12/16/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
XX  2007-CA-00362-COA

Department of Human Services, State of Mississippi and Ruby J. Murphy v. Henry Ray; Sunflower Chancery Court; LC Case #: 547; Ruling Date: 02/01/2007; Ruling Judge: Jane Weathersby; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Sunflower County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Barnes and Roberts, JJ., concur. Griffis, J., concurs in part and dissents in part with separate written opinion joined by Myers, P.J., Chandler and Ishee, JJ. Irving, J., dissents in part without separate written opinion. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Myers, P.J., Chandler and Ishee, JJ., join this separate opinion.

Mary Ann Griffin (Stone) v. Lea Brent Family Investments, L.P.; Washington Chancery Court; LC Case #: 0600173; Ruling Date: 06/26/2007; Ruling Judge: Marie Wilson; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Washington County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Joseph Stevenson v. State of Mississippi; Washington Circuit Court; LC Case #: 2005-365; Ruling Date: 06/12/2007; Ruling Judge: W. Hines; Majority Opinion: Carlton, J. Disposition: The judgment of the Washington County Circuit Court of conviction of statutory rape and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J., not participating.

Point South Land Trust and Dean Roffers, Trustee v. Ramon Gutierrez, Back Bay Casino of Biloxi, LLC and Bayview Gutierrez, LLC; Harrison Chancery Court 2nd District; LC Case #: C2402-05-270(4); Ruling Date: 06/23/2006; Ruling Judge: Carter Bise; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to appellants. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents without separate written opinion. Chandler, J., not participating.

James Arthur Fannings, Jr. v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2006-079CR2; Ruling Date: 11/30/2006; Ruling Judge: Robert Elliott; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections without eligibility for parole is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Randy Scott v. City of Goodman, Mississippi, Dickerson Petroleum, Inc. d/b/a BP Convience and Service Station and Melvin Williams; Holmes Circuit Court; LC Case #: 2003-147; Ruling Date: 07/27/2007; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Holmes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Anthony Paul Williams v. Entergy Mississippi, Inc.; Washington Circuit Court; LC Case #: CI2005-83; Ruling Date: 11/17/2006; Ruling Judge: Richard Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents without separate written opinion. King, C.J., not participating.

Bedford Health Properties, LLC, Bedford Care Center of Hattiesburg, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Park Management Corp., Michael McElroy, Jr. and Robert Perry v. The Estate of Theodore Davis, by and through Patricia Davis, Individually and as Personal Representative of the Estate of Theodore Davis, and on behalf of and for the use and benefit of the wrongful death beneficiaries of Theodore Davis; Forrest Circuit Court; LC Case #: CI04-02222; Ruling Date: 04/26/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Griffis, J. Disposition: The judgment of the Forrest County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in part and in result.

Kanethia Edwards v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2007-004-CR1; Ruling Date: 04/25/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of aggravated assault and sentence of six years in the custody of the Mississippi Department of Corrections, with two years to serve and four years suspended, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in part and in result.

Estate of Marsha Paulette Forman Grover, Deceased: Roger Simmons v. Marlene Harrell; Amite Chancery Court; LC Case #: 2006-303; Ruling Date: 09/06/2007; Ruling Judge: Debbra Halford; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Amite County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., concurs in result only. Irving, J., dissents with separate written opinion. Dissenting Opinion: Irving, J.

Mary Guy v. B.C. Rogers Processors, Inc. and Mississippi Workers' Compensation Self- Insurer Guaranty Association; Scott Circuit Court; LC Case #: 2007-044-SC-G; Ruling Date: 08/09/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Griffis, J. Disposition: The judgment of the Scott County Circuit Court is reversed and this case is remanded to the Mississippi Workers' Compensation Commission 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, Ishee, Roberts and Carlton, JJ., concur. Barnes, J., not participating.

James Alexander v. Hildrich Gross and Dinette Gross and all persons having or claiming any legal or equitable interest in the land described in this complaint; Madison Chancery Court; LC Case #: 2006-125; Ruling Date: 10/19/2007; Ruling Judge: Janace Goree; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

John Peter Muise v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-06-467; Ruling Date: 06/13/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Harrison 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 Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving and Barnes, JJ., concur in result only.

William Presley Brown, II v. State of Mississippi; Warren Circuit Court; LC Case #: 06-0122CRP; Ruling Date: 06/08/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Warren County of conviction of murder and sentence to life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Keith Johnson v. State of Mississippi; Monroe Circuit Court; LC Case #: CR06-077; Ruling Date: 09/13/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Monroe County Circuit Court of conviction of culpable-negligence manslaughter and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with eight years suspended, seven years to serve, and five years of post-release supervision, and payment of a $1,000 fine and $100 to the Mississippi Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jeffrey Jackson a/k/a Jeffery Jackson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-493-00 WSY; Ruling Date: 05/09/2006; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of armed robbery 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 Hinds County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., specially concurs with separate written opinion joined by Irving and Carlton, JJ. Specially Concurring Opinion: King, C.J. Votes: Irving and Carlton, JJ., join this opinion.

June Allen Starr, Jr. a/k/a June Allen Starr,Sr. a/k/a Allen June Starr, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2006-11,283; Ruling Date: 08/15/2007; Ruling Judge: Kathy Jackson; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Jackson County of conviction of aggravated domestic assault and sentence of twenty years in the custody of the Mississippi Department of Corrections and a fine of $5,000 to the Mississippi Crime Victims' Compensation Fund is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes and Ishee, JJ., concur. Carlton, J., concurs in the result only with separate written opinion joined by Griffis and Roberts, JJ. Concur in result only Opinion: Carlton, J. Votes: Griffis and Roberts, JJ., join this separate opinion.

