Supreme Court of Mississippi Decisions 2011
Date: December 15, 2011
Citation: 2007-CT-01576-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Deny: Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
Date: December 15, 2011
Citation: 2008-CT-02133-SCT
Justia Opinion Summary: The Court of Appeals reversed Defendant David Trejo's conviction and sentence for possession of a controlled substance with intent to distribute, finding the State had violated Defendant's Fourth Amendment right against…
Date: December 15, 2011
Citation: 2009-CT-00854-SCT
Petition for writ of certiorari filed by Dante Lamar Evans is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: December 15, 2011
Citation: 2009-CT-01019-SCT
Petition for writ of certiorari filed by Bobbie Sue Kimbrough is denied. To Deny: All Justices. Order entered.
Date: December 15, 2011
Citation: 2009-CT-01365-SCT
Petition for writ of certiorari filed by St. Dominic-Jackson Memorial Hospital is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Deny: Lamar and Kitchens, JJ. Not Participating: Chandler and King, JJ. Order entered.
Date: December 15, 2011
Citation: 2009-CT-01968-SCT
Justia Opinion Summary: Frank Nichols, individually and as executor of Annie Hobson Nichols’s estate, petitioned the Chancery Court for the First Judicial District of Hinds County to remove his sister, Shirlee Phillips, and Kathryn Kennington…
Date: December 15, 2011
Citation: 2010-BR-00716-SCT
It is therefore ordered that Motion for Expedited Consideration of Motion 2011-2623, Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement is granted. It is further ordered that the Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement, the Supplemental and Amended Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement, and the Second Supplemental and Amended Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement are granted. It is further ordered that Barrett B. Daly be reinstated to the practice of law. It is further ordered that Barrett B. Daly's name be restored to the Bar Roll of this Court. Order entered.</ul><br><hr>
Date: December 15, 2011
Citation: 2010-CA-00109-SCT
Justia Opinion Summary: Following the destruction of their home in Hurricane Katrina, Michael and Mary Robichaux filed suit in October, 2006, in the circuit court against their insurers, Nationwide Mutual Fire Insurance Company (Nationwide) and…
Date: December 15, 2011
Citation: 2010-CA-01924-SCT
Motion for rehearing filed by Honeywell International, Inc., is denied.
Date: December 15, 2011
Citation: 2010-CT-00158-SCT
Petition for writ of certiorari filed pro se by Bobby Earl Wilson, Jr., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: December 15, 2011
Citation: 2010-CT-00783-SCT
Petition for writ of certiorari filed by Andrew Matthies is granted. To Grant: All Justices. Order entered.
Date: December 15, 2011
Citation: 2010-CT-00971-SCT
Petition for writ of certiorari filed by the City of Cleveland is granted. To Grant: Carlson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Dickinson, P.J., Randolph and Lamar, JJ. Order entered.
Date: December 15, 2011
Citation: 2010-CT-01882-SCT
Motion for writ of certiorari filed pro se by Jerry Tyrone Parker is dismissed. M.R.A.P. 17(b). Order entered.
Date: December 15, 2011
Citation: 2011-IA-00280-SCT
Date: December 15, 2011
Citation: 2011-JP-00319-SCT
Justia Opinion Summary: Tunica County Circuit Court Judge Albert B. Smith III acknowledged that he abused his contempt powers and exhibited poor courtroom demeanor in several cases before him from 2006 to 2009. The Mississippi Commission on…
Date: December 15, 2011
Citation: 2011-M-00863
Application for Leave to File Petition for Post-Conviction Collateral Relief is dismissed as procedurally barred. Any further frivolous filings may subject Manning to sanctions, pursuant to Rule 22(a) of the Mississippi Rules of Appellate Procedure. To Dismiss: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson, P.J. Order entered.
Date: December 15, 2011
Citation: 2011-TS-00831-SCT
The Motion to Dismiss Appeal filed by the State of Mississippi is denied. The interlocutory appeal currently pending before this court in case No. 2011-IA-00280 shall be consolidated with the instant case. The consolidated cases shall be remanded to the Circuit Court of Rankin County for consideration of all issues. Rankin County taxed with costs of appeal. Agreed: All Justices. Randolph, J., for the Court. Order entered.
Date: December 8, 2011
Citation: 2009-CA-00559-SCT
Docket Number: 2009-CA-00559-SCT
Justia Opinion Summary: Roxco, Ltd. was hired as the general contractor for several public-construction projects for the State of Mississippi, including four building projects at the University of Mississippi, Jackson State University, and…
Date: December 8, 2011
Citation: 2009-CA-01866-SCT
Motion for rehearing filed by Appellee is denied. Kitchens, J., would deny and substitute opinion. Chandler, J., would grant. Lamar, J., not participating.
Date: December 8, 2011
Citation: 2009-CT-01758-SCT
Petition for writ of certiorari filed pro se by Charles Davis, Jr., is denied. To Deny: All Justices. Order entered.
Date: December 8, 2011
Citation: 2010-CA-01010-SCT
Motion for rehearing filed by Roger Eric Thorson is denied.
Date: December 8, 2011
Citation: 2010-CT-00248-SCT
Petition for writ of certiorari filed by Mark Kee Brown is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Kitchens, J. Not Participating: Dickinson, P.J. Order entered.
Date: December 8, 2011
Citation: 2010-CT-00951-SCT
Petition for writ of certiorari filed pro se by Larry Evans is denied. To Deny: All Justices. Order entered.
Date: December 8, 2011
Citation: 2010-IA-00149-SCT
Docket Numbers: 2010-IA-00149-SCT, 2010-IA-00153-SCT
Justia Opinion Summary: In 2006, a fire consumed an apartment building rented by Plaintiffs Paul Whittington, Jr. and Westbrook Cooper. Mr. Whittington died from injuries he sustained in the fire, while Mr. Cooper was injured but survived. The…
Date: December 1, 2011
Citation: 2007-M-00339
Request for Striking Portions of the Defendant's Motion and Request for Sanctions filed by Judge Tomie Green is dismissed. The Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and Alternatively to Clarify filed by Judge Tomie Green is dismissed. The Response to Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and in the Alternative to Clarify and Specific Request for a Standing Order Recusing Judge Green in all Existing and Future Cases filed by Counsel for Frank Melton filed by Dale Danks, Jr., Merrida Coxwell, Jr. and Michael V. Cory, Jr., is dismissed. It is further ordered that the following material be stricken from this file: Defendant's Emergency Application for Extraordinary Relief Under Rules 21(c), 21(e) and 27 of the Mississippi Rules of Appellate Practice Requesting that this Court Enter an Order Recusing Judge Tomie Green and Vacating Criminal Arrest Warrant Issued by Judge Green, or in the Alternative Staying the Warrant Pending Final Resolution of These Issues by this Court, pp. 4-6, paragraphs 6-8, Exhibit 33 Defendant's Supplemental Emergency Application for Extraordinary Relief Under Rules 21(c), 21(e) and 27 of the Mississippi Rules of Appellate Practice Requesting that this Court Enter an Order Recusing Judge Tomie Green and Vacating Criminal Arrest Warrant Issued by Judge Green, or in the Alternative Staying the Warrant Pending Final Resolution of These Issues by this Court, p. 3, paragraph 2 Response to Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and in the Alternative to Clarify and Specific Request for a Standing Order Recusing Judge Green in all Existing and Future Cases filed by Counsel for Frank Melton, p. 2, sections II and III, pages 3-10, Exhibits 2, 3 and 4. Order entered.
Date: December 1, 2011
Citation: 2008-CT-02055-SCT
Petition for writ of certiorari filed pro se by Robert Mitchell Hilliard is dismissed. M.R.A.P. 17(b). Order entered.
