Supreme Court of Mississippi Decisions 2014

Opinions 1 - 500 of 570

Richard Dean v. Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan
Date: December 11, 2014
Citation: 2009-CT-01793-SCT
Petition for Writ of Certiorari filed pro se by Richard Dean is denied. To Deny: All Justices. Order entered.

Chism v. Chism Bright
Date: December 11, 2014
Citation: 2011-CT-01472-SCT
Docket Number: 2011-CT-01472-SCT

Justia Opinion Summary: Jimmy Chism Jr. (Jim) challenged the termination of his parental rights to his son, Johnny. After review of the trial court record, the Supreme Court found that Jim’s parental rights were wrongfully terminated, it rever...

Sanderson v. Sanderson
Date: December 11, 2014
Citation: 2012-CA-01153-SCT
Docket Number: 2012-CA-01153-SCT

Justia Opinion Summary: Tanya and Hobson Sanderson divorced after seventeen years of marriage. When Tanya and Hobson married in 1994, Tanya signed a prenuptial agreement the day before their marriage, and upon divorce, the chancellor enforced t...

Leevester Brown v. State of Mississippi
Date: December 11, 2014
Citation: 2012-CA-01581-SCT
Docket Number: 2013-KA-01581-SCT

Carothers v. Mississippi
Date: December 11, 2014
Citation: 2012-CT-00231-SCT
Docket Number: 2012-CT-00231-SCT

Justia Opinion Summary: Anthony Carothers was convicted of two counts of aggravated assault and sentenced to consecutive twenty-year terms in the Mississippi Department of Corrections for each count. On direct appeal to the Court of Appeals, Ca...

In the Interest of a Minor Victoria Denise Waites
Date: December 11, 2014
Citation: 2012-CT-00884-SCT
Docket Number: 2012-CT-00884-SCT

Justia Opinion Summary: This appeal stemmed from Amy Waites Ritchie's petition to modify a custody agreement created by Jeffrey Scott Waites (“Scott”) and herself following their divorce two years earlier. Amy petitioned for modification, seeki...

In the Matter of the Estate of Charles William White
Date: December 11, 2014
Citation: 2012-CT-01083-SCT
Docket Number: 2012-CT--01083-SCT

Justia Opinion Summary: Charles William White (“Bill”) and his son Charles Thomas White (“Tommy”), were partners in a business that owned and operated convenience stores. In 2000, during the course of the partnership, Bill married Anita White....

Timothy Lavon Bell a/k/a Timothy L. Bell v. State of Mississippi
Date: December 11, 2014
Citation: 2012-CT-01144-SCT
Petition for Writ of Certiorari filed by Timothy L. Bell is denied. To Deny: All Justices. Order entered.

Brian Aldridge and Touched by an Angel Ministries, Inc. v. Clarke Aldridge, Administrator of the Estate of Florence A. Aldridge Deceased:
Date: December 11, 2014
Citation: 2012-CT-01301-SCT
Petition for Writ of Certiorari filed by counsel for the petitioners is hereby denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, and Pierce, JJ. To Grant: Coleman, J. Not Participating: King, J. Order entered.

Richard Dean v. Katie C. Slade, L. Guy Jackson, Flora S. Nichols Ragan and Jan Dean
Date: December 11, 2014
Citation: 2012-CT-01548-SCT
Petition for Writ of Certiorari filed pro se by Richard Dean is denied. To Deny: All Justices. Order entered.

In RE: Lien against M/Y Areti and M/Y Lady Linda: Trinity Yachts, LLC
Date: December 11, 2014
Citation: 2012-IA-01667-SCT
Docket Numbers: 2012-IA-01667-SCT, 2013-CA-01155-SCT

Justia Opinion Summary: This appeal arose over a contract dispute between a yacht owner, an independent contractor hired to paint the yachts, and an unpaid paint supplier. The owner challenged a lien the unpaid paint supplier established and en...

Leevester Brown v. State of Mississippi
Date: December 11, 2014
Citation: 2012-KA-01581-SCT
Docket Number: 2012-KA-01581-SCT

Justia Opinion Summary: Defendant LeeVester Brown was arrested and indicted for the capital murder of his son, Le’Anthony Brown. In 2003, mother Shirley Myles left for work, leaving Le'Anthony and defendant home alone. She had just put the baby...

Hentz v. Mississippi
Date: December 11, 2014
Citation: 2013-CA-01217-SCT
Docket Number: 2013-CA-01217-SCT

Justia Opinion Summary: In 2000, a grand jury indicted Rebecca Hentz for one count of conspiracy to manufacture methamphetamine and two counts of attempt to manufacture methamphetamine. Hentz pleaded guilty to one count of attempt to manufactur...

Janet Olier v. Donna Bailey
Date: December 11, 2014
Citation: 2013-CA-01411-SCT

Ruben Whittle v. Tango Transport and Zurich American Insurance Company
Date: December 11, 2014
Citation: 2013-CT-00034-SCT
Petition for Writ of Certiorari filed by Tango Transport and Zurich American Insurance Company is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Lamar, J. Order entered.

Willie Lee Madden Jr. a/k/a Willie L. Madden Jr. v. State of Mississippi
Date: December 11, 2014
Citation: 2013-CT-00159-SCT
Petition for Writ of Certiorari En Banc filed by Willie Lee Madden, Jr. is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

George Huey v. RGIS Inventory Specialists and Fidelity & Guaranty Insurance Company
Date: December 11, 2014
Citation: 2013-CT-00310-SCT
Petition for Writ of Certiorari filed by George Huey is denied. To Deny: All Justices. Order entered.

Lowndes County, Mississippi by and Through its Board of Supervisors v. Hal H.H. McClanahan, III, McClanahan Camp, LLC, Julie Gartman and Dennis Gartman
Date: December 11, 2014
Citation: 2013-CT-00406-SCT
Petition for Writ of Certiorari filed by the petitioners is hereby granted. To Grant: All Justices. Order entered.

Antonio Williams v. State of Mississippi
Date: December 11, 2014
Citation: 2013-CT-00575-SCT
Petition for Writ of Certiorari filed pro se by Antonio Williams is hereby granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, and King, JJ. To Deny: Randolph, P.J., Chandler, Pierce, and Coleman, JJ. Order entered.

Powell v. Municipal Election Comm'n Town of Isola
Date: December 11, 2014
Citation: 2013-EC-00928-SCT
Docket Number: 2013-EC-00928-SCT

Justia Opinion Summary: Democratic candidate Bobbie Miller successfully challenged independent incumbent Dimp Powell for the office of mayor of Isola. Prior to the election, the Municipal Election Commission of Isola approved the placement of M...

Vicksburg Healthcare, LLC v. Dees
Date: December 11, 2014
Citation: 2013-IA-00181-SCT
Docket Number: 2013-IA-00181-SCT

Justia Opinion Summary: In October 2010, Clara Dees filed a medical malpractice suit against Heritage House Nursing Home and its employees and against River Region Medical Center and its employees. River Region was owned by Vicksburg Healthcare...

Williams v. Mississippi
Date: December 11, 2014
Citation: 2013-IA-00402-SCT
Docket Number: 2013-IA-00402-SCT

Justia Opinion Summary: Following the Supreme Court’s reversal and remand of Harvey Williams' murder conviction, the Hinds County District Attorney Robert Smith sought an order of nolle prosequi, which the circuit court granted. Two days later,...

Brantley v. City of Horn Lake
Date: December 4, 2014
Citation: 2012-CA-01555-SCT
Docket Number: 2012-CA-01555-SCT

Justia Opinion Summary: William Brantley filed a personal injury action against the City of Horn Lake seeking to recover monetary damages for injuries he sustained due to the alleged negligence of a member of the City's fire department. In 2010...

Gray Properties, LLC v. Utility Constructors, Inc., and Guest Consultants, Inc.
Date: December 4, 2014
Citation: 2012-CT-01939-SCT
Petition for Writ of Certiorari filed by Utility Constructors, Inc. and Guest Consultants, Inc. is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King, and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Zachary Polk v. State of Mississippi
Date: December 4, 2014
Citation: 2013-CA-00701-SCT
Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and Coleman, JJ., would Grant.

Gutierrez v. Gutierrez
Date: December 4, 2014
Citation: 2013-CA-00779-SCT
Docket Number: 2013-CA-00779-SCT

Justia Opinion Summary: Clayton Gutierrez appealed the Chancery Court's judgment which granted Clayton's wife Trisha lump-sum and periodic alimony incident to the divorce and found Clayton in contempt for failing to make court-ordered support p...

Booneville Collision Repair, Inc. v. City of Booneville
Date: December 4, 2014
Citation: 2013-CA-00968-SCT
Docket Number: 2013-CA-00968-SCT

Justia Opinion Summary: When Booneville Collision Repair (BCR) unknowingly purchased land that had been sold for delinquent municipal taxes, it redeemed the land and sued Prentiss County, the City of Booneville, and the municipal tax collector,...

Pinnacle Trust Company, L.L.C., EFP Advisors, Inc. v. McTaggart
Date: December 4, 2014
Citation: 2013-CA-01920-SCT
Docket Number: 2013-CA-01920-SCT

Justia Opinion Summary: The McTaggarts filed suit against the former trustee and trust advisor of their family trust, alleging improper handling of their trust funds. The former trustee and trust advisor moved to dismiss the case or have the ca...

Bronk v. Hobson
Date: December 4, 2014
Citation: 2013-IA-00950-SCT
Docket Number: 2013-IA-00950-SCT

Justia Opinion Summary: In 1999 the County Court of Lauderdale County determined that Brian Bronk was the natural father of Margaret Hobson's minor child. In that same judgment, the court granted sole custody to Hobson. Soon after the child's b...

The Mississippi Bar v. Eugene T. Holmes
Date: December 4, 2014
Citation: 2014-BD-01221-SCT

Scooter L. Robinson a/k/a Scooter Lynn Robinson a/k/a Scooter Robinson v. State of Mississippi
Date: November 20, 2014
Citation: 2012-CT-00965-SCT
Petition for Writ of Certiorari filed pro se by Scooter L. Robinson is denied. To Deny: All Justices. Order entered.

Palermo v. LifeLink Foundation, Inc. d/b/a LifeLink Tissue Bank
Date: November 20, 2014
Citation: 2012-CT-01228-SCT
Docket Number: 2012-CT-01228-SCT

Justia Opinion Summary: Richard Palermo alleged that he was injured by infected tissue surgically placed into his knee. He sued LifeLink Foundation, Inc., under the Mississippi Products Liability Act (“MPLA”), Mississippi Code Section 11-1-63....

Garretson v. Mississippi Department of Transportation
Date: November 20, 2014
Citation: 2013-CA-01511-SCT
Docket Number: 2013-CA-01511-SCT

Justia Opinion Summary: The Mississippi Transportation Commission (MTC) procured some land from O.R. and Carylon Garretson via eminent domain in order to construct a bypass in Greene County. The Garretsons later filed a complaint against the Mi...

Community Trust Bank of Mississippi, as Successor in Interest to the Madison County Bank v. First National Bank of Clarksdale and Karen K. White
Date: November 20, 2014
Citation: 2013-CA-01840-SCT
Motion for Substitution of Parties filed by Appellee is denied. Order entered.

Estus James Smith a/k/a James Estus Smith a/k/a "Outlaw" a/k/a James Smith v. State of Mississippi
Date: November 20, 2014
Citation: 2013-CT-00233-SCT
Petition for Writ of Certiorari filed by Estus James Smith is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, and King, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Order entered.

Matthew Thomas Rickman a/k/a Matthew Rickman v. State of Mississippi
Date: November 20, 2014
Citation: 2013-CT-00388-SCT
Matthew Thomas Rickman's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

Kevin M. Atkins, Michael Butler, Phillip Crapps, James Kelly, Jr., Dennis Huff and Bobbie Williams v. Old River Supply, Inc.
Date: November 20, 2014
Citation: 2013-CT-01248-SCT
Petition for Writ of Certiorari filed by Kevin M. Atkins, Michael Butler, Phillip Crapps, James Kelly, Jr., Dennis Huff and Bobbie Williams is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J.

The Former Board of Trustees and Members of Mississippi Comp Choice Self-Insurers Fund v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association
Date: November 20, 2014
Citation: 2013-IA-00666-SCT
Docket Number: 2013-IA-00666-SCT

Justia Opinion Summary: An action was initiated by certain former members and the board of Mississippi Comp Choice Self-Insurers Fund. Comp Choice was a workers’ compensation group self-insurer operating under a certificate of authority granted...

Southside, Inc. d/b/a Wines, Etc. v. Mississippi Department of Revenue
Date: November 20, 2014
Citation: 2013-SA-01905-SCT
Docket Number: 2013-SA-01905-SCT

Justia Opinion Summary: In June 2011 the Department of Revenue assessed additional individual, sales, and corporate taxes against taxpayers Southside, Inc. d/b/a Wines, Etc. and Barry and Sarabeth Artz. They appealed a Board of Tax ruling witho...

Flowers v. Mississippi
Date: November 13, 2014
Citation: 2010-DP-01348-SCT
Docket Number: 2010-DP-01348-SCT

Justia Opinion Summary: This was Curtis Flowers's fourth direct appeal stemming from the 1996 murders of four employees of a Winona furniture store. A grand jury indicted Flowers on four separate counts of capital murder, with the underlying fe...

Clement B. Saucier, Jr. v. The Peoples Bank of Biloxi, Mississippi, The Wallace Steve Sekul Family Trust, Elizabeth Sekul, Individually and Thomas J. Sliman, Individually
Date: November 13, 2014
Citation: 2011-CT-01922-SCT
Petition for writ of certiorari filed by the Peoples Bank of Biloxi, Mississippi, and Thomas J. Sliman is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ. Order entered.

Timothy Edward Myers a/k/a Timothy E. Myers a/k/a Timothy Myers v. State of Mississippi
Date: November 13, 2014
Citation: 2012-CT-01973-SCT
Petition for writ of certiorari filed by Timothy Edward Myers is dismissed. M.R.A.P. 17(b) and 40(a). Order entered.

The Mississippi Bar v. Paul E. Winfield
Date: November 13, 2014
Citation: 2013-BD-02079-SCT

In the Interest of J.P. a Minor: R.P. and D.O. v. Mississippi
Date: November 13, 2014
Citation: 2013-CA-00688-SCT
Docket Number: 2013-CA-00688-SCT

Justia Opinion Summary: The Jefferson Davis County Youth Court held J.P. (minor) in a juvenile detention facility for 103 days, then in the Jefferson Davis County Jail for thirty days more when J.P. attained age eighteen. J.P. was never adjudic...

In the Matter of the Estate of Amanda Cleveland, Deceased: Becky Hodges, Administrator v. Heritage Properties, Inc. and U.S. Specialty Insurance Company
Date: November 13, 2014
Citation: 2013-CT-00451-SCT
Petition for writ of certiorari filed by Becky Hodges, Administrator of the Estate of Amanda Cleveland, Deceased, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.

Jones v. Mississippi
Date: November 13, 2014
Citation: 2013-KA-00520-SCT
Docket Number: 2013-KA-00520-SCT

Justia Opinion Summary: Rebecca Jones was convicted for the murder of her mother, for which she received a life sentence. On appeal, she argued the trial court erred in admitting evidence of her prior drug use, that the trial court erred in den...

Moore v. Mississippi
Date: November 13, 2014
Citation: 2013-KA-00787-SCT
Docket Number: 2013-KA-00787-SCT

Justia Opinion Summary: Charles Moore appealed his conviction for felony driving under the influence (DUI), third offense. Moore argued that there was insufficient evidence to support his conviction. Finding no merit to this contention, the Sup...

In Re: Local Rules
Date: November 13, 2014
Citation: 89-R-99015-SCT
The letter motion filed on July 3, 2013, by Circuit Judge Billy J. Landrum is dismissed. All Justices Agree. Order entered. </ul><br><hr>

Minnesota Life Insurance Company v. Columbia Casualty Company
Date: November 6, 2014
Citation: 2012-CA-00107-SCT
Docket Number: 2012-CA-00107-SCT

Justia Opinion Summary: The Circuit Court granted summary judgment in favor of Columbia Casualty Company and Continental Casualty Company, finding there was no wrongdoing in denying coverage to four former insureds (Ex-Agents) and Minnesota Mut...

In the Matter of the Administration of the Estate of Norma Allene Cloud Crowell
Date: November 6, 2014
Citation: 2012-CA-01229-SCT
Docket Number: 2012-CA-01229-SCT

Justia Opinion Summary: This case involves a familial dispute between two sisters. Jackie charged her sister Caron with unduly influencing their mother to obtain a greater share of the family property. Upon review of the facts in record, the Su...

Davenport v. Davenport
Date: November 6, 2014
Citation: 2012-CA-01423-SCT
Docket Number: 2012-CA-01423-SCT

Justia Opinion Summary: Tammy and Dane Davenport were granted an irreconcilable-differences divorce in 2012. Tammy appealed the final judgment of divorce, arguing the trial court erred in dividing the couple's assets, and in excluding certain e...

Forrest County, Forrest County Board of Supervisors and Mary Ann Palmer, in Her Official Capacity as Forrest County Tax Assessor v. Burketts Creek, LLC, Burketts II, LLC, Burketts III, LLC, SE 98/99, LLC, SE 0/1, LLC, and Wisteria Estates, LLC
Date: November 6, 2014
Citation: 2012-CA-01737-SCT
King, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.

Heflin v. Merrill
Date: November 6, 2014
Citation: 2012-CT-00663-SCT
Docket Number: 2012-CT-00663-SCT

Justia Opinion Summary: The plaintiff in this automobile-accident lawsuit sued her underinsured-motorist insurance carrier. Even though the UM carrier admitted liability and agreed to pay any damages awarded at trial that exceeded available lia...

In the Matter of the Estate of Boyce Elmore, Deceased
Date: November 6, 2014
Citation: 2012-CT-01299-SCT
Docket Number: 2012-CT-01299-SCT

Justia Opinion Summary: Boyce Elmore died on November 5, 2000. More than ten years later, Cedric Williams (claiming to be Boyce’s son) filed a paternity action in an effort to recover under Boyce’s estate. After the chancellor held that Cedric’...

Omar Humphrey a/k/a Omar Khayyan Humphrey a/k/a Omar K. Humphrey v. State of Mississippi
Date: November 6, 2014
Citation: 2012-CT-01438-SCT
Petition for writ of certiorari filed by Omar Humphrey is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Lamar, J., not participating. Order entered.

Conley v. Epps
Date: November 6, 2014
Citation: 2012-CT-01914-SCT
Docket Number: 2012-CT-01914-SCT

Justia Opinion Summary: The Circuit Court sentenced Glen Conley to life without parole. Conley sought review of the parole board’s refusal to give him a parole eligibility date. The Supreme Court concluded that the parole board lacked the autho...

Kevin Thompson v. A & Z, Inc. a/k/a A & Z Painting
Date: November 6, 2014
Citation: 2012-CT-01945-SCT
Petition for writ of certiorari filed by Kevin Thompson is denied. To Deny: All Justices. Order entered.

Truddle v. Baptist Memorial Hospital-Desoto, Inc.
Date: November 6, 2014
Citation: 2013-CA-00707-SCT
Docket Number: 2013-CA-00707-SCT

Justia Opinion Summary: Diane Truddle, as mother and wrongful-death beneficiary of Eric Carmichael, sued Baptist Memorial Hospital-Desoto, Inc., and Dr. Sunil Malhotra after Carmichael committed suicide upon being discharged from Baptist. The t...

Rhoda Cofield v. Imperial Palace of Mississippi, LLC
Date: November 6, 2014
Citation: 2013-CT-00037-SCT
Petition for writ of certiorari filed by counsel for Rhoda Cofield is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Order entered.

Yvonne Lovett v. Delta Regional Medical Center and MHA Solutions
Date: November 6, 2014
Citation: 2013-CT-00410-SCT
Petition for writ of certiorari filed by Yvonne Lovett is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Waller, C.J., not participating. Order entered.

Lonnie Massey a/k/a Lonnie Gene Massey a/k/a Kenneth Ball v. State of Mississippi
Date: November 6, 2014
Citation: 2013-CT-00478-SCT
Petition for writ of certiorari filed pro se by Lonnie Massey is denied. To Deny: All Justices. Order entered.

Brent v. Mathis, II
Date: November 6, 2014
Citation: 2013-IA-01074-SCT
Docket Number: 2013-IA-1074-SCT

Justia Opinion Summary: Following his divorce, Vennit Mathis, individually and as next friend of his two minor children, sued Dr. Charles Brent for tortious interference of a marriage contract stemming from the relationship that Brent developed...

David Michael Ashmore and Debra L. Ashmore v. Mississippi Authority on Educational Television d/b/a Mississippi Public Broadcasting (sued as separate entities) and the State of Mississippi
Date: October 30, 2014
Citation: 2012-CA-01297-SCT
Motion for rehearing filed by Appellants is denied. Kitchens, Chandler and King, JJ., would grant.

