03/11/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2006-CP-02139-COA

Jessie James McGee v. State of Mississippi; Copiah Circuit Court; LC Case #: 2005-0061-CR; Ruling Date: 11/17/2006; Ruling Judge: Lamar Pickard; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Copiah County denying defendant's motion for reconsideration of sentence is affirmed. All costs of this appeal are assessed to Copiah County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Carlton, JJ., concur. Roberts, J., concurs in result only.

Samuel Heath Ivy v. City of Louisville; Winston Circuit Court; LC Case #: 2006-0051-CR; Ruling Date: 11/08/2006; Ruling Judge: C. Morgan, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Winston County of conviction of DUI-first offense and fines of $471.30 and assessment of $230 are affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Johnny Ray Davis v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2005-67-KR2; Ruling Date: 03/29/2007; Ruling Judge: Billy Landrum; Majority Opinion: Griffis, J. Disposition: The judgment of the Jones County Circuit Court of conviction of fondling and sentence to serve fifteen years in the custody of the Mississippi Department of Corrections, with five years suspended, and a fine of $2,000, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Brian Sneed v. State of Mississippi; Quitman Circuit Court; LC Case #: 2006-0080; Ruling Date: 04/13/2007; Ruling Judge: Charles Webster; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Quitman County denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Quitman County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bhavna Kumar v. Arvind M. Kumar; Lowndes Chancery Court; LC Case #: 2004-0795-L; Ruling Date: 06/05/2006; Ruling Judge: Robert Lancaster; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Lowndes County is affirmed in part and reversed in part and remanded to the Chancery Court with instructions to enter a divorce decree and for 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, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Patricia Austin v. Mississippi Department of Employment Security and Fitzgerald Casino; Tunica Circuit Court; LC Case #: 2006-0215; Ruling Date: 01/03/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Michael Latavin Smith v. State of Mississippi; George Circuit Court; LC Case #: 2004-10-093(1); Ruling Date: 06/29/2006; Ruling Judge: Robert Krebs; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of George 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 George County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Jamie Christie a/k/a Jamie Christie, Jr. v. State of Mississippi; Marion Circuit Court; LC Case #: 2006-0297P(PC); Ruling Date: 01/04/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Marion County is affirmed in part as to dismissal of motion for post-conviction relief and reversed and rendered in part as to imposition of monetary sanctions against counsel. All costs of this appeal are to be assessed equally between the parties. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Carlton, J., not participating.

In Re: The Estate of Markin A. Bell, Deceased: Jeana Bell v. Michael E. Dixon a/k/a Mike Dixon d/b/a Central Energy Services; Hinds Circuit Court 2nd District; LC Case #: 252-06-26; Ruling Date: 02/09/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County granting summary judgment and dismissing the second complaint with prejudice is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bobby L. Deere v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2007-0007-M; Ruling Date: 03/14/2007; Ruling Judge: W. Hines; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Sunflower County denying motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Edward James Hopson a/k/a Edward J. Hopson v. Mississippi State Parole Board; Sunflower Circuit Court; LC Case #: 2007-0017-M; Ruling Date: 03/02/2007; Ruling Judge: W. Hines; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Sunflower County dismissing Hopson's petition to show cause is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Patrick DeJean v. Heywood DeJean, Christine DeJean and Hancock Bank; Jackson Chancery Court; LC Case #: 2001-1968 JB; Ruling Date: 02/07/2005; Ruling Judge: Jaye Bradley; Disposition: The motion for rehearing is denied. Barnes and Roberts, JJ., would grant. Carlton, J., not participating. Order entered.

Armstrong Knight a/k/a Armstrong Jacob Knight v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2004-00404; Ruling Date: 01/04/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Griffis, J. Disposition: The motion for rehearing granted. The original is withdrawn, and this modified opinion is substituted in lieu thereof. The judgment of the Circuit Court of Harrison County in Cause Number b2401-2003-746, for carrying a concealed weapon in violation of Mississippi Code Annotated section 97-37-1, is reversed and rendered, and the remainder of the judgment denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Huey L. Evans v. State of Mississippi; Newton Circuit Court; LC Case #: 05-CR-034-NWG; Ruling Date: 12/07/2005; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Order entered.

Tyrone Morton and Annie Morton v. City of Shelby and James Carmicle, In His Individual and Official Capacity; Bolivar Circuit Court 2nd District; LC Case #: 2004-0129; Ruling Date: 01/17/2006; Ruling Judge: Larry Lewis; Disposition: The motion for rehearing is denied. Order entered.

Richard Broderick Jones v. Nevada Rae Barr Jones; Hinds Chancery Court 1st District; LC Case #: G2004-2398 R/1; Ruling Date: 01/25/2006; Ruling Judge: Stuart Robinson; Disposition: The motion for rehearing is denied. Griffis, Barnes and Roberts, JJ., would grant. Order entered.

Bobby Heidelberg v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2003-272-KR2; Ruling Date: 06/02/2006; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Order entered.

Jimmy Dao v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-433-CR; Ruling Date: 03/23/2005; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

Mississippi Department of Corrections v. James R. Tuttle; Sunflower Circuit Court; LC Case #: CI2006-0013; Ruling Date: 08/09/2006; Ruling Judge: Richard Smith; Disposition: The appellant's motion for rehearing is denied. Order entered.

L. D. Foxworth v. State of Mississippi; Marion Circuit Court; LC Case #: K03-0277P; Ruling Date: 09/08/2006; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Order entered.

Mikimie Tenille Brown a/k/a Mikimie Brown a/k/a Mikimie Kim Brown v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0333-E; Ruling Date: 10/24/2006; Ruling Judge: Michael Eubanks; Disposition: The motion for rehearing is denied. Carlton, J., not participating. Order entered.

Towander Denise Broadhead a/k/a Towanda Denise Garner a/k/a Tawana Denise Broadhead v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,042; Ruling Date: 11/21/2006; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing is denied. Order entered.

Steven Ray Shelton a/k/a Steven Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-251-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Consolidated with 2006-CP-02134-COA Steven Ray Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-252-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.

Steven Ray Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-252-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Consolidated with 2006-CP-02128-COA Steven Ray Shelton a/k/a Steven Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-251-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.

Triangle Construction Company, Inc. v. Foshee Construction Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-184CIV; Ruling Date: 09/14/2006; Ruling Judge: W. Yerger; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County granting summary judgment is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents without separate written opinion. Lee, P.J., not participating.