, and as Mother and Personal Representative of the Wrongful Death Beneficiaries of Heather Dawn Higginbotham, Deceased v. Hill Brothers Construction Company, Inc., Hill Brothers Construction & Engineering Co., Inc., and Endevco, Inc.; Tunica Circuit Court; LC Case #: 2002-0204; Ruling Date: 01/05/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Tunica County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur. Lee, P.J., dissents with separate written opinion. King, C.J., not participating. Dissenting Opinion: Lee, P.J.

Derrick Cordell Harris v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2004-116(R); Ruling Date: 02/22/2005; Ruling Judge: Larry Roberts; Disposition: The appellant's motion for rehearing is denied. Roberts, J., not participating. Order entered.