Smith v. Mississippi
Date: October 30, 2014
Citation: 2012-CT-00159-SCT
Docket Numbers: 2012-CT-00159-SCT, 2012-CT-00926-SCT

Justia Opinion Summary: Donald Smith was indicted for two counts of kidnapping, one count of armed carjacking, and one count of felony evading a police officer. His case was set for trial on November 13, 2008. On that date, Smith orally moved f...

Frank Sanders Tipton v. State of Mississippi
Date: October 30, 2014
Citation: 2013-CA-00415-SCT

Timothy Mosby v. Aurora Cares d/b/a Tara Cares, LLC and Pennsylvania Manufacturers Association Ins. Co.
Date: October 30, 2014
Citation: 2013-CT-01160-SCT
Petition for writ of certiorari filed by Timothy Mosby is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Lyndon C. Myers a/k/a Lyndon Myers a/k/a Lyndon Charles Myers a/k/a Lyndon C. Myers, III v. State of Mississippi
Date: October 30, 2014
Citation: 2013-KA-00610-SCT
Motion for rehearing filed by Appellant is denied. King, J., would grant. Waller, C.J., not participating.

Cage v. Mississippi
Date: October 30, 2014
Citation: 2013-KA-00813-SCT
Docket Number: 2013-KA-00813-SCT

Justia Opinion Summary: Jeremy Cage appealed his conviction for statutory rape, arguing that the trial court erred in excluding certain evidence and in denying his motion for a new trial. Cage also claimed that he was denied effective assistanc...

McDaniel v. Cochran
Date: October 24, 2014
Citation: 2014-EC-01247-SCT
Docket Number: 2014-EC-01247-SCT

Justia Opinion Summary: On June 24, 2014, Thad Cochran, a Republican nominee for United States Senator, won the Republican primary runoff. His opponent, Chris McDaniel, filed an election contest with the State Republican Executive Committee (SR...

Russell Gary O'Brien v. Teri Suzanne O'Brien
Date: October 23, 2014
Citation: 2012-CT-00660-SCT
Petition for writ of certiorari filed by Teri Suzanne O'Brien is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Crowell v. Butts
Date: October 23, 2014
Citation: 2012-CT-00763-SCT
Docket Number: 2012-CT-00763-SCT

Justia Opinion Summary: In this replevin action, a tenant sued his landlord and a towing company, alleging wrongful possession of several vehicles towed from the property he leased from the landlord. The County Court granted the defendants' mot...

In the Matter of the Dissolution of the Marriage of Lecia Elizabeth Spriggs and Kurt Alan Buechler: Lecia Elizabeth Spriggs v. Kurt Alan Buechler
Date: October 23, 2014
Citation: 2012-CT-01180-SCT
Petition for writ of certiorari filed by Lecia Elizabeth Spriggs is denied. To Deny: All Justices. Order entered.

Prestenbach, Jr. v. Collins
Date: October 23, 2014
Citation: 2012-CT-01441-SCT
Docket Number: 2012-CT-01441-SCT

Justia Opinion Summary: In 2011, Gerald Collins granted Garrett Prestenbach a one-year option to purchase about 150 acres of Collins's farm and pasture land for $500,000. Prestenbach agreed to make a $25,000 down payment on the property and fin...

Johnson Trucking Company v. Peterbilt of Mississippi, Inc. a/k/a Peterbilt Truck Center of Jackson, LLC and Caterpillar, Inc.
Date: October 23, 2014
Citation: 2012-CT-01908-SCT
Peterbilt Truck Center of Jackson, LLC's and Caterpillar, Inc.'s petitions for writ of certiorari are denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Grant: Coleman, J. Kitchens, J., not participating. Order entered.

Jerry Williams, as Administrator of the Estate of Phillip C. Hosch v. Mueller Copper Tube Company, Inc. and Mueller Industries, Inc.
Date: October 23, 2014
Citation: 2012-CT-01964-SCT
Petition for writ of certiorari filed by Appellees Mueller Copper Tube Company, Inc., and Mueller Industries, Inc., is denied. To Deny: All Justices. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi
Date: October 23, 2014
Citation: 2012-DP-00208-SCT
Motions for rehearing filed by Appellant are denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.

Scruggs v. Bost
Date: October 23, 2014
Citation: 2013-CA-00374-SCT
Docket Number: 2013-CA-00374-SCT

Justia Opinion Summary: When Monsanto Company sued Mitchell Scruggs and his various agricultural entities for patent infringement in federal court, Scruggs made a demand on his commercial general liability insurer, Farmland Mutual Insurance Com...

Columbus Cheer Company v. City of Columbus
Date: October 23, 2014
Citation: 2013-CA-00518-SCT
Docket Number: 2013-CA-00518-SCT

Justia Opinion Summary: Columbus Cheer Company ("CCC") entered into a rental contract for the use of school facilities. Subsequently, CCC was informed that Columbus Municipal School District ("CMSD") would not honor the contract with CCC. CCC f...

Gray v. Arch Specialty Insurance Company
Date: October 23, 2014
Citation: 2013-CA-01124-SCT
Docket Number: 2013-CA-01124-SCT

Justia Opinion Summary: The Circuit Court granted summary judgment in favor of Arch Specialty Insurance Company, finding that Arch's general liability policy did not provide coverage for the claims asserted by the wrongful death beneficiaries o...

EDW Investments, LLC v. Barnett
Date: October 23, 2014
Citation: 2013-CA-01159-SCT
Docket Number: 2013-CA-01159-SCT

Justia Opinion Summary: EDW Investments, LLC, obtained a judgment against Techtronics, Inc. in 2007. In 2011, EDW sued Michelle Barnett ("Michelle"), the wife of Techtronics' president, Kevin Barnett ("Kevin"); Spectrum Wireless, LLC; MWB Holdi...

David Bursey a/k/a David Jermaine Bursey v. State of Mississippi
Date: October 23, 2014
Citation: 2013-CT-00046-SCT
Petition for writ of certiorari filed by Appellant David Bursey is denied. To Deny: All Justices. Order entered.

Anthony Donnell Williams a/k/a Anthony Williams a/k/a Anthony D. Williams v. State of Mississippi
Date: October 23, 2014
Citation: 2013-CT-00515-SCT
Motion for writ of certiorari filed by Anthony Donnell Williams is dismissed. M.R.A.P. 17(b). Order entered.

Thong Le v. State of Mississippi
Date: October 23, 2014
Citation: 2013-DR-00327-SCT
On the Court's own motion, the State of Mississippi must file a response to Thong Le's Petition for Extraordinary Relief and Motion to Stay. The response is due within 30 days after this order is entered. Le's time to file a supplement to his Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is extended until further order by this Court. Order entered.

Glenn v. Powell
Date: October 23, 2014
Citation: 2013-IA-01112-SCT
Docket Number: 2013-IA-01112-SCT

Justia Opinion Summary: Following the May 7, 2013, Democratic primary for the Ward 5 seat on the Greenwood City Council, the Greenwood Municipal Democratic Executive Committee certified Dorothy Ann Glenn as the winner and thus the Democratic no...

Pearl River Valley Water Supply District v. Bobby L. Baker, Jr., et al.
Date: October 23, 2014
Citation: 2013-IA-01196-SCT
Petition for Interlocutory Appeal filed by Appellant was granted by order of this Court on September 18, 2013. After hearing oral arguments and upon further consideration, the Court finds that there is no need for further review. On the Court's own motion, the Petition for Permission for Interlocutory Appeal is dismissed. All costs are assessed to appellant. To Dismiss: All Justices. Lamar, J., for the Court. Order entered.

Entergy Mississippi, Inc. v. Acey
Date: October 23, 2014
Citation: 2013-IA-01291-SCT
Docket Number: 2013-IA-01291-SCT

Justia Opinion Summary: A.A. was electrocuted while playing on the farmland of David and Sherry Melton. Riley Berry, who worked for the Meltons, had parked a cotton picker under an allegedly sagging power line, which was owned by Entergy Missis...

Lauren Beth Czekala-Chatham v. The State of Mississippi, ex rel. Jim Hood Attorney General of the State of Mississippi
Date: October 23, 2014
Citation: 2014-CA-00008-SCT
Motion to Withdraw and Substitute Motion for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Mississippi in support of Lauren Beth Czekala-Chatham, Appellant, and revised Motion and Brief of American Civil Liberties Union and American Civil Liberties Union of Mississippi for Leave to File Brief as Amici Curiae in support of Lauren Beth Czekala-Chatham, Appellant, are granted. The amici brief filed as an attachment to the Substituted Amici Motion is accepted for filing. The State of Mississippi and Governor Phil Bryant, as Amicus Curiae in support of the State of Mississippi, may file their responses on or before November 14, 2014. To Grant: Waller, C.J., Dickinson, Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Order entered.

Rules for Court Reporters
Date: October 23, 2014
Citation: 89-R-99021-SCT

The Mississippi Bar v. Thomas W. Brock
Date: October 16, 2014
Citation: 2010-BD-01849-SCT
Respondents' Motion to Dismiss Complaints is granted. This Court hereby accepts and adopts the recommendations of the Special Tribunal with respect to this case. Adopting said recommendations, this Court finds that the clear-and-convincing evidence standard required for imposition of disciplinary action against attorneys in Mississippi has not been met in this case. The complaints filed against Thomas W. Brock and William S. Guy by the Mississippi Bar are dismissed. Costs of this action shall be assessed to the Mississippi Bar. Waller, C.J., for the Court. Order entered.

Hampton v. Mississippi
Date: October 16, 2014
Citation: 2011-CT-01641-SCT
Docket Number: 2011-CT-01641-SCT

Justia Opinion Summary: Tommy Hampton Hampton was indicted for the “. . . tak[ing] of . . . $2,190.00 . . . by violence to [the victim’s] person by the exhibition of a deadly weapon . . .” and “having been previously convicted of at least two (...

Foster v. Mississippi
Date: October 16, 2014
Citation: 2011-CT-01796-SCT
Docket Number: 2011-CT-01796-SCT

Justia Opinion Summary: Eric Foster was indicted for “. . . wilfully, unlawfully and feloniously tak[ing] . . . the personal property of the Bank of Franklin, against [the victims’] will by violence to [the victims] or by putting [the victims]...

Cook v. Rankin County
Date: October 16, 2014
Citation: 2012-CT-01553-SCT
Docket Number: 2012-CT-01553-SCT

Justia Opinion Summary: Carl Cook was convicted of misdemeanor driving under the influence (“DUI”), first offense, in the Rankin County Justice Court. Cook appealed to the County Court of Rankin County. At a trial de novo before the county cour...

Karma L. Thompson, and W. Shan Thompson, Jointly, Individually, and as Parents on Behalf of their Minor Children R.C.T., K.C.T., L.R.T., A.L.T. and A.S.T. v. Mississippi Department of Human Services Lamar County
Date: October 16, 2014
Citation: 2013-CP-01030-SCT
Pierce, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Ronald W. McMorris d/b/a Taylorsville Insurance Agency and American Reliable Insurance Company, Inc. v. Joe Tally
Date: October 16, 2014
Citation: 2013-IA-01063-SCT
Joint Motion to Dismiss Appeal in Cause No. 2013-M-1072-SCT is granted with each side to bear its own costs. The cause is remanded to the Smith County Circuit Court, where the parties may petition for a judgment dismissing American Reliable from the underlying action. Pierce, J., not participating. Kitchens, J., for the Court. Order entered.

American Reliable Insurance Company, Inc. v. Joe Tally
Date: October 16, 2014
Citation: 2013-IA-01072-SCT
Joint Motion to Dismiss Appeal in Cause No. 2013-M-1072-SCT is granted with each side to bear its own costs. The cause is remanded to the Smith County Circuit Court, where the parties may petition for a judgment dismissing American Reliable from the underlying action. Pierce, J., not participating. Kitchens, J., for the Court. Order entered.

Joseph Bailey v. Larry Raymer and Daphne Raymer
Date: October 16, 2014
Citation: 2014-IA-00584
Motion to Dismiss Joseph Bailey Without Prejudice or, in the Alternative, to Remand to the Trial Court for Further Proceedings filed by Appellees is granted, and this appeal is dismissed upon entry of this order. This matter is remanded to the Union County Circuit Court, for entry of an order granting Joseph Bailey's Motion to Dismiss for Insufficient Service of Process in cause no. CV-2013-118-U. The stay of trial court proceedings entered by this Court on July 16, 2014, is vacated. Appellees are taxed with all costs of this appeal. Chandler, J., for the Court. Order entered.

Rules for Court Reporters
Date: October 16, 2014
Citation: 89-R-99021-SCT

Borden v. Borden
Date: October 9, 2014
Citation: 2012-CT-01258-SCT
Docket Number: 2012-CT-01258-SCT

Justia Opinion Summary: In a divorce and child-custody dispute between Shannon and Mary Jane Borden, the chancellor awarded custody of their two sons to father-Shannon. The Court of Appeals affirmed the judgment. Finding that the chancellor gav...

Sherrill Culpepper v. State of Mississippi
Date: October 9, 2014
Citation: 2012-CT-01995-SCT
Petition for writ of certiorari filed by Sherrill Culpepper is denied. To Deny: All Justice. Order entered.

Harvill Payne Richardson a/k/a Harvill Richardson a/k/a Harvill Richardson, Sr. a/k/a Harvill P. Richardson v. State of Mississippi
Date: October 9, 2014
Citation: 2012-KA-01158-SCT
Motion to Expedite the Case for Consideration and Motion to Direct Lower Court to Consider House Arrest/Bond filed by Harvill Payne Richardson is dismissed as moot. Order entered.

Hingle v. Mississippi
Date: October 9, 2014
Citation: 2012-KA-01654-SCT
Docket Number: 2012-KA-01654-SCT

Justia Opinion Summary: Danielle Hingle was convicted of sale of morphine, and sentenced to fifteen years in the custody of the Mississippi Department of Corrections. On appeal, Hingle argued that admission of the testimony of a crime laborator...

Polk v. Mississippi
Date: October 9, 2014
Citation: 2013-CA-00701-SCT
Docket Number: 2013-CA-00701-SCT

Justia Opinion Summary: Zachary Polk was indicted on three counts for the sale of methylenedioxymethamphetamine (MDMA), hydrocodone, and alprazolam. Polk entered a plea of guilty as to Count I for the sale of MDMA, and he was sentenced to serve...

Howell v. Mississippi
Date: October 9, 2014
Citation: 2013-CA-01027-SCT
Docket Number: 2013-CA-01027-SCT

Justia Opinion Summary: Marlon Howell was convicted of capital murder and sentenced to death. On direct appeal, the Mississippi Supreme Court affirmed. Howell then sought post-conviction relief (PCR), claiming he was entitled to a new trial. Th...

Favre v. Jourdan River Estates
Date: October 9, 2014
Citation: 2013-CA-01177-SCT
Docket Number: 2013-CA-01177-SCT

Justia Opinion Summary: A property dispute between neighbors came before the Supreme Court in this case. The issue centered on the rights of the various parties as to Nicola Road, a road that allows the various property owners access to Highway...

Gales v. Mississippi
Date: October 9, 2014
Citation: 2013-KA-00435-SCT
Docket Number: 2013-KA-00435-SCT

Justia Opinion Summary: Brandon Q. Gales was convicted of armed robbery and conspiracy to commit armed robbery for the 2011 robbery of a Hyatt Food Mart convenience store. Gales received sentences of life and five years. On appeal, he argued: (...

Barriffe v. Estate of Nelson
Date: October 2, 2014
Citation: 2011-CA-01664-SCT
Docket Number: 2011-CA-01664-SCT

Justia Opinion Summary: This case stemmed from a family dispute. Eugene Barriffe, and his wife, Ernie, gave money to Ernie’s brother, Lawson Nelson, to start a landfill business in Jackson County. The Barriffes testified that Lawson approached...

McBroom v. Jackson County
Date: October 2, 2014
Citation: 2012-CA-01695-SCT
Docket Number: 2012-CA-01695-SCT

Justia Opinion Summary: In 1972, the Board of Supervisors of Jackson County, Mississippi, approved the final plat for Spring Lake Subdivision. At that time, the only vehicular access to the subdivision was Spring Lake Drive East, which crossed...

Eric Jerome Boone a/k/a Eric J. Boone v. State of Mississippi
Date: October 2, 2014
Citation: 2012-CT-01396-SCT
Petition for writ of certiorari filed by Eric Jerome Boone a/k/a Eric J. Boone is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. King, J., Not Participating. Order entered.

Smith v. Express Check Advance of Mississippi, LLC
Date: October 2, 2014
Citation: 2013-CA-00369-SCT
Docket Number: 2013-CA-00369-SCT

Justia Opinion Summary: Lacie Smith worked for Express Check Advance of Mississippi, LLC. A condition in her employment papers was that she agreed to submit “any employment-related dispute” to arbitration. Later, in response to her termination,...

Interstate Realty Management Company, Sunflower Lane Apartments, TC, L.P. and State of Mississippi, ex rel. Attorney General Jim Hood v. Mary Carter, Individually and as Mother and Personal Representative of All Wrongful Death Beneficiaries of Malik Carter, Deceased, and Chanita Carter, a Minor, by and through her Mother and Next Friend, Claudette Carter
Date: October 2, 2014
Citation: 2013-CA-00420-SCT
Joint Motion for Stay of Appeal is granted. The oral argument scheduled for September 24, 2014 shall be cancelled and this matter is stayed for ninety (90) days from the entry of this order, or until December 29, 2014, to allow the parties time to finalize and consummate the compromise resolution of the pending claims. Order entered.

Fishbelt Feeds, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission
Date: October 2, 2014
Citation: 2013-SA-00299-SCT
Motion for rehearing filed by Appellant is denied.

Grace West Jennings v. Thomas S. Shuler, Individually, and McClure & Shuler, a Partnership, Composed of Thomas S. Shuler, James McClure, Jr., and James McClure, III, as Partners of the Partnership
Date: September 25, 2014
Citation: 2012-CT-01122-SCT
Petition for writ of certiorari filed by Grace West Jennings is denied. To Deny: Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Waller, C.J., and Randolph, P.J. Not Participating: Lamar, J. Order entered.

Patrick O'Neal Savontrell Montgomery, a Minor, by and through Patrick Townsend, Father and Next Friend v. Mississippi Baptist Health Systems, Inc.
Date: September 25, 2014
Citation: 2012-CT-01459-SCT
Petition for writ of certiorari filed by Mississippi Baptist Health Systems, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Cheeks v. AutoZone, Inc.
Date: September 25, 2014
Citation: 2013-CA-00401-SCT
Docket Number: 2013-CA-00401-SCT

Justia Opinion Summary: Kenyatta Cheeks was entering an AutoZone store when he was struck by a vehicle driven by Jason Johnson. The jury returned a verdict for Cheeks in the amount of $2.5 million, finding that AutoZone was forty-five percent a...

Ryan Savinell a/k/a Ryan Anthony Savinell v. State of Mississippi
Date: September 25, 2014
Citation: 2013-CT-00578-SCT
Petition for writ of certiorari filed by Ryan Savinell, pro se, is denied. To Deny: All Justices. Order entered.

Charles Ray Crawford v. State of Mississippi
Date: September 25, 2014
Citation: 2013-DR-02147-SCT
Before the Court for consideration are Charles Crawford's Motion to Seal Documents, Supplement to Motion to Seal Documents, Motion to Withdraw Motion to Seal Documents and Substitute Attached Amended Motion to Seal Documents, and Motion to Substitute Exhibit, all filed in support of his Petition for Post-Conviction Relief. Mississippi Rule of Appellate Procedure 48A(c), provides that documents filed physically under seal with this Court shall remain sealed unless this Court enters an order to the contrary. Pursuant to MRAP 48A(c), Crawford filed documents with this Court under seal. The Court finds that these documents are medical records concerning Crawford's mental condition. Because Crawford has placed his mental condition in issue, he no longer enjoys a medical privilege as to these documents pursuant to MRE 503(f). The Court therefore orders that the documents on file under seal in this case shall be unsealed. All Justices Agree. Order entered.

Erik Wayne Hollie v. State of Mississippi
Date: September 25, 2014
Citation: 2014-DP-00006-SCT
Motion for Competency Determination filed by the Office of the State Public Defender, Capital Defense Counsel Division, on behalf of Erik Wayne Hollie is denied. Motion for Leave to File Supporting Exhibits Non-Electronically filed by the Office of the State Public Defender, Capital Defense Counsel Division, on behalf of Eric Wayne Hollie is denied. As Hollie has placed his medical condition in issue, the documents on file under seal in this case are hereby unsealed. To Deny: All Justices. Order entered.

