Mississippi Court of AppealsHand Down List
December 15, 2015
12/15/2015 - Hand Down and published opinions in WordPerfect/ZIP format
James, Ceola
X 2014-CP-00544-COA
Fred Howard v. The Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 251-13-699; Ruling Date: 12/13/2013; Ruling Judge: William Gowan, Jr.; Majority Opinion: James, J. Disposition: The judgment of the Hinds 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., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion. Barnes, J., Not Participating.
Maxwell, James D.
X 2013-KA-00113-COA
Justin Dominique Holmes a/k/a Justin Domonique Holmes a/k/a Justin Holmes a/k/a Justin D. Holmes v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-00496; Ruling Date: 11/08/2012; Ruling Judge: John Gargiulo; Majority Opinion: Maxwell, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of Count I, manslaughter, and Count II, attempted aggravated assault, and sentence of twenty years for each count, to run concurrently, 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, James and Wilson, JJ., Concur.
Maxwell, James D.
X 2014-CC-01445-COA
Franklin Collection Service, Inc. v. Mississippi Department of Employment Security and Elizabeth Thomas; Lee Circuit Court; LC Case #: CV13-133(R)L; Ruling Date: 09/04/2014; Ruling Judge: James Roberts, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lee County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Barnes, J., Not Participating.
Maxwell, James D.
X 2015-CP-00597-COA
Charles McLaurin, Jr. a/k/a Charles McLaurins, Jr. a/k/a Charles McLaurin a/k/a Charles McLauren v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-10-872/B2401-10-873; Ruling Date: 03/10/2015; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, J. Disposition: This appeal is dismissed for lack of jurisdiction. 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.
Carlton, Virginia Carter
X 2014-KA-00664-COA
James L. Johnson, Jr. a/k/a James Johnson a/k/a James Johnson, Jr. v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR13-006; Ruling Date: 04/04/2014; Ruling Judge: James Pounds; Majority Opinion: Carlton, J. Disposition: The judgment of the Alcorn County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to Alcorn County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair, James and Wilson, JJ., Concur. Maxwell, J., Concurs in Result Only Without Separate Written Opinion.
Carlton, Virginia Carter
X 2014-CA-00853-COA
Michael McDonald and Sharon Crutchfield v. Lemon-Mohler Insurance Agency, LLC; Jackson Circuit Court; LC Case #: 2007-00,237(1); Ruling Date: 04/08/2014; Ruling Judge: Samac Richardson; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson 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, Fair, James and Wilson, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Ishee, J., Not Participating.
Carlton, Virginia Carter
X 2014-CA-00927-COA
Bradley A. McElroy, Sr.; Hunter Blake McElroy, a Minor, by and Through his Father and Next Friend, Bradley A. McElroy, Sr.; Ryals Shirah McElroy, a Minor, by and Through his Father and Next Friend, Bradley A. McElroy, Sr.; and All Beneficiaries of the Estate of Bradley McElroy, Deneace Reel, Zachary Drake Reel, and Jason Dane Reel v. City of Brandon, Mississippi, and Justin C. Maclain; Rankin Circuit Court; LC Case #: 2009-193C; Ruling Date: 06/10/2014; Ruling Judge: William Chapman, III; Majority Opinion: Carlton, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion. Maxwell, J., Not Participating.
Carlton, Virginia Carter
X 2014-CP-01495-COA
Thomas Jack Kennedy a/k/a Thomas Kennedy a/k/a Thomas J. Kennedy v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2014-130GCD; Ruling Date: 09/12/2014; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Circuit Court dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.
Barnes, Donna M.
X 2014-KA-01116-COA
Christopher Orlando Hobson a/k/a Christopher Hobson a/k/a Christopher L. Hobson a/k/a Christopher O. Hobson v. State of Mississippi; Rankin Circuit Court; LC Case #: 25180; Ruling Date: 04/07/2014; Ruling Judge: John Emfinger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of Count I, felony evasion, Count II, misdemeanor resisting arrest as a lesser included offense of simple assault on a police officer, and Counts III and IV, possession of a firearm by a convicted felon, and sentence as a habitual offender of life imprisonment in the custody of the Mississippi Department of Corrections without eligibility for parole or probation for Counts I, III and IV, and six months in the custody of the Rankin County Sheriff's Department for Count II, with all sentences to run concurrently, is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.
