12/13/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2004-KA-00772-COA

Morris Evans v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR 2003-26; Ruling Date: 02/02/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Claiborne County of conviction of statutory rape and sentence of thirty years, with twenty years to serve in the custody of the Mississippi Department of Corrections and ten years suspended, is affirmed. All costs of this appeal are assessed to Claiborne County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Lloyd Ratcliff v. Georgia Pacific Corporation and Charles Tasma; Jones Circuit Court 1st District; LC Case #: 2001-42-CV12; Ruling Date: 09/14/2004; Ruling Judge: Billy Landrum; Majority Opinion: Ishee, J. Disposition: The judgment of the Jones County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ., concur.

Donald G. Edwards v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV04-235(A)PO; Ruling Date: 10/06/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Pontotoc County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Pontotoc County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis and Barnes, JJ., concur. Irving, J., concurs in result only.

Jackie Patterson and Reba Patterson v. Jack Holleman; Lee Chancery Court; LC Case #: 2000-371; Ruling Date: 08/04/2003; Ruling Judge: Jacqueline Mask; Consolidated with 2004-CA-00790-COA Jack Holleman v. Jackie Patterson and Reba Patterson; Lee Chancery Court; LC Case #: 2000-371; Ruling Date: 08/04/2003; Ruling Judge: Jacqueline Mask; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed in part and reversed and remanded in part on direct appeal for a determination of attorney's fees consistent with this opinion and is affirmed on cross-appeal. All costs of this appeal are assessed in equal parts to the appellants/cross-appellees and the appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Griffis, Barnes and Ishee, JJ., concur.

Steven Ross Kirkland v. State of Mississippi; Neshoba Circuit Court; LC Case #: 03-CR-074-NS-G; Ruling Date: 03/12/2004; Ruling Judge: V. Cotten; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of possession of methamphetamine, a Schedule II controlled substance, and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Eric D. Johnson v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-3-KR2; Ruling Date: 04/06/2004; Ruling Judge: Billy Landrum; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of manslaughter and sentence of twenty years 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., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

James Davis Yates v. State of Mississippi; Winston Circuit Court; LC Case #: 2004-087-CV; Ruling Date: 12/17/2004; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Winston County denying appellant's motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Winston County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Deborah Champluvier a/k/a Deborah Marie Champluvier v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-456O/D; Ruling Date: 01/15/2004; Ruling Judge: Gray Evans; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count I embezzlement and sentence of five years and Count II embezzlement and sentence of five years to run concurrently to the sentence in Count I, in the custody of the Mississippi Department of Corrections and payment of restitution in the amount of $3,222.82 is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee and Myers, P.JJ., Chandler and Ishee, JJ., concur. Concurring Opinion: Griffis, J. Votes: Bridges and Chandler, JJ., join this opinion. Dissenting Opinion: Barnes, J. Votes: King, C.J., and Irving, J., join this opinion.

Marvin Lewis Beckum, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-425-CR; Ruling Date: 11/19/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Bridges, J. Disposition: The judgment of the Forrest County Circuit Court of conviction of robbery and sentence as a habitual offender to thirty years in the custody of the Mississippi Department of Corrections without the possibility of parole or probation is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.

Charles Mathis and Marie Mathis v. Jackson County Board of Supervisors; Jackson Circuit Court; LC Case #: CI-2000-00,445(1)(3); Ruling Date: 10/20/2004; Ruling Judge: Dale Harkey; Majority Opinion: Bridges, J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

William Gregory Eason v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: 2004-13-B(T2); Ruling Date: 12/09/2004; Ruling Judge: Andrew Baker; Majority Opinion: Bridges, J. Disposition: The judgment of the Tallahatchie County Circuit Court of conviction of Count I, conspiracy to commit voter fraud and sentence of one year to run concurrently to the sentences in Counts IV and VIII; Count IV, voter fraud and sentence of one year; Count VI, voter fraud and sentence of one year to run concurrently to the sentences in counts I, IV and VIII; Count VIII, voter fraud and sentence of one year to run consecutively to the sentence in Count IV; Count IX, voter fraud and sentence of one year to run concurrently to the sentences in counts I, IV, VI and VIII; Count X, voter fraud and sentence of one year to run concurrently to the sentences in Counts I, IV, VI, VIII and IX; Count XI, voter fraud and sentence of one year to run concurrently to the sentences in counts I, IV, VI, VIII, IX and X; Count XII, voter fraud and sentenced of one year to run concurrently to the sentences in Counts I, IV, VI, VIII, IX, X and XI; Count XIV, voter fraud and sentence of one year to run concurrently to the sentences in Counts I, IV, VI, VIII, IX, X, XI and XII, all in the custody of the Mississippi Department of Corrections, and fine of $500 and $100 assessment fee to the Victim's Compensation Fund, is affirmed. All costs of this appeal are assessed to Tallahatchie County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Carl Douglas Necaise v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-04-00386; Ruling Date: 03/08/2005; Ruling Judge: Stephen Simpson; Majority Opinion: Bridges, J. Disposition: The judgment of the Harrison County Circuit Court dismissing the appellant's motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Frederick Wesley Chasez, Jr. v. Kelly Sue Powell Chasez; Hancock Chancery Court; LC Case #: 97-00495; Ruling Date: 03/10/2004; Ruling Judge: James Persons; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.