Christopher Spell v. State of Mississippi
Date: September 25, 2014
Citation: 2014-M-00427
Motion to Show Cause for a Continuance for Additional Time to File Appeal Within the Court filed pro se by Petitioner is granted. The notice of appeal is deemed to have been filed. The appeal shall proceed in accordance with M.R.A.P. 10 and 11. Chandler and Coleman, JJ., would deny. Order entered.

Diamondhead Resort, LLC v. Margaret Magers
Date: September 25, 2014
Citation: 2014-M-00872-SCT
Petition for Interlocutory Appeal filed by Diamondhead Resort, LLC, is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Order entered.

In Re: The Rules of Civil Procedure
Date: September 25, 2014
Citation: 89-R-99001-SCT

In Re: Advisory Committee on Rules
Date: September 25, 2014
Citation: 89-R-99016-SCT
On the Court's own motion, the Court's Finance Director shall, as soon as practicable, transfer $20,000 from the Judicial System Operation Fund (Treasury Fund No. 33066) created under section 9-21-45 of the Mississippi Code to "The Mississippi Supreme Court Advisory Committee on Rules." The check shall be sent to the Committee's Treasurer, Colette Oldmixon, at Post Office Box 393, Poplarville, Mississippi 39470. All Justices Agree. Order entered.</ul><br><hr>

Roger Lee Gillett v. State of Mississippi
Date: September 18, 2014
Citation: 2010-DR-01072-SCT
Motion for rehearing filed by the State of Mississippi is denied. Randolph, P.J., Chandler and Pierce, JJ., would grant.

Jones v. Imperial Palace of Mississippi, LLC
Date: September 18, 2014
Citation: 2012-CT-00536-SCT
Docket Number: 2012-CT-00536-SCT

Justia Opinion Summary: While walking through the Imperial Palace Casino’s parking garage in the space between the garage wall and the front of the parking spaces Joseph Jones was injured when he tripped over a concrete parking bumper and fell...

Shumake v. Shumake
Date: September 18, 2014
Citation: 2012-CT-00718-SCT
Docket Number: 2012-CT-00718-SCT

Justia Opinion Summary: Leslie Shumake, Jr. and Katarina Shumake were granted a divorce in 2009. In the judgment, the chancellor ordered Leslie to pay Katarina $5,750 per month in periodic alimony. Shortly thereafter, Katarina filed a complaint...

Willie Kinzie v. Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Donald Smith, Nikki Daggins, Ray Faja and Staffmark Investment, LLC
Date: September 18, 2014
Citation: 2012-CT-01176-SCT
Petition for writ of certiorari filed by Appellees Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Ray Faja, and Staffmark Investment, LLC, is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Pierce and Coleman, JJ. To Deny: Lamar, Kitchens, Chandler and King, JJ. Order entered.

John Edward Corser a/k/a John E. Corser a/k/a John E. Corser, Sr. a/k/a John Edward Corser, Sr. a/k/a John Corser v. State of Mississippi
Date: September 18, 2014
Citation: 2012-CT-01453-SCT
Petition for writ of certiorari filed by John Edward Corser is denied. To Deny: All Justices. Order entered.

Debra Ludwig a/k/a Debra Ann Ludwig a/k/a Debbie Ann Lumpkin v. State of Mississippi
Date: September 18, 2014
Citation: 2012-CT-01552-SCT
Petition for writ of certiorari filed by Debra Ludwig is denied. To Deny: All Justices. Order entered.

Ford v. Mississippi
Date: September 18, 2014
Citation: 2012-KA-01318-SCT
Docket Number: 2012-KA-01318-SCT

Justia Opinion Summary: After a jury trial, Stevenson Ford was convicted of murder, and he was sentenced him to life without the possibility of parole. Ford appealed, arguing he was entitled to a mistrial after an officer testified to hearsay t...

Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association
Date: September 18, 2014
Citation: 2013-CA-00043-SCT
Motion for Summary Reversal and Remand or in the Alternative to Supplement the Record is dismissed as moot. Order entered.

Frank Gideon Whitaker, IV a/k/a Frank Gideon Whitaker a/k/a Frank Whitaker v. State of Mississippi
Date: September 18, 2014
Citation: 2013-KA-00184-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.

McCoy v. Mississippi
Date: September 18, 2014
Citation: 2013-KA-00390-SCT
Docket Number: 2013-KA-00390-SCT

Justia Opinion Summary: James McCoy appealed his convictions and sentences for two counts of armed robbery. McCoy's appellate counsel argues that McCoy's sentences are excessive and the result of vindictiveness, that McCoy was denied a fair tri...

Justin James a/k/a "Hurricane" a/k/a Justin Curtis Martell James and Detrius Roberson a/k/a "Lil D" v. State of Mississippi
Date: September 11, 2014
Citation: 2011-CT-00210-SCT
Petition for writ of certiorari filed by Justin James is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Melvin Tyrone Thornton a/k/a Melvin Thornton v. State of Mississippi
Date: September 11, 2014
Citation: 2011-CT-01413-SCT
Petition for writ of certiorari filed by Melvin Tyrone Thornton is dismissed. M.R.A.P. 17(b). Motion to recall mandate and file petition for writ of certiorari out-of-time filed by Melvin Tyrone Thornton is denied. Order entered.

Fulton v. Mississippi
Date: September 11, 2014
Citation: 2011-CT-01819-SCT
Docket Number: 2011-CT-01819-SCT

Justia Opinion Summary: Dexter Fulton was convicted for receiving stolen property. The Court of Appeals affirmed Fulton’s conviction and sentence on direct appeal. The Supreme Court granted Fulton’s petition for writ of certiorari to determine...

Narjess Ghane, Individually and on Behalf of the Wrongful Death Beneficiaries of Shapoor Alexander ("Alex") Ghane, Jr. v. Mid-South Institute of Self Defense Shooting, Inc., a Tennessee Corporation; JFS, LLC, a Mississippi Limited Liability Company; John Fred Shaw; Donald Ross Sanders, Jr. and Jim Cowan
Date: September 11, 2014
Citation: 2012-CA-00125-SCT
Motion to Stay Mandate filed by Appellees is granted. The mandate of this Court is recalled upon entry of this order, and is stayed until final disposition of this matter by the United States Supreme Court. Order entered.

Joseph Ronald Hartfield a/k/a Ronald "Drew" Hartfield v. State of Mississippi
Date: September 11, 2014
Citation: 2012-CT-01232-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Randolph, P.J., Lamar, Kitchen, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., and Dickinson, P.J. Order entered.

In the Matter of Gwendolyn M. Reeves, Individually and as Wrongful Death Beneficiary of Robert B. Reeves, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Robert B. Reeves, Deceased: Mississippi Valley Silica Company, Inc. v. Gwendolyn M. Reeves
Date: September 11, 2014
Citation: 2013-CA-01140-SCT
On the Court's own motion, this matter is dismissed as moot upon entry of this Order, with each party to bear its own costs. Randolph, P.J., not participating. King, J., for the Court. Order entered.

Joseph L. Johnson a/k/a Joseph Johnson v. State of Mississippi
Date: September 11, 2014
Citation: 2013-CT-00470-SCT
The Notice of Appeal in the nature of a petition for writ of certiorari filed by Joseph L. Johnson is dismissed. M.R.A.P. 17(b). Order entered.

Tellus Operating Group, LLC v. Maxwell Energy, Inc.
Date: September 4, 2014
Citation: 2012-CT-00357-SCT
Maxwell Energy, Inc.'s petition for writ of certiorari is granted. Tellus Operating Group, LLC's motion to dismiss appellee's petition for writ of certiorari is denied. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Dismiss: Pierce and Coleman, JJ. Waller, C.J., Not Participating. Order entered.

Mize v. Westbrook Construction Company of Oxford, LLC
Date: September 4, 2014
Citation: 2012-CT-00610-SCT
Docket Number: 2012-CT-00610-SCT

Justia Opinion Summary: This case stemmed from a property-line dispute between neighboring landowners in Lafayette County. Jerry Mize filed suit to confirm title to property described in a recorded corrected warranty deed. Defendants Westbrook...

Matthew Gibbs a/k/a Matthew Gibbes v. State of Mississippi
Date: September 4, 2014
Citation: 2012-CT-01009-SCT
Petition for writ of certiorari filed pro se by Matthew Gibbs is dismissed as untimely. M.R.A.P. 17(b). Order entered.

In the Matter of the Estate of Charles William White, Deceased: Anita White, Individually and as Executor of the Estate of Charles William White v. Charles Thomas White
Date: September 4, 2014
Citation: 2012-CT-01083-SCT
Anita White's petition for writ of certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Lamar, J., Not Participating. Order entered.

Eric B. Gore a/k/a Eric Bradley Gore v. State of Mississippi
Date: September 4, 2014
Citation: 2012-CT-01171-SCT
Petition for writ of certiorari filed by Eric B. Gore a/k/a Eric Bradley Gore is denied. To Deny: All Justices. Order entered.

Carey Jason Witten v. State of Mississippi, Ex Rel., Mississippi Department of Public Safety and Criminal Information Center, Sex Offenders Registry
Date: September 4, 2014
Citation: 2013-CA-01018-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Community Trust Bank of Mississippi v. First National Bank of Clarksdale
Date: September 4, 2014
Citation: 2013-CA-01840-SCT
Docket Number: 2013-CA-01840-SCT

Justia Opinion Summary: First National Bank of Clarksdale (FNB) secured a loan of more than $800,000 with a deed of trust on real property in Oxford with the understanding that the bank would become the primary lien holder on the realty. FNB ac...

Myers v. Mississippi
Date: September 4, 2014
Citation: 2013-KA-00610-SCT
Docket Number: 2013-KA-00610-SCT

Justia Opinion Summary: Lyndon Myers was charged and convicted on multiple counts of armed robbery stemming from the 2012 robbery of a Madison Dollar Tree store. Myers raised five alleged errors from trial on appeal of his conviction. The Supre...

Shinn v. Mississippi
Date: September 4, 2014
Citation: 2013-KA-01156-SCT
Docket Number: 2013-KA-01156-SCT

Justia Opinion Summary: Daryl Shinn was convicted of armed robbery for the 2011 robbery of Tiya's Market in Columbus. He was sentenced to twenty years in prison. He appealed, arguing that his conviction was contrary to the overwhelming weight o...

Tianyi Chu Marney v. Shawn Marney
Date: September 4, 2014
Citation: 2014-IA-00824-SCT
The Petition for Interlocutory Appeal and Stay of Trial Court Proceeding filed by Tianyi Chu Marney is granted. This matter is remanded to the DeSoto County Chancery Court to allow Tianyi Chu Marney to present specific information to the DeSoto County Chancery Court so that it may determine whether any documents or materials should be produced in discovery, what if any privilege exists and what, if any exceptions apply. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The costs of this appeal are taxed equally to the parties. Waller C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., would grant and render. Dickinson, P.J., and Kitchens, J., would grant only. King, J., for the Court. Order entered.

In the Matter of the Estate of Louis St. Martin, Deceased: James R. Forbes v. Edley Hixson and St. Martin, Mahoney & Associates, Professional Law Corporation
Date: August 28, 2014
Citation: 2010-CT-00380-SCT
Motion for rehearing filed by James R. Forbes is denied. King, J., would deny and modify opinion. Dickinson, P.J., Coleman and Chandler, JJ., would grant. Randolph, P.J., and Pierce, J., not participating.

Caplin Enterprises, Inc. and Check Cashers & More, Inc. d/b/a Zippy Check Advance v. Denise Arrington, Johnny Arrington, Margie Blackledge, Brenda Bonner, Juanita Davis, Kenneth Davis, Ker'Rita Evans, Larry Evans, Goldie Goodwin, Pansafae Gordon, Ray Charles Gray, Mamie Henry, Carolyn Hinton, Curtis Hinton, Tammy Howard, Kathy Jones, Viola Nash, Lanny Skinner, Kathleen Sterling and James Watts
Date: August 28, 2014
Citation: 2011-CT-01332-SCT
Motion for rehearing filed by Caplin Enterprises, Inc., et al., is denied. Dickinson, P.J., and Coleman, J., would grant.

Caplin Enterprises, Inc. and Check Cashers & More, Inc. d/b/a Zippy Check Advance v. Jerald Ainsworth, Mary Battle, Wilma Carstarfhnur, Kimberly Gaines, Fred Jones, Shonda Love, Archie Moore, Tomecca Pickett, Tammy Pitts, Doris Turner, Boronica Williamson and Shirley Wilson
Date: August 28, 2014
Citation: 2011-CT-01932-SCT
Motion for rehearing filed by Caplin Enterprises, Inc., et al., is denied. Dickinson, P.J., and Coleman, J., would grant.

Parker v. Benoist
Date: August 28, 2014
Citation: 2012-CA-02010-SCT
Docket Number: 2012-CA-02010-SCT

Justia Opinion Summary: Bronwyn Benoist Parker and William Benoist were siblings who litigated the will of their father, Billy Dean "B.D." Benoist. In 2010, B.D. executed a will which granted significantly more property to William and consequen...

Cooper v. Mississippi
Date: August 28, 2014
Citation: 2012-CT-00460-SCT
Docket Number: 2012-CT-00460-SCT

Justia Opinion Summary: Based on a citizen’s complaint that "young men . . . young black men . . . are standing out on the sidewalks, corners, selling drugs" on a street corner in Greenville, police proceeded to that area, where they spotted Ta...

Hayne v. The Doctors Company
Date: August 28, 2014
Citation: 2013-CA-00252-SCT
Docket Number: 2013-CA-00252-SCT

Justia Opinion Summary: Dr. Steven Hayne appealed the trial court’s grant of summary judgment in favor of his former medical malpractice insurer, The Doctors Company and The Doctors Company Insurance Services (collectively, “The Doctors”). The...

Hampton v. Blackmon
Date: August 28, 2014
Citation: 2013-CA-00315-SCT
Docket Number: 2013-CA-00315-SCT

Justia Opinion Summary: Plaintiffs Charles Blackmon and Dexter Booth sued Malaco, Inc.; N.J. Pockets, Inc.; and Callop Hampton (owner of Hamp’s Place Night Club) on a premises-liability claim. Plaintiffs settled with Malaco. At trial, the jury...

Michael Rogowski a/k/a Michael John Rogowski a/k/a Michael J. Rogowski v. State of Mississippi
Date: August 28, 2014
Citation: 2013-CT-00222-SCT
Petition for writ of certiorari filed by Michael Rogowski is denied. To Deny: All Justices. Order entered.

Derrick Stokes a/k/a Derrick Lee Stokes v. State of Mississippi
Date: August 28, 2014
Citation: 2013-CT-00887-SCT
Petition for writ of certiorari filed pro se by Derrick Stokes is denied. To Deny: All Justices. Order entered.

Pascagoula School District v. Board of Supervisors of Jackson County, Mississippi
Date: August 28, 2014
Citation: 2014-M-00444-SCT
The Combined Petition and Brief for Interlocutory Appeal by Permission and Petition for Stay of Proceedings Pending Appeal filed by Pascagoula School District is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Waller, C.J., and Pierce, J. Order entered.

Carpenter v. Kenneth Thompson Builder, Inc.
Date: August 21, 2014
Citation: 2011-CT-01028-SCT
Docket Numbers: 2011-CT-01028-SCT, 2011-CT-01033-SCT

Justia Opinion Summary: The Supreme Court granted review of this personal-injury negligence action to clarify state law on the doctrine of claim-splitting. After new defendants were identified during discovery on her original complaint, Plainti...

In Re: The Conservatorship of Victoria Denise Newsome: Marilyn Newsome
Date: August 21, 2014
Citation: 2012-CA-02006-SCT
On the Court's own motion, in the case before us, the record does not contain a petition for permission to appeal an interlocutory order pursuant to Mississippi Rule of Appellate Procedure 5. Further, the record lacks a Mississippi Rule of Civil Procedure 54(b) certification, which certifies that the interlocutory order was a final judgment. Therefore, the judgments from which this consolidated appeal was taken are not final, appealable judgments. Accordingly, this consolidated appeal is dismissed. The costs of this appeal are assessed to the Appellant. Randolph, P.J., not participating. Pierce, J., for the Court. Order entered.

In the Matter of the Estate of Dane Richard Eubanks, Deceased: Kathy May Huber, as Parent and Legal Guardian for and on behalf of David Randall Eubanks, Jr. v. Cecilia Eubanks, Individually and as Administratrix of the Estate of Dane Richard Eubanks, Deceased
Date: August 21, 2014
Citation: 2012-CT-00030-SCT
Petition for writ of certiorari filed by the Estate of Dane Richard Eubanks is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and King, JJ. To Deny: Kitchens and Coleman, JJ. Not Participating: Pierce, J. Order entered.

Strait v. McPhail
Date: August 21, 2014
Citation: 2012-CT-00075-SCT
Docket Number: 2012-CT-00075-SCT

Justia Opinion Summary: In 1987, Joseph Bagley purchased a cancer and dread-disease policy through his friend and insurance agent, Jackie McPhail. The policy was issued by American Heritage Life Insurance Company. McPhail worked as an independe...

Joe H. Cotton a/k/a Joe Cotton a/k/a Joe Henry Cotton v. State of Mississippi
Date: August 21, 2014
Citation: 2012-CT-00705-SCT
Motion for rehearing filed by Joe H. Cotton is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

In the Interest of a Minor, V.D.W.: J.S.W. v. A.W.R. and T.J.S.
Date: August 21, 2014
Citation: 2012-CT-00884-SCT
Petition for writ of certiorari filed by A.W.R. and T.J.S. is granted. To Grant: All Justices. Order entered.

City of Natchez, Mississippi v. Andre De La Barre
Date: August 21, 2014
Citation: 2012-CT-00984-SCT
Petition for writ of certiorari filed by Andre De La Barre is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Jerica Evans v. State of Mississippi
Date: August 21, 2014
Citation: 2012-CT-01067-SCT
Petition for writ of certiorari filed by Jerica Evans is denied. To Deny: All Justices. Order entered.

Richard (Rickey) Palermo and Shelia Palermo v. LifeLink Foundation, Inc. d/b/a LifeLink Tissue Bank
Date: August 21, 2014
Citation: 2012-CT-01228-SCT
Petition for writ of certiorari filed by Richard (Rickey) Palermo and Shelia Palermo is granted. To Grant: Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar and Pierce, JJ. Order entered.

Robert W. Deyarmett a/k/a Robert Wayne Deyarmett a/k/a Robert Deyarmett a/k/a Robert Deymarett v. State of Mississippi
Date: August 21, 2014
Citation: 2012-CT-01802-SCT
Petition for writ of certiorari filed pro se by Robert W. Deyarmett is denied. To Deny: All Justices. Order entered.

Newberry v. Mississippi
Date: August 21, 2014
Citation: 2012-KA-01910-SCT
Docket Number: 2012-KA-01910-SCT

Justia Opinion Summary: In 2011, defendant was pulled over for suspicion of driving under the influence (DUI) after an officer observed him weaving between lanes. He resisted arrest and subsequently was indicted on two counts of assaulting a la...

Perkins v. Mississippi Department of Human Services
Date: August 21, 2014
Citation: 2013-CA-00736-SCT
Docket Number: 2013-CA-00736-SCT

Justia Opinion Summary: Charlotte Perkins appealed a Circuit Court’s decision to dismiss her appeal claiming the Mississippi Department of Human Services (DHS) wrongly deprived her of receiving food stamps and that such deprivation was the resu...

Ruben Orlando Benitez a/k/a Ruben O. Benitez v. State of Mississippi
Date: August 21, 2014
Citation: 2013-CT-00469-SCT
Ruben Orlando Benitez's pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

Anthony Donnell Williams a/k/a Anthony Williams a/k/a Anthony D. Williams v. State of Mississippi
Date: August 21, 2014
Citation: 2013-CT-00515-SCT
Motion for writ of certiorari filed by Anthony Donnell Williams is dismissed. M.R.A.P. 17(b). To Dismiss: Dickinson, P.J., Lamar, Kitchens, Pierce and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Chandler and King, JJ. Order entered.

Druscilla Thomas a/k/a Druscilla Morey v. State of Mississippi
Date: August 14, 2014
Citation: 2011-CT-01904-SCT
Petition for writ of certiorari filed by Druscilla Thomas a/k/a Druscilla Morey is denied. To Deny: All Justices. Order entered.

Ashmore v. Mississippi Authority on Educational Television
Date: August 14, 2014
Citation: 2012-CA-01297-SCT
Docket Number: 2012-CA-01297

Justia Opinion Summary: David Ashmore and his wife Debra sued for injuries they alleged resulted from a motor-vehicle accident with a vehicle driven by an employee of the Mississippi Authority on Educational Television. David sought damages for...

Richard Chapman v. State of Mississippi
Date: August 14, 2014
Citation: 2012-CP-00027-SCT
Richard Chapman's pro se petition for writ of certiorari is dismissed as untimely. M.R.A.P. 17(b). Order entered.

