05/19/2015 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2012-WC-01975-COA

BellSouth Telecommunications, Inc. v. Larry B. Harris; LC Case #: 9802826-H-0186E; Ruling Date: 11/16/2012; Ruling Judge: Liles Williams; Majority Opinion: James, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Terrance Richard Campbell a/k/a Terrance Campbell a/k/a Terrence Campbell a/k/a Terrence R. Campbell v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-253; Ruling Date: 03/26/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of felony driving under the influence and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur.

Billy Dale Hill a/k/a Bobby Hill a/k/a Billy Hill v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2014-0058(CMC)(S); Ruling Date: 05/15/2014; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Carlton, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to Sunflower County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Quincy Clayton a/k/a Quincy Lee Clayton v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-222-KR2; Ruling Date: 09/30/2013; Ruling Judge: Billy Landrum; Majority Opinion: Roberts, J. Disposition: The judgment of the Jones County Circuit Court of conviction of manslaughter, and sentence of twenty years in the custody of the Mississippi Department of Corrections, and to pay a fine of $5,000 is affirmed. The five-year sentence enhancement under Mississippi Code Annotated Section 97-37-37 is reversed, and this case is remanded for the circuit court to strike the firearm enhancement from the sentencing order. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Elizabeth Domino, Vickie Braswell, Chuck Braswell, Wayne Braswell, Larry Braswell, Jennifer M. Weston and Beau Miles v. Judy C. Braswell and Ann Braswell; Bolivar Chancery Court 2nd District; LC Case #: 2013-0115; Ruling Date: 10/04/2013; Ruling Judge: Watosa Sanders; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Barnes, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Roberts, J., Concurs in Result Only Without Separate Written Opinion. Griffis, P.J., and James, J., Dissent Without Separate Written Opinion.

James Douglas McKnight a/k/a James McKnight a/k/a James D. McKnight v. State of Mississippi; Pike Circuit Court; LC Case #: 12-137-PKT-PKS; Ruling Date: 06/21/2013; Ruling Judge: David Strong, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of Count One, murder, and Count Two, possession of a firearm by a convicted felon, and sentence as a habitual offender on both counts of life in the custody of the Mississippi Department of Corrections without the possibility of probation, parole, or early release, with the sentences to run consecutively, and to pay fines in the amount of $10,000 on Count One, and $1,000 on Count Two, along with restitution, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kenny Walton a/k/a "K Dog" v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-076-CR2; Ruling Date: 09/06/2013; Ruling Judge: Albert Smith, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Bolivar County Circuit Court dismissing the motion for post-conviction relief 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., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Davarious Levonte Talley v. State of Mississippi; Scott Circuit Court; LC Case #: 13-CR-054-SC-G; Ruling Date: 10/10/2013; Ruling Judge: Marcus Gordon; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of burglary of a dwelling and sentence of twelve years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kim Wade v. Mississippi Real Estate Commission; Hinds Circuit Court 1st District; LC Case #: 25110703CIV; Ruling Date: 08/27/2013; Ruling Judge: Tomie Green; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Irving, P.J., Not Participating.

Tommy Hamberlin a/k/a Tommy Lee Hamberlin v. State of Mississippi; Warren Circuit Court; LC Case #: 13,0066- CI; Ruling Date: 10/02/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Warren County dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Warren County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Roberts, J., Concurs in Result Only. James, J., Not Participating.

Stanley R. Chesney a/k/a Stanley Ray Chesney a/k/a Stanley Chesney v. State of Mississippi; Neshoba Circuit Court; LC Case #: 12-CR-0036-NS-G; Ruling Date: 09/20/2012; Ruling Judge: Marcus Gordon; Majority Opinion: Barnes, J. Disposition: The judgment of the Neshoba County Circuit Court is reversed and rendered. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion. Maxwell, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Carlton, J., Dissents With Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Dissenting Opinion: Carlton, J.

Charles Gallagher and Anita Gallagher v. City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: C-2301-10-0360; Ruling Date: 01/10/2013; Ruling Judge: Roger Clark; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Barnes and James, JJ.; Irving, P.J., Joins In Part. Dissenting Opinion: Carlton, J. Votes: Barnes and James, JJ., Join This Opinion. Irving, P.J., Joins This Opinion in Part.

Verenzo Cartrell Green a/k/a Verenzo Green v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0138-J; Ruling Date: 03/07/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Barnes, J., would grant.

Ryan McClendon v. State of Mississippi; Lee Circuit Court; LC Case #: CR11-675; Ruling Date: 02/13/2013; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied.

Tim Turner a/k/a Timothy Turner v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV13-097-P-1; Ruling Date: 10/08/2013; Ruling Judge: James Pounds; Disposition: The motion for rehearing is denied.