Date: December 1, 2011
Citation: 2008-CT-02092-SCT
Petition for writ of certiorari filed by Marvin Berry is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: December 1, 2011
Citation: 2009-CT-00953-SCT
Petition for writ of certiorari filed by Robert D. Evans is denied. To Deny: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Chandler, JJ. To Grant: Dickinson, P.J., Randolph and Pierce, JJ. Not Participating: King, J. Order entered.
Date: December 1, 2011
Citation: 2009-CT-01061-SCT
Motion for rehearing filed by Gary Allen Glidden is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.
Date: December 1, 2011
Citation: 2009-CT-01442-SCT
Petition for writ of certiorari filed by Robert D. Evans is denied. To Deny: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Chandler, JJ. To Grant: Dickinson, P.J., Randolph and Pierce, JJ. Not Participating: King, J. Order entered.
Date: December 1, 2011
Citation: 2009-CT-01714-SCT
Petition for writ of certiorari filed by counsel for Brenda Burson Perkins is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
Date: December 1, 2011
Citation: 2009-CT-01874-SCT
Petition for writ of certiorari filed by Don F. McElroy is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J. Order entered.
Date: December 1, 2011
Citation: 2010-CA-00719-SCT
Appellees' Motion to Re-Tax Costs on Appeal is granted in part and denied in part. The parties are to split the costs of appeal equally Appellants and Appellees are hereby each taxed with one half of the costs of appeal. Pierce, J., not participating. Order entered.
Date: December 1, 2011
Citation: 2010-CA-00814-SCT
Docket Number: 2010-CA-00814-SCT
Justia Opinion Summary: In 2010, sixteen death-sentenced inmates, including Steve Knox (the inmates), filed a complaint in the Chancery Court. The essence of their complaint was that due to defects in both the statutory structure and the…
Date: December 1, 2011
Citation: 2010-CC-01077-SCT
Docket Number: 2010-CC-01077-SCT
Justia Opinion Summary: Meadowbrook Health and Rehab, LLC, filed an application for a certificate of need (CON) with the Mississippi Department of Health (DOH) to build a nursing home in Lauderdale County. The DOH staff recommended that the…
Date: December 1, 2011
Citation: 2010-CT-00633-SCT
Petition for writ of certiorari filed by Willie Ray Lay is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: December 1, 2011
Citation: 2010-CT-00980-SCT
Petition for writ of certiorari filed by Dave C. Terry is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.
Date: December 1, 2011
Citation: 2010-CT-01253-SCT
Petition for writ of certiorari filed by counsel for Janice C. Cooper is denied. To Deny: All Justices. Order entered.
Date: December 1, 2011
Citation: 2010-KA-00397-SCT
Docket Number: 2010-KA-00397-SCT
Justia Opinion Summary: Defendant Brian Holliman was convicted for killing his wife. He was sentenced to life in prison. Defendant appealed his conviction and sentence, arguing to the Supreme Court that the prosecutor in his case made an…
Date: December 1, 2011
Citation: 2010-KA-00511-SCT
Motion for rehearing filed by Michael Shane Richardson is denied.
Date: December 1, 2011
Citation: 2010-KA-00678-SCT
Motion for rehearing filed by the State of Mississippi is denied. Chandler, J., would grant.
Date: December 1, 2011
Citation: 2011-JP-01280-SCT
Docket Number: 2011-JP-01280-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance (Commission) filed a Formal Complaint charging Youth Court Judge Leigh Ann Darby with violating various Canons of the Mississippi Code of Judicial Conduct and with…
Date: November 17, 2011
Citation: 2009-CT-00552-SCT
Docket Number: 2009-CT-00552-SCT
Justia Opinion Summary: Defendant Alvin Johnson was convicted of possession of cocaine and sentenced to sixteen years' imprisonment with nine suspended and five years of post-release supervision and a fine. The Court of Appeals affirmed…
Date: November 17, 2011
Citation: 2009-CT-00710-SCT
Docket Number: 2009-CT-00710-SCT
Justia Opinion Summary: The issue before the Supreme Court concerned whether the Union County Circuit Court erred in finding that the City of New Albany Board of Aldermen's (City) decision that a tract of land had been legally rezoned from…
Date: November 17, 2011
Citation: 2009-CT-01147-SCT
Petition for writ of certiorari filed by counsel for Dung Thi Hoang Nguyen is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Kitchens, J. Not Participating: King, J. Order entered.
Date: November 17, 2011
Citation: 2009-CT-01710-SCT
Petition for writ of certiorari filed by Carl Douglas Necaise is denied. To Deny: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Dickinson, P.J. Not Participating: King, J. Order entered.
Date: November 17, 2011
Citation: 2009-CT-01720-SCT
Petition for writ of certiorari filed by Precision Communications, Inc., is denied. To Deny: All Justices. Order entered.
Date: November 17, 2011
Citation: 2009-CT-01797-SCT
Petition for writ of certiorari filed by Sherry Wiltshire is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J. Not Participating: King, J. Order entered.
Date: November 17, 2011
Citation: 2009-CT-02037-SCT
Petition for writ of certiorari filed by Shanna Loper is granted. To Grant: All Justices. Order entered.
Date: November 17, 2011
Citation: 2010-CA-00622-SCT
Motion for rehearing filed by Bank of Commerce is denied. Waller, C.J., Lamar and Kitchens, JJ., would grant.
Date: November 17, 2011
Citation: 2010-CA-01705-SCT
Docket Number: 2010-CA-01705-SCT
Justia Opinion Summary: J. C. and Betty Lockhart owned a life estate in an undivided one-fourth interest in 160 acres in Monroe County, Mississippi. After the death of J.C., Betty Lockhart filed a complaint to partition by public sale the land…
Date: November 10, 2011
Citation: 2009-CT-00350-SCT
Petition for writ of certiorari filed by counsel for the City of Jackson is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar and Pierce, JJ. To Deny: Waller, C.J., Randolph, Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
Date: November 10, 2011
Citation: 2009-CT-01787-SCT
Petition for writ of certiorari filed by 5K Farms, Inc., is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Waller, C.J., and Randolph, J. Not Participating: King, J. Order entered.
Date: November 10, 2011
Citation: 2010-IA-00190-SCT
Motion for rehearing filed by Bernice Conner is denied. Kitchens, J., would grant.
Date: November 10, 2011
Citation: 2010-KA-00770-SCT
Motion for rehearing filed by Kenneth Knight is denied.
Date: November 10, 2011
Citation: 2010-KA-00863-SCT
Motion for rehearing filed by Jason Powell is denied. Carlson and Dickinson, P.JJ., Lamar and Chandler, JJ., would dismiss.
Date: November 10, 2011
Citation: 2010-KA-01311-SCT
Motion for rehearing filed by Cliff Hensley is denied.
Date: November 10, 2011
Citation: 2010-KM-00698-SCT
Motion for rehearing filed by Rachel D. Nelson is denied. Dickinson, P.J., Lamar, Kitchens and King, JJ., would grant.
Date: November 3, 2011
Citation: 2009-CA-02009-SCT
Joint Motion for Voluntary Dismissal of Appeal and Cross-Appeal is granted. The parties are to bear their respective costs of appeal. Kitchens, J., for the Court. Order entered.
Date: November 3, 2011
Citation: 2009-CT-01001-SCT
Petition for writ of certiorari filed by Arturo Moreno is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Pierce, JJ. To Deny: Carlson, P.J., Randolph, Kitchens and Chandler, JJ. Not Participating, King, J. Order entered.
Date: November 3, 2011
Citation: 2010-CA-00925-SCT
Docket Number: 2010-CA-00925-SCT
Justia Opinion Summary: The "last will and testament" of Ted Watkins named his ex-stepdaughter Petitioner Diana Kinsey as executrix of his estate, and bequeathed all of his property to her. A year following his death, the estate was closed, and…
Date: November 3, 2011
Citation: 2010-CT-00007-SCT
Petition for writ of certiorari filed pro se by Kenneth L. Jackson is denied. To Deny: All Justices. Order entered.
