12/14/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2003-CC-02151-COA

Kevin Howell v. Mississippi Employment Security Commission and Blendco, Inc.; Forrest Circuit Court; LC Case #: CI03-0088; Ruling Date: 09/09/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Pierre Haynes v. State of Mississippi; Winston Circuit Court; LC Case #: 2003-002CVM; Ruling Date: 01/13/2003; Ruling Judge: C. Morgan, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Winston County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Winston County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Travis Shanks v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2003-1; Ruling Date: 02/11/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Barnes, J. Disposition: The appeal of the judgment of the Circuit Court of Claiborne County is dismissed without prejudice due to lack of jurisdiction. All costs of this appeal are assessed to Claiborne County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Cameron D. Moore v. State of Mississippi; Scott Circuit Court; LC Case #: 2000-CR-181-SC; Ruling Date: 09/23/2003; Ruling Judge: V. Cotten; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Scott County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Bridges and Lee, P.JJ. Myers, Chandler, Barnes and Ishee, JJ., concur. Irving, J. concurs in result only.

Tracy Lynn Pearson v. State of Mississippi; Lafayette Circuit Court; LC Case #: L03-211; Ruling Date: 07/02/2003; Ruling Judge: Andrew Howorth; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lafayette County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Debbie Wheat v. Pamela Lindsley; Lamar Chancery Court; LC Case #: 98-0412-D; Ruling Date: 12/09/2002; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Irving, J. Disposition: Judgment of the Lamar County Chancery Court is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., concurs in result only.

James Allen Gibson, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-00626; Ruling Date: 10/10/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Debbie Buck, as Mother and Natural Guardian of Jamie Buck v. Camp Wilkes, Inc.; Girl Scouts of Gulf Pines Council, Inc.; and Deborah Boozer; Harrison Circuit Court 2nd District; LC Case #: A-2402-2001-86; Ruling Date: 04/17/2003; Ruling Judge: Jerry Terry, Sr.; Consolidated with 2003-CA-01829-COA Debbie Buck, as Mother and Natural Guardian of Jamie Buck v. Camp Wilkes, Inc.; Girl Scouts of Gulf Pines Council, Inc.; and Deborah Boozer; Harrison Circuit Court 2nd District; LC Case #: A-2402-2001-86; Ruling Date: 07/30/2003; 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 appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., Concur. Myers, J., not participating.

Michael Thomas McDonald v. City of Aberdeen; Monroe Circuit Court; LC Case #: CR-03-004; Ruling Date: 06/16/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Monroe County of dismissal of the charges of improper stopping and possession of an open container and conviction of the charge of driving under the influence, first offense, and sentence of two days incarceration in the Monroe County Jail, with sentence suspended, 180 days of unsupervised probation, and payment of $1,000 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Samuel C. Comby v. State of Mississippi; Newton Circuit Court; LC Case #: 02-CR-074-NWG; Ruling Date: 05/01/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Newton County of conviction of DUI - manslaughter and sentence of twenty-one years in the custody of the Mississippi Department of Corrections with three years suspended and three years' probation and pay restitution of $11,265.25 to the victim's husband, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

James Wrecker Service v. Humphreys County, State of Mississippi, A Corporate Body Public; Humphreys Circuit Court; LC Case #: 03-0047; Ruling Date: 07/07/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Lee, P.J. Disposition: The judgment of the Humphreys County Circuit Court is reversed and rendered in part and reversed and remanded in part. Costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Voncile Odom v. The Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-02-1645-CIV-SY; Ruling Date: 05/21/2003; Ruling Judge: W. Yerger; Majority Opinion: Lee, P.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., dissents without separate written opinion.

Charles E. Williams v. Louis H. Fornett, Jr.; Jackson Circuit Court; LC Case #: CI-2002-224(3); Ruling Date: 09/10/2003; Ruling Judge: Dale Harkey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ellis Contracting, Inc. v. Komatsu Financial; Sunflower Circuit Court; LC Case #: 2002-0310 CI; Ruling Date: 09/04/2003; Ruling Judge: Richard Smith; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. King, C.J., dissents without separate written opinion.

Donald Ray Allen v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2001-454; Ruling Date: 12/04/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of possession of or taking away a motor vehicle and sentence of three years to run consecutively to any other sentences imposed all 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, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Myron Cornell Edmond a/k/a Myron Edmond v. State of Mississippi; Tate Circuit Court; LC Case #: CV2003-0220-BT; Ruling Date: 10/17/2003; Ruling Judge: Andrew Baker; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Tate County dismissing the petition for post-conviction relief is affirmed. Costs of this appeal are assessed to Tate County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Taurus Zambrella a/k/a Taurus Hudson a/k/a Tony Harris a/k/a Kenneth Hightower v. State of Mississippi; Pike Circuit Court; LC Case #: 03-081-B; Ruling Date: 12/12/2003; Ruling Judge: Mike Smith; Majority Opinion: Bridges, P.J. Disposition: The appeal of the judgment of the Circuit Court of Pike County is dismissed. All cost of this appeal are assessed to Pike County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Quintarious Wallace v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2002-0028; Ruling Date: 02/18/2003; Ruling Judge: Albert Smith, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Bolivar County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., concurs in result only.

Terry Doss v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0185-CR; Ruling Date: 01/29/2003; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction for the sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections, with five years of post-release supervision, after release from confinement under certain terms and conditions, and fine of $5,000 is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Hosa Brown v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2003-0145-CI; Ruling Date: 04/17/2003; Ruling Judge: Betty Sanders; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Sunflower County dismissing petition for writ of habeas corpus with prejudice is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: King, C.J. Disposition: This Court upon its on motion grants rehearing in this matter. The court's previous opinion is withdrawn, and this opinion substituted therefor. The judgment of the Circuit Court of Choctaw County is affirmed in part and reversed and remanded in part for a proper determination of attorneys fees consistent with this opinion. Costs are assessed equally to the appellant and appellee. Votes: Bridges and Lee, P.JJ., Irving and Myers, JJ., concur. Griffis, J., dissents without separate written opinion. Chandler, Barnes and Ishee, JJ., not participating.

Junior Lee Bass v. State of Mississippi; Warren Circuit Court; LC Case #: 10,948-V; Ruling Date: 04/23/2002; Ruling Judge: Frank Vollor; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

David Earl King v. State of Mississippi; Walthall Circuit Court; LC Case #: 2001-119-B; Ruling Date: 03/22/2002; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.

Gerald Crimm v. State of Mississippi; Leake Circuit Court; LC Case #: 02-CR-096-LE-G; Ruling Date: 01/17/2003; Ruling Judge: Marcus Gordon; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

Roger Cole Riddick v. Patricia Waddell Riddick; Rankin Chancery Court; LC Case #: 45,297; Ruling Date: 01/23/2003; Ruling Judge: William Singletary; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed in part, reversed and rendered in part, and reversed and remanded in part on direct appeal and affirmed on cross-appeal. Appellee's motion for attorney's fees on appeal is denied. All costs of this appeal are assessed in equal parts to the appellant and the appellee. As to Issues I, II, III, IV and V, Chandler, J., for the Court: Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only. As to Issue VI, Chandler, J., for the Court: Bridges, P.J., Myers and Barnes, JJ., concur. King, C.J., concurs in result only. Griffis, J., concurs in part and dissents in part with separate written opinion joined by Lee, P.J., and Ishee, J. As to Issue VII pertaining to the award of attorney's fees at trial, Chandler, J., for the Court: Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only. As to Issue VII pertaining to appellee's motion for attorney's fees on appeal, Griffis, J., for the Court: Lee, P.J., Barnes and Ishee, JJ., concur. King, C.J., concurs in result only. Chandler, J., dissents with separate written opinion joined by Bridges, P.J., and Myers, J. As to Cross-Appeal, Chandler, J., for the Court: Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. King, C.J., not participating. Irving, J., not participating in toto. Concurring in Part and Dissenting in Part Opinion: Griffis, J.

Robert Couldery a/k/a Robert B.J. Couldery v. State of Mississippi; Rankin Circuit Court; LC Case #: 13,270; Ruling Date: 01/09/2003; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Rankin County is reversed and rendered. All costs of this appeal are assessed to Rankin County. Votes: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Raymond Hughes v. State of Mississippi; Lafayette Circuit Court; LC Case #: L03-168; Ruling Date: 05/28/2003; Ruling Judge: Andrew Howorth; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

Larry Lewis v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2003-8-L-P1; Ruling Date: 06/26/2003; Ruling Judge: Ann Lamar; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

Ron Honea v. Deborah D. Honea; Lee Chancery Court; LC Case #: 2003-0597; Ruling Date: 10/13/2003; Ruling Judge: Rodney Shands; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.