02/16/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2014-CA-00250-COA

Willie B.Taylor, as Administratrix of the Estate of LeKenray Taylor, Deceased v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI-2005-18; Ruling Date: 12/10/2013; Ruling Judge: Richard Smith; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Washington County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Greenlee, J., Not Participating.

Timothy A. Hughes v. Mariel Hughes; Jackson Chancery Court; LC Case #: 2007-1032-CB; Ruling Date: 03/12/2014; Ruling Judge: Jaye Bradley; Majority Opinion: Wilson, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair and James, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion. Greenlee, J., Not Participating.

Gregory Wilbanks v. Katherine Hickman; Alcorn Circuit Court; LC Case #: CV12-308GA; Ruling Date: 09/12/2014; Ruling Judge: Thomas Gardner, III; Majority Opinion: Wilson, J. Disposition: The judgment of the Circuit Court of Alcorn County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Barnes and Greenlee, JJ., Not Participating.

Nortrax South, Inc. v. Thornhill Forestry Service, Inc.; Marion Circuit Court; LC Case #: 2008-0478P; Ruling Date: 08/29/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Marion County is reversed and rendered, and the case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and James, JJ., Concur. Wilson, J., Concurs in Result Only. Carlton and Greenlee, JJ., Not Participating.

Joseph Eugene Lamberth v. South Panola School District ; Panola Chancery Court 2nd District; LC Case #: B14-02-0081ML; Ruling Date: 09/22/2014; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Panola 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, Carlton, Fair and Wilson, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Greenlee, J., Not Participating.

Mickey Lee Johnson a/k/a Mickey Johnson v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0128CR; Ruling Date: 05/09/2014; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, C.J. Disposition: The judgment of the Washington County Circuit Court of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections, with five years of supervised probation, is affirmed. All costs of this appeal are assessed to Washington County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Greenlee, J., Not Participating.

Darex Antonio Chester a/k/a Darex Chester a/k/a Darex A. Chester v. State of Mississippi; Pike Circuit Court; LC Case #: 11-082-PKS-PKT; Ruling Date: 04/08/2013; Ruling Judge: Michael Taylor; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Pike County of conviction of Counts I and II, unlawful sale of at least one tenth gram but less than two grams of cocaine; Count III, unlawful sale of less than one hundred dosage units of diazepam; and Count IV, unlawful sale of less than one hundred dosage units of triazolam, and sentenced, as a habitual offender and prior drug offender, of sixty years on Count I and to pay a fine of $5,000; sixty years on Count II and to pay a fine of $5,000; forty years on Count III and to pay a fine of $1,000; and forty years on Count IV and to pay a fine of $1,000, with all counts to run concurrently in the custody of the Mississippi Department of Corrections and without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Pike County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Greenlee, J., Not Participating.

Alton Neal a/k/a Alton Daniel Neal a/k/a Alton D. Neal v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-002(B); Ruling Date: 01/09/2015; Ruling Judge: Robert Bailey; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Lauderdale County denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur. Greenlee, J., Not Participating.

Margaret Byrd v. Kenneth Stubbs, M.D.; Adams Circuit Court; LC Case #: 06-KV-0025-J; Ruling Date: 11/22/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Adams County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant.

Margaret Byrd v. Kenneth Stubbs, M.D.; Adams Circuit Court; LC Case #: 06-KV-0025-J; Ruling Date: 11/22/2013; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Wilson, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. 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., Barnes, Ishee, Carlton and Fair, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion. Greenlee, J., Not Participating.

Stewart Chase Vaughn a/k/a Stewart C. Vaughn a/k/a Stewart Vaughn a/k/a Stuart Chase Vaughn v. State of Mississippi; Rankin Circuit Court; LC Case #: 24975; Ruling Date: 11/04/2013; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Greenlee, J., not participating.

Howard Industries, Inc. v. Vince Hardaway; LC Case #: 09-06933-K-7217; Ruling Date: 04/22/2014; Disposition: The motion for rehearing is denied. Fair and Greenlee, JJ., not participating.

Michael Ducksworth v. State of Mississippi; Forrest Circuit Court; LC Case #: HC13-0001; Ruling Date: 03/26/2013; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is dismissed. 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; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Montgomery County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Carlton, Fair and Wilson, JJ., Concur. James, J., Dissents With Separate Written Opinion, Joined by Irving, P.J. Greenlee, J., Not Participating. Dissenting Opinion: James, J. Votes: Irving, P.J., Joins This Opinion.

Ricky Lee Shies a/k/a Ricky Shies a/k/a Ricky Shields v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0068-CV1 H; Ruling Date: 09/03/2014; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Griffis, P.J., Ishee, Carlton, Fair and James, JJ., Concur. Wilson, J., Concurs in Result Only Without Separate Written Opinion. Barnes, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J. Greenlee, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: Barnes, J. Votes: Lee, C.J., Joins This Opinion.

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.; Disposition: The motion for rehearing is dismissed. Barnes, J., would deny. Greenlee, J., not participating.

Elizabeth Blanchard v. Nathan A. Mize; Monroe Circuit Court; LC Case #: 2013-173-PM; Ruling Date: 10/28/2014; Ruling Judge: James Pounds; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton and Fair, JJ., Concur. James, J., Dissents Without Separate Written Opinion. Wilson and Greenlee, JJ., Not Participating.

Curtis Hawkins v. Daniel Hale; Coahoma Circuit Court; LC Case #: 14-CI-14-0071-ABS; Ruling Date: 01/28/2015; Ruling Judge: Albert Smith, III; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Coahoma County 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 Wilson, JJ., Concur. Greenlee, J., Not Participating.

Chris Sharkey, as Administrator of the Estate of Cedric Sharkey, Deceased v. Frank Barber; Attala Circuit Court; LC Case #: 14-0125-CV-L; Ruling Date: 03/02/2015; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Attala County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Carlton, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Fair and Greenlee, JJ., Not Participating.