03/02/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Irving, Tyree
X  2008-KA-01284-COA

Jeffrey Shelley v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0338CRV; Ruling Date: 07/18/2008; Ruling Judge: Frank Vollor; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Warren County of conviction of sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections, with fifteen years to serve and five years of post-release supervision, with the sentence to run consecutively to the sentence in Warren County Cause Number 05-0305CRV, is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. King, C.J., concurs in result only.

Jerry Moses v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-285; Ruling Date: 06/16/2008; Ruling Judge: Richard Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Washington County Circuit Court of conviction of carjacking and sentence of fifteen years in the custody of the Mississippi Department of Corrections and to pay a $2,500 fine is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee and Maxwell, JJ., concur. Barnes and Roberts, JJ., concur in result only.

Estate of Cynthia Gilkey Wallace, Deceased, by Louis M. Wallace v. Emad H. Mohamed, M.D., Bristol-Myers Squibb Co. and Sanofi-Synthelabo, Inc.; Lowndes Chancery Court; LC Case #: 2005-0178; Ruling Date: 06/23/2008; Ruling Judge: Kenneth Burns; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Lowndes County is reversed and rendered, and this case is remanded 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., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Nathaniel Lavell Coleman v. State of Mississippi; Jackson Circuit Court; LC Case #: 2008-10,665(3); Ruling Date: 10/30/2008; Ruling Judge: Dale Harkey; Majority Opinion: Irving, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of felony murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Haas Trucking, Inc. v. Hancock County Solid Waste Authority and Hancock County Board of Supervisors; Hancock Circuit Court; LC Case #: 2007-357; Ruling Date: 02/06/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Roberts and Maxwell, JJ., concur. Ishee, J., not participating.

Terrance Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-09-114; Ruling Date: 04/22/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Harrison County Circuit Court denying the petition for writ of habeas corpus 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 and Maxwell, JJ., concur.

Ottis J. Cummings, Jr. a/k/a Ottis Junior Cummings a/k/a Otis Cummings v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2008-010CR; Ruling Date: 02/18/2009; Ruling Judge: C. Morgan, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Choctaw County Circuit Court of conviction of felony driving under the influence and sentence as a habitual offender of life 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 Choctaw County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

In the Matter of the Administration of the Estate of Edward D. May, Deceased: Lavada Thomas, Administratrix v. First Federal Bank for Savings; Marion Chancery Court; LC Case #: 2007-0026-G-W; Ruling Date: 02/17/2009; Ruling Judge: Johnny Williams; Majority Opinion: Lee, P.J. Disposition: The judgment of the Marion County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Willie Rudolph Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-1999-426; Ruling Date: 09/09/2008; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.

Thomas E. David a/k/a Thomas Eugene David v. State of Mississippi; Tate Circuit Court; LC Case #: CR22007-16M(T); Ruling Date: 08/22/2008; Ruling Judge: James McClure, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Tate County Circuit Court of conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections with five years of post-release supervision is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee and Myers, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ., concur. King, C.J., and Irving, J., concur in result only.

Keith Spearman v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-001-CR2; Ruling Date: 06/19/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of attempted burglary of a building and sentence of five years in the custody of the Mississippi Department of Corrections, with two years to serve and three years suspended, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Irving, J., dissents without separate written opinion.

State Farm Mutual Automobile Insurance Company v. Jerry P. Jones; Jones Circuit Court 2nd District; LC Case #: 2007-19-CV3; Ruling Date: 09/19/2008; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Griffis, J., not participating. Order entered.

Thomas J. Amerson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 09-CV-016(W); Ruling Date: 03/12/2009; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Roberts, J., not participating. Order entered.