Supreme Court of Mississippi Decisions 2015
Opinions 501 - 610 of 610
Date: February 26, 2015
Citation: 2013-CT-00097-SCT
The Petition for Writ of Certiorari filed by Scott Herman Bates is granted. To Grant: All Justices. Order entered.
Date: February 26, 2015
Citation: 2013-CT-00183-SCT
The Petition for Writ of Certiorari filed by counsel for Christopher Patrick Jordan 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.
Date: February 26, 2015
Citation: 2013-CT-00575-SCT
Docket Number: 2013-CT-00575-SCT
Justia Opinion Summary: In 1982, Antonio Williams pled guilty to two counts of burglary. The trial judge sentenced him to three years' imprisonment on one count, and five years' imprisonment on the other. Then, in 1987, a jury convicted…
Date: February 26, 2015
Citation: 2013-CT-00965-SCT
The Petition for Writ of Certiorari filed by Rufus Brooks, Jr., is denied. To Deny: All Justices. Order entered.
Date: February 26, 2015
Citation: 2014-CA-00008-SCT
Date: February 19, 2015
Citation: 2012-BA-01711-SCT
The Appellant's Motion for Rehearing on its Motion for Costs is denied. To Grant: Waller, C.J., Randolph, P.J., and Lamar, J. Order entered.
Date: February 19, 2015
Citation: 2012-CA-01423-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: February 19, 2015
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. 2010, B.D. executed a will which significantly altered the distributions that were in a previous…
Date: February 19, 2015
Citation: 2012-CT-00863-SCT
The Petition for Writ of Certiorari filed by Jordan Davis is granted. To Grant: All Justices. Order entered.
Date: February 19, 2015
Citation: 2012-CT-01032-SCT
The Petition for Writ of Certiorari filed by Christopher Lee Baxter is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J.
Date: February 19, 2015
Citation: 2012-CT-01300-SCT
The Petition for Writ of Certiorari filed by Glenda Cascio is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., and Coleman, J. Order entered.
Date: February 19, 2015
Citation: 2012-CT-01629-SCT
The Motion for Suspension of the Rules and Reconsideration of Dismissal of Timely Filed Petition for Certiorari as "Untimely" filed by Petitioners is granted. The order of this Court dated January 14, 2015, dismissing the Petition for Writ of Certiorari filed by Petitioners as untimely filed, is vacated. Chandler, J., would deny. Waller, C.J., not participating. Order entered.
Date: February 19, 2015
Citation: 2013-CA-01842-SCT
Docket Number: 2013-CA-01842-SCT
Justia Opinion Summary: The issue this case presented for the Supreme Court's review stems from a dispute between Sheriff Tyrone Lewis of Hinds County and the judges' chambers of the Hinds County Circuit Court over the role of bailiffs. Lewis…
Date: February 19, 2015
Citation: 2013-CT-02024-SCT
The Petition for Writ of Certiorari filed by Kevin Warren 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.
Date: February 19, 2015
Citation: 2013-EC-00928-SCT
The Motion for Rehearing filed by Dimp Powell is denied.
Date: February 19, 2015
Citation: 2013-KA-01683-SCT
Docket Number: 2013-KA-01683-SCT
Justia Opinion Summary: Zachary Barnes was convicted of burglary of a dwelling and sentenced to twenty-five years in prison, with twenty years to serve and five years' post-release supervision. He appealed that conviction to the Supreme Court,…
Date: February 19, 2015
Citation: 2014-M-01303-SCT
Before the Court en banc is the Petitioners' Motion to Grant Petition for Interlocutory Appeal and to consolidate Interlocutory Appeals. Until such time as the parties inform this Court of the chancellor's ruling on Petitioners' Motion to Compel Arbitration, this Court will entertain no further pleadings in the case. Order entered.
Date: February 12, 2015
Citation: 2012-CA-01458-SCT
Docket Number: 2012-CA-01458-SCT
Justia Opinion Summary: Ted Boroujerdi’s home and yard were flooded with sewage that backed onto his property in February 2009. Boroujerdi sued the City of Starkville, alleging that he had suffered property damage and personal injuries as a…
Date: February 12, 2015
Citation: 2012-CT-00030-SCT
Docket Number: 2012-CT-00030-SCT
Justia Opinion Summary: Attorneys representing the administratrix of an estate settled wrongful-death claims under two insurance policies without filing a wrongful-death lawsuit. The proceeds of the settlement of the first policy were…
Date: February 12, 2015
Citation: 2012-CT-01449-SCT
The Petition for Writ of Certiorari filed by Rickey King, Individually and as Executor of the Estate of Elizabeth Carol King, 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.
