03/25/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2005-KA-01338-COA

James R. Williams, III v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-310-00TTG; Ruling Date: 03/18/2005; Ruling Judge: Tomie Green; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court for the First Judicial District of Hinds County of conviction of two counts of murder and sentence of two concurrent terms of life imprisonment in the custody of the Mississippi Department of Corrections 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.

Lawrence Kirby Payne v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2006-0252CD; Ruling Date: 12/21/2006; Ruling Judge: Robert Chamberlin; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Desoto County dismissing the motion for post-conviction relief is affirmed. All costs of appeal are assessed to Desoto County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur.

Marathon Asset Management, LLC v. Alicia Otto and Jonathan Otto; Hinds Chancery Court 1st District; LC Case #: G-2004-196 S/2; Ruling Date: 07/21/2006; Ruling Judge: William Singletary; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court 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 and Chandler, JJ., concur. Roberts, J., dissents with separate written opinion joined by Griffis and Barnes, JJ. Carlton, J., not participating. Dissenting Opinion: Roberts, J. Votes: Griffis and Barnes, JJ., join this opinion.

Rixxie Harris v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0217-K; Ruling Date: 03/09/2005; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Sunflower County of conviction of possession of marijuana with the intent to sell, distribute, transport or deliver and sentence of thirty years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Cody W. Waters and Kacee T. Waters v. Albert Allegue; Jackson Circuit Court; LC Case #: 2006-00,0073(3); Ruling Date: 10/16/2006; Ruling Judge: Dale Harkey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Roberts and Carlton, JJ., concur. Ishee, J., not participating.

Shawn Gavin O'Neal v. State of Mississippi; Lamar Circuit Court; LC Case #: K-2004-705P; Ruling Date: 04/18/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Lamar County Circuit Court of conviction of aggravated assault, domestic violence, and sentence to serve twenty years in the custody of the Mississippi Department of Corrections, with twelve years suspended, with five years on post-release supervision, and fine of $2,000 is affirmed. All costs of this appeal are assessed to Lamar County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Lifestyle Furnishings and American Home Assurance Company v. Judy R. Tollison; Lee Circuit Court; LC Case #: CV05-051(A)(L); Ruling Date: 10/17/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lee County is reversed and judgment rendered to reinstate the order of the Mississippi Workers' Compensation Commission. 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.

Peirce McIntosh v. Gay Reed McIntosh; Washington Chancery Court; LC Case #: 05-1011; Ruling Date: 10/02/2006; Ruling Judge: Marie Wilson; Consolidated with 2006-CA-01762-COA Gay Reed McIntosh v. Peirce McIntosh; Washington Chancery Court; LC Case #: 05-1011; Ruling Date: 10/02/2006; Ruling Judge: Marie Wilson; Majority Opinion: Irving, J. Disposition: The judgment of the Washington County Chancery Court in Cause No. 2006-CA-02136 is reversed and rendered and remanded. The judgment of the Washington County Chancery Court in Cause No. 2006-CA-01762 is affirmed. All costs of these appeals are assessed to the appellant in cause no. 2006-CA-01762. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Kevie Cory Davis v. State of Mississippi; Sharkey Circuit Court; LC Case #: 3076; Ruling Date: 05/08/2006; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Sharkey County of conviction of Count I - possession of marijuana more than 30 grams but less than 250 grams and sentence of three years and a fine of $3,000; Count II - conviction of possession of cocaine more than 10 grams but less than 30 grams and sentence of twenty-four years and fine of $500,000, as a habitual offender with the sentences to be served concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Sharkey County. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Mississippi Department of Employment Security F/K/A Mississippi Employment Security Commission v. John Johnson, II; Washington Circuit Court; LC Case #: 2006-221(CM)(W); Ruling Date: 01/11/2007; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Washington County is reversed and judgment is rendered to reinstate the decision of the Employment Security Board of Review. Votes: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Nhan Neill v. Waterway Inc./Team America and Legion Insurance Company Successor Tennessee Insurance Guaranty Fund; Tishomingo Circuit Court; LC Case #: CV06-0129GT; Ruling Date: 01/31/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Tishomingo County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Covenant Health & Rehabilitation of Picayune, LP; Covenant Dove, Inc.; Picayune Partners, Inc.; Bond, Johnson & Bond, Inc., n/k/a Covenant Dove, Inc.; and Keri H. Ladner v. The Estate of Mary Frances Lambert, by and through Joseph Lambert, Individually and as Personal Representative of the Estate of Mary Frances Lambert and on behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Mary Frances Lambert; Pearl River Circuit Court; LC Case #: 2004-0425; Ruling Date: 10/24/2005; Ruling Judge: R. Prichard, III; Disposition: The motion for rehearing is denied. Order entered.

David Mark Havard v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 04-KR-008-S; Ruling Date: 03/01/2006; Ruling Judge: Lillie Sanders; Disposition: The motion for rehearing is denied. Order entered.