Tommie Lee Jones a/k/a Ninnoe v. State of Mississippi
Date: August 14, 2014
Citation: 2012-CT-00374-SCT

Eva Anderson v. BarClays Capital Real Estate, Inc. d/b/a HomeQ Servicing Corporation and Ocwen Loan Servicing
Date: August 14, 2014
Citation: 2012-CT-00736-SCT
Petition for writ of certiorari filed by Eva Anderson is denied. To Deny: All Justices. Order entered.

Mary Jane Borden v. Edward Shannon Borden
Date: August 14, 2014
Citation: 2012-CT-01258-SCT
Petition for writ of certiorari filed by Mary Jane Borden is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Chandler, JJ. Order entered.

Arthur H. Noble, Individually and Noble Real Estate, Inc. v. Wellington Associates, Inc., William D. Horne, and The Ohio Casualty Insurance Company
Date: August 14, 2014
Citation: 2012-CT-01269-SCT
Petition for writ of certiorari filed by Arthur H. Noble, Individually and Noble Real Estate, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.

Garrett J. Prestenbach, Jr. and Irene E. Prestenbach v. J. Gerald Collins
Date: August 14, 2014
Citation: 2012-CT-01441-SCT
Petition for writ of certiorari filed by Garrett J. Prestenbach, Jr., and Irene E. Prestenbach is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.

Broome v. General Motors, LLC
Date: August 14, 2014
Citation: 2013-CA-01580-SCT
Docket Number: 2013-CA-01580-SCT

Justia Opinion Summary: Paul and Terri Broome purchased a 2010 Chevrolet Equinox from a Chevrolet dealership in April 2010. The vehicle came with a three-year or 36,000 mile warranty. According to the Broomes, the vehicle had various defects wh...

State of Mississippi v. Hattie Hawkins a/k/a Hattie M. Hawkins
Date: August 14, 2014
Citation: 2013-KA-00797-SCT
Docket Number: 2013-KA-00797-SCT

Justia Opinion Summary: Hattie Hawkins was a nursing assistant at Heritage House Nursing Center. Deserie Edwards, a resident at Heritage House, suffered injuries while under Hawkins’s care. An investigation revealed that Hawkins had lifted Edwa...

Armster Lacking a/k/a Armster O. Lacking v. State of Mississippi
Date: August 14, 2014
Citation: 2013-M-01444

Michael Ducksworth v. State of Mississippi
Date: August 14, 2014
Citation: 2014-TS-00921-COA
On the Court's own motion, the rules are suspended to allow Michael Duckworth's "Late Notice of Appeal" to proceed. M.R.A.P. 2(c). Disagree: Randolph, P.J., and Coleman, J. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese & Goss, PLLC and Medresolve, PLLC v. Don A. Mitchell
Date: August 7, 2014
Citation: 2012-CA-01045-SCT
Appellee's Motion to Strike Appellants' Motion for rehearing is denied. Order entered.

Willie Hampton v. State of Mississippi
Date: August 7, 2014
Citation: 2012-CP-01767-SCT
Pierce, J. Disposition: Per Curiam Affirmance. Tunica County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ., Concur. Lamar, J., not participating.

Arthur Wilde v. Mississippi Parole Board
Date: August 7, 2014
Citation: 2012-CT-00359-SCT
Petition for writ of certiorari filed by Arthur Wilde, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

John Beasley a/k/a John Harrison Beasley v. State of Mississippi
Date: August 7, 2014
Citation: 2012-CT-00644-SCT
Petition for writ of certiorari filed by counsel for John Beasley was granted by order of this Court May 29, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Pierce, J., for the Court. Order entered.

Willie Crowell v. Anne Butts d/b/a Magnolia Wrecker & Towing Service and Fani Atkinson
Date: August 7, 2014
Citation: 2012-CT-00763-SCT
Petition for writ of certiorari filed by Fani Atkinson is granted. To Grant: All Justices. Order entered.

Downey v. Mississippi
Date: August 7, 2014
Citation: 2012-CT-00815-SCT
Docket Number: 2012-CT-00815-SCT

Justia Opinion Summary: Nancy Downey was convicted by a jury of burglary of a dwelling and first-degree and was given two concurrent twelve-year sentences. Following the denial of Downey’s motion for judgment notwithstanding the verdict or for...

Henry Stout v. Tracey Stout
Date: August 7, 2014
Citation: 2012-CT-01349-SCT
Petition for writ of certiorari of Appellant, Henry Wallace Stout is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Waller, C.J. Order entered.

Kenneth Flowers a/k/a Kenneth L. Flowers a/k/a Kenneth Lee Flowers v. State of Mississippi
Date: August 7, 2014
Citation: 2012-CT-01405-SCT
Petition for writ of certiorari filed by Kenneth Flowers is denied. To Deny: All Justices. Order entered.

Tarvarcus Miller a/k/a Tarvarcus D. Miller v. State of Mississippi
Date: August 7, 2014
Citation: 2012-CT-01630-SCT
Petition for writ of certiorari filed by Tarvarcus D. Miller, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Willow Bend Estates, LLC and Woodyard Gardens, LLC v. Humphreys County Board of Supervisors and Margaret Parks, Tax Assessor for Humphreys County, Mississippi
Date: August 7, 2014
Citation: 2012-IA-00575-SCT
Motion for rehearing filed by Appellees is denied. Opinion modified at paragraph 15.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier & Associates, PLLC, Sweet & Freese, PLLC, Dennis C. Sweet, III, P.A. d/b/a Sweet & Associates and Freese & Goss, PLLC v. McHugh Fuller Law Group, PLLC
Date: August 7, 2014
Citation: 2013-CA-00361-SCT
Appellee's Motion to Strike Appellants' Motion for rehearing is denied. Order entered.

Pearson's Fireworks, Inc. v. City of Hattiesburg
Date: August 7, 2014
Citation: 2013-CA-00834-SCT
Docket Number: 2013-CA-00834-SCT

Justia Opinion Summary: This case arose from the City of Hattiesburg’s annexation of property in 2007. Pearson’s Fireworks leased land which was part of the annexed property for the purpose of selling fireworks during the Fourth of July and New...

Mississippi Department of Revenue v. Mississippi Power Company
Date: August 7, 2014
Citation: 2013-CA-01234-SCT
Docket Number: 2013-CA-01234-SCT

Justia Opinion Summary: The Mississippi Department of Revenue (MDOR) audited Mississippi Power Company and assessed use taxes attributed to Mississippi Power’s purchase and installation of low-NOx burners. After unsuccessfully pursuing administ...

Charles Ray Crawford v. State of Mississippi
Date: August 7, 2014
Citation: 2013-DR-02147-SCT
The State will file a response to Crawford's Motion to Seal Documents, Supplement to Motion to Seal Documents, Motion to Withdraw Motion to Seal Documents and Substitute Attached Amended Motion to Seal Documents, and Motion to Substitute Exhibit within fourteen days. Order entered.

Fishbelt Feeds, Inc. v. Mississippi Department of Revenue
Date: August 7, 2014
Citation: 2013-SA-00299-SCT
Docket Number: 2013-SA-00299-SCT

Justia Opinion Summary: In a case of first impression, the issue this case presented to the Mississippi Supreme Court was whether money a corporation received as prepayment for future services was subject to franchise taxation during the year i...

Daniel F. Barber, Jr. a/k/a Daniel F. Barber a/k/a Daniel Barber a/k/a Daniel Barber, Jr. v. State of Mississippi
Date: July 31, 2014
Citation: 2011-CT-00903-SCT
Petition for writ of certiorari filed by Daniel Barber, Jr., pro se, is denied. To Deny: All Justices. Order entered.

Eric Moffett v. State of Mississippi
Date: July 31, 2014
Citation: 2011-DR-00028-SCT
Motion for rehearing filed by Eric Moffett is denied.

The Mississippi Bar v. Joe Donald Pegram
Date: July 31, 2014
Citation: 2012-BA-01711-SCT

Anthony Carothers a/k/a Anthony Carrothers a/k/a Anthony Carruthers a/k/a AMP v. State of Mississippi
Date: July 31, 2014
Citation: 2012-CT-00231-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Dickinson, P.J., Chandler, King and Coleman, JJ. Order entered.

Jabariakias Cunningham a/k/a Jabariakias Kentez Cunningham a/k/a Jabariakias K. Cunningham a/k/a Jaboriakias "Knunch" Cunningham v. State of Mississippi
Date: July 31, 2014
Citation: 2012-CT-00418-SCT
Petition for writ of certiorari filed by Jabariakias Cunningham is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Donna Lee (Mayes) Proctor v. Douglas Roger Proctor
Date: July 31, 2014
Citation: 2012-CT-00760-SCT
Petition for writ of certiorari filed by Donna Lee (Mayes) Proctor is denied. To Deny: All Justices. Order entered.

Harrison County Utility Authority v. Helen Peterson Walker, Owner; and James E. Walker, Jr., as Attorney-in-Fact
Date: July 31, 2014
Citation: 2012-CT-00769-SCT
Petition for writ of certiorari filed by Helen Peterson Walker, Owner, and James E. Walker, Jr., as Attorney-in-Fact is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Grant: Randolph, P.J., Pierce and Coleman, JJ. Order entered.

Thomas Nathan Pickett a/k/a Nathan a/k/a Thomas N. Pickett a/k/a Thomas Pickett v. State of Mississippi
Date: July 31, 2014
Citation: 2012-CT-00939-SCT
Petition for writ of certiorari filed by Thomas Nathan Pickett a/k/a Nathan a/k/a Thomas N. Pickett a/k/a Thomas Pickett is denied. To Deny: All Justices. Order entered.

In the Interest of S.M.K.S., a Minor v. Youth Court of Union County, Mississippi
Date: July 31, 2014
Citation: 2012-CT-01237-SCT
Petition for writ of certiorari to the Mississippi Supreme Court filed on behalf of the Appellant, S.M.K.S., is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Eddie Joseph Brown a/k/a Eddie Joseph Brown, Jr. a/k/a Eddie J. Brown, Jr. v. State of Mississippi
Date: July 31, 2014
Citation: 2012-CT-01256-SCT
Eddie Joseph Brown's pro se petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Craig D. Sallie a/k/a Craig D. Sallie, Sr. a/k/a Craig Sallie v. State of Mississippi
Date: July 31, 2014
Citation: 2012-CT-01280-SCT
Petition for writ of certiorari filed by Craig D. Sallie is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J. Order entered.

In the Matter of the Estate of Boyce Elmore, Deceased: Kathleen Elmore Jamison, Administrator v. Cedric Williams
Date: July 31, 2014
Citation: 2012-CT-01299-SCT
Motion for writ of certiorari filed by Cedric Williams is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. To Deny: Waller, C.J., Chandler and King, JJ. Order entered.

Mathews v. City of Madison
Date: July 31, 2014
Citation: 2012-CT-01528-SCT
Docket Number: 2012-CT-01528-SCT

Justia Opinion Summary: Mark Matthews was convicted of simple assault and disorderly conduct in Madison County Municipal Court. The decision was affirmed on appeal by the County Court of Madison County and the Madison County Circuit Court. The...

BB Buggies, Inc. v. Leon
Date: July 31, 2014
Citation: 2012-IA-01876-SCT
Docket Number: 2012-IA-01876-SCT

Justia Opinion Summary: In June 2011, fourteen-year-old Jean-ah Leon was seriously injured while operating a Bad Boy Buggy ( an off-road vehicle used for outdoor recreation). A year later, Jean-ah’s parents, Vincent and Mandi Leon, filed a prod...

Woodruff v. Thames
Date: July 31, 2014
Citation: 2013-CA-00815-SCT
Docket Number: 2013-CA-00815-SCT

Justia Opinion Summary: Sam Woodruff owned land in Rankin County. He agreed to sell a part of that land to Rita Thames, his first cousin’s daughter, who was also a neighbor. Woodruff claimed that he agreed to sell Thames one acre from a tract o...

Election Commission of the Town of Edwards v. Wallace
Date: July 31, 2014
Citation: 2013-EC-01327-SCT
Docket Number: 2013-EC-01327-SCT

Justia Opinion Summary: Marcus Wallace sought to run as an independent candidate in the June 4, 2013, mayoral election in Edwards, Mississippi. The Edwards Municipal Election Commission declined to place his name on the ballot, questioning the...

Mississippi Commission on Judicial Performance v. Darby
Date: July 31, 2014
Citation: 2013-JP-01400-SCT
Docket Number: 2013-JP-01400-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a complaint charging Tate County Youth Court Referee, Drug Court Judge, and Family Master Leigh Ann Darby with judicial misconduct in office and conduct prejudicia...

In Re: Chris McDaniel
Date: July 31, 2014
Citation: 2014-M-00967

Terun Moore v. State of Mississippi
Date: July 24, 2014
Citation: 2008-M-01878-SCT
Petition for Post-Conviction Relief filed pro se by Terun Moore is granted. Terun Moore's sentence is vacated and the case is remanded for a new sentencing hearing to be conducted consistent with this Court's opinion in Parker. Order entered.

Vanwey v. Mississippi
Date: July 24, 2014
Citation: 2012-CT-00668-SCT
Docket Number: 2012-CT-00668-SCT

Justia Opinion Summary: Alisha Vanwey pled guilty in 2007 to three counts of selling hydrocodone, and the trial court sentenced her as a habitual offender to eleven years on each count, to run concurrently, in the custody of the Mississippi Dep...

Sheldon Nathan a/k/a Sheldon Orange v. State of Mississippi
Date: July 24, 2014
Citation: 2012-CT-00767-SCT
Petition for writ of certiorari filed pro se by the Appellant was granted by order of the Court on January 22, 2014. Upon further consideration, this Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed. Dickinson, P.J., Kitchens and King, JJ., Not to Dismiss. Pierce, J., for the Court. Order entered.

Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association
Date: July 24, 2014
Citation: 2013-CA-00043-SCT
On the Court's own motion, before the en banc Court is Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association, No. 2013-CA-00043-SCT. Also before the Court is Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton, No. 2012-UR-01108-SCT, and Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission, No. 2013-UR-00477-SCT. The Court finds that these matters should be decided and ruled upon simultaneously. Accordingly, Case No. 2013-CA-00043-SCT, shall correspond with the hand down period for Case No. 2012-UR-01108-SCT and Case No. 2013-UR-00477-SCT. Order entered.

Yeatman v. Mississippi
Date: July 24, 2014
Citation: 2013-CP-00457-SCT
Docket Number: 2013-CP-00457-SCT

Justia Opinion Summary: Jeffrey Yeatman pled guilty to one count of simple assault on a law-enforcement officer and two counts of third-offense driving under the influence. Each of the three counts had a separate cause number. The Circuit Court...

Roderick Shields a/k/a Roderick L. Shields v. State of Mississippi
Date: July 24, 2014
Citation: 2013-CT-00378-SCT
Petition for writ of certiorari filed by Roderick L. Shields is dismissed. M.R.A.P. 17(b). Order entered.

In Re: Chris McDaniel
Date: July 24, 2014
Citation: 2014-M-00967

In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of Gulfport, Harrison, County, Mississippi: City of Gulfport, Mississippi v. City of Biloxi, Mississippi and Harrison County, Mississippi
Date: July 17, 2014
Citation: 2011-AN-01039-SCT
Joint Motion for Rule 42 Dismissal is granted. This civil action is dismissed with prejudice, including the following claims: 1.) The appeal taken by the Plaintiff/Appellant, City of Gulfport, Mississippi 2.) The cross-appeal taken by the Defendant/Appellee, City of Biloxi, Mississippi and 3.) The cross-appeal taken by the Defendant/Appellee, the Board of Supervisors of Harrison County, Mississippi. The parties will bear their respective costs, including attorneys' fees. Dickinson, P.J., for the Court. Order entered.

Ravenstein v. Ravenstein (Hawkins)
Date: July 17, 2014
Citation: 2012-CA-01085-SCT
Docket Number: 2012-CA-01085-SCT

Justia Opinion Summary: John Ravenstein appealed a 2012 Chancery Court judgment appointing his ex-wife Elisha Ravenstein Hawkins as conservator for the couple’s adult son Ryan. John also appealed the court’s denial of his motions for relief fro...

Mississippi Valley Silica Company, Inc. v. Gwendolyn M. Reeves, Individually and as Wrongful Death Beneficiary of Robert B. Reeves, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Robert B. Reeves, Deceased
Date: July 17, 2014
Citation: 2012-CA-01702-SCT
Motion for rehearing filed by Appellees is denied. Waller, C.J., and Randolph, P.J., not participating.

Kinney v. Catholic Diocese of Biloxi, Inc.
Date: July 17, 2014
Citation: 2012-CA-01782-SCT
Docket Number: 2012-CA-01782-SCT

Justia Opinion Summary: Plaintiffs Frank Schmidt Sr. and other former parishioners of the St. Paul Catholic Church in Pass Christian appealed the second dismissal with prejudice of their claims against the Catholic Diocese of Biloxi, Inc., Most...

Clarence Jones a/k/a Clarence Tyrone Jones a/k/a Clarence T. Jones v. State of Mississippi
Date: July 17, 2014
Citation: 2012-CT-00421-SCT
Petition for writ of certiorari filed by Clarence Jones a/k/a Clarence Tyrone Jones a/k/a Clarence T. Jones is denied. To Deny: All Justices. Order entered.

Kimberlye Estes Brown v. Hickman Scott Brown
Date: July 17, 2014
Citation: 2012-CT-00672-SCT
Petition for writ of certiorari filed by Kimberlye Estes Brown is denied. To Deny: All Justices. Order entered.

Dolly E. Gray v. Framme Law Firm of MS, P.C.; and Framme Law Firm, P.C.
Date: July 17, 2014
Citation: 2012-CT-01429-SCT
Petition for writ of certiorari filed by Dolly E. Gray is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J. Order entered.

Antonio Cannon v. State of Mississippi
Date: July 17, 2014
Citation: 2012-CT-01551-SCT
Petition for writ of certiorari filed by counsel on behalf of Antonio Cannon is dismissed. M.R.A.P. 17(b). To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. To Deny: Randolph, P.J. Order entered.

Damion Deandre Stokes a/k/a Damion D. Stokes a/k/a Damion Stokes v. State of Mississippi
Date: July 17, 2014
Citation: 2012-CT-01683-SCT
Petition for writ of certiorari filed by Damion Deandre Stokes is denied. To Deny: All Justices. Order entered.

In the Matter of Inclusion into the City of Oxford
Date: July 17, 2014
Citation: 2013-AN-00433-SCT
Docket Number: 2013-AN-00433-SCT

Justia Opinion Summary: Petitioners Catherine Babb, Beth King, and Robert King filed a Petition for Inclusion of certain real property into Oxford, Mississippi, pursuant to Mississippi Code Sections 21-1-45 to 47. The property was scheduled to...

Meadowbrook Health and Rehab, LLC v. Queen City Nursing Center, Inc., Community Living Centers, LLC d/b/a Meridian Community Living Center and Beverly Enterprises-Mississippi, Inc. d/b/a Golden Living Center-Meridian
Date: July 17, 2014
Citation: 2013-CA-00171-SCT
Four of the justices of this Court are of the opinion that the judgment of the Hinds County Chancery Court, First Judicial District should be affirmed, and four are of the opinion that it should be reversed. Accordingly as the judgment of the Hinds County Chancery Court, First Judicial District has not been decided to be erroneous by a majority of the justices sitting in this case, we affirm, without opinion, the judgment of the Chancellor. We do not, by affirming without opinion in this particular case, establish a precedent that all cases in this procedural position will be affirmed without opinion. Appellant is taxed with costs of appeal. Agree: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Disagree: Kitchens and King, JJ. Not Participating. Waller, C.J. Chandler, J., for the Court. Order entered.

Vicksburg Healthcare, LLC d/b/a River Region Health System v. Clara Dees
Date: July 17, 2014
Citation: 2013-IA-00181-SCT
Attorney Michael E. Winfield shall appear before this Court on Thursday, July 24, 2014, at 10:00 a.m. and show cause, if any he can, why he should not be held in contempt for failing to pay timely to the Clerk of this Court the sanctions imposed in the May 2 order. Winfield shall file a response to Vicksburg Healthcare's Motion to Hold Appellee in Contempt and Second Motion to Hold Appellee in Contempt on or before July 14, 2014. Counsel for Vicksburg Healthcare shall appear at the show-cause hearing on Thursday, July 24, 2014, at 10:00 a.m. and present Vicksburg Healthcare's Motion to Hold Appellee in Contempt and Second Motion to Hold Appellee in Contempt. Winfield is hereby given notice that a finding of contempt could result in one or more of the following: (1) having the Appellee's Brief struck (2) entry of a judgment in favor of Vicksburg Healthcare (3) an order that he pay the entire $2,586 in attorney's fees incurred by Vicksburg Healthcare (4) suspension or disbarment or (5) incarceration until Winfield purges himself of contempt. A copy of this order shall be forwarded to Winfield's client, Clara Dees, at the mailing address provided by Winfield to the Clerk of this Court. Order entered.