Date: February 12, 2015
Citation: 2012-CT-01507-SCT
The Petition for Writ of Certiorari filed by Barbara Ann Thompson Bolton 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.
Date: February 12, 2015
Citation: 2012-KA-01781-SCT
Docket Number: 2012-KA-01781-SCT
Justia Opinion Summary: Larry Wells was convicted of possessing cocaine with the intent to distribute. The trial court sentenced Wells to sixty years in the custody of the Mississippi Department of Corrections without parole, as a recidivist…
Date: February 12, 2015
Citation: 2012-UR-01108-SCT
Docket Number: 2012-UR-01108-SCT
Justia Opinion Summary: Thomas Blanton sought judicial review of certain rate increases approved by the Public Service Commission for Mississippi Power Company (“MPC”). An examination of controlling law and statutes, the Constitutions of the…
Date: February 12, 2015
Citation: 2013-CA-00882-SCT
Docket Numbers: 2013-CA-00882-SCT, 1999-DP-01185-SCT, 1996-DP-00943-SCT
Justia Opinion Summary: Willie Manning appealed a trial court order denying him post-conviction relief. This appeal stemmed from Manning’s conviction of brutally murdering two elderly women in Starkville. The only witness to testify that he saw…
Date: February 12, 2015
Citation: 2013-CA-01511-SCT
The Motion for Rehearing filed by Appellants is denied. Pierce, J., not participating.
Date: February 12, 2015
Citation: 2013-CA-01601-SCT
Docket Number: 2013-CA-01601-SCT
Justia Opinion Summary: After divorce, a chancellor awarded physical custody of two minor children to their father. The mother appealed, claiming the guardian ad litem’s investigation was inadequate. Because after review, the Supreme Court…
Date: February 12, 2015
Citation: 2013-CT-00024-SCT
The Petition for Writ of Certiorari filed by Isle of Capri Casinos, Inc., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Deny: Kitchens, Chandler and King, JJ. Order entered.
Date: February 12, 2015
Citation: 2013-CT-00058-SCT
The Petition for Writ of Certiorari filed by Charles Bester is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Pierce and Coleman, JJ. Order entered.
Date: February 12, 2015
Citation: 2013-CT-00063-SCT
The Petition for Writ of Certiorari filed by James Albert Hanlin is granted. To Grant: All Justices. Order entered.
Date: February 12, 2015
Citation: 2013-DR-01624-SCT
The Court en banc, finds that the Petition for Extraordinary Relief: Motion to Require Circuit Court to Entertain Discovery is granted. The trial court is ordered to rule on all pending motions for discovery within thirty (30) days from the date of entry of this order. The clerk shall immediately forward a copy of such order(s) to this Court. It is further ordered that the Motion to Stay Post-Conviction Proceedings is granted. The post-conviction proceedings in this matter are stayed for a period of sixty (60) days from the entry of this order. Order entered.
Date: February 12, 2015
Citation: 2013-IA-00666-SCT
The Motion for Rehearing filed by Appellee is denied. Dickinson, P.J., Lamar, Pierce and Coleman, JJ., would grant.
Date: February 12, 2015
Citation: 2013-KA-01800-SCT
Docket Number: 2013-KA-01800-SCT
Justia Opinion Summary: Sheila Ealey gave birth to a baby boy in a hotel room, wrapped the baby in a comforter, put him in a suitcase, and left the suitcase behind her church. A jury found her guilty of capital murder with the underlying felony…
Date: February 12, 2015
Citation: 2013-UR-00477-SCT
The Mississippi Public Service Commission and the Mississippi Power Company's Joint Motion to Dismiss Cross Appeal for Mootness or, in the alternative, Lack of Ripeness is denied. Thomas A. Blanton's Motion to Stay Joint Motion to Dismiss with Prejudice filed in Cause No. 2013-CA-00043 and Mississippi Power Company's Motion to Strike or, in the alternative, Response to Motion to Stay Joint Motion to Dismiss with Prejudice filed in Cause No. 2013-CA-00043 are dismissed as moot. Order entered.
