03/01/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2009-KA-01891-COA

Keith Boyda v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2005-0090; Ruling Date: 09/10/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Stone 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 Stone County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Eric DeShawn Jackson v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0337CRP; Ruling Date: 03/26/2009; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Warren County Circuit Court of conviction of three counts of depraved-heart murder and sentence of life in the custody of the Mississippi Department of Corrections on each count without the possibility of parole with the sentences to run consecutively 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 Maxwell, JJ., concur.

Alisha Vanwey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2008-258CD; Ruling Date: 08/26/2009; Ruling Judge: Robert Chamberlin; Consolidated with 2009-CA-01546-COA Alisha Vanwey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2008-263CD; Ruling Date: 08/26/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Carlton, J. Disposition: The judgments of the Circuit Court of DeSoto County denying the motions for post-conviction relief are 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 Maxwell, JJ., concur.

Lawonda Shephard and Alfred Kirkham v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-022-CR2; Ruling Date: 12/17/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Roberts, J. Disposition: Kirkham: The judgment of the Bolivar County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. Shephard: The judgment of the Bolivar County Circuit Court is reversed, and Shephard's case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

Eric De'Juan Jones v State of Mississippi; Lawrence Circuit Court; LC Case #: 2008-117 H; Ruling Date: 02/28/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Roberts, J. Disposition: The judgment of the Lawrence County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lawrence County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Kenneth D. Saranthus and Laura M. Saranthus v. Health Management Associates, Inc. d/b/a Central Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-03-1244-CIV; Ruling Date: 10/30/2008; Ruling Judge: W. Yerger; Majority Opinion: Griffis, J. Disposition: The judgment of the Hinds 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, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Mitchel Russ Howell v. Betty Lea Howell Turnage; Lawrence Chancery Court; LC Case #: 2004-0091; Ruling Date: 05/01/2009; Ruling Judge: Joe Walker; Majority Opinion: Irving, J. Disposition: The judgment of the Lawrence County Chancery Court is reversed and rendered, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed against the appellee. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion. King, C.J., not participating.

Janet H. Wright v. James C. O'Daniel; DeSoto Chancery Court; LC Case #: 07-10-2049; Ruling Date: 07/20/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of DeSoto 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 Maxwell, JJ., concur. Carlton, J., concurs in result only without separate written opinion.

Bertrue Jackson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0121; Ruling Date: 08/20/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Count I, aggravated assault, and Count II, possession of a firearm by a convicted felon, and sentence of ten years, with five years of post-release supervision for Count I, and ten years for Count II, with the sentences to run concurrently, 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 and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

Danny Jerard Jackson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2007-1026; Ruling Date: 07/29/2009; Ruling Judge: Roger Clark; Majority Opinion: Irving, 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, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Marco S. Raine v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-00,236(2); Ruling Date: 10/16/2009; Ruling Judge: Kathy Jackson; Majority Opinion: Irving, J. Disposition: The judgment of the Jackson County Circuit Court denying the motion for post-conviction relief is reversed, and this case is remanded for an evidentiary hearing. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Roberts, JJ., concur. Maxwell, J., concurs in result only without separate written opinion. Carlton, J., dissents without separate written opinion.

Trenton Russell Sheffield, Jr. v. Mary Ann West Sheffield; Lowndes Chancery Court; LC Case #: 2007-0259-C; Ruling Date: 09/11/2009; Ruling Judge: Dorothy Colom; Majority Opinion: Irving, J. Disposition: The judgment of the Lowndes County Chancery Court 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, Carlton and Maxwell, JJ., concur.

Keshia Gilmer v. State of Mississippi; Lincoln Circuit Court; LC Case #: 08-210-LT; Ruling Date: 12/02/2009; Ruling Judge: Michael Taylor; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lincoln County of conviction of arson and sentence of three years in the custody of the Mississippi Department of Corrections, with two years suspended, one year to serve, and two years of probation, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Robert E. Forrest, Jr. v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-70-LS; Ruling Date: 04/21/2008; Ruling Judge: David Strong, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of Count I, touching a child for lustful purposes, and sentence of fifteen years with twelve years to serve and three years of probation, and Count II, touching a child for lustful purposes, and sentence of five years suspended and five years of probation, with the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections with no possibility of early release or parole, and to pay a $10,000 fine, 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.