Date: November 3, 2011
Citation: 2010-CT-00280-SCT
Petition for writ of certiorari filed pro se by Calvin Langston is denied. To Deny: All Justices. Order entered.
Date: November 3, 2011
Citation: 2010-CT-00463-SCT
Petition for writ of certiorari filed by counsel for Jay T. Magee is denied. To Deny: All Justices. Order entered.
Date: November 3, 2011
Citation: 2010-CT-00750-SCT
Petition for writ of certiorari filed pro se by Leon Felix, Jr., is denied. To Deny: All Justices. Order entered.
Date: November 3, 2011
Citation: 2010-IA-01963-SCT
Docket Number: 2010-IA-01963-SCT
Justia Opinion Summary: This case came before the Supreme Court on an interlocutory appeal from circuit court. The issue on appeal was whether the trial court erred in failing to apply premises-liability law and denying Double Quick, Inc.'s…
Date: November 3, 2011
Citation: 2010-KA-01274-SCT
Docket Number: 2010-KA-01274-SCT
Justia Opinion Summary: After a mistrial, Defendant Stephan Hickman was retried and found guilty of capital murder with the underlying felony of robbery. The circuit court sentenced Hickman to life without parole in the custody of the…
Date: November 3, 2011
Citation: 2011-JP-00554-SCT
Docket Number: 2011-JP-00554-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a formal complaint against Judge Teresa Brown Dearman for violating Canons 1 (charging judges to establish, maintain, and enforce high standards of conduct to…
Date: October 27, 2011
Citation: 2008-CT-01923-SCT
Petition for writ of certiorari filed by Patrick Franklin is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
Date: October 27, 2011
Citation: 2009-CT-00151-SCT
Docket Number: 2009-CT-00151-SCT
Justia Opinion Summary: Defendant-Appellant David Shaffer was convicted of child exploitation for soliciting sex from a twenty-nine year old female who he thought was thirteen. He argued to the Court of Appeals that the could not be guilty of…
Date: October 27, 2011
Citation: 2009-CT-00564-SCT
The judgments of the Court of Appeals and the Oktibbeha County Chancery Court are affirmed by an evenly divided Supreme Court and the costs on appeal are assessed to the Appellant. King, J., not participating. Waller, C.J., for the Court. Order entered.
Date: October 27, 2011
Citation: 2009-CT-00917-SCT
Petition for writ of certiorari filed by Roger Heidelberg, pro se, is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: October 27, 2011
Citation: 2009-CT-01436-SCT
Petition for writ of certiorari filed by counsel for Harry Studdard and Jean Studdard is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.
Date: October 27, 2011
Citation: 2009-CT-01498-SCT
Petition for writ of certiorari filed by Joseph Johnett Wilson is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: October 27, 2011
Citation: 2010-AN-00117-SCT
Docket Number: 2010-AN-00117-SCT
Justia Opinion Summary: John Fletcher, John McConnon, and Tom Leader (collectively, "Fletcher") appealed an order of the Chancery Court of Hancock County incorporating the City of Diamondhead, Mississippi. Fletcher argued that the chancery…
Date: October 27, 2011
Citation: 2010-CA-01266-SCT
Docket Number: 2010-CA-01266-SCT
Justia Opinion Summary: Charles Phillips and RJK Investments, LLC, appealed a circuit court's order dismissing with prejudice all of its claims pursuant to a compromise and settlement order entered in the United States Bankruptcy Court.…
Date: October 27, 2011
Citation: 2010-CT-00786-SCT
Petition to Stay Order Pending Review on Certiorari and Petition for Writ of Certiorari is dismissed without prejudice. Order entered.
Date: October 27, 2011
Citation: 2010-IA-01453-SCT
Having considered the record, the parties' briefs, and oral argument in this interlocutory appeal, the en banc Court concludes that the circuit court's judgment is affirmed to the extent that it denied the appellants' motion for summary judgment that the circuit court's judgment is vacated in all other respects that this case is remanded to the circuit court and the appellants shall bear the costs of this appeal. King, J., not participating. Waller, C.J., for the Court. Order entered.
Date: October 27, 2011
Citation: 2011-M-00692
Application for Leave to Proceed in the Trial Court filed pro se by Drexel Brown is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Not Participating: King, J. Order entered.
Date: October 20, 2011
Citation: 2008-CT-00271-SCT
Motion for rehearing filed by the Appellants is denied. Randolph, Lamar, Kitchens and Chandler, JJ., would grant. King, J., not participating.
Date: October 20, 2011
Citation: 2010-CA-01226-SCT
Justia Opinion Summary: The Hancock County Chancery Court granted Stacy Ruth Carambat a divorce from James Edward Carambat on the ground of habitual and excessive drug use. James appealed, arguing that the chancellor erred by granting the…
Date: October 20, 2011
Citation: 2010-CA-01924-SCT
Justia Opinion Summary: Plaintiff Pamela Lynn Lawson appealed the trial court’s grant of summary judgment to the Defendant Honeywell International, Inc., on her Mississippi Products Liability Act (MPLA) claim and her negligence claim arising…
Date: October 20, 2011
Citation: 2010-IA-00883-SCT
Justia Opinion Summary: This case was an interlocutory appeal from a circuit court which granted the "Motions to Compel Arbitration" of Pass Marianne, LLC (Pass) and Alfonso Realty, Inc. (Alfonso). On appeal, the Supreme Court considered: (1)…
Date: October 20, 2011
Citation: 2010-KA-00625-SCT
Justia Opinion Summary: Appellant Algernon Williams was convicted of shooting into a dwelling, when ballistics testing revealed that the shots were fired from a gun he had admitted owning, and which was in his possession during the time of the…
Date: October 20, 2011
Citation: 2010-KA-00935-SCT
Lamar, J. Disposition: Per Curiam Affirmance. Conviction of home repair fraud and sentence of five (5) years, as a habitual offender, without the possibility of parole, suspension or reduction, in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Newton County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.
Date: October 13, 2011
Citation: 2009-CA-01794-SCT
Docket Number: 2009-CA-01794-SCT
Justia Opinion Summary: The central issue in this case was whether an oil company could deduct reasonable processing and investment costs from the payments it made to royalty owners. If so, the Supreme Court had to determine whether Mississippi…
Date: October 13, 2011
Citation: 2009-CT-00903-SCT
Petition for writ of certiorari filed by counsel for Audubon Insurance Company is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar and Pierce, JJ. To Deny: Randolph, Kitchens, Chandler and King, JJ. Order entered.
Date: October 13, 2011
Citation: 2009-CT-01850-SCT
Petition for writ of certiorari filed pro se by Corey T. Lee is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar and Kitchens, JJ. To Deny: Waller, C.J., Chandler, Pierce and King, JJ. Order entered.
Date: October 13, 2011
Citation: 2010-CA-00719-SCT
Docket Number: 2010-CA-00719-SCT
Justia Opinion Summary: The Secretary of State of Mississippi (State) and the City of Ocean Springs (Ocean Springs) appealed a chancery court's decision that enjoined the construction of a sidewalk. The sidewalk would have run along a beach…
Date: October 6, 2011
Citation: 2009-CT-01061-SCT
Docket Number: 2009-CT-01061-SCT
Justia Opinion Summary: Defendant Gary Glidden was convicted of one count of possession of a controlled substance. The circuit court sentenced him to serve a term of four years in the custody of the Mississippi Department of Corrections. The…
Date: October 6, 2011
Citation: 2010-CA-00991-SCT
On the Court's own motion, the appeal filed pro se by the Appellants, Frederick Jamal Davis, Nathan Rogers, Felicia Hundley, Ralph Hundley, Joey Mayes and Johnny Pickens is dismissed for lack of a final judgment from which an appeal may be taken. All costs of this appeal are assessed to the Appellants. Chandler, J., for the Court. Order entered.
