08/23/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
X  2014-CP-00336-COA

Tremaine Whittaker a/k/a Tremaine Whitaker a/k/a Tremaine A. Whittaker v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-13-844; Ruling Date: 04/21/2014; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Greenlee, J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is reversed, and this case is remanded for an evidentiary hearing on whether to grant an out-of-time direct appeal. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair and James, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion. Wilson, J., Concurs in Part and in the Result Without Separate Written Opinion.

Willie Ed Smith, Jr. a/k/a Willie Smith a/k/a Willie Ed Smith a/k/a Willie E. Smith v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-470; Ruling Date: 04/20/2015; Ruling Judge: Christopher Schmidt; Majority Opinion: Greenlee, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, of conviction of unlawful possession of a firearm by a felon and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, and to serve thirty days in the custody of the Harrison County Sheriff for contempt of court, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Emma Bell and John Bell v. Certain Underwriters at Lloyd's London, Subscribing to Policy Number - TCN034699, Southgroup Insurance and Financial Services, LLC and TAPCO Underwriters, Inc.; Claiborne Circuit Court; LC Case #: 2013-30; Ruling Date: 09/11/2014; Ruling Judge: Lamar Pickard; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Claiborne County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Dissents Without Separate Written Opinion.

Justine Lynn Nations a/k/a Justine Savell Nations a/k/a Lynn a/k/a Justin Lynn Nations a/k/a Justine Nations a/k/a Justine L. Nations a/k/a Justine Lynn McCurdy a/k/a Justine McCurdy v. State of Mississippi; Rankin Circuit Court; LC Case #: 26,156; Ruling Date: 04/08/2015; Ruling Judge: John Emfinger; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of grand larceny and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

LaDonna Ware v. Adams County Mississippi, By and Through Its Board of Supervisors, and Adams County Sheriff Charles R. Mayfield Jr., in his Official Capacity; Adams Circuit Court; LC Case #: 11-KV- 0107- J; Ruling Date: 08/27/2014; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: James, 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., and Ishee, J., Concur. Barnes, Fair and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion. Carlton and Greenlee, JJ., Dissent Without Separate Written Opinion.

Ellis Turnage v. Ellis Christopher Brooks, a Minor, and Alex Jarrett Brooks, a Minor, by Mary Brooks, Mother and Adult Next Friend; Bolivar Chancery Court 2nd District; LC Case #: 2009-0422; Ruling Date: 06/04/2014; Ruling Judge: Edward Prisock; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Bolivar County, Second Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

K.T., by and through her Natural Parents and Guardians, Michael Toepfer and Jennifer Toepfer v. Klein Road Church of God; Harrison Circuit Court 1st District; LC Case #: A2401-2013-247; Ruling Date: 05/13/2015; Ruling Judge: Roger Clark; Majority Opinion: Fair, J. Disposition: The judgment of the Harrison County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Sherman E. Billie, Sr. a/k/a Sherman Billie a/k/a Sherman Billie, Sr. v. State of Mississippi; Neshoba Circuit Court; LC Case #: 14-CR-0022-NS-G; Ruling Date: 07/10/2014; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of sexual battery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

Henry Harvey a/k/a Henry Harvey, Jr. and Lillie May Moore Harvey a/k/a Lillie M. Harvey v. Federal National Mortgage Association; Grenada Circuit Court; LC Case #: 2014-122CVL; Ruling Date: 01/12/2015; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Grenada County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

In the Matter of the Last Will and Testament of Johanna Massingale, Deceased: Haruhiko Murakami v. Janice M. Young, Jennifer M. Eakes and Justin Massingale; Clarke Chancery Court; LC Case #: 13-0289-P; Ruling Date: 04/10/2015; Ruling Judge: Lawrence Primeaux; Majority Opinion: Carlton, J. Disposition: The judgment of the Clarke 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, Fair, James, Wilson and Greenlee, JJ., Concur.

Vincent N. Creppel a/k/a Vincent Nicholas Creppel a/k/a Vincent Creppel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,094(2)(1); Ruling Date: 07/06/2015; Ruling Judge: Robert Krebs; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson County Circuit Court dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James, Wilson and Greenlee, JJ., Concur.

