12/13/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
XX  2015-CA-00644-COA

Illinois Central Railroad Company v. Bennie Oakes, Deceased, by and through Clara Hagan, His Representative; Warren Circuit Court; LC Case #: 09,0019- CI; Ruling Date: 03/01/2013; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Greenlee, J. Disposition: The judgment of the Circuit Court of Warren County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Wilson, J., Dissents With Separate Written Opinion, Joined by Griffis, P.J. Dissenting Opinion: Wilson, J. Votes: Griffis, P.J., Joins This Opinion.

Herman Scott v. Lillie Scott; Hinds Chancery Court 2nd District; LC Case #: G2011-133 S/2; Ruling Date: 03/02/2015; Ruling Judge: William Singletary; Majority Opinion: Greenlee, J. Disposition: The judgment of the Hinds County Chancery Court, Second Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee and Carlton, JJ., Concur. Fair and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Lee, C.J., Concurs in Result Only With Separate Written Opinion, Joined by Fair and Wilson, JJ. Concur in Result Only Opinion: Lee, C.J. Votes: Fair and Wilson, JJ., Join This Opinion.

Derrick Haynes a/k/a Derrick Artell Haynes v. State of Mississippi; Leake Circuit Court; LC Case #: 14- CR-070-LE- G; Ruling Date: 09/19/2014; Ruling Judge: Marcus Gordon; Majority Opinion: James, J. Disposition: The judgment of the Leake County Circuit Court is reversed, and this case is remanded for a new trial. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving, P.J., Ishee, Fair and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Carlton and Wilson, JJ., Dissent Without Separate Written Opinion.

Arma J. Morton and Jessie B. Morton v. Walter Quinn and Ressie Quinn; Clay Chancery Court; LC Case #: 2013-0437B; Ruling Date: 03/02/2015; Ruling Judge: Kenneth Burns; Majority Opinion: James, J. Disposition: The judgment of the Clay County Chancery 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., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. Irving, P.J., and Wilson, J., Concur in Result Only Without Separate Written Opinion. Griffis, P.J., Dissents Without Separate Written Opinion.

Nancy Ray v. Lowndes County School District; Lowndes Chancery Court; LC Case #: 2014-0560-D; Ruling Date: 06/03/2015; Ruling Judge: H. Davidson, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Justin James a/k/a "Hurricane" a/k/a Justin Curtis Martell James v. State of Mississippi; Attala Circuit Court; LC Case #: 15-0088-CVM; Ruling Date: 11/17/2015; Ruling Judge: C. Morgan, III; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Attala County denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur.

Tommie L. Huey v. LeMorris Strong; Sunflower Chancery Court; LC Case #: CV2013-000262; Ruling Date: 11/24/2014; Ruling Judge: Jane Weathersby; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. James, J., not participating.

Ladell Maggett, Jr., Jerry Stewart a/k/a Jerry Undre Stewart and Kelvin Taylor a/k/a Kevin Taylor v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2012-094-CR2; Ruling Date: 11/13/2014; Ruling Judge: Albert Smith, III; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Bolivar County, Second Judicial District, for each appellant, of conviction of capital murder and sentence of life without the possibility of parole; and possession of a firearm by a convicted felon and sentence of ten years and a $5,000 fine; with the sentences to be served consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur.

Andrew Watson a/k/a Andrew D. Watson v. State of Mississippi; Washington Circuit Court; LC Case #: 2014-0166; Ruling Date: 05/26/2015; Ruling Judge: W. Hines; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of burglary and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur.

Kristi Dearman v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-14-709 CIV-WG; Ruling Date: 12/08/2015; Ruling Judge: William Gowan, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, James and Greenlee, JJ., Concur. Wilson, J., not participating.

Melissa Langley, Wife of Joe (Joey) Langley, Deceased, Dakota Langley, Colton Langley and Harley Langley v. Waddle Trucking, LLC and Dallas National Insurance Company; LC Case #: 1110006-M-1374; Ruling Date: 01/06/2016; Majority Opinion: Fair, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and Greenlee, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Wilson, J., not participating.

Anderson White, II v. Barbara White; Warren Chancery Court; LC Case #: 2011-362GN; Ruling Date: 04/17/2015; Ruling Judge: Marie Wilson; Majority Opinion: Ishee, J. Disposition: The judgment of the Warren County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., not participating.