Date: February 12, 2015
Citation: 2014-DR-00849-SCT
Date: February 12, 2015
Citation: 2015-M-00151-SCT
The Court en banc, finds that the Petition for Interlocutory Appeal and For Stay of Trial Court Actions is denied. The Court further finds that the Motion for Stay of Trial Court Actions is dismissed as moot. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Order entered.
Date: February 5, 2015
Citation: 2010-CT-01780-SCT
Docket Number: 2010-CT-01780-SCT
Justia Opinion Summary: Terry Hye, Jr. was convicted of capital murder, for which he received a life sentence without the possibility of parole. The Court of Appeals affirmed Hye’s conviction but vacated and remanded his sentence as…
Date: February 5, 2015
Citation: 2013-CA-00518-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: February 5, 2015
Citation: 2013-CT-00037-SCT
The appeal is dismissed with prejudice, with the parties to bear their own costs. To Grant: All Justices. Order entered.
Date: February 5, 2015
Citation: 2013-CT-00060-SCT
The Petition for Writ of Certiorari filed pro se by Edmond K. Brown, Jr., is denied. To Deny: All Justices. Order entered.
Date: February 5, 2015
Citation: 2013-CT-00286-SCT
The Petition for Writ of Certiorari filed by the City of Richland, Mississippi and Mayor & Board of Aldermen of the City of Richland is granted. To Grant: Waller, C.J., Pierce, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens and Chandler, JJ. Order entered.
Date: February 5, 2015
Citation: 2013-CT-00305-SCT
The Petition for Writ of Certiorari filed by Michael Deon Taylor 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.
Date: February 5, 2015
Citation: 2013-CT-00571-SCT
The Petition for Writ of Certiorari filed by Daniel Wayne Byers is denied. To Deny: All Justices. Waller, C.J., not participating. Order entered.
Date: February 5, 2015
Citation: 2013-CT-00596-SCT
The Petition for Writ of Certiorari filed by Jeffery Ramer is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Order entered.
Date: February 5, 2015
Citation: 2013-CT-01013-SCT
The Petition for Writ of Certiorari filed by Timothy Lee Carr, pro se, 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.
Date: February 5, 2015
Citation: 2013-KA-01742-SCT
Docket Number: 2013-KA-01742-SCT
Justia Opinion Summary: Marvin Kirk was tried and convicted of aggravated domestic violence. He was sentenced as a habitual offender to twenty years in the custody of the Mississippi Department of Corrections. The State alleged that Kirk twice…
Date: February 5, 2015
Citation: 2014-M-01563
The Petition for Right to Sue filed by James R. Foster is denied. To Deny: All Justices. Order entered.
Date: January 29, 2015
Citation: 2012-CA-01695-SCT
The Motion for Rehearing filed by Appellants is denied. Randolph, P.J., and Lamar, J., would grant. Pierce, J., not participating.
Date: January 29, 2015
Citation: 2012-CT-00497-SCT
The Petition for Writ of Certiorari filed by Milton Reed is denied. To Deny: All Justices. Order entered.
Date: January 29, 2015
Citation: 2012-CT-00519-SCT
The Petition for Writ of Certiorari filed by B.J. Enterprises of Mississippi, LLC is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.
Date: January 29, 2015
Citation: 2012-CT-00663-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant. Waller, C.J., not participating.
Date: January 29, 2015
Citation: 2013-CA-00401-SCT
The Motion for Rehearing filed by the Appellees is denied. Waller, C.J., Dickinson, P.J., and Pierce, J., would grant. Coleman, J., not participating.
Date: January 29, 2015
Citation: 2013-CA-01213-SCT
On the Court's own motion, the en banc Court finds that supplemental briefing is required. The parties are required to file, simultaneously, within thirty (30) days after the entry of this order, their supplemental briefs addressing the questions stated in the order, which shall not exceed forty (40) pages. It is further ordered that, counsel for the parties shall appear before this Court for en banc oral argument on April 8, 2015, at 1:30 p.m. Order entered.
Date: January 29, 2015
Citation: 2013-CT-00359-SCT
The Petition for Writ of Certiorari filed by Scote Renfro is denied. To Deny: All Justices. Order entered.
Date: January 29, 2015
Citation: 2013-CT-00410-SCT
Docket Number: 2013-CT-00410-SCT
Justia Opinion Summary: Yvonne Lovett was employed as a security guard for Delta Regional Medical Center. While on duty, Lovett slipped and fell. As a result of her fall, Lovett experienced injuries to her back and to her right knee. Months…
Date: January 29, 2015
Citation: 2013-CT-00685-SCT
The Petition for Writ of Certiorari filed by Joe O'Neal 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.
Date: January 29, 2015
Citation: 2013-CT-00762-SCT
The Petition for Writ of Certiorari filed by Cliff Hensley is 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.
Date: January 29, 2015
Citation: 2013-CT-01106-SCT
The Petition for Writ of Certiorari filed pro se by Emanuel Sanders is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, Chandler, and King, JJ. To Dismiss: Waller, C.J., Lamar, Pierce, and Coleman, JJ. Order entered.
Date: January 29, 2015
Citation: 2013-IA-01074-SCT
The Motion for Rehearing filed by the Appellees is denied. Kitchens, Chandler and King, JJ., would grant.
Date: January 29, 2015
Citation: 2013-IA-01162-SCT
Docket Number: 2013-IA-01162-SCT
Justia Opinion Summary: Richard Pierce had silicosis. Having worked for many years as a sandblaster, preparing surfaces for painting, Pierce sued, among multiple defendants, sellers of sand including Dependable Abrasives, alleging that…
Date: January 29, 2015
Citation: 2013-KA-00520-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, J., would grant. King, J., not participating.
Date: January 29, 2015
Citation: 2014-IA-01576-SCT
The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. 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. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.
Date: January 29, 2015
Citation: 2014-IA-01577-SCT
The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. 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. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.
Date: January 29, 2015
Citation: 2014-IA-01578-SCT
The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. 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. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.
Date: January 29, 2015
Citation: 2014-TS-01084
The Court, en banc, on its own motion, finds that the appeal should be dismissed as untimely. The appeal is dismissed. Coleman, J., Agrees in Part and In Result without separate written opinion. Order entered.
Date: January 22, 2015
Citation: 2010-CT-00307-SCT
The Petition for Writ of Certiorari filed by Cherri R. Porter is Granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., and Pierce, J. Not Participating: Coleman, J. Order entered.
Date: January 22, 2015
Citation: 2012-CT-00305-SCT
The Petition for Writ of Certiorari filed by Marvelle Pryor, pro se, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Dismiss: Waller, C.J., Pierce and Coleman, JJ. Order entered.
Date: January 22, 2015
Citation: 2012-CT-00357-SCT
Docket Number: 2012-CT-00357-SCT
Justia Opinion Summary: In 2006, Tellus Operating Group, LLC, sought to integrate the interests of various owners for the purpose of drilling a well unit in Jefferson Davis County. In accordance with its statutory duty to make a good-faith…
Date: January 22, 2015
Citation: 2012-CT-01163-SCT
The Appellee's Petition for Writ of Certiorari filed by Rankin County School District 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.
Date: January 22, 2015
Citation: 2012-CT-01237-SCT
Docket Number: 2012-CT-01237-SCT
Justia Opinion Summary: In 2011, the New Albany Police Department received a report that shots had been fired in the vicinity of Madison Street, Garfield Street, or Hayes Street. The Union County prosecuting attorney filed a petition alleging…
Date: January 22, 2015
Citation: 2012-CT-01280-SCT
Docket Number: 2012-CT-01280-SCT
Justia Opinion Summary: Craig Sallie was convicted of aggravated assault for shooting Gregory Johnson in the back with a firearm, as well as of possession of a firearm by a convicted felon. He was sentenced to twenty years for the aggravated…
Date: January 22, 2015
Citation: 2012-CT-01629-SCT
The Petition for Writ of Certiorari filed by Highland Park Apartments, LLC and Sharon Sampson is dismissed as untimely filed. To Dismiss: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: King, J. To Grant: Randolph, P.J., Not Participating: Waller, C.J. Order entered.
Date: January 22, 2015
Citation: 2012-CT-01715-SCT
The Petition for Writ of Certiorari filed by Johnny Lee Floyd is denied. To Deny: All Justices. Order entered.
Date: January 22, 2015
Citation: 2012-CT-01793-SCT
The Petition for Writ of Certiorari filed by Cherri R. Porter is Granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., and Pierce, J. Not Participating: Coleman, J. Order entered.
Date: January 22, 2015
Citation: 2012-CT-01883-SCT
The Petition for Writ of Certiorari filed by Greg Williams is dismissed as untimely filed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J. To Grant: King, J. Order entered.
Date: January 22, 2015
Citation: 2012-IA-01876-SCT
The Textron Parties' Motion to Require Appellees to Produce Fee Agreement for the Court's In Camera Review is denied. The Leons' Motion to Retax Costs is denied in part and granted in part. The Leons' request for the Textron Parties to pay all costs of appeal is denied. The Leons' request that costs be retaxed is granted in part, and the Leons are not required to pay the Textron Parties' expenses. Each party is ordered to bear its own costs. Dickinson, P.J., Disagrees. Order entered.
Date: January 22, 2015
Citation: 2013-CA-01404-SCT
Docket Number: 2013-CA-01404-SCT
Justia Opinion Summary: Katherine Robertson pled guilty to aggravated assault in 2006. In 2012, Governor Haley Barbour granted Robertson a pardon, and she filed a motion to have her record expunged. The circuit judge denied the motion, and…
Date: January 22, 2015
Citation: 2013-CT-00608-SCT
The Petition for Writ of Certiorari filed by Patrick Fluker 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.
Date: January 22, 2015
Citation: 2013-IA-01261-SCT
Docket Numbers: 2013-IA-01261-SCT, 2013-IA-01268-SCT
Justia Opinion Summary: Early one morning in 2010, Chantel Jobes’ vehicle left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured in the accident, and she…
Date: January 22, 2015
Citation: 2013-SA-01353-SCT
Docket Number: 2013-SA-01353-SCT
Justia Opinion Summary: Over thirty years ago, Richard Chunn pleaded guilty to possessing marijuana. That conviction did not prevent him from pursuing his twenty-plus-year career as a licensed bail-bond agent. Then, in 2011, the Legislature…
Date: January 15, 2015
Citation: 2011-CA-01664-SCT
Motion for Rehearing filed by Appellants is denied. Kitchens, Chandler, King and Coleman, JJ., would grant.
Date: January 15, 2015
Citation: 2012-CA-01748-SCT
Docket Number: 2012-CA-01748-SCT
Justia Opinion Summary: The City of Horn Lake contracted with Phillips Construction Company and its owner Michael Phillips to work on a sewer project. Two employees of Phillips, Bertram Hill and David Mooneyhan, were working near the bottom of…
Date: January 15, 2015
Citation: 2012-CT-00763-SCT
Motion for Rehearing filed by Appellant is denied. Lamar, J., would grant.
Date: January 15, 2015
Citation: 2012-CT-00811-SCT
Petition for Writ of Certiorari filed by Appellee Banks, Finley, White & Co. of Mississippi, P.C., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Pierce, King and Coleman, JJ. To Deny: Lamar, Kitchens and Chandler, JJ. Order entered.
Date: January 15, 2015
Citation: 2012-CT-01198-SCT
Petition for Writ of Certiorari filed by Anna Cladakis is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King, and Coleman, JJ. To Grant: Waller, C.J., and Chandler, J. Order entered.
Date: January 15, 2015
Citation: 2012-CT-02004-SCT
Petition for Writ of Certiorari filed by Vance Drummer is granted. To Grant: All Justices. Order entered.
Date: January 15, 2015
Citation: 2012-KA-01654-SCT
Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: January 15, 2015
Citation: 2013-CA-00369-SCT
Motion for Rehearing filed by Appellant is denied. Waller, C.J., Kitchens and King, JJ., would grant.
Date: January 15, 2015
Citation: 2013-CA-00420-SCT
Appellant's motion to extend the stay of appeal which was previously granted by this Court is well-taken and should be granted. This matter shall be stayed until February 27, 2015, to allow parties additional time to finalize and consummate the compromise resolution of the pending claims. Not Participating: Dickinson, P.J. Order entered.
Date: January 15, 2015
Citation: 2013-CA-01392-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.
Date: January 15, 2015
Citation: 2013-CT-00262-SCT
Petition for Writ of Certiorari filed by Anna Cladakis is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King, and Coleman, JJ. To Grant: Waller, C.J., and Chandler, J. Order entered.
Date: January 15, 2015
Citation: 2013-IA-01291-SCT
Motion for Rehearing filed by Appellee is denied. Dickinson, P.J., Lamar, Kitchens and King, JJ., would grant.
