03/25/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-KA-00856-COA

Rumond Rashad McNair a/k/a Rumond McNair a/k/a Rumond R. McNair v. State of Mississippi; Rankin Circuit Court; LC Case #: 23356; Ruling Date: 01/26/2012; Ruling Judge: John Emfinger; Majority Opinion: James, J. Disposition: The judgment of the Rankin County Circuit Court of conviction of rape and sentence of thirty-five years in the custody of the Mississippi Department of Corrections, with ten years suspended, followed by five years of supervised probation, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Jonathan Mosby a/k/a Johnathan Mosby v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0109; Ruling Date: 04/15/2011; Ruling Judge: W. Hines; Majority Opinion: James, J. Disposition: The judgment of the Washington County Circuit Court of conviction of Count I, fondling, and sentence of fifteen years; Count II, sexual battery, and sentence of thirty years; Count III, fondling, and sentence of fifteen years; and Count IV, fondling, and sentence of fifteen years, with all sentences to run consecutively in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Griffis, P.J., and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion.

Omar Humphrey a/k/a Omar Khayyan Humphrey a/k/a Omar K. Humphrey v. State of Mississippi; Tate Circuit Court; LC Case #: CV 2010-0207 MT; Ruling Date: 07/30/2012; Ruling Judge: James McClure, III; Majority Opinion: James, J. Disposition: The judgment of the Tate County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tate County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Frederick Devon Pritchett a/k/a Frederick Pritchett a/k/a Frederick D. Pritchett v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 285-12; Ruling Date: 11/28/2012; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of Count I, armed robbery, and sentence of thirty years; Count II, kidnapping, and sentence of fifteen years; and Count III, auto theft, and sentence of ten years, with all sentences to run consecutively in the custody of the Mississippi Department of Corrections, and to pay a fine of $1,000 and restitution of $3,456, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Result Only.

Dana Gail Hall v. James K. Hall, III; Lincoln Chancery Court; LC Case #: 2006-0013; Ruling Date: 08/27/2012; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Lincoln County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Jay Alan Cook v. Mercedes Josephine Peralta Cook; Pearl River Chancery Court; LC Case #: 02-0558-GN-TH; Ruling Date: 06/18/2012; Ruling Judge: Deborah Gambrell; Majority Opinion: Carlton, J. Disposition: The judgment of the Pearl River County Chancery Court is affirmed. All costs of this appeal are assessed equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Griffis, P.J., Dissents Without Separate Written Opinion.

In the Matter of the Estate of Charles William White, Deceased: Anita White, Individually and as Executor of the Estate of Charles William White v. Charles Thomas White; DeSoto Chancery Court; LC Case #: 09-06-1369(PL); Ruling Date: 11/23/2011; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Not Participating.

Kenneth M. Crook a/k/a Kenneth Crook a/k/a K Michael Crook a/k/a Kenneth Michael Crook a/k/a Mike Crook v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0131-E; Ruling Date: 12/12/2012; Ruling Judge: John Emfinger; Majority Opinion: Ishee, J. Disposition: The judgment of the Madison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Roberts and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Carlton, J., Not Participating.

Manhattan Nursing & Rehabilitation Center, LLC v. Bridget Pace, Individually, and Lillie Davis McGee Butler, Individually, and as Co-Executrices for the Estate of Mable J. Allen and on Behalf of the Wrongful Death Beneficiaries of Mable J. Allen, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-09-634-CIV; Ruling Date: 12/14/2011; Ruling Judge: Tomie Green; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed, and this case is remanded for a new trial. All costs of this appeal are assessed to the appellees/cross-appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton, J., Not Participating.

Kevin Reynolds a/k/a Muhamad Rudul Ali a/k/a Kevin A. Reynolds a/k/a Muhamad Ali v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2011-639-H; Ruling Date: 08/21/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pearl River County of conviction of Count I, murder, and Count II, possession of a weapon by a convicted felon, and sentence as a habitual offender of life, without eligibility for parole or probation, for Count I, and ten years for Count II, with the sentences to be served concurrently in the custody of the Mississippi Department of Corrections, with credit for time served; to pay a fine of $1,000; and to pay $1,585 in restitution to the Mississippi Crime Victims' Compensation Program, is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

City of Natchez, Mississippi v. Andre De La Barre; Adams Circuit Court; LC Case #: 10-KV-0003-J; Ruling Date: 06/01/2012; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Adams County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion. James, J., Concurs in Part and in the Result Without Separate Written Opinion.

Sam West Lee a/k/a Sam Lee v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0294; Ruling Date: 05/02/2012; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of Count I, shooting into a dwelling, and sentence of eight years; Count II, shooting into a dwelling, and sentence of ten years; and Count III, burglary with intent to commit an assault, and sentence of fifteen years, with the sentence in Count III to run consecutively to the sentence in Count II, and the sentence in Count II to run consecutively to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes and James, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Tim Hoover v. George Wayne Callen and Nelta Jean Callen ; Warren Chancery Court; LC Case #: 2009-076GN; Ruling Date: 08/27/2012; Ruling Judge: Vicki Barnes; Majority Opinion: Irving, P.J. Disposition: The judgment of the Warren County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Raymond Fortenberry v. State of Mississippi; Pike Circuit Court; LC Case #: 11-293-PKT; Ruling Date: 08/20/2012; Ruling Judge: Michael Taylor; Majority Opinion: Irving, P.J. Disposition: The judgment of the Pike County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections, with ten years suspended, five years to serve, and five years of post-release supervision, and to pay a fine of $2,500 and $4,289.59 in restitution, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Debra L. Kent v. Mississippi Department of Employment Security; Warren Circuit Court; LC Case #: 10,0187-CI; Ruling Date: 01/15/2013; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Warren County Circuit Court is affirmed. Votes: Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Ronald Brooks v. Janice Fields; Lee Chancery Court; LC Case #: 00-0407(41)L; Ruling Date: 02/15/2012; Ruling Judge: Talmadge Littlejohn; Disposition: The motion for rehearing is denied.

John Beasley a/k/a John Harrison Beasley v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk-03-007-JC; Ruling Date: 03/16/2012; Ruling Judge: John Gregory; Disposition: The motion for rehearing is denied.

Carl Richard Cook a/k/a Carl R. Cook a/k/a Carl Cook v. Rankin County, Mississippi; Rankin Circuit Court; LC Case #: 23695; Ruling Date: 09/10/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Patrick Ducksworth a/k/a Patrick D. Ducksworth v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-93-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied.

Milford Ivey a/k/a Charles Milford Ivey v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV12-0181 RT; Ruling Date: 10/29/2012; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied.