03/10/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2007-CP-02143-COA

Anthony Williams v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: 2007-119 P; Ruling Date: 11/07/2007; Ruling Judge: Michael Eubanks; Majority Opinion: Carlton, J. Disposition: The judgment of the Jefferson Davis County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jefferson Davis County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only without separate written opinion. Maxwell, J., not participating.

APAC Mississippi, Inc. and Jose A. Ortega v. Brenda K. Brown Johnson ; Washington Circuit Court; LC Case #: CI2004-224; Ruling Date: 03/05/2007; Ruling Judge: W. Hines; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Roberts, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Maxwell, J., not participating.

Dr. James E. Pittman v. Peggy Thompson Pittman; Hinds Chancery Court 1st District; LC Case #: G2005-1669 O/3; Ruling Date: 11/01/2007; Ruling Judge: Denise Owens; Majority Opinion: Irving, J. Disposition: The judgment of the Hinds County Chancery Court is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellee and one-half to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Maxwell, J., not participating.

Gulf South Pipeline Company, LP v. Blanche Marie Downey Pitre; Warren Special Court of Eminent Domain; LC Case #: 06,0689-CO; Ruling Date: 06/26/2007; Ruling Judge: John Price, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Warren County Special Court of Eminent Domain is affirmed on direct appeal and cross-appeal. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Tony B. Sessums v. Tammy Vance a/k/a Tammy V. Sessums; Newton Chancery Court; LC Case #: 2005-0186; Ruling Date: 12/26/2007; Ruling Judge: H. Clark, II; Majority Opinion: Lee, P.J. Disposition: The judgment of the Newton 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 assessed equally between the appellant and the appellee. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Demarious Latwan Banyard a/k/a Lil Murray a/k/a Mur-Mur v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-460; Ruling Date: 08/07/2006; Ruling Judge: Tomie Green; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections without eligibility for parole 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. Irving, J., concurs in part and result without separate written opinion. Maxwell, J., not participating.

Chris Miller and Johnny L. Miller a/k/a Snapper v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-045-CR; Ruling Date: 10/31/2007; Ruling Judge: C. Morgan, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Winston County of conviction of Chris Miller for sale of cocaine and sentence of ten years in the custody of the Mississippi Department of Corrections to run consecutively to the sentence currently being served, to pay a $5,000 fine, and to have driving privileges suspended for six months is affirmed. The judgment of the Circuit Court of Winston County of conviction of Johnny Miller for sale of cocaine and sentence as a habitual offender of thirty years in the custody of the Mississippi Department of Corrections without eligibility for probation or parole, to pay a $5,000 fine, and to have driving privileges suspended for six months is affirmed. All costs of this appeal are assessed to Winston County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Gregory S. Dalton, Individually and d/b/a Louisville Electronics v. Cellular South, Inc.; Winston Circuit Court; LC Case #: 2006-013-CV-L; Ruling Date: 04/04/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Lee, P.J., and Irving, J., would grant. Griffis and Maxwell, JJ., not participating. Order entered.

Tammie E. Brown v. General Motors Corporation; George Circuit Court; LC Case #: 2001-0220(3); Ruling Date: 08/20/2007; Ruling Judge: Dale Harkey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of George 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, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Grover Vanduran Hairston v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 925-06; Ruling Date: 10/24/2007; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of aggravated assault and possession of a firearm by a convicted felon and sentence as a habitual offender of twenty-three years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Elliott Allen Young a/k/a Duke v. State of Mississippi; Walthall Circuit Court; LC Case #: 2006-84-S; Ruling Date: 10/08/2007; Ruling Judge: Michael Taylor; Majority Opinion: Carlton, J. Disposition: The judgment of the Walthall County Circuit Court of conviction of two counts of sale of cocaine and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation and to pay a $5,000 fine for each count, $300 restitution to the Mississippi Crime Lab, and $300 restitution to the Southwest Mississippi Inter-jurisdictional Narcotics Enforcement Unit is affirmed. All costs of this appeal are assessed to Walthall County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only without separate written opinion. Maxwell, J., not participating.

Wendell Duncan a/k/a Wendell Avery Duncan v. Donna Jill Johnson and Renee Covert; Lauderdale Circuit Court; LC Case #: 07-CV-2005(B); Ruling Date: 12/12/2007; Ruling Judge: Robert Bailey; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed in part and vacated and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, P.J., Griffis and Carlton, JJ., concur. Barnes, J., concurs in part and dissents in part with separate written opinion joined by King, C.J., Irving and Ishee, JJ. King, C.J., concurs in part and dissents in part without separate written opinion. Irving, J., dissents without separate written opinion. Roberts and Maxwell, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: King, C.J., Irving and Ishee, JJ., join this opinion.

Omnova Solutions, Inc. v. Theresa Lipa; Lowndes Circuit Court; LC Case #: 2007-0094-CV1; Ruling Date: 02/27/2008; Ruling Judge: Lee Howard; Majority Opinion: Lee, P.J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis and Maxwell, JJ., not participating.