Date: October 6, 2011
Citation: 2010-CT-00145-SCT
Petition for writ of certiorari filed by Schenille Martin, individually and on behalf of the wrongful death beneficiaries of Floyd L. Martin, deceased, is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J. Not Participating: King, J. Order entered.
Date: October 6, 2011
Citation: 2010-IA-01112-SCT
Docket Number: 2010-IA-01112-SCT
Justia Opinion Summary: Petitioner Sylvia Montgomery filed suit against the Mississippi Transportation Commission (Commission) after she was injured when her car struck a pothole in the northbound lane of Interstate 55 near Vaughan. The…
Date: October 6, 2011
Citation: 2011-M-00874
Union Carbide's Petition for Disqualification of Trial Judge Pursuant to M.R.A.P. 48B, for an Immediate Stay of All Proceedings, and for Other Extraordinary Relief is granted. Judge Eddie H. Bowen shall immediately recuse himself from further proceedings in Smith County Circuit Court Cause No. 2006-196, and all matters pending therein shall continue to be stayed until such time as a judge is appointed to preside. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens and Chandler, JJ. Not Participating: Randolph, Pierce and King, JJ. Order entered.
Date: September 29, 2011
Citation: 2009-CT-00301-SCT
Petition for writ of certiorari filed by counsel for William Alias, Jr., is dismissed as untimely filed pursuant to M.R.A.P. 17(b). Appellant's Motion to Suspend the Rules in Accordance with M.R.A.P. Rules 2 and 17, filed by counsel for William Alias, Jr., is denied. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 29, 2011
Citation: 2009-CT-00330-SCT
Petition for writ of certiorari filed by Derrick Turner is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 29, 2011
Citation: 2009-CT-01549-SCT
Petition for writ of certiorari filed pro se by Bertrue Jackson is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Kitchens, J. Not Participating: King, J. Order entered.
Date: September 29, 2011
Citation: 2009-CT-01551-SCT
Petition for writ of certiorari filed by Paul R. Cook is granted. To Grant: Waller, C.J., Dickinson, P.J., Randolph, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., Lamar and Chandler, JJ. Not Participating: King, J. Order entered.
Date: September 29, 2011
Citation: 2009-CT-01735-SCT
Petition for writ of certiorari filed pro se by Rico Kiwanis Dunlap is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J., and King, J. Order entered.
Date: September 29, 2011
Citation: 2009-CT-01865-SCT
Petition for writ of certiorari filed by Kevin Dale McCain is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Deny: Pierce, J. Order entered.
Date: September 29, 2011
Citation: 2010-CA-00490-SCT
Justia Opinion Summary: Richard Compere appealed a trial court’s dismissal with prejudice and its imposition of monetary sanctions for his filing a second medical-malpractice action against Dr. Bryan Lantrip and St. Dominic-Jackson Memorial…
Date: September 29, 2011
Citation: 2010-CT-00259-SCT
Petition for writ of certiorari filed by counsel for Maney Simmons, Jr., is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.
Date: September 29, 2011
Citation: 2010-KA-00473-SCT
Justia Opinion Summary: Defendant Leo Wales was tried in absentia for two counts of armed robbery and two counts of aggravated assault. A jury found Defendant guilty on all counts, and the Circuit Court of Hinds County sentenced Defendant to…
Date: September 29, 2011
Citation: 2011-JP-00552-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a Formal Complaint against Lamar County Justice Court Judge Carol Ann Bustin. The complaint charged that Judge Bustin, while serving as an attorney for David C.…
Date: September 29, 2011
Citation: 2011-M-00449-SCT
Motion for Reconsideration, En Banc, is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Dickinson, P.J. Not Participating: King, J. Order entered.
Date: September 29, 2011
Citation: 2011-M-01207
Petition for Writ of Habeas Corpus is denied. Not Participating: King, J. Order entered.
Date: September 22, 2011
Citation: 2007-M-00662
Application for Leave to File Successive Motion for Post-Conviction Relief in Trial Court filed by Steven Harrison is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Carlson, P.J., Randolph and Lamar, JJ. Not Participating: Pierce, J. Order entered.
Date: September 22, 2011
Citation: 2009-CT-00288-SCT
Petition for writ of certiorari filed pro se by Eric D. Jones is hereby dismissed pursuant to MRAP 17(b). Order entered.
Date: September 22, 2011
Citation: 2009-CT-01075-SCT
Petition for writ of certiorari filed by Lavon Yankton is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 22, 2011
Citation: 2009-CT-01776-SCT
Petition for writ of certiorari filed by Christopher L. Johnson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 22, 2011
Citation: 2009-CT-01968-SCT
Petition for writ of certiorari filed by counsel for Frank Nichols is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph and Kitchens, JJ. Order entered.
Date: September 22, 2011
Citation: 2010-CA-00599-SCT
Docket Number: 2010-CA-00599-SCT
Justia Opinion Summary: The Mississippi Tax Commission (Commission) assessed a contractor’s tax against Walter Akins, d/b/a Akins Construction Company. Akins challenged the assessment administratively. After exhausting his administrative…
Date: September 22, 2011
Citation: 2010-CT-00483-SCT
Petition for writ of certiorari filed by counsel for Public Employees' Retirement System is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.
Date: September 22, 2011
Citation: 2010-IA-00776-SCT
Docket Number: 2010-IA-00776-SCT
Justia Opinion Summary: This was an interlocutory appeal from the denial of a motion to sever and transfer venue. Plaintiffs Hattie Douglas, Kevin Hamlin, and the victim’s five siblings (collectively Plaintiffs) filed a complaint in circuit…
Date: September 22, 2011
Citation: 2010-IA-00821-SCT
Petition for Interlocutory Appeal filed by Appellant was granted by order of this Court on June 16, 2010. After further consideration, the Court finds the petition was improvidently granted and should be dismissed. On the Court's own motion the petition for interlocutory appeal is dismissed as improvidently granted. All costs are assessed to Appellant. King, J., for the Court. Order entered.
Date: September 22, 2011
Citation: 2010-KA-00678-SCT
Docket Number: 2010-KA-00678-SCT
Justia Opinion Summary: Jules Corbin, Tammy Louis, and James Henry, Jr. were involved in an automobile wreck that left Louis dead and Henry severely injured. Corbin was indicted for capital murder, aggravated assault, and felony fleeing the…
Date: September 22, 2011
Citation: 89-R-99019-SCT
Date: September 15, 2011
Citation: 2009-CT-00122-SCT
Petition for writ of certiorari filed by Alton Hall is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 15, 2011
Citation: 2009-CT-00207-SCT
Petition for writ of certiorari filed by counsel for Sandra Coleman is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Lamar and King, JJ. Order entered.
Date: September 15, 2011
Citation: 2009-CT-00321-SCT
Petition for writ of certiorari filed by Tavares Showers is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Kitchens, J. Not Participating: Lamar and King, JJ. Order entered.
Date: September 15, 2011
Citation: 2009-CT-01194-SCT
Petition for writ of certiorari filed by Scott Daniel Baker is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce. To Grant: Chandler, J. Not Participating: King, J. Order entered.
Date: September 15, 2011
Citation: 2009-CT-01243-SCT
Petition for writ of certiorari filed by Charles Billue is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Carlson, P.J. Not Participating: King, J. Order entered.
Date: September 15, 2011
Citation: 2010-CA-00622-SCT
Docket Number: 2010-CA-00622-SCT
Justia Opinion Summary: The Bank of Commerce (Bank) brought an action against SouthGroup Insurance and Financial Services, LLC (SouthGroup) and Norman White, an agent of SouthGroup, for negligent misrepresentations made by White regarding the…
Date: September 15, 2011
Citation: 2010-CA-01010-SCT
Docket Number: 2010-CA-01010-SCT
Justia Opinion Summary: Defendant Roger Thorson was indicted in 1987 and charged with the capital murder of Gloria McKinney, his ex-girlfriend, during the commission of a kidnapping. On Thorson’s direct appeal of his capital-murder conviction…
Date: September 15, 2011
Citation: 2010-CT-00327-SCT
Petition for writ of certiorari filed by Derrick Mitchell is denied. To Deny: All Justices. Order entered.