Lewis Entertainment, Inc. v. Brady
Date: July 17, 2014
Citation: 2013-IA-00851-SCT
Docket Number: 2013-IA-00851-SCT

Justia Opinion Summary: Carl Brady fell and injured himself while roller skating at Extreme Skate Zone in 2009. Extreme Skate Zone was a nonentity owned by Lewis Entertainment, Inc. at the time of Carl’s fall. As a result of the fall, the Brady...

Whitaker v. Mississippi
Date: July 17, 2014
Citation: 2013-KA-00184-SCT
Docket Number: 2013-KA-00184-SCT

Justia Opinion Summary: Frank Gideon Whitaker IV and Cynthia Ann Grantham were involved in a car accident. The Circuit Court found Whitaker guilty of aggravated driving under the influence pursuant to Mississippi Code Section 63-11-30(5), sente...

Myers v. Mississippi
Date: July 17, 2014
Citation: 2013-KA-00226-SCT
Docket Number: 2013-KA-00226-SCT

Justia Opinion Summary: Edward Myers appealed his conviction for the armed robbery of Gabriel Lewis. Upon review of the trial court record, the Mississippi Supreme Court found that the trial court abused its discretion in excluding the testimon...

Gregory Stalling Hopkins a/k/a Gregory S. Hopkins a/k/a Gregory Hopkins a/k/a Greg Hopkins v. State of Mississippi
Date: July 17, 2014
Citation: 2013-KA-00301-SCT
Motion for rehearing filed by Appellant is denied.

David T. Huntington v. Margaret F. Huntington
Date: July 17, 2014
Citation: 2013-M-02037-SCT
Petition for Permission to File Interlocutory Appeal is granted. The Notice of Appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed in accordance with M.R.A.P. 10 and 11. To Deny: Dickinson, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.

David T. Huntington v. William T. Huntington, A Minor, By and Through His Mother and Next Friend, Cindy P. Huntington, and William T. Huntington, Individually
Date: July 17, 2014
Citation: 2013-M-02038-SCT
Petition for Permission to File Interlocutory Appeal is granted. The Notice of Appeal is deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed in accordance with M.R.A.P. 10 and 11. To Deny: Dickinson, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.

J. Allen Derivaux, Jr. v. The Mississippi Bar
Date: July 17, 2014
Citation: 2014-BR-00247-SCT

In Re: Commission on Mandatory Continuing Legal Education
Date: July 17, 2014
Citation: 89-R-99011-SCT

Thomas Earl Ellis a/k/a Thomas Ellis a/k/a Thomas E. Ellis a/k/a Thomas Ellis McCoy v. State of Mississippi
Date: June 26, 2014
Citation: 2011-CT-01070-SCT
Petition for writ of certiorari filed by counsel for Thomas Earl Ellis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company
Date: June 26, 2014
Citation: 2011-CT-01552-SCT
Motion for rehearing filed by Appellees is denied.

Herbert Lee, Jr. v. Gloria Thompson and Deborah Dixon
Date: June 26, 2014
Citation: 2012-CA-01260-SCT
Motion to Strike Exhibits is granted and the exhibits are hereby struck from Lee's Motion for Rehearing. Order entered.

Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe v. State of Mississippi
Date: June 26, 2014
Citation: 2012-CT-00652-SCT
Petition for writ of certiorari filed by Randal Scott Blythe was granted by order of this Court on April 14, 2014. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed without prejudice. Kitchens and King, JJ., disagree. Coleman, J., for the Court. Order entered.

Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala W. Ravenstein, her Natural Mother, Adult next friend, and Guardian ad Litem v. Community Trust Bank f/k/a Madison County Bank and Madison County Financial Corporation
Date: June 26, 2014
Citation: 2012-CT-00659-SCT
Petition for writ of certiorari filed by counsel for the Appellant was granted by order of the Court on February 6, 2014. Upon further consideration, the Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed. Disagree: Kitchens and King, JJ. Dickinson, P.J., for the Court. Order entered.

Leslie B. Shumake, Jr. v. Katarina Sitton Shumake
Date: June 26, 2014
Citation: 2012-CT-00718-SCT
Petition for writ of certiorari filed by Katarina Sitton Shumake is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.

Carothers v. Mississippi
Date: June 26, 2014
Citation: 2012-DP-00208-SCT
Docket Number: 2012-DP-00208-SCT

Justia Opinion Summary: Caleb Corrothers was convicted of two counts of capital murder, with the underlying felony of robbery, for the murders of Frank Clark and Taylor Clark. He was convicted on a third count of aggravated assault for the shoo...

Richardson v. Mississippi
Date: June 26, 2014
Citation: 2012-KA-01158-SCT
Docket Number: 2012-KA-01158-SCT

Justia Opinion Summary: Because Rudy Quilon was homeless following his release from prison, defendant Harvill Richardson permitted Quilon to move into his home while he got back on his feet. Over the next five months, Quilon "became increasingl...

Hampton v. Blackmon
Date: June 26, 2014
Citation: 2013-CA-00315-SCT
Docket Number: 2013-CA-00315-SCT

Justia Opinion Summary: Charles Blackmon and Dexter Booth sued Malaco, Inc.; N.J. Pockets, Inc.; and Callop Hampton (owner of Hamp’s Place Night Club) on a premises-liability claim. Plaintiffs settled with Malaco. At trial, the jury returned a...

Witten v. Mississippi
Date: June 26, 2014
Citation: 2013-CA-01018-SCT
Docket Number: 2013-CA-01018-SCT

Justia Opinion Summary: Carey Witten was convicted in Sacramento County, California, of oral copulation and rape of a person “. . . unconscious of the nature of the act . . .” in violation of the California Penal Code. Witten was granted five y...

Tracy D. Lott and Jennifer Avara-Lott v. Pritchett Construction Company
Date: June 26, 2014
Citation: 2013-CT-00328-SCT
Petition for writ of certiorari filed by counsel for Tracy D. Lott and Jennifer Avara-Lott is denied. To Deny: All Justices. Order entered.

Loyacono v. Travelers Insurance Company
Date: June 19, 2014
Citation: 2011-CT-00271-SCT
Docket Number: 2011-CT-00271-SCT

Justia Opinion Summary: While driving one day in 2005, Kathryn Loyacono observed Watacha Shelby backing her car toward Loyacono on the same road. Loyacono brought her vehicle to a stop, but Shelby backed into the front of her vehicle. Following...

Cotton v. Mississippi
Date: June 19, 2014
Citation: 2012-CT-00705-SCT
Docket Number: 2012-CT-00705-SCT

Justia Opinion Summary: Defendant Joe Cotton was convicted of murder for the shooting death of Fannie Lee Burks. He appealed his conviction, challenging the sufficiency and the weight of the evidence. Finding no error, the Mississippi Supreme C...

Carl Richard Cook a/k/a Carl R. Cook a/k/a Carl Cook v. Rankin County, Mississippi
Date: June 19, 2014
Citation: 2012-CT-01553-SCT
Petition for writ of certiorari filed by Carl Richard Cook is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Clay Point, LLC, Clay Point Property, LLC and O. Lee Simms, II v. MVB Holding, LLC
Date: June 19, 2014
Citation: 2013-IA-02077-SCT
Petition for Permission to Appeal filed by Petitioners is granted. Motion for Expedited Proceedings filed by Petitioners is granted. Supplement to Petition for Permission to Appeal filed by Petitioners is granted. This matter is remanded to the Harrison County Chancery Court, Second Judicial District, for entry of an order granting Petitioners' Motion to Transfer to Circuit Court in cause no. 24CH2:13-cv-00443. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent is taxed with all costs of this appeal. Waller, C.J., would deny. King, J., for the Court. Order entered.

Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation, Marathon Oil Company, Successor to TXO Production Company
Date: June 12, 2014
Citation: 2010-CA-00598-SCT
Motion for rehearing filed by Mississippi State Oil and Gas Board is denied. Dickinson, P.J., and Chandler, J., would grant.

Terry Hye, Jr. v. State of Mississippi
Date: June 12, 2014
Citation: 2010-CT-01780-SCT
On the Court's own motion, the parties are required to file, simultaneously, their supplemental briefs addressing the question stated above, which shall not exceed twenty five (25) pages, within thirty (30) days of the entry of this order. Professor Phillip Broadhead and the Criminal Appeals Clinic of the University of Mississippi is invited to file a brief as a friend of the Court addressing the question raised within the time frame set for the parties. Order entered.

Gillett v. Mississippi
Date: June 12, 2014
Citation: 2010-DR-01072-SCT
Docket Number: 2010-DR-01072-SCT

Justia Opinion Summary: Roger Gillett was convicted of two counts of capital murder for which he was sentenced to death. Gillett petitioned for post-conviction relief, raising six issues for the Supreme Court's review: (1) the underlying capita...

Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company
Date: June 12, 2014
Citation: 2012-CA-01070-SCT
Motion for rehearing filed by Mississippi State Oil and Gas Board is denied. Dickinson, P.J., and Chandler, J., would grant.

Nell Cornelius v. Dr. Donald W. Benefield, Individually and as Shareholder of Benefield Eyecare, PC
Date: June 12, 2014
Citation: 2012-CT-00021-SCT
Petition for writ of certiorari filed by Nell Cornelius is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.

Michael Strait and Betty Strait v. Jackie McPhail and American Heritage Life Insurance Company
Date: June 12, 2014
Citation: 2012-CT-00075-SCT
Petition for writ of certiorari filed by Jackie McPhail is granted. Petition for writ of certiorari filed by American Heritage Life Insurance Company is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ. Order entered.

Leon Hayes a/k/a Leon Hays a/k/a Leon Slander Hayes, Jason Davis and April Garner v. State of Mississippi
Date: June 12, 2014
Citation: 2012-CT-00311-SCT
Petition for writ of certiorari filed by April Garner is denied. To Deny: All Justices. Order entered.

James Cody Perry a/k/a James C. Perry a/k/a Cody Perry v. State of Mississippi
Date: June 12, 2014
Citation: 2012-CT-00516-SCT
Petition for writ of certiorari filed by James Cody Perry is denied. To Deny: All Justices. Order entered.

Andrew Conwill v. State of Mississippi
Date: June 12, 2014
Citation: 2012-CT-01008-SCT
Petition for writ of certiorari filed by Andrew Conwill is denied. To Deny: All Justices. Order entered.

Darby Lee Carson v. Jesse Andrew Butler
Date: June 12, 2014
Citation: 2012-CT-01647-SCT
Petition for writ of certiorari filed by Darby Lee Carson is denied. To Deny: All Justices. Order entered.

Glen Conley v. Christopher Epps
Date: June 12, 2014
Citation: 2012-CT-01914-SCT
Petition for writ of certiorari filed by Glen Conley is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Milford Ivey a/k/a Charles Milford Ivey v. State of Mississippi
Date: June 12, 2014
Citation: 2012-CT-01972-SCT
Motion for writ of certiorari filed pro se by Milford Ivey is dismissed. M.R.A.P. 17(b). Order entered.

Michelle Byrom v. State of Mississippi
Date: June 12, 2014
Citation: 2014-DR-00230-SCT
The State of Mississippi's Motion to Have the Court Write a Reasoned Opinion Stating the Reasons for the Reversal of This Conviction for Capital Murder and Sentence of Death is denied. Order entered.

In Re: The Rules of Civil Procedure
Date: June 12, 2014
Citation: 89-R-99001-SCT

Michael Crawford v. Morris Transportation, Inc., Alex Jordan, Individually and as Agent Driver of Morris Transportation, Inc., and Custom Sign Company a/k/a Custom Sign Company of Batesville, Inc. f/k/a Custom Sign Company of Grenada, Inc.
Date: June 5, 2014
Citation: 2006-CA-00185-SCT
Motion for rehearing filed by Custom Sign Company is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant.

Michael Crawford v. Morris Transportation, Inc., Alex Jordan, Individually and as Agent Driver of Morris Transportation, Inc., and Custom Sign Company a/k/a Custom Sign Company of Batesville, Inc. f/k/a Custom Sign Company of Grenada, Inc.
Date: June 5, 2014
Citation: 2007-CA-00322-SCT
Motion for rehearing filed by Custom Sign Company is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant.

Jason Lee Keller v. State of Mississippi
Date: June 5, 2014
Citation: 2010-DP-00425-SCT
Motion for rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.

Michael Crawford v. Custom Sign Company a/k/a Custom Sign Company of Batesville, Inc. f/k/a Custom Sign Company of Grenada, Inc.
Date: June 5, 2014
Citation: 2011-CA-00120-SCT
Motion for rehearing filed by Custom Sign Company is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant.

City of Jackson v. Lewis
Date: June 5, 2014
Citation: 2011-CT-00787-SCT
Docket Number: 2011-CT-00787-SCT

Justia Opinion Summary: After observing LaMarcus Butler turn off the lights of his vehicle and make a u-turn in an apparent effort to avoid a police roadblock, police pursued Butler, at varying speeds, until a superior officer instructed him by...

Machon Lyons v. Direct General Insurance Company of Mississippi
Date: June 5, 2014
Citation: 2011-CT-00896-SCT
Motion for rehearing or clarification filed by Direct General Insurance Company of Mississippi is denied. Randolph, P.J., and Coleman, J., would grant. Waller, C.J., not participating.

Union Carbide Corporation v. Nix
Date: June 5, 2014
Citation: 2012-CA-01380-SCT
Docket Number: 2012-CA-01380-SCT

Justia Opinion Summary: After receiving a diagnosis of mesothelioma, Russell Nix filed suit against Union Carbide based on his exposure to its asbestos products. A jury returned a verdict for Nix on his inadequate warning claim, awarded Nix $25...

David Lee Rice a/k/a David L. Rice a/k/a David Rice v. State of Mississippi
Date: June 5, 2014
Citation: 2012-CP-01919-SCT
Motion for rehearing filed pro se by David Lee Rice is denied.

Braddock Law Firm, PLLC v. Daniel E. Becnel Jr.
Date: June 5, 2014
Citation: 2012-CT-00345-SCT
Petition for writ of certiorari filed by Braddock Law Firm, PLLC is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

Pryer v. Mississippi
Date: June 5, 2014
Citation: 2012-CT-00427-SCT
Docket Number: 2012-CT-00427-SCT

Justia Opinion Summary: Timothy Pryer sought from the circuit court: “the Order givin[g] Carol Gates the Office of Judge de facto or pro tempore and the order givin[g] Carol Gates authority to appoint indigent counsel for December 2, 2004 [hear...

Lonnie Smith v. Tippah Electric Power Association and Electric Power Associations of Mississippi Workers' Compensation Group, Inc.
Date: June 5, 2014
Citation: 2012-CT-00502-SCT
Motion for rehearing filed by Appellees is denied. Randolph, P.J., Pierce and Coleman, JJ., would grant.

Rubin Weeks a/k/a Rubin R. Weeks a/k/a Rubin Rurie Weeks v. State of Mississippi
Date: June 5, 2014
Citation: 2012-CT-00574-SCT
Petition for writ of certiorari filed pro se by Rubin Weeks is denied. To Deny: All Justices. Order entered.

John Beasley a/k/a John Harrison Beasley v. State of Mississippi
Date: June 5, 2014
Citation: 2012-CT-00644-SCT
Petition for writ of certiorari filed by John Beasley is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ. Order entered.

Darius Cornelius Ford a/k/a Darius Ford a/k/a Darius C. Ford a/k/a Cornelius Ford a/k/a Popcorn v. State of Mississippi
Date: June 5, 2014
Citation: 2012-CT-00843-SCT
Petition for writ of certiorari filed by Darius Cornelius Ford and Motion to Exceed Page Limitation for Petition for Writ of Certiorari are denied. To Deny: All Justices. Order entered.

Carl E. Sanders v. Gary Sanders
Date: June 5, 2014
Citation: 2012-CT-02035-SCT
Petition for writ of certiorari filed pro se by Carl E. Sanders is dismissed. This matter is remanded to the Court of Appeals for consideration of Sanders's pending motions. Order entered.

Michelle Byrom v. State of Mississippi
Date: June 5, 2014
Citation: 2014-DR-00230-SCT
Motion to Withdraw Prior Filing and Substitute with Attached Motion is granted. The State's Motion to Have the Court Write a Reasoned Opinion Stating the Reasons for the Reversal of This Conviction for Capital Murder and Sentence of Death as filed on April 1, 2014 is withdrawn. The State's Motion to Withdraw Prior Filing and Substitute with Attached Motion as filed on April 2, 2014, as exhibit is substituted as the State's motion which is pending before the Court. Order entered.

Scott M. Tanner v. State of Mississippi
Date: June 5, 2014
Citation: 2014-M-00591
Motion for Recusal filed by Scott Tanner is denied. To Deny: All Justices. Order entered.

Brett Anthony Shaw a/k/a Bret Shaw a/k/a Brett Shaw a/k/a Brett A. Shaw v. State of Mississippi
Date: May 29, 2014
Citation: 2011-CT-01536-SCT
Petition for writ of certiorari filed by the Appellant was granted by order of this Court on April 3, 2014. After due consideration of the briefs before the Court of Appeals, the Court of Appeals opinion, the petition for certiorari, supplemental briefs, a thorough reading of the entire record, and oral arguments, the Court now finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Waller, C.J., for the Court. Order entered.

Quizzie Manning v. King's Daughters Medical Center, A Mississippi Non-Profit Corporation
Date: May 29, 2014
Citation: 2012-CA-01457-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Sam Webster Wallace a/k/a Sam Wallace a/k/a Samuel W. Walace a/k/a Samuel W. Wallace a/k/a Sam West Wallace a/k/a Sam W. Wallace v. State of Mississippi
Date: May 29, 2014
Citation: 2012-CT-00310-SCT
Petition for writ of certiorari filed by Sam Webster Wallace is denied. To Deny: All Justices. Order entered.

Cheri W. Heflin v. Stephen Merrill and/or The Estate of Stephen Merrill and Nationwide Insurance Company
Date: May 29, 2014
Citation: 2012-CT-00663-SCT
Petition for writ of certiorari filed by Cheri W. Heflin is granted. To Grant: Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ. Not Participating: Waller, C.J. Order entered.

Cappaert Manufactured Housing, Inc. v. Gary E. Thronson, II, Barbara Butrich Thronson, Rodney St. Romain and Judy Lachey St. Romain
Date: May 29, 2014
Citation: 2012-CT-01969-SCT
Petition for writ of certiorari filed by Cappaert Manufactured Housing, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

In the Matter of the Estate of Louis St. Martin, Deceased: Forbes v. Hixson
Date: May 22, 2014
Citation: 2010-CT-00380-SCT
Docket Number: 2010-CT-00380-SCT

Justia Opinion Summary: James Forbes settled a personal-injury action while he was represented by Louis St. Martin. Forbes later sued St. Martin, challenging the validity of his contingency-fee arrangement and the associated attorneys’ fees. Th...

Tazarius Cooper a/k/a T.C. v. State of Mississippi
Date: May 22, 2014
Citation: 2012-CT-00460-SCT
Petition for writ of certiorari filed by Tazarius Cooper is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Travis White a/k/a Travis Brice White v. State of Mississippi
Date: May 22, 2014
Citation: 2012-CT-00485-SCT
Petition for writ of certiorari filed pro se by Travis White is dismissed. M.R.A.P. 17(b). Order entered.

Bonds v. Mississippi
Date: May 22, 2014
Citation: 2012-CT-00640-SCT
Docket Number: 2012-CT-00640-SCT

Justia Opinion Summary: LeDarius Bonds was convicted by jury of murder and sentenced to life in prison. Bonds appealed his conviction, arguing that the trial court erred in admitting "Exhibit 39," a gruesome photograph that he contended was mor...

William C. Jackson a/k/a William Christopher Jackson a/k/a William Jackson v. State of Mississippi
Date: May 22, 2014
Citation: 2012-CT-01195-SCT
Petition for writ of certiorari filed pro se by William C. Jackson is denied. To Deny: All Justices. Order entered.

Hospital MD, LLC v. Larry
Date: May 22, 2014
Citation: 2012-IA-01661-SCT
Docket Number: 2012-IA-01661-SCT

Justia Opinion Summary: Rickesha Larry filed suit against Hospital M.D., LLC, and Hospital M.D. of Yazoo City, Inc. (collectively Hospital M.D.) in a medical-malpractice action. Hospital M.D. moved for summary judgment, arguing Larry had failed...

Robert D. Sherman a/k/a Robert Sherman v. State of Mississippi
Date: May 22, 2014
Citation: 2012-KA-01573-SCT
Motion for rehearing filed by Robert Sherman is denied. Dickinson, P.J., Chandler and King, JJ., would grant.

Amber Olsen Johnson v. Walter Thomas Johnson
Date: May 22, 2014
Citation: 2013-IA-01784-SCT
Motion for rehearing filed by Walter Thomas Johnson is denied. Dickinson, P.J., would grant.