Sheri Baham and Conway Baham v. John W. Sullivan and Allstate Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-99-947-CIV; Ruling Date: 10/14/2002; Ruling Judge: Tomie Green; Majority Opinion: Irving, J. Disposition: The Baham's motion for rehearing is granted. The original opinion issued in this case is withdrawn, and this opinion is substituted in its place. The judgment of the First Judicial District of Hinds County is reversed, and the case is remanded for a new trial. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Bridges and Griffis, JJ., concur. Chandler, J., dissents without separate written opinion. Barnes and Ishee, JJ., not participating.

Iris M. Wilner v. M. Neil White, M.D., and Gulf Coast OB/GYN, P.A.; Jackson Circuit Court; LC Case #: CI-98-0054(1); Ruling Date: 07/16/2003; Ruling Judge: Kathy Jackson; Majority Opinion: Irving, J. Disposition: Appellant's motion for rehearing is granted. The original opinion issued in this case is withdrawn, and this opinion is substituted in its place. The judgment of the Circuit Court of Jackson County granting summary judgment is reversed and remanded. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee, P.J., Bridges, Chandler and Griffis, JJ., concur. Myers, P.J., concurs in result only. Barnes and Ishee, JJ., not participating.

Seitu Anderson Al-Fatah v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0724-CR1; Ruling Date: 05/29/2003; Ruling Judge: Lee Howard; Majority Opinion: Griffis, J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections and conviction of burglary and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Chandler, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Steven Michael Baker a/k/a Stephen Michael Baker v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,471(3); Ruling Date: 08/01/2003; Ruling Judge: Dale Harkey; Disposition: Appellant's motion for rehearing is denied.

James W. Partin, Executor of the Estate of Shirley Howard Partin, Deceased v. North Mississippi Medical Center, Inc.; W. Thomas Oakes, M.D.; Richard Sharp, M.D.; and Laura Gray, M.D.; Lee Circuit Court; LC Case #: CV01-332(R)L; Ruling Date: 08/26/2003; Ruling Judge: Paul Funderburk; Disposition: Appellant's and appellees' motions for rehearing are denied. Irving, J., would grant appellant's motion. Barnes, J., not participating.

Gary Stewart v. District Attorney for the Eighteenth Circuit Court District for the State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2002-44-CV-2; Ruling Date: 10/29/2003; Ruling Judge: Robert Helfrich; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant.

Alpha Janitorial & Paper Company v. Bobby Crawford d/b/a Crawford Nursing Home; Hinds Circuit Court 1st District; LC Case #: 251-01-1118; Ruling Date: 02/06/2004; Ruling Judge: Tomie Green; Disposition: Appellant's motion for rehearing is denied.

Alan Keith Ory v. Sharon Ann Young Ory; Lamar Chancery Court; LC Case #: 2001-0360-GNTH; Ruling Date: 01/22/2004; Ruling Judge: James Thomas, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed in part and reversed and remanded in part. All costs of this appeal are to be equally divided between the appellant and the appellee. Votes: King, C.J., Myers, P.J., Chandler, Griffis and Ishee, JJ., concur. Irving, J., dissents without separate written opinion. Dissenting Opinion: Bridges, J. Votes: Lee, P.J., joins this opinion.

Gibson Sims and Carol Sims v. Bear Creek Water Association; Madison Circuit Court; LC Case #: CI-2002-0224; Ruling Date: 03/04/2004; Ruling Judge: William Chapman, III; Disposition: Appellants' motion for rehearing is denied.

Wendall Harrell v. Lamar Company, LLC and Mae Frances Smith; Leake Chancery Court; LC Case #: 2001-0254; Ruling Date: 03/26/2004; Ruling Judge: William Lutz; Disposition: Appellant's motion for rehearing is denied.

Dameon Gill v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0325; Ruling Date: 04/12/2004; Ruling Judge: Samac Richardson; Disposition: Appellant's motion for rehearing is denied. King, C.J., would grant.

Billy Ray Bradley v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 636-03; Ruling Date: 06/15/2004; Ruling Judge: Larry Roberts; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of possession of a firearm by a felon and sentence of life as an habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Myers, P.J., Bridges, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

In the Matter of the Estate of June R. Moyers, Deceased: Vernon C. Moyers, Jr., Successor Trustee to the Moyers Family Trust v. William C. Moyers; Pearl River Chancery Court; LC Case #: 03-0126-PR-D; Ruling Date: 06/25/2004; Ruling Judge: Sebe Dale, Jr.; Disposition: Joint Motion for Voluntary Dismissal is granted. The appeal is dismissed with all costs of appeal assessed to the appellant. Order entered.

Coryell Taylor a/k/a Cory Taylor a/k/a Cornell Taylor v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-661 BBD; Ruling Date: 05/20/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Griffis, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of two counts of armed robbery and one count of aggravated assault and sentence of thirty-five years on each count of armed robbery to run concurrently and twenty years for aggravated assault to run consecutively to the armed robbery sentences in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Barnes and Ishee, JJ., concur.