Date: January 15, 2015
Citation: 2013-KA-00435-SCT
Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
Date: January 15, 2015
Citation: 2013-KA-00948-SCT
Docket Number: 2013-KA-00948-SCT
Justia Opinion Summary: Richard Bowlin's daughter Ashley Matthews offered to act as an undercover informant for police to purchase drugs from her father. When Matthews arrived at Bowlin's home, she went into his house, where he sold her four…
Date: January 15, 2015
Citation: 2013-KA-01156-SCT
Daryl Shinn's Petition for Rehearing is granted. The original opinion is withdrawn. Briefing is reopened and shall proceed upon the foregoing schedule as set out in the order. Order entered.
Date: January 15, 2015
Citation: 2014-M-01803-SCT
Petition for Interlocutory Appeal and the Motion for Stay filed by counsel for Richard Lamar Green are denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King, and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: January 15, 2015
Citation: 89-R-99010-SCT
Petition to Amend Certain Rules of the Rules of Discipline for The Mississippi State Bar and to Adopt Rules to Separately Establish The Mississippi Lawyers and Judges Assistance Program is well-taken and should be granted. The Rules of Discipline for the Mississippi State Bar are amended as set forth in Exhibit A, and the Rules of The Mississippi Lawyers and Judges Assistance Program are adopted as set forth in Exhibit B. This amendment and adoption are effective immediately. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: All Justices. Order entered.</ul><br><hr>
Date: January 8, 2015
Citation: 2012-CT-00226-SCT
Petition for Writ of Certiorari filed by John Jackson is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King, and Coleman, JJ. To Grant: Dickinson, P.J., and Pierce, J. Order entered.
Date: January 8, 2015
Citation: 2012-CT-01258-SCT
Motion for Rehearing filed by Edward Shannon Borden is denied. Dickinson, P.J., and Lamar, J., would grant.
Date: January 8, 2015
Citation: 2012-CT-01574-SCT
Petition for Writ of Certiorari filed pro se by Richard Chapman 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.
Date: January 8, 2015
Citation: 2012-CT-01608-SCT
Petition for Writ of Certiorari filed by David Lavor Anderson is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Order entered.
Date: January 8, 2015
Citation: 2012-CT-01777-SCT
Petition for Writ of Certiorari filed by Grand Casinos of Mississippi, Inc.- Biloxi is granted. To Grant: Lamar, Chandler, Pierce, and Coleman, JJ. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens and King, JJ. Order entered.
Date: January 8, 2015
Citation: 2012-KA-02051-SCT
Docket Number: 2012-KA-02051-SCT
Justia Opinion Summary: A jury convicted Kendrick Cowart (a/k/a "Rat") of armed robbery and conspiracy, and acquitted him of murder and manslaughter. The trial court sentenced him to fifty-three years: forty-eight years for armed robbery and…
Date: January 8, 2015
Citation: 2013-CA-00939-SCT
Docket Number: 2013-CA-00939-SCT
Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether The Hotboxxx, LLC, has standing to bring suit challenging the constitutionality of a zoning ordinance passed by the City of Gulfport.…
Date: January 8, 2015
Citation: 2013-CT-00081-SCT
Petition for Writ of Certiorari filed by Kenneth M. Crook is granted. To Grant: Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: January 8, 2015
Citation: 2013-CT-00173-SCT
Petition for Writ of Certiorari filed by Eric Wallace is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.
Date: January 8, 2015
Citation: 2013-CT-00501-SCT
Petition for Writ of Certiorari filed by Robert Williams is denied. To Deny: All Justices. Order entered.
Date: January 8, 2015
Citation: 2013-CT-01186-SCT
Petition for Writ of Certiorari filed pro se by Willie James Allen is dismissed. Order entered.
Date: January 8, 2015
Citation: 2013-IA-01095-SCT
Docket Number: 2013-IA-01095-SCT
Justia Opinion Summary: Tallahatchie General Hospital moved to dismiss a medical malpractice claim filed against it because the plaintiffs failed to provide it with proper presuit notice before the expiration of the one-year statute of…
Date: January 8, 2015
Citation: 2013-KA-00389-SCT
Docket Number: 2013-KA-00389-SCT
Justia Opinion Summary: A jury convicted Frederick Bell of capital murder and sentenced him to death in 1993. He was later declared mentally retarded and, therefore, his death sentence was unconstitutional under "Atkins v. Virginia," (536 U.S.…
Date: January 8, 2015
Citation: 89-R-99039
On the Court's own motion, finding that certain appointments expire on December 31, 2014, the en banc Court now makes the following appointments 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>
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