Rosemary Finch v. Stewart Finch
Date: May 15, 2014
Citation: 2011-CT-00306-SCT
Motion for rehearing filed by Rosemary Finch is denied. Waller, C.J., Dickinson, P.J., King and Coleman, JJ., would grant.

Conner v. Mississippi
Date: May 15, 2014
Citation: 2011-CT-00941-SCT
Docket Number: 2011-CT-00941-SCT

Justia Opinion Summary: A jury found Daryl Conner guilty of burglary and felony fleeing a police officer, and the Circuit Court sentenced him as a habitual offender to two consecutive life sentences. Conner appealed to the Court of Appeals, whi...

Christmas v. Exxon Mobil Corporation
Date: May 15, 2014
Citation: 2011-CT-01311-SCT
Docket Number: 2011-CT-01311-SCT

Justia Opinion Summary: Tom and Consandra Christmas own property neighboring an alligator-infested, waste disposal site owned by Exxon. They sued Exxon, claiming the alligator infestation was a nuisance. The circuit court granted summary judgme...

Dexter Fulton a/k/a Dexter Calvin Fulton v. State of Mississippi
Date: May 15, 2014
Citation: 2011-CT-01819-SCT
Petition for writ of certiorari filed by Dexter Fulton is granted. To grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Misita v. Conn
Date: May 15, 2014
Citation: 2011-CT-01865-SCT
Docket Number: 2011-CT-01865-SCT

Justia Opinion Summary: Roy and Mitzi Conn sued their neighbor Joel Misita, who had placed a structure on his land. The Conns sought to enforce a warranty deed restriction placed by their predecessors in title that prohibited Misita from erecti...

Freese v. Mitchell
Date: May 15, 2014
Citation: 2012-CA-01045-SCT
Docket Numbers: 2012-CA-01045-SCT, 2013-CA-00361-SCT

Justia Opinion Summary: This case arose out of a fee dispute between associated attorneys arising out of mass-tort cases in Copiah County between 2005 and 2010. The first appeal arose out of a joint-venture agreement between Don Mitchell and th...

Gaiennie v. McMillin
Date: May 15, 2014
Citation: 2012-CA-01772-SCT
Docket Number: 2012-CA-01772-SCT

Justia Opinion Summary: Andrea Gaiennie and Michael McMillin entered a divorce decree on the ground of irreconcilable differences. In conjunction with the divorce decree, the parties entered into a property-settlement agreement. At issue before...

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi
Date: May 15, 2014
Citation: 2012-CT-00159-SCT
Petition for writ of certiorari filed by Donald Keith Smith is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Weldon Leagea a/k/a Weldon Leage v. State of Mississippi
Date: May 15, 2014
Citation: 2012-CT-00286-SCT
Petition for writ of certiorari filed by Weldon Leagea is denied. To Deny: All Justices. Order entered.

Woodland Village Nursing Center, LLC v. Mississippi Department of Employment Security and Kelsey Nobach
Date: May 15, 2014
Citation: 2012-CT-00698-SCT
Petition for writ of certiorari filed by Woodland Village Nursing Center, LLC is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi
Date: May 15, 2014
Citation: 2012-CT-00926-SCT
Petition for writ of certiorari filed by Donald Keith Smith is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier & Associates, PLLC, Sweet & Freese, PLLC, Dennis C. Sweet, III, P.A. d/b/a Sweet & Associates and Freese & Goss, PLLC v. McHugh Fuller Law Group, PLLC
Date: May 15, 2014
Citation: 2013-CA-00361-SCT
Appellees' Motion to Dismiss Appeal is denied. Order entered.

Raymond J. Greer a/k/a Raymond Joseph Greer, Sr., a/k/a Rusty Greer a/k/a Raymond Joseph Greer v. State of Mississippi
Date: May 15, 2014
Citation: 2013-CT-00086-SCT
Petition for writ of certiorari filed pro se by Raymond J. Greer is denied. To Deny: All Justices. Order entered.

In Re: State Drug Courts Advisory Committee
Date: May 15, 2014
Citation: 89-R-99039
On the Court's own motion, finding that certain appointments expired on December 31, 2013, the en banc Court now makes the following appointment to the State Drug Courts Advisory Committee as set out in the Order. The Clerk of this Court is directed to forthwith forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered.</ul><br><hr>

W.R. Berkley Corporation, Union Standard Insurance Group, Union Standard Insurance Company, and Great River Insurance Company v. Rea's Country Lane Construction, Inc.
Date: May 8, 2014
Citation: 2009-CT-01223-SCT
Petition for writ of certiorari filed by Rea's Country Lane Construction, Inc., is denied. To Deny: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Waller, C.J. Order entered.

Caplin Enterprises, Inc. v. Arrington
Date: May 8, 2014
Citation: 2011-CT-01332-SCT
Docket Numbers: 2011-CT-01332-SCT, 2011-CT-01932-SCT

Justia Opinion Summary: In consolidated cases, thirty-two plaintiffs who signed delayed-deposit check agreements with Zippy Check Advance agreed that Zippy Check could pursue judicial remedies against them to collect the debt, while any and all...

Narjess Ghane, Individually and on Behalf of the Wrongful Death Beneficiaries of Shapoor Alexander ("Alex") Ghane, Jr. v. Mid-South Institute of Self Defense Shooting, Inc., a Tennessee Corporation; JFS, LLC, a Mississippi Limited Liability Company; John Fred Shaw; Donald Ross Sanders, Jr. and Jim Cowan
Date: May 8, 2014
Citation: 2012-CA-00125-SCT
Motion for rehearing filed by Mid-South Institute of Self Defense Shooting, Inc., is denied. Lamar and Coleman, JJ., would grant.

Elizabeth Dunnam v. Darrin Abney and Hope Abney
Date: May 8, 2014
Citation: 2012-CT-00457-SCT
Petition for writ of certiorari filed by Elizabeth Dunnam is denied. To Deny: All Justices. Order entered.

Jerry P. Mize v. Westbrook Construction Company of Oxford, LLC, Jimmy Alvis Lewis, Jr., Kay W. Lewis and Jimmie Waller
Date: May 8, 2014
Citation: 2012-CT-00610-SCT
Petition for writ of certiorari filed by Jerry P. Mize is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens and Coleman, JJ. Order entered.

Jimmy Swindle, Individually, and as Natural Father and Guardian of Jason Swindle, a Minor v. Neshoba County School District
Date: May 8, 2014
Citation: 2012-CT-00758-SCT
Petition for writ of certiorari filed by counsel for Neshoba County School District is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Grant: Waller, C.J., Lamar and Pierce, JJ. Order entered.

Thomas Holder a/k/a Thomas L. Holder v. State of Mississippi
Date: May 8, 2014
Citation: 2012-CT-01004-SCT
Petition for writ of certiorari filed pro se by Thomas Holder is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Order entered.

Paul Hernandez a/k/a Paul "Tito" Hernandez a/k/a Paul Henandez Jr. v. State of Mississippi
Date: May 8, 2014
Citation: 2012-CT-01685-SCT
Petition for writ of certiorari filed by Paul Hernandez is denied. To Deny: All Justices. Order entered.

Troy Chaupette a/k/a Troy W. Chaupette v. State of Mississippi
Date: May 8, 2014
Citation: 2012-KA-01464-SCT
Motion for rehearing filed by Troy Chaupette is denied. Chandler, J., would grant.

Ricky Franklin a/k/a Ricky Levert Franklin a/k/a Ricky L. Franklin v. State of Mississippi
Date: May 8, 2014
Citation: 2012-KA-01496-SCT
Motion for rehearing filed by Ricky Franklin is denied. Kitchens and King, JJ., would grant.

Bruce Chambers v. Clayton Bank & Trust Co.
Date: May 8, 2014
Citation: 2013-CT-00116-SCT
Petition for writ of certiorari filed by Bruce Chambers is denied. To Deny: All Justices. Order entered.

Eduardo A. Flechas v. Alyce Pearl Pitts
Date: May 8, 2014
Citation: 2013-IA-00839-SCT

Joseph Jones v. Imperial Palace of Mississippi, LLC
Date: May 1, 2014
Citation: 2012-CT-00536-SCT
Petition for writ of certiorari filed by Imperial Palace of Mississippi, LLC, is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Pierce, JJ. To Deny: Randolph, P.J., Kitchens, Chandler, King and Coleman, JJ. Order entered.

Stacy Oliver Hester v. Lowndes County School District
Date: May 1, 2014
Citation: 2012-CT-00619-SCT
Petition for writ of certiorari filed by counsel for Stacy Oliver Hester and Joseph Lynn Wright was granted by order of this Court on February 20, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Pierce, J., for the Court. Order entered.

Alvin Barksdale v. State of Mississippi
Date: May 1, 2014
Citation: 2012-CT-00968-SCT
Petition for writ of certiorari filed by Alvin Barksdale is denied. To Deny: All Justices. Order entered.

Taylor v. Mississippi
Date: May 1, 2014
Citation: 2012-KA-01708-SCT
Docket Number: 2012-KA-01708-SCT

Justia Opinion Summary: Sixteen-year-old Bernard Taylor fired multiple shots into a car containing five people, wounding three of them. He was charged with three counts of aggravated assault, with each count alleging a firearms enhancement. The...

Hardy v. Mississippi
Date: May 1, 2014
Citation: 2012-KA-01970-SCT
Docket Number: 2012-KA-01970-SCT

Justia Opinion Summary: Brad Hardy appealed his conviction of two counts of manslaughter by culpable negligence and one count of aggravated boating under the influence of alcohol resulting from a boating collision. He was sentenced to forty-fou...

Safechoice, Inc. v. The City of McComb, Mississippi
Date: May 1, 2014
Citation: 2013-IA-00040-SCT

Mississippi Commission on Judicial Performance v. Leigh Ann Darby
Date: May 1, 2014
Citation: 2013-JP-01400-SCT
On the Court's own motion, after due consideration, the Court finds that supplemental briefing is required to address the following issue: Under what authority may this Court prohibit a removed judge from holding judicial office in the future? The parties shall file supplemental briefs addressing this issue no later than Friday, May 23, 2014, at 5:00 p.m. Each supplemental brief is not to exceed 25 pages in length. Lamar, J., not participating. Order entered.

Hopkins v. Mississippi
Date: May 1, 2014
Citation: 2013-KA-00301-SCT
Docket Number: 2013-KA-00301

Justia Opinion Summary: Gregory Hopkins was convicted as a habitual offender of possession of cocaine with intent to distribute. On appeal he challenged the sufficiency and the weight of the evidence as well as the admission of evidence of his...

Abeyta v. Mississippi
Date: May 1, 2014
Citation: 2013-KA-00495-SCT
Docket Number: 2013-KA-00495-SCT

Justia Opinion Summary: A jury convicted Ryan Abeyta of the murder of his mother, for which he was sentenced to life in the custody of the Mississippi Department of Corrections. Abeyta appealed, arguing that he was entitled to a jury instructio...

The Service Companies, Inc. d/b/a FSS v. The Estate of Mautrice Vaughn, individually, and Linda Vaughn, on behalf of all wrongful death beneficiaries of Mautrice Vaughn, deceased
Date: May 1, 2014
Citation: 2014-M-00126-SCT
The Service Companies, Inc. d/b/a FSS's Petition for Interlocutory Appeal is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

TJ's Western Ware, Inc. and Jean H. Ramey Holder v. Ronald K. Jefcoat
Date: April 24, 2014
Citation: 2011-CT-01490-SCT
Petition for writ of certiorari filed by Ronald K. Jefcoat is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson and Randolph, P.JJ., and Coleman, J. Order entered.

Moffett v. Mississippi
Date: April 24, 2014
Citation: 2011-DR-00028-SCT
Docket Number: 2011-DR-00028-SCT

Justia Opinion Summary: Eric Moffett was convicted of capital murder and sentenced to death by a jury. Moffett was convicted of a savage sexual assault on a five-year-old girl, resulting in her death. Moffett’s conviction and sentence were affi...

Ervin v. Mississippi
Date: April 24, 2014
Citation: 2011-KA-01809-SCT
Docket Number: 2011-KA-01809-SCT

Justia Opinion Summary: A jury convicted Charles Ervin (a convicted felon) of armed robbery and as a felon in possession of a handgun following the armed robbery of the Healthy Body Store. Police were able to identify Ervin as a suspect after h...

Quinton Williams and Tina Maria Ramiz v. Bolivar Leflore Medical Alliance, LLP and Dr. Paul E. Warrington
Date: April 24, 2014
Citation: 2012-CA-01087-SCT
Randolph, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Darnell v. Darnell
Date: April 24, 2014
Citation: 2012-CA-01503-SCT
Docket Number: 2012-CA-01503-SCT

Justia Opinion Summary: Carla Darnell and William Duff Darnell (“Duff”) were married in 2004 and divorced in 2012. The couple had one child, a son, C.D., in 2006. While the divorce was pending, C.D. exhibited behaviors which may have suggested...

Paul W. Frazier v. Sharon Renee Frazier
Date: April 24, 2014
Citation: 2012-CT-00061-SCT
Petition for writ of certiorari filed by Paul W. Frazier is denied. To Deny: All Justices. Order entered.

Paul W. Frazier v. Sharon Renee Frazier
Date: April 24, 2014
Citation: 2012-CT-00896-SCT
Petition for writ of certiorari filed by Paul W. Frazier is denied. To Deny: All Justices. Order entered.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton
Date: April 24, 2014
Citation: 2012-UR-01108-SCT
On the Court's own motion, several members of the Court have requested supplemental briefing that they believe would be helpful in assisting the Court to resolve this case. The parties are therefore ordered to brief the following issues as set out in the order. The briefs shall not exceed sixty pages, and shall be filed with this Court and served on all other parties no later than thirty days from the date of this order. Because Blanton challenges the constitutionality of a statute, the Attorney General is invited to brief the issues. Should the Attorney General wish to brief these issue, the Court shall, upon request, grant the Attorney General an additional twenty days to review the record and briefs already on file in this case. All Justices Agree. Order entered.

Burch v. Illinois Central Railroad Company
Date: April 24, 2014
Citation: 2013-CA-00414-SCT
Docket Number: 2013-CA-00414-SCT

Justia Opinion Summary: Plaintiffs filed a wrongful death suit against Illinois Central for the death of their father. The case was dismissed because the three-year statute of limitations had run. Plaintiffs appealed, claiming that the statute...

Curtis Boyd, By and Through Mary Mastin, Next Friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd v. Gregory Nunez, M.D.
Date: April 17, 2014
Citation: 2011-CT-00444-SCT
Motion for rehearing filed by Gregory Nunez, M.D., is denied. Lamar, J., would grant. Coleman, J., would deny and modify opinion. Randolph, P.J., not participating.

Donald R. Brewer v. Penny Mathis Holliday
Date: April 17, 2014
Citation: 2011-CT-00964-SCT
Motion for rehearing filed by Penny Mathis Holliday is denied.

Flowers v. Crown Cork & Seal USA, Inc.
Date: April 17, 2014
Citation: 2011-CT-01552-SCT
Docket Number: 2011-CT-01552-SCT

Justia Opinion Summary: Levon Flowers made a workers' compensation claim against his former employer Crown Cork & Seal USA. The Supreme Court granted Crown’s petition for certiorari to review the compensability of a foot injury Flowers sustaine...

Mississippi Valley Silica Company, Inc. v. Reeves
Date: April 17, 2014
Citation: 2012-CA-01702-SCT
Docket Number: 2012-CA-01702-SCT

Justia Opinion Summary: Robert Reeves, an employee of Illinois Central Railroad, sued Mississippi Valley Silica, Inc. for lung injuries that allegedly were caused by his inhalation of silica while employed with Illinois Central. The case was di...

Smith v. Mississippi
Date: April 17, 2014
Citation: 2012-CT-00218-SCT
Docket Number: 2012-CT-00218-SCT

Justia Opinion Summary: Scott Smith was convicted of capital murder for the death of seventeen-month-old child and sentenced to life without the possibility of parole. Smith appealed his conviction to the Court of Appeals, arguing that the tria...

Ferguson v. Mississippi
Date: April 17, 2014
Citation: 2012-CT-00417-SCT

Justia Opinion Summary: Charles Ferguson rode as a back-seat passenger with Lazeric Yarbrough and Oratio Robinson, unaware of Yarbrough’s and Robinson’s intent to purchase marijuana once the car arrived in West Point. On their return to Starkvi...

Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe v. State of Mississippi
Date: April 17, 2014
Citation: 2012-CT-00652-SCT
Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe's petition for writ of certiorari is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ. Order entered.

Willie Marshall, Jr. a/k/a Willie Marshall v. State of Mississippi
Date: April 17, 2014
Citation: 2012-CT-00694-SCT
Petition for writ of certiorari filed pro se by Willie Marshall is denied. To Deny: All Justices. Order entered.

Henley v. Mississippi
Date: April 17, 2014
Citation: 2013-KA-00164-SCT
Docket Number: 2013-KA-00164-SCT

Justia Opinion Summary: Derrick Henley appealed his conviction by jury of possession of burglary tools. Upon review, the Supreme Court found that the State failed to present sufficient evidence that the tools were intended to be used in aiding...

Freddie Webber, Jr. a/k/a Freddie Lee Webber, Jr. a/k/a Head a/k/a Fnu Lnu v. State of Mississippi
Date: April 17, 2014
Citation: 2013-M-00937
Freddie Webber, Jr.'s pro se motion for post-conviction collateral relief is granted. Webber's sentence in Lowndes County Circuit Court cause number 2010-0280-CR1 is vacated, and this matter is remanded to the Lowndes County Circuit Court for his re-sentencing as a non-habitual offender. All other claims raised by Webber are denied. Freddie Webber, Jr.'s request to proceed in forma pauperis is granted. Freddie Webber, Jr.'s request for the appointment of counsel is granted for the purposes of his being represented by legal counsel during the re-sentencing process. Randolph, P.J., concurs in result only. Lamar, J., disagrees. Order entered.

In Re: Local Rules
Date: April 17, 2014
Citation: 89-R-99015-SCT
Hinds County Court Judge Melvin V. Priester, Sr.'s Procedure for Pretrial Matters, Trial, & Mediation is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>

Reith v. Mississippi
Date: April 10, 2014
Citation: 2011-CT-01591-SCT
Docket Number: 2011-CT-01591-SCT

Justia Opinion Summary: Robert Reith was convicted by jury for the murder of his ex-wife and sentenced to life. He appealed, but his conviction and sentence was affirmed by the Court of Appeals. On appeal to the Supreme Court, Reith argued the...

Bre'Annah Banks, a Minor, by and through her Natural Mother, Legal Guardian and next Friend, Etta Banks; Ladarius Harp, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Barbara Thomas; Kimberly Norris, a Minor by and through her Natural Mother, Legal Guardian and next Friend, Mary Norris; Zerlanzeia Lambouths, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Annie King; and Lakedrick Reed, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Juanita Reed v. Sherwin-Williams Company
Date: April 10, 2014
Citation: 2012-CA-00880-SCT
Motion for rehearing filed by Sherwin-Williams Company is denied.

Bre'Annah Banks, a Minor, by and through her Natural Mother, Legal Guardian and next Friend, Etta Banks; Ladarius Harp, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Barbara Thomas; Kimberly Norris, a Minor by and through her Natural Mother, Legal Guardian and next Friend, Mary Norris; Zerlanzeia Lambouths, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Annie King; and Lakedrick Reed, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Juanita Reed v. Sherwin-Williams Company
Date: April 10, 2014
Citation: 2012-CA-00880-SCT
Motion for rehearing filed by Sherwin-Williams Company is denied.

Edward Cox v. State of Mississippi
Date: April 10, 2014
Citation: 2012-CA-01329-SCT
Motion for rehearing filed by Edward Cox is denied. Chandler, J., not participating.

Edward Cox v. State of Mississippi
Date: April 10, 2014
Citation: 2012-CA-01329-SCT
Motion for rehearing filed by Edward Cox is denied. Chandler, J., not participating.

Huseth v. Huseth
Date: April 10, 2014
Citation: 2012-CA-01576-SCT
Docket Number: 2012-CA-01576-SCT

Justia Opinion Summary: Michael Huseth (Mike) appealed a Chancery Court judgment which granted his wife Tavia Huseth an award of separate maintenance, full physical custody of their son, and attorney fees. Tavia requested attorney fees on appea...

Ralph Arnold Smith, Jr. v. Ricky Banks, Sheriff of Leflore County, Mississippi, and the State of Mississippi
Date: April 10, 2014
Citation: 2012-CA-01850-SCT
Motion for rehearing filed by Ralph Arnold Smith, Jr., is denied. Opinion modified at paragraphs 14 and 16. Coleman, J., not participating.