Date: September 15, 2011
Citation: 2010-KA-00511-SCT
Docket Number: 2010-KA-00511-SCT
Justia Opinion Summary: Defendant Michael Richardson was convicted by a jury capital murder and of being a convicted felon in possession of a firearm. The State sought the death penalty at the sentencing phase, but the jury returned a verdict…
Date: September 15, 2011
Citation: 2010-KA-01341-SCT
Docket Number: 2010-KA-01341-SCT
Justia Opinion Summary: Defendant Amanda Goforth, a former high-school teacher, was indicted on five counts of sexual battery involving one of her former students. She was convicted on two counts and acquitted on the remaining three. Because…
Date: September 15, 2011
Citation: 2011-IA-00752-SCT
Petition for Interlocutory Appeal filed by counsel for Laterica L. Powers and Sandra Hammack is hereby granted. The Temporary Restraining Order, issued on April 8, 2011 in Cause No. 2008-082-D in the Chancery Court of Noxubee County, Mississippi is vacated. Likewise, the portion of the Order, issued on May 10, 2011 in Cause No. 2008-082-D, which extended the terms of the Temporary Restraining Order, is hereby vacated. This matter is remanded to the trial court for any proceedings consistent with allowing Immanuel F. Powers to exercise his rights under the Child Custody and Child Support Agreement made a part of the parties' Final Decree for Divorce, including reasonable rights of visitation with the minor child. The Petitioners' Motion to Strike is dismissed as moot. All costs are assessed to Respondent. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and King, JJ. Not Participating: Lamar, Kitchens and Pierce, JJ. Waller, C.J., for the Court. Order entered.
Date: September 8, 2011
Citation: 2008-CT-01761-SCT
Petition for writ of certiorari filed by counsel for Timothy W. Jordan is granted. Petition for writ of certiorari filed by counsel for Johnny Grose is granted. Petition for writ of certiorari filed by counsel for Glenn E. Grose is granted. Petition for writ of certiorari filed pro se by Glenn E. Grose is granted. To Grant Each Petition: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens and Chandler, JJ. To Deny Each Petition: Randolph and Pierce, JJ. Not Participating: Lamar and King, JJ. Order entered.
Date: September 8, 2011
Citation: 2009-CA-01866-SCT
Docket Number: 2009-CA-01866-SCT
Justia Opinion Summary: In this personal-injury products-liability case, a jury awarded plaintiff Trellvion Gaines $7 million, finding that he had been brain-damaged from exposure to lead. In an effort to convince the Supreme Court to reverse…
Date: September 8, 2011
Citation: 2009-CT-00550-SCT
Petition for writ of certiorari filed by Eric Jackson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 8, 2011
Citation: 2009-CT-00923-SCT
Petition for writ of certiorari filed by the Petitioner is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ. Not Participating: Lamar and King, JJ. Order entered.
Date: September 8, 2011
Citation: 2009-CT-01918-SCT
Petition for writ of certiorari filed pro se by Michael Warren Willie is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 8, 2011
Citation: 2010-CA-00361-SCT
Docket Number: 2010-CA-00361-SCT
Justia Opinion Summary: In 2005, Weight Watchers discovered that its bookkeeper, Dianne Belk, had embezzled nearly $1,000,000 from the business over a six-year period. Belk embezzled the money by writing checks to herself from Weight Watchers…
Date: September 8, 2011
Citation: 2010-CA-01949-SCT
Docket Number: 2010-CA-01949-SCT
Justia Opinion Summary: In November 2008, P. Leslie Riley and an organization known as "Personhood Mississippi" filed an initiative, now known as Measure 26, with the Office of the Secretary of State. The initiative was qualified by the…
Date: September 8, 2011
Citation: 2010-CT-00254-SCT
Petition for writ of certiorari filed by counsel for Clarence Arrington is denied. To Deny: Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Waller, C.J., Dickinson, P.J., and Chandler, J. Not Participating: King, J. Order entered.
Date: September 8, 2011
Citation: 2010-IA-00190-SCT
Docket Number: 2010-IA-00190-SCT
Justia Opinion Summary: Bernice Conner filed a medical-negligence suit against Mid-South Retina, LLC. The County Court of Coahoma County originally granted summary judgment in favor of Mid-South, finding that Conner had failed to establish the…
Date: September 8, 2011
Citation: 2010-IA-00341-SCT
Docket Numbers: 2010-IA-00341-SCT, 2010-IA-00342-SCT
Justia Opinion Summary: In July 2001, eight-year-old Jane Doe and thirteen-year-old Lisa Roe were playing unsupervised at the Presidential Hills Park, a public park built, operated, and maintained by the City of Jackson (the City). While…
Date: September 8, 2011
Citation: 2010-JP-01903-SCT
Docket Number: 2010-JP-01903-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a formal complaint against Nell Y. Cowart, justice court judge for the Southeast District, Pearl River County, Mississippi, alleging judicial misconduct. After…
Date: September 8, 2011
Citation: 2010-JP-01944-SCT
Docket Number: 2010-JP-01944-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a formal complaint and charged Steve Little with judicial misconduct. The Commission filed its Finding of Facts and Recommendations with this Court stating that…
Date: September 8, 2011
Citation: 2010-KA-00770-SCT
Docket Number: 2010-KA-00770-SCT
Justia Opinion Summary: Defendant Kenneth Hugh Knight was convicted in the Pearl River County Circuit Court for possession of a controlled substance with intent to distribute while in possession of a firearm. Defendant appealed, raising three…
Date: September 8, 2011
Citation: 2010-KA-01311-SCT
Docket Number: 2010-KA-01311-SCT
Justia Opinion Summary: On May 11, 2010, a Tishomingo County jury found Defendant Cliff Hensley guilty of conspiracy to manufacture methamphetamine in violation of Mississippi Code. Defendant was sentenced as a habitual offender to a term of…
Date: September 8, 2011
Citation: 2011-CA-01106-SCT
Docket Number: 2011-CA-01106-SCT
Justia Opinion Summary: David Waide filed an Initiative with Mississippi Secretary of State Delbert Hosemann, and Hosemann approved it for placement on the November, 2011 general election ballot. Plaintiff Leland Speed filed a complaint against…
Date: September 1, 2011
Citation: 2009-CT-00366-SCT
Petition for writ of certiorari filed pro se by Khristoffer Mandell Hearron is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 1, 2011
Citation: 2009-CT-00710-SCT
Petition for writ of certiorari filed by Robin Bostwick, Eric Frohn, Allen Maxwell, Herbert G. Rogers, III and Ray Tate is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 1, 2011
Citation: 2009-CT-01154-SCT
Petition for writ of certiorari filed pro se by Jeffery Marcel Robinson is denied. To Deny: All Justices. Order entered.
Date: September 1, 2011
Citation: 2009-CT-01799-SCT
Petition for writ of certiorari filed by Danny Jerard Jackson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 1, 2011
Citation: 2009-CT-01819-SCT
Petition for writ of certiorari filed by counsel for Anthony Crutcher is denied. To Deny: All Justices. Order entered.
Date: September 1, 2011
Citation: 2009-CT-01925-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., and Lamar, J. To Deny: Randolph, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 1, 2011
Citation: 2009-CT-02039-SCT
Petition for writ of certiorari filed by Randall Kimbrough and Ruth Kimbrough is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Kitchens, J. Order entered.
