03/03/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2014-CA-00007-COA

William W. Satterfield v. The State of Mississippi; The Department of Human Services, a Department of the State of Mississippi; The Mississippi Personnel Board, a Political Subdivision of the State of Mississippi; Phil Bryant, as Governor of the State of Mississippi; Richard A. Berry, as Executive Director of the Mississippi Department of Human Services; Wally Naylor, as Office Director II over Family Foundations and Support; and Deanne Mosely, as Director of the Mississippi Personnel Board; Hinds Chancery Court 1st District; LC Case #: G2013-333 S/2; Ruling Date: 12/13/2013; Ruling Judge: William Singletary; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes, J., Not Participating.

Chris Clausell v. Jeffrey Bourque; Jackson Circuit Court; LC Case #: 2010-00,200(3); Ruling Date: 12/23/2013; Ruling Judge: Dale Harkey; Consolidated with 2012-CA-01281-COA Chris Clausell v. Jeffrey Bourque; Jackson Circuit Court; LC Case #: 2010-00200; Ruling Date: 07/27/2012; Ruling Judge: Dale Harkey; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton, Maxwell and James, JJ., Concur. Barnes and Ishee, JJ., Not Participating.

Sanderson Farms, Inc. v. Tanya Jessie; LC Case #: 1010956-K-8381; Ruling Date: 03/06/2014; Majority Opinion: Fair, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Albert Lee Norwood a/k/a Albert Norwood v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-803; Ruling Date: 11/22/2013; Ruling Judge: John Gargiulo; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed without prejudice due to lack of jurisdiction. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Tammy Seago v. Mississippi Department of Employment Security and Three S. Enterprises, Inc.; Pike Circuit Court; LC Case #: 13-136-PCT; Ruling Date: 09/24/2013; Ruling Judge: David Strong, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Pike County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion.

Jeffrey Allen a/k/a Jeffery Grey Allen v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-10,161(2); Ruling Date: 10/31/2013; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson County Circuit Court of conviction of capital 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: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Irving, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion.

Terrell G. Bass a/k/a Terrell Gene Bass a/k/a Terrell Bass v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0450m; Ruling Date: 10/07/2013; Ruling Judge: Anthony Mozingo; Majority Opinion: Roberts, J. Disposition: The judgment of the Marion County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Not Participating.

Tinseltown Cinema, LLC v. City of Olive Branch, Mississippi; DeSoto Circuit Court; LC Case #: CV2013-061-RCD; Ruling Date: 11/14/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto County Circuit Court is reversed, and judgment is rendered in favor of the appellant. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Carlton, Fair and James, JJ., Concur. Maxwell, J., Dissents With Separate Written Opinion, Joined by Barnes and Ishee, JJ. Dissenting Opinion: Maxwell, J. Votes: Barnes and Ishee, JJ., Join This Opinion.

Earnest Sykes a/k/a Ernest Sykes v. State of Mississippi; Clay Circuit Court; LC Case #: 2003-0273-H; Ruling Date: 01/25/2013; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is dismissed.

Elray Jones, Individually, and on Behalf of All The Heirs at Law and Wrongful Death Beneficiaries of Shirley Nebraska Jones, Deceased v. MEA, Inc.; MEA Medical Clinic of Ridgeland, Mississippi; St. Dominic - Jackson Memorial Hospital; Its Agent-Corporation and/or Parent Company(ies); Jackson Heart Clinic, P. A.; Its Agent-Corporation and/or Parent Company; Lakeland Drive; Hinds Circuit Court 1st District; LC Case #: 251-11-844; Ruling Date: 08/16/2012; Ruling Judge: William Gowan, Jr.; Disposition: The motion for rehearing is denied. James, J., would grant. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. See opinion rendered.

Elray Jones, Individually, and on Behalf of All The Heirs at Law and Wrongful Death Beneficiaries of Shirley Nebraska Jones, Deceased v. MEA, Inc.; MEA Medical Clinic of Ridgeland, Mississippi; St. Dominic - Jackson Memorial Hospital; Its Agent-Corporation and/or Parent Company(ies); Jackson Heart Clinic, P. A.; Its Agent-Corporation and/or Parent Company; Lakeland Drive; Hinds Circuit Court 1st District; LC Case #: 251-11-844; Ruling Date: 08/16/2012; Ruling Judge: William Gowan, Jr.; Majority Opinion: Maxwell, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and Roberts, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton and Fair, JJ., Not Participating.

Gyrone Marcell McSwain a/k/a Gyrone McSwain v. State of Mississippi; Forrest Circuit Court; LC Case #: 12-354CR; Ruling Date: 04/05/2013; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

Molly M. Brown a/k/a Molly Brown v. State of Mississippi; Neshoba Circuit Court; LC Case #: 13-CR-0036-NS-G; Ruling Date: 03/14/2013; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Griffis, P.J., and Carlton, J., would grant.

Robert Calonkey v. Amory School District ; Monroe Circuit Court; LC Case #: CV12-066-RM; Ruling Date: 06/18/2013; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied.

Timothy Kennedy v. Estate of Thomas M. Kennedy, Deceased, Thomas M. Kennedy, Jr., Executor; Harrison Chancery Court 2nd District; LC Case #: C2402-10-00514; Ruling Date: 07/15/2013; Ruling Judge: Sanford Steckler; Disposition: The motion for rehearing is denied.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. Johnny Reb Aviation, LLC; Tate Chancery Court; LC Case #: 10-7-276 (PL); Ruling Date: 08/20/2013; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Lee, C.J., not participating.