Ralph Arnold Smith, Jr. v. Ricky Banks, Sheriff of Leflore County, Mississippi, and the State of Mississippi
Date: April 10, 2014
Citation: 2012-CA-01850-SCT
Motion for rehearing filed by Ralph Arnold Smith, Jr., is denied. Opinion modified at paragraphs 14 and 16. Coleman, J., not participating.

Rod Cooke Construction Company, Inc. v. Lamar County School Board
Date: April 10, 2014
Citation: 2012-CT-00339-SCT
Petition for writ of certiorari filed by Rod Cooke Construction Company, Inc., is denied. To Deny: All Justices. Order entered.

Rod Cooke Construction Company, Inc. v. Lamar County School Board
Date: April 10, 2014
Citation: 2012-CT-00339-SCT
Petition for writ of certiorari filed by Rod Cooke Construction Company, Inc., is denied. To Deny: All Justices. Order entered.

Perry Jackson v. State of Mississippi
Date: April 10, 2014
Citation: 2012-CT-00389-SCT
Perry Jackson's petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Perry Jackson v. State of Mississippi
Date: April 10, 2014
Citation: 2012-CT-00389-SCT
Perry Jackson's petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Joshua Buckner a/k/a Joshua David Buckner v. State of Mississippi
Date: April 10, 2014
Citation: 2012-CT-00868-SCT
Petition for writ of certiorari filed by Joshua Buckner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Joshua Buckner a/k/a Joshua David Buckner v. State of Mississippi
Date: April 10, 2014
Citation: 2012-CT-00868-SCT
Petition for writ of certiorari filed by Joshua Buckner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Jeffrey Lance Hill a/k/a Jeffrey L. Hill a/k/a Jeff Hill a/k/a Jeffrey Hill a/k/a Jeffrey Scott Hill a/k/a Jeffrey L. Hill v. State of Mississippi
Date: April 10, 2014
Citation: 2012-KA-00724-SCT
Motion for rehearing filed by the State of Mississippi is denied. Coleman, J., would grant.

Jeffrey Lance Hill a/k/a Jeffrey L. Hill a/k/a Jeff Hill a/k/a Jeffrey Hill a/k/a Jeffrey Scott Hill a/k/a Jeffrey L. Hill v. State of Mississippi
Date: April 10, 2014
Citation: 2012-KA-00724-SCT
Motion for rehearing filed by the State of Mississippi is denied. Coleman, J., would grant.

Mississippi Comm'n on Environmental Quality v. Bell Utilities of Mississippi, LLC
Date: April 10, 2014
Citation: 2013-CC-00165-SCT
Docket Number: 2013-CC-00165-SCT

Justia Opinion Summary: Lawrence Elliott owned and operated the Black Creek Water and Wastewater systems in Forrest County from the 1990s until 2005. The systems are a few miles upstream of an area of Black Creek that is designated as a Nationa...

Mississippi Power Company v. Mississippi Public Service Comm'n
Date: April 10, 2014
Citation: 2013-CC-00682-SCT
Docket Number: 2013-CC-00682-SCT

Justia Opinion Summary: Mississippi Power Company filed documents asserting confidentiality with the Mississippi Public Service Commission related to a certificate-of-public-convenience-and-necessity proceeding in January 2009. In July 2012, Bi...

Hubbard v. BancorpSouth Bank
Date: April 10, 2014
Citation: 2013-CP-01028-SCT
Docket Number: 2013-CP-01028-SCT

Justia Opinion Summary: The residence of Brent and Amy Hubbard secured a note and deed of trust held by Trustmark National Bank. Additionally, the Hubbards obtained a second loan, which was secured by a note and second deed of trust held by Ban...

James Marco Ferguson a/k/a James Ferguson a/k/a James M. Ferguson v. State of Mississippi
Date: April 10, 2014
Citation: 2013-KA-00114-SCT
Motion for rehearing filed by James Ferguson is denied.

James Marco Ferguson a/k/a James Ferguson a/k/a James M. Ferguson v. State of Mississippi
Date: April 10, 2014
Citation: 2013-KA-00114-SCT
Motion for rehearing filed by James Ferguson is denied.

Michelle Byrom v. State of Mississippi
Date: April 3, 2014
Citation: 2001-DP-00529-SCT
The State's Motion to Reset Execution Date is denied. Order entered.

Walter Eddie McComb v. State of Mississippi
Date: April 3, 2014
Citation: 2007-CT-01376-SCT
Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb's "Notice of Appeal," which is in the nature of a petition for a writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.

Chris Harrell a/k/a Christopher Harrell v. State of Mississippi
Date: April 3, 2014
Citation: 2010-CT-01571-SCT
Motion for rehearing filed by the State of Mississippi is denied. Randolph, P.J., Chandler and Pierce, JJ., would grant.

Jimmy Ray Chism, Jr. v. Abby Gale Morris Chism Bright
Date: April 3, 2014
Citation: 2011-CT-01472-SCT
Petition for writ of certiorari filed by counsel for Jimmy Ray Chism, Jr., is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Chandler, J. Order entered.

Brett Anthony Shaw a/k/a Bret Shaw a/k/a Brett Shaw a/k/a Brett A. Shaw v. State of Mississippi
Date: April 3, 2014
Citation: 2011-CT-01536-SCT
Petition for writ of certiorari filed by Brett Anthony Shaw is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Jonathan Whitehead v. The Estate of John J. Whitehead, Jr., Deceased: By Larry John Whitehead and Michael E. Whitehead, Co-Administrators, C.T.A.
Date: April 3, 2014
Citation: 2012-CT-00245-SCT
Petition for writ of certiorari filed by Jonathan Whitehead is denied. To Deny: All Justices. Order entered.

Smith v. Tippah Electric Power Association
Date: April 3, 2014
Citation: 2012-CT-00502-SCT
Docket Number: 2012-CT-00502-SCT

Justia Opinion Summary: After suffering a severe electrical shock while working as a lineman for Tippah Electric Power Association, Lonnie Smith filed a petition to controvert with the Mississippi Workers' Compensation Commission. Tippah denied...

Johnnie Brown v. Illinois Tool Works, Inc., ITW/Duo-Fast and Zurich American Insurance Company
Date: April 3, 2014
Citation: 2012-CT-00803-SCT
Petition for writ of certiorari filed by counsel for Johnnie Brown is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.

Marion Dyse v. BKS, Inc. d/b/a Keith's Superstores
Date: April 3, 2014
Citation: 2012-CT-01078-SCT
Petition for writ of certiorari filed by BKS, Inc., d/b/a Keith's Superstores is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Chandler, J. Order entered.

In the Matter of the Estate of Carl Black, Deceased: Ida M. Black, Julia Rosemary Black Burchfield, Kathy Ann Black May, Ivy Darlene Black Waltman, Martha Mildred Black Pruett, Betty Carol Black, Edith Louise Black Coogan, Willard Lee Black, John Wilson Black, Karl Lamar Black and Karol Addison Black v. Jerry Michael Clark, the Administrator of the Estate of Carl Black, Deceased, Jerry M. Clark, Individually, and Shane M. Clark
Date: April 3, 2014
Citation: 2012-CT-01223-SCT
Petition for writ of certiorari filed by Ida M. Black, et al., is denied. To Deny: All Justices. Order entered.

The Mississippi Bar v. Scott David Beal
Date: April 3, 2014
Citation: 2013-BD-01054-SCT

Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb v. State of Mississippi
Date: April 3, 2014
Citation: 2013-CT-00215-SCT
Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb's "Notice of Appeal," which is in the nature of a petition for a writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.

Thong Le v. State of Mississippi
Date: April 3, 2014
Citation: 2013-DR-00327-SCT
Thong Le's Motion to Invoke Discovery is dismissed. To Dismiss: All Justices. Order entered.

Charles Ray Crawford v. State of Mississippi
Date: April 3, 2014
Citation: 2013-DR-02147-SCT

Michelle Byrom v. State of Mississippi
Date: April 3, 2014
Citation: 2014-DR-00230-SCT
Motion for Leave to File Successive Petition for Post-Conviction Relief filed by Michelle Byrom is granted. The conviction of the petitioner, Michelle Byrom, for capital murder is hereby reversed, and the case at issue here and in the direct appeal styled Michelle Byrom v. State of Mississippi and having Docket Number 2001-DP-529-SCT is remanded to the Circuit Court of Tishomingo County for a new trial. Upon remand, the Circuit Court of Tishomingo County shall reassign the case to a different trial judge. Coleman, J., for the Court. Order entered.

Charles Ray Crawford v. State of Mississippi
Date: April 3, 2014
Citation: 94-DP-01016-SCT
The State's Motion to Reset Execution Date is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. To Grant: Randolph, P.J., Chandler and Pierce, JJ. Order entered.

Michael Crawford v. Morris Transportation, Inc., Alex Jordan, Individually and as Agent Driver of Morris Transportation, Inc., and Custom Sign Company a/k/a Custom Sign Company of Batesville, Inc. f/k/a Custom Sign Company of Grenada, Inc.
Date: March 27, 2014
Citation: 2006-CA-00185-SCT
Appellee's Motion to Strike Appellant's Brief and Dismiss Appeal and Appellee's Motion to Strike Appellant's Record Excerpts are denied. Order entered.

Michael Crawford v. Morris Transportation, Inc., Alex Jordan, Individually and as Agent Driver of Morris Transportation, Inc., and Custom Sign Company a/k/a Custom Sign Company of Batesville, Inc. f/k/a Custom Sign Company of Grenada, Inc.
Date: March 27, 2014
Citation: 2007-CA-00322-SCT
Appellee's Motion to Strike Appellant's Brief and Dismiss Appeal and Appellee's Motion to Strike Appellant's Record Excerpts are denied. Order entered.

Crawford v. Custom Sign Company
Date: March 27, 2014
Citation: 2011-CA-00120-SCT
Docket Numbers: 2011-CA-00120-SCT, 2007-CA-00322-SCT, 2006-CA-00185-SCT

Justia Opinion Summary: Michael Crawford sued defendants Alex Jordan, Morris Transportation, and Custom Sign Company (Custom) based on a motor vehicle accident. Initially, Crawford filed a petition to perpetuate testimony to depose Jordan and M...

Illinois Central Railroad Company v. Perry D. Brent
Date: March 27, 2014
Citation: 2011-CA-01608-SCT
Motion for rehearing filed by Illinois Central Railroad Company is denied. Waller, C.J., Dickinson, P.J., Lamar and Coleman, JJ., would grant.

Manning v. King's Daughters Medical Center
Date: March 27, 2014
Citation: 2012-CA-01457-SCT
Docket Number: 2012-CA-01457-SCT

Justia Opinion Summary: This case arose from Quizzie Manning's 2008 visit to the King's Daughters Medical Center's emergency room. Manning alleged she sustained injuries as a result of the Center's negligence during that visit. The issue this c...

Jason T. Kephart and Anna Kephart v. Northbay Property Owners Association
Date: March 27, 2014
Citation: 2012-CT-01691-SCT
Northbay Property Owners Association's petition for writ of certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.

Deason v. Stinson
Date: March 27, 2014
Citation: 2012-IA-01238-SCT

Justia Opinion Summary: In this guardianship case, the ward's guardian petitioned for transfer of the guardianship to Louisiana, where the ward and guardian had moved. The chancellor denied both the request to transfer the guardianship and the...

Williams v. Mississippi
Date: March 27, 2014
Citation: 2012-KA-01415-SCT

Justia Opinion Summary: Craig Williams was convicted by jury of armed robbery. Williams appealed his conviction, claiming: (1) a broken "BB gun" did not meet the definition of a deadly weapon for purposes of Mississippi's armed-robbery statute;...

The Mississippi Bar v. Karen Wilson Tyler
Date: March 27, 2014
Citation: 2013-BD-01251-SCT
On the Court's own motion, the Mississippi Bar's formal complaint against Karen Wilson Tyler is dismissed without prejudice. The Mississippi Bar is taxed with the costs of this appeal. Pierce, J., for the Court. Order entered.</ul><br><hr>

Canizaro, Cawthon, Davis, a Professional Association v. Evan Johnson & Sons Construction, Inc.
Date: March 27, 2014
Citation: 2014-M-00107-SCT
Petition for Interlocutory Appeal by Permission filed by Canizaro, Cawthon, Davis, a Professional Association, is denied. To Grant: Randolph, P.J. Order entered.

Eaton Corporation, Aeroquip-Vickers, Inc., Eaton Hydraulics, Inc. f/k/a Vickers, Inc., Eaton Aerospace, LLC and Michael S. Allred v. Jeffrey D. Frisby, Kevin J. Clark, James N. Ward, Douglas E. Murphy, Michael K. Fulton, Rodney L. Case, Billy D. Grayson, Frisby Aerospace, LLC, Frisby Aerospace, Inc., Four Seventeen Aerospace, Inc., Triumph Group, Inc. and The Triumph Group Single Business Enterprise
Date: March 20, 2014
Citation: 2011-CA-00019-SCT
Motion of Michael S. Allred to Correct Inadvertent Error in Motion for Rehearing is granted. Order entered.

BancorpSouth Bank v. Brantley, Jr.
Date: March 20, 2014
Citation: 2011-CT-00475-SCT
Docket Number: 2011-CT-00475-SCT

Justia Opinion Summary: BancorpSouth Bank filed a complaint for declaratory judgment, judicial foreclosure, and other relief against Van Buren Group, LLC, a corporation that organized the construction of thirty condominiums in Oxford. Four purc...

Sims v. Mississippi
Date: March 20, 2014
Citation: 2011-CT-01459-SCT
Docket Number: 2011-CT-01459-SCT

Justia Opinion Summary: Johnny Ray Sims was charged with three counts of aggravated assault, with each count alleging a separate victim. The trial court subsequently accepted the defendant’s best-interest guilty plea to one count of aggravated...

In The Matter of the Estate of Kenneth Lee Drake, Deceased: Benjamin Lee Drake v. Bennie Larry Drake
Date: March 20, 2014
Citation: 2011-CT-01587-SCT
Petition for writ of certiorari filed by Benjamin Lee Drake is denied. To Deny: All Justices. Order entered.

Kimbrough v. Estate of David Kimbrough
Date: March 20, 2014
Citation: 2012-CA-02029-SCT
Docket Number: 2012-CA-02029-SCT

Justia Opinion Summary: David "Junior" Kimbrough died in 1998, leaving his entire estate to his long-time girlfriend, Mildred Washington. Matthew Johnson was named executor of the estate. Johnson petitioned the court to probate Kimbrough's will...

Rice v. Mississippi
Date: March 20, 2014
Citation: 2012-CP-01919-SCT
Docket Number: 2012-CP-01919-SCT

Justia Opinion Summary: David Lee Rice filed a petition for post-conviction relief in Circuit Court, arguing that he had been improperly sentenced to life without parole as a habitual offender after a 1996 conviction for auto burglary. Finding...

Brandon Grindle a/k/a Bam v. State of Mississippi
Date: March 20, 2014
Citation: 2012-CT-00006-SCT
Petition for writ of certiorari filed by Brandon Grindle is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Albert Edmond a/k/a Albert Edmonds v. State of Mississippi
Date: March 20, 2014
Citation: 2012-CT-00022-SCT
Petition for writ of certiorari filed by Albert Edmond is denied. To Deny: All Justices. Order entered.

Joel Pablo Gonzalez a/k/a Joel Pablo Gonzales a/k/a "Martin" a/k/a Joel P. Gonzales v. State of Mississippi
Date: March 20, 2014
Citation: 2012-CT-00113-SCT
Joel Pablo Gonzalez a/k/a Joel Pablo Gonzales a/k/a "Martin" a/k/a Joel P. Gonzales's petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Mark Matthews a/k/a Mark David Mathews a/k/a Mark D. Mathews a/k/a Mark David Matthews a/k/a Mark Mathews v. City of Madison, Mississippi
Date: March 20, 2014
Citation: 2012-CT-01528-SCT
Petition for writ of certiorari filed by Mark Matthews is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Chandler and Pierce, JJ. Order entered.

Brenda S. Lott and Frances H. Saulters v. Ralph D. Saulters
Date: March 20, 2014
Citation: 2012-IA-01401-SCT
Motion for rehearing filed by Appellants is denied. Randolph, P.J., Lamar and Coleman, JJ., would grant.

Entergy Mississippi, Inc. v. Richardson
Date: March 20, 2014
Citation: 2012-IA-01686-SCT
Docket Number: 2012-IA-01686-SCT

Justia Opinion Summary: The trial court granted plaintiff Karen Richardson’s motion to reinstate a negligence action arising out of a 2001 automobile accident involving a truck owned by defendant Entergy Mississippi, Inc. Richardson’s action ha...

Sherman v. Mississippi
Date: March 20, 2014
Citation: 2012-KA-01573-SCT
Docket Number: 2012-KA-01573-SCT

Justia Opinion Summary: Robert Sherman was indicted for willfully, unlawfully, and feloniously possessing pseudoephedrine and sodium hydroxide with the unlawful intent to manufacture a controlled substance. He was tried and convicted then sente...

Tipton v. Mississippi
Date: March 20, 2014
Citation: 2013-CA-00415-SCT
Docket Number: 2013-CA-00415-SCT

Justia Opinion Summary: In a matter of first impression, the issue before the Supreme Court centered on whether one wrongfully convicted of a crime and placed in the Intensive Supervision Program, commonly known as house arrest, is entitled to...

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.
Date: March 13, 2014
Citation: 2010-CT-00177-SCT
Motion for rehearing filed by W. C. Fore Trucking, Inc., is denied. Lamar, Pierce and Coleman, JJ., would deny with modifications to the opinion. Dickinson, P.J., not participating.

Johnson v. Mississippi
Date: March 13, 2014
Citation: 2010-CT-01978-SCT
Docket Number: 2010-CT-01978-SCT

Justia Opinion Summary: A jury convicted Angela Johnson of one count of possession of methamphetamine, one count of possession of precursor chemicals, and one count of false pretense. The Court of Appeals affirmed Johnson's convictions, and the...

Edward J. Johnson, Jr. d/b/a F & E Farm v. Parker Tractor & Implement Company, Inc. and Sentry Select Insurance Company
Date: March 13, 2014
Citation: 2012-CA-01684-SCT
Motion for rehearing filed by Edward J. Johnson, Jr., is denied.

Danny Rea v. Foamex and American Home Assurance Company
Date: March 13, 2014
Citation: 2012-CT-00625-SCT
Petition for writ of certiorari filed by Danny Rea is denied. To Deny: All Justices. Order entered.

Stanley Luster a/k/a Stanley "Rico" Luster a/k/a Stanley Aaron Luster v. State of Mississippi
Date: March 13, 2014
Citation: 2012-CT-00645-SCT
Petition for writ of certiorari filed by Stanley Luster, pro se, is denied. To Deny: All Justices. Order entered.

Amber Olsen Johnson v. Walter Thomas Johnson
Date: March 13, 2014
Citation: 2013-IA-01784-SCT
The Petition for Interlocutory Appeal filed by Petitioner is granted. This matter is remanded to the Madison County Chancery Court for entry of an order denying Respondent's Motion to Compel in cause no. 2012-0921. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent is taxed with all costs of this appeal. To Grant and Render: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Coleman, J. Randolph, P.J., for the Court. Order entered.

Newton County v. Mississippi
Date: March 6, 2014
Citation: 2011-CT-01500-SCT
Docket Numbers: 2011-CT-01500-SCT, 2011-CT-01501-SCT

Justia Opinion Summary: George Dukes and Joe Jordan sued Union Insurance Company Inc. as surety on the public official bond of Newton County Circuit Clerk Rodney Bounds. Union filed a crossclaim against Bounds for indemnity. The Circuit Court d...

Mary Terrell v. Robert Terrell
Date: March 6, 2014
Citation: 2011-CT-01540-SCT
Petition for writ of certiorari filed by Mary Terrell is denied. To Deny: All Justices. Order entered.

Tommy James Fay a/k/a Tommy Jay Fay a/k/a Tommy Fay v. State of Mississippi
Date: March 6, 2014
Citation: 2012-CT-00261-SCT
Petition for writ of certiorari filed by Tommy James Fay is denied. To Deny: All Justices. Order entered.

Jimmy Harris v. Mississippi Parole Board
Date: March 6, 2014
Citation: 2012-CT-01409-SCT
Petition for writ of certiorari filed by Jimmy Harris, pro se, is denied. To Deny: All Justices. Order entered.

Chaupette v. Mississippi
Date: March 6, 2014
Citation: 2012-KA-01464-SCT
Docket Number: 2012-KA-01464-SCT

Justia Opinion Summary: Troy Chaupette was convicted of fondling his four-year-old great-niece. He appealed, arguing the trial court erred by: (1) allowing two fact witnesses to provide expert testimony; (2) permitting an improper comment on th...