Date: September 1, 2011
Citation: 2010-CT-00171-SCT
Petition for writ of certiorari filed by counsel for Dewayne Ladale Tugle is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: September 1, 2011
Citation: 2010-CT-00335-SCT
Petition for writ of certiorari filed by the Mississippi Division of Medicaid is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 25, 2011
Citation: 2009-CT-00733-SCT
Date: August 25, 2011
Citation: 89-R-99012-SCT
Date: August 25, 2011
Citation: 2009-CT-00840-SCT
Petition for writ of certiorari filed by counsel for Sanderson Farms, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 25, 2011
Citation: 2009-CT-00924-SCT
Petition for writ of certiorari filed pro se by Manual Cooper is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Kitchens, J. Not Participating: King, J. Order entered.
Date: August 25, 2011
Citation: 2010-CT-00439-SCT
Petition for writ of certiorari filed by counsel for Hugh Dancy Company and Valley Forge Insurance Company is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 25, 2011
Citation: 2009-CT-00132-SCT
Docket Number: 2009-CT-00132-SCT
Justia Opinion Summary: Louis Wallace, personal representative of the Estate of Cynthia Wallace, filed a suit in circuit court against Cynthia’s doctor Dr. Emad Mohammed, alleging wrongful death as the cause of action. After discovering…
Date: August 25, 2011
Citation: 2010-KM-00698-SCT
Docket Number: 2010-KM-00698-SCT
Justia Opinion Summary: In October 2006, Defendant Rachel Nelson was involved in an automobile collision. The City of Richland charged her with driving under the influence. In November Defendant pled “nolo contendere” in the Municipal Court of…
Date: August 25, 2011
Citation: 2010-IA-00131-SCT
Docket Number: 2010-IA-00131-SCT
Justia Opinion Summary: This case was an interlocutory appeal. Riverbend Utilities alleged that the trial court erred by: (1) adding Arch Insurance Company as an involuntary counterplaintiff, and (2) ordering Riverbend to make four individuals…
Date: August 18, 2011
Citation: 2009-CT-01586-SCT
Petition for writ of certiorari filed by the Petitioners is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Deny: Chandler, J. Not Participating: Lamar, Kitchens and King, JJ. Order entered.
Date: August 18, 2011
Citation: 2010-CT-00043-SCT
Petition for writ of certiorari filed by C. Jake Lambert, Jr., M.D., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 18, 2011
Citation: 2010-CT-00438-SCT
Petition for writ of certiorari filed by Brenda Peters is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Lamar, JJ. To Grant: Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 18, 2011
Citation: 2010-KA-00863-SCT
Date: August 18, 2011
Citation: 2010-KA-01426-SCT
Carlson, P.J. Disposition: Per Curiam Affirmance. Count I: Conviction of felony shoplifting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of conspiracy to commit the crime of felony shoplifting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run concurrently with the sentence in Count II. Appellant shall be given credit for jail time prior to trial and while awaiting sentence. Copiah County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.
Date: August 18, 2011
Citation: 2011-M-00440
Petition for Writ of Prohibition and Emergency Extraordinary Relief filed by Jennifer Williamson is granted. All orders issued in the following proceedings are hereby vacated: Warren County Youth Court cause no. YC10-369 Warren County Court causes 2001-177GN, 07,565CO, HC234, HC235 and 10,2057-CO. Because the Chancery Courts have exclusive jurisdiction concerning matters of child custody, all matters above concerning the minor S.W., which are at issue in this petition, are hereby transferred to the Warren County Chancery Court for further proceedings. See Art. 6, Section 159, Miss. Const. (1890). The Chancery Court of Warren County shall assign these matters priority status. Agreed: All Justices. Order entered.
Date: August 18, 2011
Citation: 2008-KA-01733-SCT
Justia Opinion Summary: Appellant Jeremy Davis was convicted of aggravated assault on a law-enforcement officer, escape, burglary and possessing a firearm as a felon. Appellant's attorney filed an appeal, the briefs to which provided only…
Date: August 18, 2011
Citation: 2010-IA-00310-SCT
Justia Opinion Summary: Chancery Court granted James and Johnnie Irving a divorce. Mr. Irving filed a petition for modification of his child-support payments, based on a change of circumstances brought about by the loss of his job which had…
Date: August 11, 2011
Citation: 2009-CT-00700-SCT
Date: August 11, 2011
Citation: 2011-WC-01086-SCT
On the Court's own motion, this appeal is retained by the Supreme Court for decision. Within thirty days of the entry of this order, the parties shall file the original and nine copies of simultaneous briefs, each not to exceed twenty-five pages, which address whether 2011 Mississippi Laws Chapter 389 is constitutional under Mississippi Constitution Article 6, Section 146 and whether this Court has appellate jurisdiction over this direct appeal from a final award by the Mississippi Workers' Compensation Commission. Pursuant to Mississippi Rule of Appellate Procedure 44, the Attorney General of Mississippi is hereby notified that before the Court in this appeal are the questions of whether 2011 Mississippi Laws Chapter 389 is constitutional under Mississippi Constitution Article 6, Section 146, and whether this Court has appellate jurisdiction over this direct appeal from a final award by the Mississippi Workers' Compensation Commission. The Attorney General may file a brief addressing these questions in the manner and within the time stated above for the parties' briefs. The Clerk of this Court shall provide copies of this order to the parties and the Attorney General of Mississippi. Order entered.
Date: August 11, 2011
Citation: 2009-CA-01622-SCT
Docket Number: 2009-CA-01622-SCT
Justia Opinion Summary: The estate of Charles Harris filed a medical malpractice action against John Lee, M.D. and the Forest Family Practice Clinic. Days before trial, the estate tried to move the circuit court to transfer venue based on Dr.…
Date: August 11, 2011
Citation: 2009-CA-01610-SCT
Docket Number: 2009-CA-01610-SCT
Justia Opinion Summary: Petitioners Mary Gray, Peggy Pettaway, Kimberly Clausell, Lillian Byrd, and Chris Clausell filed negligence lawsuits against the City of Jackson, City of Raymond and Alice Wilson. Before trial, Raymond settled with…
Date: August 11, 2011
Citation: 2011-JP-00114-SCT
Docket Number: 2011-JP-00114-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance (Commission) filed two formal complaints against Alcorn County Justice Judge Jimmy McGee alleging willful misconduct and conduct prejudicial to the administration of…
Date: August 11, 2011
Citation: 2009-CT-01050-SCT
Docket Number: 2009-CT-01050-SCT
Justia Opinion Summary: Defendant Kenneth Keys was eligible for parole on a life sentence, but ineligible for parole on a fie-year sentence for a later, simple assault conviction. The circuit court held that Defendant was not eligible for…
Date: August 11, 2011
Citation: 2009-IA-02022-SCT
Docket Number: 2009-IA-02022-SCT
Justia Opinion Summary: Minor Petitioners Latisha Head and Ashley McCoy through their mothers Shirley Russell and Shirley McCoy (collectively Petitioners) filed a complaint against the Jackson Public School District (JPS), the City of Jackson,…
Date: August 4, 2011
Citation: 2008-CT-00754-SCT
Date: August 4, 2011
Citation: 2009-CT-00112-SCT
Petition for writ of certiorari filed by Alfred Kirkham is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.
Date: August 4, 2011
Citation: 2009-CT-00552-SCT
Petition for writ of certiorari filed by Arvin Phillip Johnson is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and Chandler, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 4, 2011
Citation: 2009-CT-00672-SCT
Petition for writ of certiorari filed by Manda Griffin is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Chandler and Pierce, JJ. To Grant: Carlson, P.J., Lamar and Kitchens, JJ. Not Participating: King, J. Order entered.
Date: August 4, 2011
Citation: 2009-CT-01349-SCT
Petition for writ of certiorari filed by Dr. Rick Hoover is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Randolph and King, JJ. Order entered.
Date: August 4, 2011
Citation: 2010-CT-00170-SCT
Petition for writ of certiorari filed by Bertha Collins is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar and Chandler, JJ. To Grant: Waller, C.J., Kitchens and Pierce, JJ. Not Participating: King, J. Order entered.