Barnes, Donna M.
X 2014-CA-01148-COA
Peggy P. McGrew v. Charles Elliot McGrew, Deceased; Harrison Chancery Court 1st District; LC Case #: 24CH1:11-CV-01698(3); Ruling Date: 11/22/2013; Ruling Judge: Sanford Steckler; Majority Opinion: Barnes, J. Disposition: The judgment of the Harrison County Chancery Court is reversed and rendered without prejudice to the rights of any person affected by the appellee's death. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Part and in the Result.
Barnes, Donna M.
X 2014-KA-01222-COA
Tremayne Whittle a/k/a Tremayne Lemmie Whittle a/k/a Tremayne L. Whittle v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-331; Ruling Date: 08/14/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of sexual battery and sentence of thirty 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., Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.
Irving, Tyree
X 2013-KA-00763-COA
George Affleck a/k/a George M. Affleck a/k/a George Marcus Affleck v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-596; Ruling Date: 04/16/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of capital murder and possession of a firearm by a convicted felon and sentence of two consecutive terms of life in the custody of the Mississippi Department of Corrections without eligibility for parole is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Griffis, P.J., and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion. Lee, C.J., Not Participating.
Irving, Tyree
X 2013-KA-02000-COA
Bryn Ellis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-1-070-02WAG; Ruling Date: 10/04/2013; Ruling Judge: William Gowan, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life 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., Griffis, P.J., Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion.
Irving, Tyree
X 2014-CA-00973-COA
Vicky Debrow, as Administratrix of the Estate of Vollie Debrow, Deceased, Individually, and on Behalf of the Wrongful Death Heirs at law of Vollie Debrow, Deceased v. Stephen Harless, M.D., and Hattiesburg Clinic, P.A.; Lamar Circuit Court; LC Case #: 2012-129M; Ruling Date: 06/20/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lamar County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant.
Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur. Carlton, J., Not Participating.
Irving, Tyree
X 2014-CP-01229-COA
Bobby Thomas a/k/a Bobby Leon Thomas v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2014-89; Ruling Date: 08/01/2014; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Claiborne County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Claiborne County.
Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.
Irving, Tyree
X 2014-KA-01404-COA
Timothy Antonio McCormick a/k/a Timothy A. McCormick a/k/a Timothy McCormick v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-06-401; Ruling Date: 09/10/2014; Ruling Judge: Michael Ward; Majority Opinion: Irving, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of robbery and sentence as a habitual offender of fifteen 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., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.
Irving, Tyree
X 2015-CP-00094-COA
Robert E. Lewis, Jr. a/k/a Robert Earl Lewis, Jr. a/k/a Robert Lewis v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0029-CV1; Ruling Date: 12/22/2014; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Lowndes County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.
EN BANC
2013-CA-01619-COA
Antwine Equality Graves a/k/a Antwoine Equality Graves v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-12-43; Ruling Date: 08/20/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The motion for rehearing is denied.
EN BANC
2014-CP-00434-COA
Eric LaQuinne Brown a/k/a Eric L. Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV00-113-G-PO; Ruling Date: 03/17/2014; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. James, J., would grant. Lee, C.J., not participating.
EN BANC
2014-WC-00935-COA
Franciene Smith a/k/a Francience Smith a/k/a Francine Smith v. Compfirst/L.C. Industries and Legion Insurance Company; LC Case #: 01 11707-H-5113-C; Ruling Date: 06/11/2014; Disposition: The motion for rehearing is denied. Carlton, J., would grant.
EN BANC
XX 2014-CP-01400-COA
Lee Augustus McGriggs, Sr. v. Mac Arthur McGriggs and Lenora McGriggs Wilkes a/k/a Lenora Wilkes; Claiborne Chancery Court; LC Case #: GN 2014-005; Ruling Date: 06/30/2014; Ruling Judge: E. Davis; Majority Opinion: Wilson, J. Disposition: The judgment of the Chancery Court of Claiborne County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Dissenting Opinion: Carlton, J.