Felisha Tillmon v. Mississippi Department of Employment Security; Washington Circuit Court; LC Case #: CI2006-219; Ruling Date: 05/09/2007; Ruling Judge: W. Hines; Majority Opinion: Irving, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bobby L. Travis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-535; Ruling Date: 09/25/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of burglary of a dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections with ten years suspended and five years of supervised probation is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Debra W. Ellis, Executrix of the Estate of Willie B. Woodruff, Deceased, George Mitchell, James Mitchell, M.D. and Betty Mitchell, Individually and on Behalf of all other Wrongful Death Beneficiaries v. Mississippi Baptist Medical Center, Inc. and Mississippi Baptist Health Systems, Inc. d/b/a Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-05-53-CIV; Ruling Date: 10/24/2006; Ruling Judge: W. Yerger; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ., concur. Chandler and Barnes, JJ., not participating.

Joseph Antwan Glenn a/k/a Joseph Antwon Glenn, Gregory Smith and Crystal Daniels v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-074-CR2; Ruling Date: 05/19/2005; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Corey Barlow v. State of Mississippi; Lincoln Circuit Court; LC Case #: 04-38KS; Ruling Date: 04/11/2005; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Order entered.

Estate of Lakeshia Denise Carr, Deceased, By and Through Minnie Macfield, Administratrix v. The City of Ruleville; Sunflower Circuit Court; LC Case #: 2004-0473-CI; Ruling Date: 11/15/2006; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Order entered.

Demetry Kendrick, Lora Kendrick and Curtis Kendrick v. Mississippi Farm Bureau Insurance and Derrick Vance; Hinds Circuit Court 1st District; LC Case #: 251-04-1060; Ruling Date: 12/15/2006; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Order entered.

Richard Marshall v. Burger King, Sydran and The Worley Companies; Warren Circuit Court; LC Case #: 05,0061-CI; Ruling Date: 01/22/2007; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Order entered.

City of Hernando, Mississippi v. North Mississippi Utility Company; DeSoto Chancery Court; LC Case #: 01-7-972; Ruling Date: 11/15/2006; Ruling Judge: Melvin McClure, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Fred Henry Beale v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-670-00 WSY; Ruling Date: 09/27/2006; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Order entered.

Lasharis T. Alford a/k/a Pookie Dog a/k/a Pookie Dos v. State of Mississippi; Clay Circuit Court; LC Case #: 8974; Ruling Date: 01/18/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Wal-Mart Stores, Inc. and National Union Fire Insurance Company of Pittsburgh, PA v. Teresa G. Patrick; Tate Circuit Court; LC Case #: CV2006-102LT; Ruling Date: 02/28/2007; Ruling Judge: Ann Lamar; Disposition: The motion for rehearing is denied. Order entered.

Maggie Mayweather v. Isle of Capri Casino, Inc. d/b/a Isle of Capri Corporation; Coahoma Circuit Court; LC Case #: 14-CI-03-0087; Ruling Date: 02/07/2007; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Irby Matthew Tate v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,619; Ruling Date: 02/22/2007; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Holmes County is reversed and rendered. All costs of this appeal are assessed to Holmes County. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Ishee and Roberts, JJ., concur. Carlton, J., dissents with separate written opinion joined by Myers, P.J., and Irving, J. Dissenting Opinion: Carlton, J. Votes: Myers, P.J., and Irving, J., join this separate opinion.

John Anthony Magyar v. State of Mississippi; Washington Circuit Court; LC Case #: CI2007-39; Ruling Date: 04/05/2007; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Chandler, J., not participating. Order entered.

Timmy Prentice v. Schindler Elevator Company and Zurich American Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-06-406; Ruling Date: 01/16/2007; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. Order entered.

Leon Stuart, Individually, and as Wrongful Death Beneficiary and on Behalf of all other Wrongful Death Beneficiaries of Shirley Stuart, Deceased v. The University of Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-04-42CIV; Ruling Date: 09/25/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Chandler, J. Disposition: The motion for rehearing is denied. The original opinion issued in this case is withdrawn, and this opinion is substituted therefor. 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., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents without separate written opinion.

Stephen T. Yarbrough a/k/a Steven Tracy Yarbrough v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0193-CR1; Ruling Date: 05/18/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Ray Charles Lenoir v. State of Mississippi; Monroe Circuit Court; LC Case #: CV04-452-AM; Ruling Date: 06/14/2007; Ruling Judge: Sharion Aycock; Disposition: The motion for rehearing is denied. Order entered.

Octzavius Nekeith Weaver v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-071; Ruling Date: 07/18/2006; Ruling Judge: William Gowan, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Dell H. Palmer, Tanja E. Adams and Audrey Neely v. Mississippi Real Estate Commission; Madison Circuit Court; LC Case #: 2007-0039C; Ruling Date: 08/24/2007; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Barnes, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only. Irving, J., concurs in part and in the result. Ishee, J., concurs in part. Chandler, J., not participating.

Joseph L. Branch v. State of Mississippi; Warren Circuit Court; LC Case #: 07-0123-CI-P; Ruling Date: 09/05/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Warren County dismissing the motion for post-conviction relief is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Warren County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee and Roberts, JJ., concur. Irving and Carlton, JJ., concur in result only. Chandler, J., not participating.

Robert Lee Kimble v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-433-CV-M; Ruling Date: 09/20/2007; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Order entered.

Stephanie Roberson v. LFI Fort Pierce, Inc., Deep South Trucking, Mississippi Insurance Guaranty Association and American Interstate Insurance Company; Lamar Circuit Court; LC Case #: 2007-0195; Ruling Date: 12/11/2007; Ruling Judge: Michael Eubanks; Disposition: The motion for rehearing is denied. Order entered.