Date: August 4, 2011
Citation: 2011-BD-00630-SCT
Motion for Disbarment filed by the Mississippi Bar is granted. Michael R. Wall is hereby disbarred from the practice of law in the State of Mississippi, and his name shall be immediately removed from the Bar Rolls. This order shall constitute notice of disbarment in this cause. The Bar shall recover from Michael R. Wall all of its costs and expenses of this disciplinary action. Michael R. Wall taxed with all costs of this appeal. Order entered.
Date: August 4, 2011
Citation: 2011-TS-01041
On the Court's own motion, within thirty days of the entry of this order, the parties shall file the original and nine copies of simultaneous briefs, each not to exceed twenty-five pages, which address whether Section 1 of 2011 Mississippi Laws chapter 540 is constitutional under Mississippi Constitution article 6, section 146 and whether this Court has appellate jurisdiction over this direct appeal from a decision of the Department of Health. Pursuant to Mississippi Rule of Appellate Procedure 44, the Attorney General of Mississippi is hereby notified that before the Court in this appeal are the questions of whether Section 1 of 2011 Mississippi Laws chapter 540 is constitutional under Mississippi Constitution article 6, section 146 and whether this Court has appellate jurisdiction over this direct appeal from a decision of the Department of Health. The Attorney General may file a brief addressing these questions in the manner and within the time stated above for the parties' briefs. The Clerk of this Court shall provide copies of this order to the parties and the Attorney General of Mississippi. Order entered.
Date: August 4, 2011
Citation: 2008-CT-01621-SCT
Docket Number: 2008-CT-01621-SCT
Justia Opinion Summary: A grand jury indicted Vanessa Decker under the Mississippi Vulnerable Adults Act for using her mother's money without the mother's consent. At trial, the evidence established that she had obtained her mother's consent to…
Date: August 4, 2011
Citation: 2010-CA-00079-SCT
Docket Number: 2010-CA-00079-SCT
Justia Opinion Summary: Appellants Bobbi Young and Linda Carter, next of kin to Clarence Young, appealed an order of the circuit court that granted summary judgment in favor of Respondent Dr. Robert Smith and Baptist Memorial Hospital. On…
Date: July 28, 2011
Citation: 2010-CA-01429-SCT
Date: July 28, 2011
Citation: 2008-CT-00074-SCT
Justia Opinion Summary: Since his conviction in 1979 for capital murder, Defendant Robert Jackson filed multiple unsuccessful motions and applications for post-conviction relief. Based on the Supreme Court's dispositions of his 2002, and 2004…
Date: July 28, 2011
Citation: 2010-CA-00446-SCT
Justia Opinion Summary: Respondent Charles Gant possessed a letter of intent to purchase property. He offered to sell the property to Grant Legacy, LLP once he completed the purchase. Grand responded to the offer by agreeing to purchase the…
Date: July 28, 2011
Citation: 2009-CT-00626-SCT
Justia Opinion Summary: When prosecutor Charles Graves was not prepared to proceed to trial and had not produced a video to defense counsel, a circuit court judge held him in criminal contempt and ordered him to be incarcerated. Upon review of…
Date: July 21, 2011
Citation: 2010-CA-00738-SCT
Date: July 21, 2011
Citation: 2010-IA-00882-SCT
Justia Opinion Summary: This case stems from an interlocutory appeal by Kelly Blossom regarding the issuance of a protective order by the Rankin County Chancery Court that denied her attempt to take two depositions in her divorce case. In 2009,…
Date: July 21, 2011
Citation: 2010-CA-00654-SCT
Justia Opinion Summary: After John Sykes died in the emergency room at Calhoun Health Services, his estate sued the hospital for wrongful death, claiming that Mr. Sykes should have been hooked up to a cardiac monitor. Mr. Sykes was admitted…
Date: June 30, 2011
Citation: 2008-CT-01445-SCT
Date: June 30, 2011
Citation: 2010-KA-01126-SCT
Justia Opinion Summary: Responding to a 911 call in November 2008, police observed a male sitting in the driver's seat of a vehicle facing forward. The victim was suffering from a gunshot wound to the left side of his head, and did not appear…
Date: June 30, 2011
Citation: 2010-CA-00929-SCT
Justia Opinion Summary: In this wrongful death case, a prisoner escaped from the custody of the Hinds County sheriff. While evading capture, the prisoner struck a pedestrian with a stolen vehicle. The trial court denied the County's motion for…
Date: June 30, 2011
Citation: 2008-CT-00537-SCT
Justia Opinion Summary: Defendant Virgil Johnson was convicted of aggravated assault and armed robbery by the circuit court. The Court of Appeals affirmed his conviction and sentence. On appeal, Defendant asserted that his right to a speedy…
Date: June 30, 2011
Citation: 2009-CA-01987-SCT
Justia Opinion Summary: Appellees Michael Howard and Shannon Poole were awarded a $4 million jury verdict against InTown Lessee Associates, LLC, an extended stay motel, for injuries they sustained as victims of an armed robbery in the motel.…
Date: June 23, 2011
Citation: 2009-CT-00981-SCT
Date: June 23, 2011
Citation: 2009-KA-02035-SCT
Docket Number: 2009-KA-02035-SCT
Justia Opinion Summary: A caller informed Claiborne County Sheriff's deputies that Wendell Barnes was in Port Gibson driving a car with Texas plates. Officers knew Barnes had three warrants against him. They happened upon a vehicle matching the…
Date: June 23, 2011
Citation: 2010-JP-01505-SCT
Docket Number: 2010-JP-01505-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a formal complaint against Walthall County Justice Court Judge Marion McKenzie for alleged ticket-fixing and for certain ex-parte communications. During a…
Date: June 23, 2011
Citation: 2010-KA-00127-SCT
Docket Number: 2010-KA-00127-SCT
Justia Opinion Summary: Defendant Curtis Gause was indicted on capital murder charges in addition to burglary, and aggravated assault. A jury found him guilty of manslaughter and burglary, and not guilty of assault. The circuit court sentenced…
Date: June 23, 2011
Citation: 2008-CT-02054-SCT
Docket Number: 2008-CT-02054-SCT
Justia Opinion Summary: Defendant Chad Booker was convicted of manslaughter and sentenced to twenty years' imprisonment. Defendant unsuccessfully appealed his sentence to the Court of Appeals. On appeal to the Supreme Court, Defendant argued…
Date: June 16, 2011
Citation: 2007-CT-02011-SCT
Date: June 16, 2011
Citation: 2010-JP-01435-SCT
Date: June 16, 2011
Citation: 2009-CA-01830-SCT
Docket Number: 2009-CA-01830-SCT
Justia Opinion Summary: In 2003, Respondent Cedric Byrd misjudged a turn along a Rankin County highway. The trailer he was towing got stuck in the highway. A car in which Jonathan Dooley was traveling with his mother collided with the trailer,…
Date: June 16, 2011
Citation: 2008-CT-01621-SCT
Docket Number: 2008-CT-01621-SCT
Justia Opinion Summary: A grand jury indicted Vanessa Decker under the state Vulnerable Adults Act of 1986 for using her elderly mother's money "without her consent." But at trial, the evidence established that Ms. Decker did obtain her…
Date: June 16, 2011
Citation: 2009-CA-01838-SCT
Docket Number: 2009-CA-01838-SCT