Charlie Ricardo Grant a/k/a Charlie Grant a/k/a Charlie "Chuck" Grant v. State of Mississippi; Rankin Circuit Court; LC Case #: 23,809; Ruling Date: 09/24/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-10-458CIV; Ruling Date: 11/28/2012; Ruling Judge: Winston Kidd; Majority Opinion: Wilson, J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is affirmed in part and vacated and remanded in part. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Fair and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion. Ishee, J., Dissents With Separate Written Opinion, Joined by Carlton, J. Dissenting Opinion: Ishee, J. Votes: Carlton, J., Joins This Opinion.

Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH213-cv-00032; Ruling Date: 11/04/2013; Ruling Judge: Jennifer Schloegel; Consolidated with 2014-SA-00894-COA Melissa C. Patterson, Stacey Pickering, Individually, David Huggins, Individually, Chris Lott, Individually, Mississippi Department of Audit, Stacey Pickering in his official capacity as State Auditor for the State of Mississippi, Harold E. Pizzetta, III, Mississippi Department of Marine Resources, Joseph A. Runnels, Jr., Sandra R.Chesnut and Jim Hood v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CHH2:13-CV-00032; Ruling Date: 05/27/2014; Ruling Judge: Jennifer Schloegel; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Barnes, Ishee and Wilson, JJ., not participating.

Brandon Smith and Kimberly Wolfe Smith v. Milton Martin and Geneva Martin; Yazoo Chancery Court; LC Case #: 11-0225; Ruling Date: 05/16/2013; Ruling Judge: Janace Goree; Disposition: The motion for rehearing is denied. James, J., not participating.

Xavier Larry a/k/a Xavier Giovannie Larry v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0419 ; Ruling Date: 05/02/2013; Ruling Judge: John Emfinger; Majority Opinion: Greenlee, J. Disposition: The judgment of the Madison County Circuit Court of conviction of burglary of a dwelling and sentence of twenty-five years in the custody of the Mississippi Department of Corrections, with five years suspended and five years of postrelease supervision, is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Tommy Meisner a/k/a Tommy Labrie Meisner a/k/a Tommy L. Meisner v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2014-00010; Ruling Date: 04/21/2014; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied.

Eric Pelletier a/k/a Eric Blake Pelletier v. State of Mississippi; Rankin Circuit Court; LC Case #: 25,390; Ruling Date: 01/27/2014; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes, Carlton and James, JJ., would grant.

Melissa C. Patterson, Stacey Pickering, Individually, David Huggins, Individually, Chris Lott, Individually, Mississippi Department of Audit, Stacey Pickering in his official capacity as State Auditor for the State of Mississippi, Harold E. Pizzetta, III, Mississippi Department of Marine Resources, Joseph A. Runnels, Jr., Sandra R.Chesnut and Jim Hood v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CHH2:13-CV-00032; Ruling Date: 05/27/2014; Ruling Judge: Jennifer Schloegel; Consolidated with 2013-SA-02002-COA Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH213-cv-00032; Ruling Date: 11/04/2013; Ruling Judge: Jennifer Schloegel; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Barnes, Ishee and Wilson, JJ., not participating.

Jermaine Rogers a/k/a Jermaine D. Rogers v. State of Mississippi; Rankin Circuit Court; LC Case #: 2006-249C; Ruling Date: 07/21/2014; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Greenlee, J., not participating.

Jeanette B. Ringo v. Lela Wilson and Tela Wilson Collins; Montgomery Circuit Court; LC Case #: 2012-0048 CVM; Ruling Date: 08/14/2014; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Irving, J., would grant.

Deliah Colyer, as Natural Mother and Next Friend of Marshuan Braxton, Deceased, and on behalf of all Wrongful Death Beneficiaries of Marshuan Braxton, Deceased v. First United Methodist Church of New Albany and John Does 1-15; Union Circuit Court; LC Case #: CV-2011-213-U; Ruling Date: 09/22/2014; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Wilson, J., would grant. Greenlee, J., not participating.

Jessie Freeman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-958CRW; Ruling Date: 10/14/2014; Ruling Judge: Jeff Weill, Sr.; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Cynthia Kuljis v. Winn-Dixie Montgomery, LLC; Harrison Chancery Court 2nd District; LC Case #: 24CH2:14-cv-00459; Ruling Date: 02/06/2015; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is denied. Lee, C.J., Griffis, P.J., and Greenlee, J., would grant.

Wesley Gene Patrick v. Catherine Ann Patrick; DeSoto Chancery Court; LC Case #: 12-CV-970; Ruling Date: 01/22/2015; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing is denied.