05/19/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-KA-00551-COA

Eddie Lamont Henderson v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2007-119-B-PZ; Ruling Date: 03/27/2008; Ruling Judge: Andrew Baker; Majority Opinion: Carlton, J. Disposition: The judgment of the Panola County Circuit Court of conviction of burglary of a dwelling and sentence of five years in the custody of the Mississippi Department of Corrections and five years of post-release supervision is afffimed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Roberts, JJ., concur. Barnes, J., concurs in part and in the result. Maxwell, J., not participating.

Brentwood Health Management of Mississippi, LLC d/b/a Children's Hospital of Vicksburg v. Mississippi State Department of Health; Hinds Chancery Court 1st District; LC Case #: G2007-1643 O/3; Ruling Date: 01/17/2008; Ruling Judge: Denise Owens; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result. Irving, J., not participating.

Anthonie Henderson a/k/a Anthonie Jermaine Henderson a/k/a Anthonie J. Henderson v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2008-0175BP2; Ruling Date: 06/26/2008; Ruling Judge: Andrew Baker; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Panola County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Irving, J., not participating.

Scotty B. Lyles v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0193-CR; Ruling Date: 04/25/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of obtaining merchandise valued at $100 or more under false pretenses and sentence as a habitual offender to life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

EMC Enterprise, Inc., a Louisiana Corporation v. Mississippi Department of Employment Security; Hinds Circuit Court 1st District; LC Case #: 251-05-531 CIV; Ruling Date: 06/26/2007; Ruling Judge: Tomie Green; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit 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, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

North Mississippi Medical Center v. Susan Stevenson; Lee Circuit Court; LC Case #: CV-07-043-F; Ruling Date: 12/03/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lee County is reversed, and judgment is rendered reinstating the order of the Workers' Compensation Commission. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result without separate written opinion. Barnes, J., not participating.

Scotty B. Lyles v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-044-CR; Ruling Date: 05/02/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of armed robbery and sentence as a habitual offender of life imprisonment, without eligibility for parole, in the custody of the Mississippi Department of Corrections and to pay a fine of $10,000 is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jaison O. Harness v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-335; Ruling Date: 06/18/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of aggravated DUI and sentence of twenty-five years, with ten years suspended and five years of supervised probation, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

Gregory Lee, Sr. v. Sonia Alicia Lee; Lowndes Chancery Court; LC Case #: 2005-0226; Ruling Date: 11/09/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Irving, J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dana M. Shadden v. Keith A. Shadden; Rankin Chancery Court; LC Case #: 60993; Ruling Date: 06/08/2007; Ruling Judge: John Grant, III; Majority Opinion: Lee, P.J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Leon Lamar Trotter v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5797; Ruling Date: 06/16/2004; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Daron Maxwell and Peggy Maxwell, Individually and on Behalf of the Wrongful Death Beneficiaries of Walter Maxwell, Deceased v. Baptist Memorial Hospital-Desoto, Inc.; DeSoto Circuit Court; LC Case #: CV2002-351RD; Ruling Date: 06/30/2005; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Carlton and Maxwell, JJ., not participating. Order entered.

Jimmy Ray Turner v. James B. Everett; Smith Circuit Court; LC Case #: 2003-304; Ruling Date: 08/08/2006; Ruling Judge: Joseph Webster; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Mary Reed Evans v. State of Mississippi; Monroe Circuit Court; LC Case #: Cr07-042; Ruling Date: 02/20/2007; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Maxwell, J., not participating. Order entered.

Carl Sherman Spurlock v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 532-05; Ruling Date: 05/11/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Roberts and Maxwell, JJ., not participating. Order entered.

Estate of Marsha Paulette Forman Grover, Deceased: Roger Simmons v. Marlene Harrell; Amite Chancery Court; LC Case #: 2006-303; Ruling Date: 09/06/2007; Ruling Judge: Debbra Halford; Disposition: The motion for rehearing is denied. Irving, J., would grant. Maxwell, J., not participating. Order entered.

Mary Guy v. B.C. Rogers Processors, Inc. and Mississippi Workers' Compensation Self- Insurer Guaranty Association; Scott Circuit Court; LC Case #: 2007-044-SC-G; Ruling Date: 08/09/2007; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Barnes and Maxwell, JJ., not participating. Order entered.

Brent Edison Murphy v. Christopher B. Epps, Ronald King a/k/a Ron King and Alicia Box; Pearl River Circuit Court; LC Case #: 2007-0489; Ruling Date: 10/10/2007; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Taurus Caldwell a/k/a Taurus L. Caldwell v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0211-CICR; Ruling Date: 01/09/2008; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.