12/14/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-CP-01776-COA

Rosa Robinson and Willie Washington v. Ivey Burton and Hilda Burton; Attala Chancery Court; LC Case #: 2007-94; Ruling Date: 10/09/2008; Ruling Judge: J. Kilpatrick; Majority Opinion: Maxwell, J. Disposition: The judgment of the Attala County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Myers, P.J., not participating.

Frank Vasser, Jr. v. Bibleway M.B. Church; Chickasaw Chancery Court 2nd District; LC Case #: CV-2008-000083; Ruling Date: 03/04/2009; Ruling Judge: Dorothy Colom; Majority Opinion: Maxwell, J. Disposition: The judgment of the Chickasaw County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in part and in the result.

J. Irvin Beasley v. State of Mississippi; Jackson Circuit Court; LC Case #: 2006-10,926(2); Ruling Date: 07/30/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Maxwell, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of Count I, touching a child for lustful purposes, and sentence of ten years; and Count II, sexual battery, and sentence of twenty-five years, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections, and to pay a $5,000 fine on each count for a total of $10,000 is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Theresa N. Reed and Irene Daniels v. Marvin F. Fair; Copiah Chancery Court; LC Case #: 2009-201; Ruling Date: 07/28/2009; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Copiah County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Barnes, Ishee and Roberts, JJ., concur. Griffis, J., specially concurs with separate written opinion joined by King, C.J. Carlton, J., concurs in result only with separate written opinion. Specially Concurring Opinion: Griffis, J. Votes: King, C.J., joins this opinion. Concur in Result Only Opinion: Carlton, J.

Stone County, Mississippi and Stone County Board of Supervisors v. Stone County Hospital Ambulance Service; Stone Circuit Court; LC Case #: A6601-2008-0042; Ruling Date: 08/24/2009; Ruling Judge: Lisa Dodson; Majority Opinion: Maxwell, J. Disposition: The judgment of the Stone County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., concurs in result only.

Emma Hannah v. State of Mississippi; Winston Circuit Court; LC Case #: 2009-0152 CV; Ruling Date: 09/01/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Winston County Circuit Court dismissing the 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., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

James M. Kitchens v. Dirtworks, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-2007-84; Ruling Date: 09/11/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. King, C.J., concurs in result only without separate written opinion.

State Farm Mutual Automobile Insurance Company v. Nancy Moyer; Quitman Circuit Court; LC Case #: 97-0091; Ruling Date: 06/24/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Quitman County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Griffis, J., not participating.

Kenneth Joe Mixon v. Greywolf Drilling Company, LP and Employers Insurance of Wausau/Liberty Mutual; Simpson Circuit Court; LC Case #: 2009-243; Ruling Date: 08/28/2009; Ruling Judge: Robert Evans; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Simpson County is affirmed on direct and cross-appeal. All costs of this appeal are assessed equally to the appellant/cross-appellee and the appellees/cross-appellants. Votes: Lee and Myers, P.JJ., Irving, Griffis and Ishee, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Carlton, J., concurs in result only without separate written opinion. King, C.J., and Maxwell, J., not participating.

Terrance Kuykendall v. State of Mississippi; Quitman Circuit Court; LC Case #: 2009-0004; Ruling Date: 09/29/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Quitman County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Quitman County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Dewayne Ladale Tugle v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0007; Ruling Date: 12/17/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Count I, attempted armed robbery, and sentence of twenty-four years to run consecutively to the sentence in Count III and concurrently with the sentence in Count IV; Count III, felon in possession of a firearm, and sentence of eight years to run consecutively to the sentence in Count I and concurrently with the sentence in Count IV; and Count IV, felony fleeing, and sentence of five years to run concurrently with the sentences in Counts I and III, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Clarence Bennett, Jr. v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2005-103-CR2; Ruling Date: 12/12/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of Count I, aggravated assault, and sentence of twelve years, and Count II, possession of a firearm by a convicted felon, and sentence of three years, with the sentences to run concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Craig Lashoun McBeath v. State of Mississippi; Scott Circuit Court; LC Case #: 2007-CR-092-SC-G; Ruling Date: 04/15/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Scott County Circuit Court of conviction of simple murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed, conviction of kidnapping is affirmed, and sentence of forty years for kidnapping is vacated; and this case is remanded for resentencing. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., not participating.

James K. Triplett as the Administrator of the Estate of Jean B. Triplett, Deceased: Andrew Maxwell Triplett v. River Region Medical Corporation, John Adams, M.D., Patty Stone, CRNA; Warren Circuit Court; LC Case #: 06,0054-CI; Ruling Date: 05/20/2008; Ruling Judge: Frank Vollor; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Warren County is affirmed on direct appeal, and the cross-appeal is rendered moot. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Patrick William Cox v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-615; Ruling Date: 09/29/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, forcible rape, and sentence of twenty-eight years; Count II, carjacking, and sentence of fifteen years; and Count III, kidnapping, and sentence of thirty years, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Jeffrey Dale Beecham v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2007-955-CD; Ruling Date: 12/16/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of driving under the influence causing death and sentence of twenty-five years as a habitual offender in the custody of the Mississippi Department of Corrections without eligibility for probation or parole is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Barnes, J., concurs in result only without separate written opinion. Myers, P.J., not participating.