Justia Opinion Summary: Anthony Smith died in a plane crash in 2001. His estate contained two separate life insurance policies. Mr. Smith's father Raymond was named as sole beneficiary of one policy, and Mr. Smith's ex-wife Ruth was named as…
Date: June 16, 2011
Citation: 2009-CT-01191-SCT
Docket Number: 2009-CT-01191-SCT
Justia Opinion Summary: Respondent Tim Norris failed to pay his 2005 property taxes on his restaurant in Jackson. In 2006, Sass Muni purchased the restaurant in a tax sale. When Mr. Norris did not redeem the property within the statutory…
Date: June 9, 2011
Citation: 2010-KM-01250-SCT
Date: June 9, 2011
Citation: 2009-CT-00699-SCT
Justia Opinion Summary: Petitioner Barry Gregg challenged a Workers’ Compensation Commission (Commission) holding that denied him permanent partial disability benefits. Petitioner was injured on the job for Respondent Natchez Trace Electric…
Date: June 9, 2011
Citation: 2009-IA-01617-SCT
Docket Number: 2009-IA-01617
Justia Opinion Summary: Plaintiff-Appellee Terrance Shanks filed a personal-injury action against Defendants-Appellants Kimball Glassco Residential Center and van driver Vera Richardson on behalf of his mother Lois Shanks. Ms. Shanks was…
Date: June 9, 2011
Citation: 2010-JP-01954-SCT
Date: June 2, 2011
Citation: 2011-AD-00001
Date: June 2, 2011
Citation: 2011-AD-00001
Date: June 2, 2011
Citation: 2010-KA-00807-SCT
Justia Opinion Summary: Defendant Dennis Taylor appealed his conviction for conspiracy and robbery. He was sentenced to fifteen years. On appeal to the Supreme Court, Defendant argued that the verdicts against him at trial were against the…
Date: June 2, 2011
Citation: 2009-KA-01419-SCT
Justia Opinion Summary: Defendant Gregory Redmond appealed his conviction of statutory rape. He was sentenced to life. On appeal to the Supreme Court, Defendant argued that the trial court made errors by admitting some and excluding other…
Date: May 26, 2011
Citation: 2009-CT-00339-SCT
Date: May 26, 2011
Citation: 2010-CA-00023-SCT
Justia Opinion Summary: Dr. Daniel Dare appealed a ruling of the Chancery Court that denied him the ability to intervene in the modification of a marital property agreement entered into by Paul and Sharon Stokes. Mr. and Mrs. Stokes were…
Date: May 26, 2011
Citation: 2011-BD-00287-SCT
Date: May 26, 2011
Citation: 2008-CT-00958-SCT
Justia Opinion Summary: A grand jury indicted Defendant Harold Hargett for selling marijuana and hydrocodone. A jury found Defendant guilty, and he was sentenced as a habitual offender to six years for the marijuana charge, and sixty years for…
Date: May 26, 2011
Citation: 2010-IA-01181-SCT
Justia Opinion Summary: In 2007, Plaintiff Lyshell Wilson entered Defendant CitiTrends' clothing store. While shopping, Ms. Wilson was brutally injured by Defendant Jocelyn Howard, who attacked her with a pair of scissors. Ms. Howard moved to…
Date: May 19, 2011
Citation: 2010-IA-00343-SCT
Justia Opinion Summary: Appellee Charles Buckner filed a personal-injury action against the Copiah County School District and Kenneth Funches. Appellee failed to serve process on either Defendant within the 120-day period provided by the state…
Date: May 19, 2011
Citation: 2009-CT-00222-SCT
Justia Opinion Summary: In September, 2007, a grand jury returned a two-count indictment against Defendant Albert Joiner. One count charged Defendant with “felony flight,” and the second count charged Defendant with being a felon in possession…
Date: May 12, 2011
Citation: 2010-CA-00017-SCT
Date: May 12, 2011
Citation: 2009-CA-01166-SCT
Justia Opinion Summary: Cable company employee David Marble was injured when he touched a live electrical wire while attempting to splice a new cable into an old one. He brought suit against Deviney Construction Company, Inc. (Deviney),…
Date: May 5, 2011
Citation: 2009-CA-01384-SCT
Date: May 5, 2011
Citation: 2010-FC-01308-SCT
Date: April 28, 2011
Citation: 2007-BD-01653-SCT
Date: April 28, 2011
Citation: 2008-IA-01437-SCT
Date: April 28, 2011
Citation: 2009-CA-01197-SCT
Docket Number: 2009-CA-01197-SCT
Justia Opinion Summary: James Littleton’s employment as Greenwood’s city attorney was terminated by the newly elected Mayor, Carolyn McAdams. Littleton announced to the Greenwood City Council that he was statutorily authorized to continue to…
Date: April 28, 2011
Citation: 2010-JP-01082-SCT
Date: April 21, 2011
Citation: 96-DP-00241-SCT
Date: April 21, 2011
Citation: 2009-CA-01547-SCT
Docket Number: 2009-CA-01547-SCT
Justia Opinion Summary: Sixteen former clients (Clients) sued two lawyers (Lawyers) who had represented them in a mass-tort litigation, claiming the lawyers had breached their fiduciary duty by prematurely settling their cases in order to…
Date: April 21, 2011
Citation: 2009-KA-00141-SCT
Docket Number: 2009-KA-00141-SCT
Justia Opinion Summary: In September, 2008, after a jury trial, Appellant Timmy Harden was convicted of the statutory rape of his stepdaughter. In December, Appellant was sentenced to twenty years’ imprisonment, to be followed by ten years of…
Date: April 21, 2011
Citation: 2009-CA-01678-SCT
Docket Number: 2009-CA-01678-SCT
Justia Opinion Summary: Appellant Shirley Collins filed suit against Appellees-Defendants Koppers, Inc. and several others, alleging she was injured as a result of environmental contamination caused by a wood-treatment facility. The Defendants…
Date: April 21, 2011
Citation: 2009-CA-01611-SCT
Docket Number: 2009-CA-01611-SCT
Justia Opinion Summary: The City of Jackson appealed a judgment made against the city for damages based on a police officer’s pursuit of a vehicle. The suspect’s vehicle collided with another vehicle owned by Eric and Kristina Law. The Jackson…
Date: April 21, 2011
Citation: 2009-CA-01314-SCT
Date: April 14, 2011
Citation: 2010-KA-00059-SCT
Date: April 14, 2011
Citation: 2010-CC-00486-SCT
Date: April 7, 2011
Citation: 2010-BD-01849-SCT
Date: April 7, 2011
Citation: 2009-CA-02021-SCT
Date: April 7, 2011
Citation: 2008-CA-02105-SCT
Date: March 31, 2011
Citation: 2010-CA-00630-SCT
Date: March 31, 2011
Citation: 2010-JP-01387-SCT
Date: March 31, 2011
Citation: 2010-IA-00382-SCT
Date: March 31, 2011
Citation: 2009-CA-01807-SCT
Date: March 24, 2011
Citation: 2008-CT-01434-SCT
Date: March 24, 2011
Citation: 2008-CA-01931-SCT
Date: March 24, 2011
Citation: 2009-CT-00292-SCT
Date: March 17, 2011
Citation: 2010-CA-00137-SCT
Date: March 10, 2011
Citation: 2007-CT-01925-SCT
Date: March 10, 2011
Citation: 2009-CA-00052-SCT
Date: March 10, 2011
Citation: 2009-AN-00584-SCT
Date: March 3, 2011
Citation: 2008-CT-01442-SCT
Date: March 3, 2011
Citation: 2008-CT-02067-SCT
Date: February 24, 2011
Citation: 2009-EC-01789-SCT
Date: February 17, 2011
Citation: 2007-KA-00666-SCT
Date: February 17, 2011
Citation: 2010-JP-00871-SCT
Date: February 10, 2011
Citation: 2008-KA-00946-SCT
Date: February 10, 2011
Citation: 2008-CT-00270-SCT
Date: February 3, 2011
Citation: 93-DP-00189-SCT
Date: January 27, 2011
Citation: 2008-CT-01920-SCT
Date: January 27, 2011
Citation: 2008-CT-00250-SCT
Date: January 20, 2011
Citation: 2009-CA-00841-SCT
Date: January 13, 2011
Citation: 2009-CA-00024-SCT
Date: January 13, 2011
Citation: 2009-CA-00722-SCT
Date: January 13, 2011
Citation: 2008-CT-01840-SCT
Date: January 13, 2011
Citation: 2009-CA-00570-SCT
Date: January 6, 2011
Citation: 2007-CT-00945-SCT
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