Virk v. Mississippi Department of Revenue
Date: March 6, 2014
Citation: 2013-CA-00073-SCT
Docket Number: 2013-CA-00073-SCT

Justia Opinion Summary: Karmjit Virk appealed an increase in his tax liability to the Mississippi Department of Revenue’s Board of Review. When Virk failed to appear at his Board of Review hearing, his appeal was involuntarily withdrawn. Virk’s...

Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc. and Capital Security Services, Inc.
Date: February 27, 2014
Citation: 2011-CT-01028-SCT
Kenneth Thompson Builder, Inc.'s petition for writ of certiorari, which Coastal Masonry, Pro Mow Lawn Care, Inc., and Capital Security Services, Inc., have joined, is granted. To Grant: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J., and Dickinson, P.J. Order entered.

Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc., Capital Security Services, Inc., Mallette Brothers Construction, Inc. and Mississippi Transportation Commission a/k/a Mississippi Department of Transportation
Date: February 27, 2014
Citation: 2011-CT-01033-SCT
Kenneth Thompson Builder, Inc.'s petition for writ of certiorari, which Coastal Masonry, Pro Mow Lawn Care, Inc., and Capital Security Services, Inc., have joined, is granted. To Grant: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J., and Dickinson, P.J. Order entered.

Lee v. Thompson
Date: February 27, 2014
Citation: 2012-CA-01260-SCT
Docket Number: 2012-CA-01260-SCT

Justia Opinion Summary: Herbert Lee Jr., the attorney who handled the 2001 settlement of thirteen diet-drug claims (for approximately $32 million), agreed that six percent of the gross settlement would be used to pay for “common benefit” discov...

Watkins v. Mississippi Dept. of Human Services
Date: February 27, 2014
Citation: 2012-CA-01567-SCT
Docket Number: 2012-CA-01567-SCT

Justia Opinion Summary: A mother sued the Department of Human Services (DHS) after the death of her son in the home in which DHS placed him. Austin Watkins was removed from the home of his mother, Tammy Watkins, and placed in the home of his pa...

James A. Morris a/k/a James Allen Morris a/k/a James Morris v. State of Mississippi
Date: February 27, 2014
Citation: 2012-CT-00414-SCT
Petition for writ of certiorari filed pro se by James A. Morris is denied. To Deny: All Justices. Order entered.

Christopher Michael Carpenter a/k/a Christopher Carpenter v. State of Mississippi
Date: February 27, 2014
Citation: 2012-CT-00504-SCT
Petition for writ of certiorari filed by Christopher Michael Carpenter is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Moss Point School Districtv. Stennis
Date: February 27, 2014
Citation: 2012-IA-00997-SCT
Docket Number: 2012-IA-00997-SCT

Justia Opinion Summary: Zachariah Stennis sued Moss Point School District (MPSD) and several school-district officials for injuries she sustained in an off campus assault by a fellow student and the student’s mother. MPSD filed a motion for sum...

Tard v. Mississippi
Date: February 20, 2014
Citation: 2010-CT-00898-SCT
Docket Number: 2010-CT-00898-SCT

Justia Opinion Summary: Walter Tard was convicted of armed robbery and sentenced to serve forty-five years, with ten years suspended and five years of post-release supervision, in the custody of the Mississippi Department of Corrections. Tard a...

Levi L. Jenkins a/k/a Levi Jenkins a/k/a Levi Leverne Jenkins v. State of Mississippi
Date: February 20, 2014
Citation: 2011-KA-01267-SCT
Motion for rehearing filed by Levi L. Jenkins is denied. Opinion modified at paragraph 13. Waller, C.J., would deny only. Kitchens and King, JJ., would grant.

The Mississippi Bar v. J. Allen Derivaux, Jr.
Date: February 20, 2014
Citation: 2012-BA-01330-SCT

Anderson v. LaVere
Date: February 20, 2014
Citation: 2012-CA-00601-SCT
Docket Number: 2012-CA-00601-SCT

Justia Opinion Summary: When legendary blues musician Robert Johnson died intestate in 1938, he had no money and appeared to have left no assets to distribute to heirs, so no estate was opened at that time. But the increasing popularity of John...

Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased
Date: February 20, 2014
Citation: 2012-CA-00653-SCT
Motion for rehearing filed by Lisa Younger Neese is denied.

Adams v. Mississippi State Oil & Gas Board
Date: February 20, 2014
Citation: 2012-CA-01070-SCT
Docket Numbers: 2012-CA-01070-SCT, 2012-CA-00598-COA

Justia Opinion Summary: Shirley Adams and other landowners challenged a petition of the U.S. Oil and Gas Association that proposed amendments to Statewide Rule 681 which authorized the surface and subsurface landspreading of NORM as additional...

Entergy Mississippi, Inc. v. Mississippi
Date: February 20, 2014
Citation: 2012-CA-01543-SCT
Docket Number: 2012-CA-01543-SCT

Justia Opinion Summary: This appeal stemmed from a grand jury subpoena duces tecum served upon Entergy Mississippi, Inc., that requested the names and billing addresses of all of Entergy's residential customers in two zip codes in Madison Count...

Pierce v. Pierce
Date: February 20, 2014
Citation: 2012-CA-01966-SCT
Docket Number: 2012-CA-01966-SCT

Justia Opinion Summary: Martin and Star Pierce were married in Mississippi in 2000, and divorced in Washington state in 2007. Because the Washington court lacked personal jurisdiction over Star, it did not divide the parties' assets. Subsequent...

Isle of Capri Casino, Inc. and Riverboat Corporation of Mississippi-Vicksburg v. Silver Land, Inc.
Date: February 20, 2014
Citation: 2012-CT-00054-SCT
Petition for writ of certiorari filed by Silver Land, Inc., is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Waller, C.J., Kitchens and King, JJ. Order entered.

Tommie Lee Jones a/k/a Ninnoe v. State of Mississippi
Date: February 20, 2014
Citation: 2012-CT-00374-SCT
Petition for writ of certiorari filed by Tommie Lee Jones is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., and Pierce, J. Order entered.

Stacy Oliver Hester v. Lowndes County School District
Date: February 20, 2014
Citation: 2012-CT-00619-SCT
Petition for writ of certiorari filed by Stacy Oliver Hester and Joseph Lynn Wright is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell v. State of Mississippi
Date: February 20, 2014
Citation: 2012-CT-00708-SCT
Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell's petition for writ of certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Nancy Downey a/k/a Nancy Pruitt Downey a/k/a "Cookie" v. State of Mississippi
Date: February 20, 2014
Citation: 2012-CT-00815-SCT
Petition for writ of certiorari filed by Nancy Downey is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. Order entered.

Lowndes County School District v. Joseph Lynn Wright
Date: February 20, 2014
Citation: 2012-CT-00852-SCT
Petition for writ of certiorari filed by Stacy Oliver Hester and Joseph Lynn Wright is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers Sr. a/k/a Edward Dwanye Flowers Sr. a/k/a Edward Flowers v. State of Mississippi
Date: February 20, 2014
Citation: 2012-CT-01234-SCT
Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers, Sr., a/k/a Edward Dwanye Flowers, Sr. a/k/a Edward Flowers's petition for writ of certiorari is dismissed as untimely. M.R.A.P. 17(b). Order entered.

Shauntell Summerall a/k/a Shauntell Maurice Summerall a/k/a Shauntell M. Summerall v. State of Mississippi
Date: February 20, 2014
Citation: 2012-CT-01354-SCT
Petition for writ of certiorari filed by Shauntell Summerall is dismissed. M.R.A.P. 17(b). Order entered.

Franklin v. Mississippi
Date: February 20, 2014
Citation: 2012-KA-01496-SCT
Docket Number: 2012-KA-01496-SCT

Justia Opinion Summary: Ricky Franklin was convicted on one count of kidnapping and on one count of aggravated assault with a deadly weapon. He was sentenced to thirty years and twenty years, respectively, to run consecutively. A mistrial was e...

Cedric D. Russell a/k/a Sedrick Russell v. State of Mississippi
Date: February 13, 2014
Citation: 2009-M-01623
Cedric D. Russell's pro se Motion for Leave to File for Post-Conviction, Motion to Prove by Preponderance of the Evidence that the Petitioner is Entitled to Relief, Motion to Correct Motion to Prove by a Preponderance of the Evidence, Motion to Submit Supporting Affidavit and Motion for Ex Parte Pursuant to the Petitioner's Speedy Trial Issue are denied. Russell's pro se Motion for Mandamus is dismissed as moot. Dickinson, P.J., and Kitchens, J., disagree. Order entered.

Derrick Stokes v. State of Mississippi
Date: February 13, 2014
Citation: 2010-CT-00908-SCT
Petition for writ of certiorari filed by Derrick Stokes is dismissed. M.R.A.P. 17(b). Order entered.

Barry W. Gilmer v. Morris Goodman Builders, Inc.
Date: February 13, 2014
Citation: 2010-CT-01779-SCT
Petition for writ of certiorari filed by Barry W. Gilmer is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Chandler, J. Order entered.

Equifax, Inc. and Equifax Credit Information Services, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission
Date: February 13, 2014
Citation: 2010-CT-01857-SCT
Motion for Stay of Mandate filed by Appellants is granted. The mandate of this Court is recalled upon entry of this order, and is stayed until May 7, 2014. To Grant: All Justices. Order entered.

Public Employees' Retirement System v. Sherry Walker
Date: February 13, 2014
Citation: 2011-CT-00719-SCT
Motion to Amend Mandate filed by Sherry Walker is denied. To Deny: All Justices. Order entered.

Lyons v. Direct General Insurance Company of Mississippi
Date: February 13, 2014
Citation: 2011-CT-00896-SCT
Docket Number: 2011-CT-00896-SCT

Justia Opinion Summary: Machon Lyons suffered severe injuries as the result of an automobile accident. The accident occurred when a vehicle operated by Roderick Holliday left the road and collided with a tree. As a result, Lyons obtained a defa...

Williams v. Mississippi
Date: February 13, 2014
Citation: 2011-CT-00944-SCT
Docket Number: 2011-CT-00944-SCT

Justia Opinion Summary: J. C. Williams was convicted of the sale of cocaine. He was adjudicated a habitual offender and a subsequent drug offender, and as such, his sentence was enhanced to forty years in the custody of the Department of Correc...

Mississippi Department of Revenue v. Isle of Capri Casino, Inc.
Date: February 13, 2014
Citation: 2012-CA-01419-SCT
Docket Number: 2012-CA-01419-SCT

Justia Opinion Summary: The Mississippi Department of Revenue assessed taxes, penalties, and interest against Isle of Capri Casino, Inc. and its affiliated entities for tax years 2004, 2005, 2006, and 2007. The Department based the assessment o...

Collins v. Pinnacle Trust
Date: February 13, 2014
Citation: 2012-CA-01831-SCT
Docket Number: 2012-CA-01831-SCT

Justia Opinion Summary: The Chancery Court appointed conservators over the person and estate of Stuart Irby. Approximately one year later, Karen Collins Irby, Stuart's ex-wife, filed pleadings to invalidate the conservatorship and set aside the...

Earthgrains Bakery Group, Inc. v. Mississippi Dept. of Employment Security
Date: February 13, 2014
Citation: 2012-CC-01522-SCT
Docket Number: 2012-CC-01522-SCT

Justia Opinion Summary: The Mississippi Department of Employment Security determined that distributors for Sara Lee Bakery Group, Inc. (now Earthgrains Bakery Group, Inc.) were agent drivers and commission drivers for Sara Lee, rather than inde...

Lonnie Massey a/k/a Lonnie Gene Massey a/k/a Kenneth Ball v. State of Mississippi
Date: February 13, 2014
Citation: 2012-CT-00121-SCT
Petition for writ of certiorari filed by Lonnie Massey is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Bobby Earl Wilson, Jr. v. Mississippi Department of Corrections
Date: February 13, 2014
Citation: 2012-CT-00630-SCT
Petition for writ of certiorari filed by Bobby E. Wilson, Jr., is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Order entered.

Alisha Vanwey a/k/a Alisha Gadd a/k/a Alisha Renae Gadd a/k/a Alisha Renea Gadd a/k/a Alisha R. Gadd a/k/a Alisha R. Vanwey a/k/a Alisha Renee Van Wey a/k/a Alisha R. Vanway a/k/a Alisha Renee Woods a/k/a Alisha Woods a/k/a Alisha Renae Wey a/k/a Alisha Renae Vanney v. State of Mississippi
Date: February 13, 2014
Citation: 2012-CT-00668-SCT
Petition for writ of certiorari filed pro se by Alisha Vanwey is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Robert E. Lewis, Jr. a/k/a Robert Earl Lewis, Jr. a/k/a Robert Lewis v. State of Mississippi
Date: February 13, 2014
Citation: 2012-CT-00912-SCT
Petition for writ of certiorari filed by Robert E. Lewis, Jr., is denied. To Deny: All Justices. Order entered.

Aaron James Carlson a/k/a Aaron Carlson v. City of Ridgeland
Date: February 13, 2014
Citation: 2012-CT-01091-SCT
Petition for writ of certiorari filed by counsel for Aaron James Carlson is denied. To Deny: All Justices. Order entered.

Sacory Brown a/k/a Cory a/k/a Sacory Gene-Earl Brown v. State of Mississippi
Date: February 13, 2014
Citation: 2012-KA-01544-SCT
Motion for rehearing filed by Appellant is denied.

Stringer v. Mississippi
Date: February 13, 2014
Citation: 2013-KA-00586-SCT
Docket Number: 2013-KA-00586-SCT

Justia Opinion Summary: Minor Zachary Stringer was charged with the murder of his younger brother, Justin. The jury found Zachary guilty of the lesser-included offense of manslaughter. The trial court sentenced Zachary to twenty years, with ten...

Keller v. Mississippi
Date: February 6, 2014
Citation: 2010-DP-00425-SCT
Docket Number: 2010-DP-00425-SCT

Justia Opinion Summary: Jason Lee Keller appealed his conviction for capital murder stemming from the death of Hat Thi Nguyen. After careful consideration of the trial court record, the Supreme Court found no reversible error and affirmed.

Jackson HMA, LLC d/b/a Central Mississippi Medical Center v. Adolfo P. Morales
Date: February 6, 2014
Citation: 2011-CA-01785-SCT
Motion for rehearing filed by Jackson HMA, LLC is denied. Waller, C.J., not participating.

Short v. Short
Date: February 6, 2014
Citation: 2011-CT-01096-SCT
Docket Number: 2011-CT-01096-SCT

Justia Opinion Summary: William Andrew Short (Andy) and Kathryn Taylor Short were divorced in 2007. As part of the divorce judgment, the parties entered into a property, child-support, and child custody agreement stipulating that Andy would pay...

La'Quinta Lewis a/k/a LaQuinta Lewis v. State of Mississippi
Date: February 6, 2014
Citation: 2011-CT-01649-SCT
Petition for writ of certiorari filed by La'Quinta Lewis is denied. To Deny: All Justices. Order entered.

Christopher West a/k/a Chris West v. State of Mississippi
Date: February 6, 2014
Citation: 2011-CT-01708-SCT
Petitions for writ of certiorari filed by Christopher West a/k/a Chris West are denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Baymeadows, LLC v. City of Ridgeland
Date: February 6, 2014
Citation: 2012-CA-01283-SCT
Docket Number: 2012-CA-01283-SCT

Justia Opinion Summary: The Board of Aldermen for the City of Ridgeland denied Baymeadows, LLC's proposed repair plans to correct 1,478 cited code violations, and Baymeadows appealed. Upon review of the Board's decision, the Supreme Court held...

Freddie Webber, Jr. a/k/a Freddie Lee Webber, Jr. a/k/a "Head" a/k/a "Fnu Lnu" v. State of Mississippi
Date: February 6, 2014
Citation: 2012-CT-00115-SCT
Petition for writ of certiorari filed by Freddie Webber is dismissed. Order entered.

Royer Homes of Mississippi, Inc. v. Alison Steiner, Jack G. Price and Adelman & Steiner, P.A.
Date: February 6, 2014
Citation: 2012-CT-00565-SCT
Petition for writ of certiorari filed by Alison Steiner and Adelman & Steiner is denied. To Deny: All Justices. Order entered.

Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala W. Ravenstein, her Natural Mother, Adult next friend, and Guardian ad Litem v. Community Trust Bank f/k/a Madison County Bank and Madison County Financial Corporation
Date: February 6, 2014
Citation: 2012-CT-00659-SCT
Petition for writ of certiorari filed by Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala Ravenstein, her Natural Mother, Adult next friend, and Guardian Ad Litem is granted. To Grant: Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., and Chandler, J. Order entered.

Chakakhan Davis v. Office Max
Date: February 6, 2014
Citation: 2012-CT-01424-SCT
Petition for writ of certiorari filed by Chakakhan Davis, pro se, is denied. To Deny: All Justices. Order entered.

Hill v. Mississippi
Date: February 6, 2014
Citation: 2012-KA-00724-SCT
Docket Number: 2012-KA-00724-SCT

Justia Opinion Summary: Jeffrey Hill was indicted by a grand jury of possession of a firearm on educational property (the campus of Mississippi State University). In two jury trials, Hill represented himself with the assistance and advice of co...

Stewart v. Mississippi
Date: February 6, 2014
Citation: 2012-KA-01828-SCT
Docket Number: 2012-KA-01828-SCT

Justia Opinion Summary: Justin Stewart appealed his convictions of armed robbery and felon in possession of a firearm. Stewart argued that the trial court improperly enhanced his sentence, in violation of his rights against double jeopardy, and...

Ferguson v. Mississippi
Date: February 6, 2014
Citation: 2013-KA-00114-SCT
Docket Number: 2013-KA-00114-SCT

Justia Opinion Summary: James Ferguson challenged the sufficiency of the evidence presented against him at trial. He was convicted on aggravated-assault charges. Furthermore, Ferguson argued he received ineffective assistance of trial counsel....

In Matter of A Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Bennie Ray Saucier
Date: January 30, 2014
Citation: 2010-CT-01222-SCT
Petition for writ of certiorari filed by RSL Funding, LLC and RSL-5B-IL, LTD is denied. To Deny: All Justices. Order entered.

City of Jackson, Mississippi v. Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on Behalf of the Wrongful Death Beneficiaries of Margaret E. Stephens, Deceased
Date: January 30, 2014
Citation: 2011-CT-00787-SCT
Petition for writ of certiorari filed by Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on behalf of the wrongful death beneficiaries of Margaret E. Stephens, deceased, is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Order entered.

Baskin v. Mississippi
Date: January 30, 2014
Citation: 2011-CT-00834-SCT
Docket Number: 2011-CT-00834-SCT

Justia Opinion Summary: Two Winona police officers obtained an arrest warrant for defendant Joel Baskin for aggravated assault. Upon searching defendant, officers found cocaine, which lead to an indictment for possession of cocaine. This case t...

In the Matter of Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Benny Ray Saucier
Date: January 30, 2014
Citation: 2011-CT-01036-SCT
Petition for writ of certiorari filed by RSL Funding, LLC and RSL-5B-IL, LTD is denied. To Deny: All Justices. Order entered.

Saheed Davis v. State of Mississippi
Date: January 30, 2014
Citation: 2011-CT-01549-SCT
Petition for writ of certiorari filed by Saheed Davis is denied. To Deny: All Justices. Order entered.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company
Date: January 30, 2014
Citation: 2011-CT-01552-SCT
Petition for writ of certiorari filed by Crown, Cork & Seal USA, Inc., Pacific Employers Insurance Company and American International South Insurance Company is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Chandler, J. Order entered.

Angela Fancher and the Estate of Luke Kelly Fancher by and through Angela Fancher, Individually and as Personal Representative of the Estate of Luke Kelly Fancher and on Behalf of and for the use and Benefit of the Wrongful Death Beneficiaries of Luke Kelly Fancher v. Charles T. Haley, M.D.
Date: January 30, 2014
Citation: 2012-CA-01139-SCT
Lamar, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Smith, Jr. v. Banks
Date: January 30, 2014
Citation: 2012-CA-01850-SCT
Docket Number: 2012-CA-01850-SCT

Justia Opinion Summary: Ralph Smith, Jr. appealed the circuit court's decision to deny his habeas corpus petition. After review of the habeas court's record and Smith's petition, the Supreme Court concluded Smith was not entitled to habeas reli...

Jaquita Haywood a/k/a Joquita Haywood a/k/a Jacquita Haywood a/k/a Jaquita Haywood a/k/a "TeTe" v. State of Mississippi
Date: January 30, 2014
Citation: 2012-CT-00219-SCT
Petition for writ of certiorari filed pro se by Jaquita Haywood is denied. To Deny: All Justices. Order entered.

Kenneth Eugene Fox, Sr. a/k/a Kenneth Fox a/k/a Kenneth E. Fox a/k/a Kenneth E. Fox, Sr. v. State of Mississippi
Date: January 30, 2014
Citation: 2012-CT-00238-SCT
Petition for writ of certiorari filed pro se by Kenneth Eugene Fox, Sr., is denied. To Deny: All Justices. Order entered.

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