03/15/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry E.
X  2009-CA-01842-COA

D.L. Harkness and Mary P. Harkness v. Butterworth Hunting Club, Inc., Robert Hammett, Richard Hammett and Harold Hammett; Holmes Chancery Court; LC Case #: 07-0171; Ruling Date: 09/24/2009; Ruling Judge: Janace Goree; Majority Opinion: Roberts, J. Disposition: The judgment of the Holmes County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Carlton, J., concurs in result only without separate written opinion.

Jeremy Wright v. State of Mississippi; Warren Circuit Court; LC Case #: 09,0128CI; Ruling Date: 01/21/2010; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Warren County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

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Opinion: Roberts, J. Disposition: The motion for rehearing is granted, and the previous opinion of this Court is withdrawn with this opinion substituted in lieu thereof. The judgment of the Bolivar County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes and Ishee, JJ., concur. Carlton, J., dissents with separate written opinion joined by Myers, J., and joined in part by Maxwell, J. Dissenting Opinion: Carlton, J. Votes: Myers, J., joins this opinion. Maxwell, J., joins this opinion in part.

Corey Lewis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-367 CIV; Ruling Date: 05/29/2009; Ruling Judge: W. Yerger; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Hinds County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Philvester Williams and Joyce Williams v. America's Home Place, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-08-000143CIV; Ruling Date: 06/05/2009; Ruling Judge: William Coleman; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in result only without separate written opinion.

Mississippi Security Police and Commerce and Industry Insurance Company v. Susan Patterson; Jackson Circuit Court; LC Case #: 2008-00,494(3); Ruling Date: 08/20/2009; Ruling Judge: Dale Harkey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Kamal Karriem, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0149-CV1; Ruling Date: 08/31/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Lowndes County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

5K Farms, Inc. v. Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G2009-599S/2; Ruling Date: 07/21/2009; Ruling Judge: William Singletary; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion joined in part by Irving, P.J. Dissenting Opinion: Carlton, J. Votes: Irving, P.J., joins this opinion in part.

Edward L. Montedonico, Trustee for the Bankruptcy Estate of Michael Jefferies v. Mt. Gillion Baptist Church; Panola Circuit Court 2nd District; LC Case #: CV2008-316MP2; Ruling Date: 11/10/2009; Ruling Judge: James McClure, III; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Panola County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, P.J., dissents with separate written opinion. Dissenting Opinion: Irving, P.J.

In The Matter of The Estate of Thelma McCullough, Deceased: Patricia A. Catchings v. The Estate of Thelma McCullough, Deceased, Geraldine Yates, Administratrix; Hinds Chancery Court 1st District; LC Case #: P-2004-07; Ruling Date: 11/03/2009; Ruling Judge: Patricia Wise; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Josie Rogers, Individually and as a Conservator for Chester Rogers v. Ernest Ford, Jr.; Adams Circuit Court; LC Case #: 09-KV-0003-J; Ruling Date: 11/04/2009; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Adams County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result.

Jennifer Marie Horner Williams (Hall) v. William V. Williams, III; Adams Chancery Court; LC Case #: 97-353; Ruling Date: 11/17/2009; Ruling Judge: George Ward; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Adams County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

Arthur Gardner v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0096-CV1; Ruling Date: 12/03/2009; Ruling Judge: Lee Howard; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lowndes County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Timothy M. Griffin v. Christopher B. Epps; Rankin Circuit Court; LC Case #: 2009-300-R; Ruling Date: 12/09/2009; Ruling Judge: Samac Richardson; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Rankin County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Rose Quinn v. Mississippi Department of Employment Security and Mims Convenience Stores Inc.; Leflore Circuit Court; LC Case #: 2009-0111-CICI; Ruling Date: 01/06/2010; Ruling Judge: Richard Smith; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Leflore County is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Sepeccuss Langston v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0034CD; Ruling Date: 02/23/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Ishee, J. Disposition: The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Timothy Nash Loden v. State of Mississippi; Prentiss Circuit Court; LC Case #: CV01-118-G-PR; Ruling Date: 03/01/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Prentiss County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Prentiss County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.