Marcus H. Harris a/k/a Marcus Herbert Harris a/k/a Marcus Harris v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,169; Ruling Date: 08/18/2014; Ruling Judge: Robert Krebs; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Margaret Magers v. Diamondhead Resort, LLC; Hancock Circuit Court; LC Case #: 11-0592; Ruling Date: 12/19/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Hancock County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Eddie Williams a/k/a Eddie Anthony Williams a/k/a Eddie A. Williams v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2013-0129-CR1H; Ruling Date: 02/27/2015; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of Counts A-D, burglary of a dwelling, and sentence on each count of ten years; and Count E, burglary of a dwelling, and sentence of fifteen years, with five years suspended; with all sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Barnes, Ishee, Carlton, James, Wilson and Greenlee, JJ., Concur. Fair, J., Concurs in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Specially Concurs With Separate Written Opinion, Joined by Fair, J. Specially Concurring Opinion: Griffis, P.J. Votes: Fair, J., Joins This Opinion.

Joe S. Cane a/k/a Joe Cane v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0555-CVK; Ruling Date: 06/03/2014; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Brymon Hamp, Jr. a/k/a Brymon Shield Hamp, Jr. a/k/a BooJack a/k/a Brymon Hamp a/k/a Brymon A. Hamp a/k/a Brymon S. Hamp a/k/a Brymon Shiled Hamp a/k/a Brymon Shield Hamp v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2011-0041; Ruling Date: 01/23/2014; Ruling Judge: Charles Webster; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Count I, capital murder, and sentence as a habitual offender of life; and Count II, felony fleeing, and sentence as a habitual offender of five years, with the sentence to run consecutively to the sentence in Count I, all 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 Coahoma County. Votes: Griffis, P.J., Ishee, Carlton, Fair, James and Greenlee, JJ., Concur. Irving, P.J., Barnes and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion.

David Lee May a/k/a David L. May a/k/a David May v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2013-331; Ruling Date: 12/11/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court, Second Judicial District, is reversed and rendered. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Fair and Greenlee, JJ., Concur. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.

Darrell Letease Ford a/k/a Darrell Latease Ford a/k/a Darrell L. Ford a/k/a Darrell Ford v. State of Mississippi; Rankin Circuit Court; LC Case #: 25,557; Ruling Date: 09/29/2014; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied.

Hamin Shaheed a/k/a Hamin Shaheed II v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-1-675TTG; Ruling Date: 04/28/2015; Ruling Judge: Tomie Green; Majority Opinion: Wilson, J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, of conviction of first-degree murder is affirmed. The sentence of life in the custody of the Mississippi Department of Corrections with all but twenty years suspended is vacated, and this case is remanded for resentencing consistent with this opinion. All costs of this appeal are assessed to Hinds County. Votes: Griffis, P.J., Barnes, Ishee, Carlton and Greenlee, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., and Fair, J. Concurring in Part and Dissenting in Part Opinion: James, J. Votes: Lee, C.J., and Fair, J., Join This Opinion.

In the Matter of a Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd. v. Benny Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-08-02649-4; Ruling Date: 02/19/2015; Ruling Judge: Carter Bise; Majority Opinion: James, J. Disposition: The judgment of the Harrison County Chancery Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Ishee, Carlton and Greenlee, JJ., Concur. Griffis, P.J., Dissents With Separate Written Opinion, Joined by Barnes, Fair and Wilson, JJ. Dissenting Opinion: Griffis, P.J. Votes: Barnes, Fair and Wilson, JJ., Join This Opinion.

Shannon Rogers v. Gulfside Casino Partnership d/b/a Island View Casino Resort; Harrison Circuit Court 1st District; LC Case #: A2401-13-75; Ruling Date: 05/21/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Wilson, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Ishee, J., Dissents With Separate Written Opinion, Joined by Irving, P.J., Carlton, James and Greenlee, JJ. Dissenting Opinion: Ishee, J. Votes: Irving, P.J., Carlton, James and Greenlee, JJ., Join This Opinion.

Franklin Collection Service, Inc. v. Gwenlyn M. Collins; Smith Circuit Court; LC Case #: 2014-181; Ruling Date: 05/14/2015; Ruling Judge: Eddie Bowen; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Smith County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Dissents With Separate Written Opinion. Barnes, J., not participating. Dissenting Opinion: James, J.

Vincent N. Creppel a/k/a Vincent Nicholas Creppel a/k/a Vincent Creppel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,094(2)(1); Ruling Date: 07/06/2015; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied.

Mitchell Roberts a/k/a James Mitchell Roberts a/k/a Mitchell James Roberts v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 125-15; Ruling Date: 04/06/2016; Ruling Judge: Lester Williamson, Jr.; Disposition: Mitchell Roberts's motion to reinstate this appeal is granted. The mandate is hereby recalled under Mississippi Rule of Appellate Procedure 2(c), and the appeal is reinstated. J. Stewart Parrish's motion to withdraw and substitute counsel is granted. Parrish shall be allowed to withdraw as Roberts's counsel, and George T. Holmes shall be substituted in his place as lead counsel. Order entered.