Chad Gregory Potts v. Felicia Dawn Windham; Alcorn Chancery Court; LC Case #: 2000-515(02)M; Ruling Date: 08/11/2009; Ruling Judge: Jacqueline Mask; Majority Opinion: Lee, P.J. Disposition: The judgment of the Alcorn County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are divided equally between the appellant and the appellee. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

Patrick Franklin v. State of Mississippi; Tunica Circuit Court; LC Case #: 2007-0091; Ruling Date: 06/27/2008; Ruling Judge: Albert Smith, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of depraved heart murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Tunica County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion.

Marvin Berry v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-641; Ruling Date: 04/10/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of possession of cocaine and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., concurs in part and in the result without separate written opinion. Maxwell, J., not participating.

Larry Press Wells v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-00774; Ruling Date: 04/30/2009; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of cocaine with intent to transfer and sentence as a habitual offender of sixty years 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 Harrison County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Irving and Roberts, JJ., concur in part and in the result without separate written opinion.

Arturo Aquirre Moreno v State of Mississippi; Lamar Circuit Court; LC Case #: 2008-202H; Ruling Date: 11/10/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: King, C.J. Disposition: The judgment of the Lamar County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ.,concur. Maxwell, J., concurs in part and in the result without separate written opinion.

Carl Douglas Necaise v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-09-017; Ruling Date: 10/01/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed in part and reversed in part. All costs of this appeal are assessed to Harrison County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., concurs in part and in the result without separate written opinion. Maxwell, J., concurs in result only without separate written opinion.

Glenn M. Kelly v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-09-628; Ruling Date: 10/14/2009; Ruling Judge: W. Yerger; Majority Opinion: King, C.J. Disposition: The judgment of the Hinds County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Elijah Bennett Dowdle v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0654-CR1; Ruling Date: 09/04/2009; Ruling Judge: Lee Howard; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of possession of less than one gram of cocaine and sentence as a habitual offender of eight years in the custody of the Mississippi Department of Corrections, without eligibility for probation or parole, and to pay a $20,000 fine, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Britton & Koontz Bank, N.A. and Amfed National Insurance Company v. Florence Townsend; Adams Circuit Court; LC Case #: 08-KV-0132-S; Ruling Date: 08/24/2009; Ruling Judge: Lillie Sanders; Majority Opinion: King, C.J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Justin David Shaffer a/k/a Justin David Schaffer v. State of Mississippi; Greene Circuit Court; LC Case #: 21-06-10,048(2); Ruling Date: 08/14/2008; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Griffis and Roberts, JJ., would grant. Order entered.

Jermaine Brownlee v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2007-531-CD; Ruling Date: 03/16/2009; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Kenneth W. Keys v. State of Mississippi; Forrest Circuit Court; LC Case #: CI08-0044; Ruling Date: 05/27/2009; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Dr. Jerry Pratt v. Gulfport-Biloxi Regional Airport Authority d/b/a Gulfport-Biloxi International Airport; Harrison Circuit Court 1st District; LC Case #: A2401-2006-104; Ruling Date: 07/02/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Harrison 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., Griffis, Carlton and Maxwell, JJ., concur. Lee, P.J., dissents with separate written opinion joined by Myers, P.J., Irving and Barnes, JJ. Ishee, J., not participating. Dissenting Opinion: Lee, P.J. Votes: Myers, P.J., Irving and Barnes, JJ., join this opinion.

Lawanda Dillon v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2009-066-LS; Ruling Date: 06/24/2009; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Terry Wilkins v. State of Mississippi; Lafayette Circuit Court; LC Case #: L09-186; Ruling Date: 07/20/2009; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Brenda Peters v. Belk Incorporated and Liberty Mutual Insurance Company; Lee Circuit Court; LC Case #: CV08-011(PF)L; Ruling Date: 02/08/2010; Ruling Judge: Paul Funderburk; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts and Carlton, JJ., concur. Barnes and Maxwell, JJ., not participating.