James C. Henry v. Mississippi Department of Employment Security ; DeSoto Circuit Court; LC Case #: CV2008-0403CD; Ruling Date: 06/05/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

James D. Romine v. Allied Waste North America, Inc. a/k/a BFI and American Home Assurance Company; Jackson Circuit Court; LC Case #: 2008-00,171(3); Ruling Date: 08/21/2009; Ruling Judge: Dale Harkey; Majority Opinion: Ishee, 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., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Darrian Ragland v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2004-0120; Ruling Date: 08/17/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Count I, burglary of a dwelling, and sentence of twenty-five years; and Count II, petit larceny, and sentence of six months to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Roberts, J., concurs in result only without separate written opinion.

Sedric Medlock v. State of Mississippi; Tate Circuit Court; LC Case #: CV2009-0258MT; Ruling Date: 09/14/2009; Ruling Judge: James McClure, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Tate County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Michael Gibson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-00,254(2); Ruling Date: 11/23/2009; Ruling Judge: Kathy Jackson; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Jackson County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Demario Walker v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2008-128; Ruling Date: 01/27/2009; Ruling Judge: Lillie Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Wilkinson County denying the petition for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Wilkinson County. Votes: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., not participating.

Chaz Pinkston v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 08-1-088; Ruling Date: 05/13/2009; Ruling Judge: W. Yerger; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of armed robbery and sentence of thirty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., not participating.

Susan Reid, Individually, and On Behalf of the Wrongful Death Beneficiaries of William Reid, Deceased v. Mississippi Farm Bureau Casualty Insurance Company; Lawrence Circuit Court; LC Case #: 2008-254H; Ruling Date: 11/20/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Griffis, J. Disposition: The judgment of the Lawrence County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., not participating.

William Dwayne Salter v. State of Mississippi; George Circuit Court; LC Case #: 2009-00,75(1); Ruling Date: 11/23/2009; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of George County dismissing the petition for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to George County. Votes: King, C.J., Lee, P.J., Irving, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in result only without separate written opinion. Myers, P.J., not participating.

Verna Mae P. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2005-53-48-L; Ruling Date: 12/15/2008; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Lee, P.J. Disposition: The judgment of the Monroe County Chancery Court is reversed and rendered on direct appeal and affirmed on cross-appeal. All costs of this appeal are assessed one-half to the appellant/cross-appellee and one-half to the appellee/cross-appellant. Votes: King, C.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Myers, P.J., not participating.

Jeremy Neil Pitts a/k/a Jeremy Neal Pitts v. State of Mississippi; George Circuit Court; LC Case #: 2007-10,105(3); Ruling Date: 04/30/2009; Ruling Judge: Dale Harkey; Majority Opinion: Lee, P.J. Disposition: The judgment of the George County Circuit Court of conviction of murder and sentence of life 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., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Bertha Madison v. Geico General Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-08417; Ruling Date: 05/11/2009; Ruling Judge: Roger Clark; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Myers, P.J., and Maxwell, J., not participating.

Harold Donell Hargett a/k/a Junior v. State of Mississippi; Pike Circuit Court; LC Case #: 07-039-PKT; Ruling Date: 03/14/2008; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Irving, J., not participating. Order entered.

Vanessa Decker a/k/a Vanessa Francis Decker a/k/a Vanessa Frances Decker a/k/a Fran v. State of Mississippi; Clay Circuit Court; LC Case #: 9092; Ruling Date: 08/01/2008; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Barnes, J., not participating. Order entered.

Artis F. Power v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2008-001-CR; Ruling Date: 08/19/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Maxwell, J., would grant. Order entered.

Edmond Jenkins v. Rose Jenkins; Copiah Chancery Court; LC Case #: 2006-325; Ruling Date: 10/31/2008; Ruling Judge: George Ward; Disposition: The motion for rehearing is denied. Order entered.

Philip Wayne Ladner, Sr. v. Deborah Ladner; Hancock Chancery Court; LC Case #: C2301-06-00351(3); Ruling Date: 02/13/2009; Ruling Judge: Sanford Steckler; Majority Opinion: Irving, J. Disposition: The judgment of the Hancock County Chancery Court is affirmed in part, reversed and rendered in part, and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Myers, P.J., not participating. Dissenting Opinion: Carlton, J.

Gregory Frazier v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-053-CR2; Ruling Date: 12/17/2008; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Yalanda Johnson v. State of Mississippi; Lincoln Circuit Court; LC Case #: 08-213-LS; Ruling Date: 04/08/2009; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Order entered.