03/04/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-CA-01892-COA

Richard H. Powell v. Amy Sue Powell; Harrison Chancery Court 1st District; LC Case #: 00-01589; Ruling Date: 07/12/2006; Ruling Judge: Carter Bise; Majority Opinion: Carlton, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed in part, and reversed and remanded in part. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Keith Bright a/k/a Lewis Keith Bright v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2006-0017CR; Ruling Date: 10/11/2006; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Montgomery County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections with six years suspended and five years of post-release supervision is affirmed. All costs of this appeal are assessed to Montgomery County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., not participating.

Jimi Levar Watts v. State of Mississippi; George Circuit Court; LC Case #: 20-2006-10,070(1); Ruling Date: 10/20/2006; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of George County of conviction of possession of a controlled substance and sentence of twenty-five years in the custody of the Mississippi Department of Corrections and fine of $50,000 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.

John Griffin Bowie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-06-00014; Ruling Date: 03/05/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Frederick C. Ellis a/k/a Frederick Charles Ellis v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2004-00374; Ruling Date: 03/23/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of Count I: sexual battery and sentence of twenty years and Count II: statutory rape and sentence of twenty years, with sentences in Count I and Count II to be served day for day and run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. The costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ.,concur.

Thelma Koestler v. Marilyn Elizabeth Koestler; Hinds Chancery Court 1st District; LC Case #: M 2006-582; Ruling Date: 10/16/2006; Ruling Judge: William Singletary; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Chancery Court is reversed and judgment rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Public Employees' Retirement System v. Arlene Warner; Hinds Circuit Court 1st District; LC Case #: 251-04-449CIV; Ruling Date: 12/01/2006; Ruling Judge: Winston Kidd; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and judgment is rendered to reinstate the decision of the Board of Trustees of the Public Employees' Retirement System. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ.,concur.

Hurdle & Son and MS Casualty Insurance Company v. Michael A. Holloway; Marshall Circuit Court; LC Case #: M98-230; Ruling Date: 09/13/2006; Ruling Judge: Henry Lackey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Marshall County is reversed. This matter is remanded to the Circuit Court of Marshall County 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., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Darin Brasel v. The Hair Company and Roffler International, LLC; Lee Circuit Court; LC Case #: CV04-166(G)L; Ruling Date: 11/17/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, 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., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Amy R. Hollingsworth v. Mississippi Department of Employment Security; Jackson Circuit Court; LC Case #: 2006-00,158(1); Ruling Date: 09/11/2006; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Billy Lloyd Ray v. State of Mississippi; Jackson Circuit Court; LC Case #: 2006-00,193(1); Ruling Date: 10/05/2006; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jackson County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

Darious Calvert a/k/a D.C. a/k/a D-Gully v. State of Mississippi; Lee Circuit Court; LC Case #: CV06-212(G)L; Ruling Date: 03/19/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Griffis, J. Disposition: The appeal from the Circuit Court of Lee County is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

Jonathan Craig Gray, Individually and on Behalf of all Wrongful Death Beneficiaries of Hughlene Gray, Deceased v. The University of Mississippi School of Medicine and The University of Mississippi Medical Center Hospitals Division of the State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-06-28CIV; Ruling Date: 08/15/2006; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court for the First Judicial District of Hinds 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, Ishee, Roberts and Carlton, JJ., concur.

Steven Walter Eason v. State of Mississippi; Perry Circuit Court; LC Case #: 5234; Ruling Date: 02/20/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Perry County of conviction of Count I-sexual battery and sentence of thirty years; Count II-sexual battery and sentence of thirty years; Count III-sexual battery and sentence of thirty years, with said sentences in Counts I, II, and III to run consecutive with each other; Count IV-sexual battery and sentence of thirty years, with ten years to serve in the custody of the Mississippi Department of Corrections and the remainder suspended with five years post-release supervision, with said sentence in Count IV to run consecutive with sentences in Counts I, II, and III, is affirmed. All costs of this appeal are assessed to Perry County. Votes: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Irving, J., concurs in part and result. Roberts, J., concurs in Count I, II, III and specially concurs in count IV with separate with opinion, joined by Lee, P.J., Irving, Chandler, Griffis and Barnes, JJ. Specially Concurring Opinion: Roberts, J. Votes: Lee, P.J., Irving, Chandler, Griffis and Barnes, JJ., join this opinion.

Patrick Jones v. State of Mississippi; Monroe Circuit Court; LC Case #: CV06-295PFM; Ruling Date: 12/19/2006; Ruling Judge: Paul Funderburk; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Monroe County dismissing motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Monroe County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Robert White, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2005-0010CICR; Ruling Date: 12/15/2005; Ruling Judge: Margaret Carey-McCray; Majority Opinion: King, C.J. Disposition: The judgment of the Leflore County Circuit Court of conviction of manslaughter and sentence of a term of twenty years in the custody of the Mississippi Department of Corrections with fifteen years to serve followed by five years of post-release supervision is affirmed. All costs of this appeal are assessed to Leflore County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Ron Parmley d/b/a A Classic Wrecker v. Woodrow W. Pringle, III, Ben F. Galloway and Owen and Galloway, PLLC; Harrison Circuit Court 1st District; LC Case #: A 2401-2005-25; Ruling Date: 11/07/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Roberts, J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn and this modified opinion is substituted in lieu of. The judgment of the Circuit Court of Harrison County is affirmed in part and reversed in part. Both the January 31, 2005, and June 7, 2005, complaints are dismissed without prejudice. All costs of this appeal are assessed to the appellant. Votes: Myers, P.J., Chandler, Griffis, Ishee and Carlton, JJ., concur. Lee, P.J., concurs in part and dissents in part with separate written opinion, joined by King, C.J., and Irving, J. Barnes, J., joins in part and result. Concurring in Part and Dissenting in Part Opinion: Lee, P.J. Votes: King, C.J. and Irving, J., join this opinion. Barnes, J., joins this opinion in part and result.