Supreme Court of Mississippi Decisions 2012
Opinions 1 - 500 of 570
Date: December 20, 2012
Citation: 2008-CT-01920-SCT
Docket Number: 2008-CT-01920-SCT
Justia Opinion Summary: Frederick Denell Grim was convicted by jury for the sale of cocaine. The circuit court adjudicated Grim a habitual offender and sentenced him to life imprisonment without the possibility of parole. The Court of Appeals…
Date: December 20, 2012
Citation: 2010-CT-00203-SCT
Docket Number: 2010-CT-00203-SCT
Justia Opinion Summary: Robert Lee Jenkins was convicted for possession of a controlled substance. He was sentenced to life imprisonment under the habitual-offender statute. The Supreme Court granted Jenkins's petition for writ of certiorari to…
Date: December 20, 2012
Citation: 2010-CT-01812-SCT
Petition for writ of certiorari filed by T. L. Wallace Construction Company, Inc. is granted. To Grant: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens, J. Not Participating: Carlson, P.J. Order entered.
Date: December 20, 2012
Citation: 2010-CT-01847-SCT
Petition for writ of certiorari filed by Trina Sullivan is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Grant: Pierce, J. Not Participating: Carlson, P.J. Order entered.
Date: December 20, 2012
Citation: 2011-CT-00097-SCT
Petition for writ of certiorari filed by Donald James Wilson is denied. To Deny: Waller, C.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Not Participating: Carlson, P.J. Order entered.
Date: December 20, 2012
Citation: 2011-CT-00132-SCT
Petition for writ of certiorari filed by Charles Benson is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Carlson, P.J. Order entered.
Date: December 20, 2012
Citation: 2011-CT-00151-SCT
Petition for writ of certiorari filed by Gregory Fair, pro se, is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Carlson, P.J. Order entered.
Date: December 20, 2012
Citation: 2011-IA-00880-SCT
Petition for Interlocutory Appeal filed by the Appellants was granted by order of this Court on August 31, 2011 in order to carefully review the issues presented in this matter. Having done so, the Court finds there is no need for further review and that the appeal should be dismissed. On the Court's own motion, the appeal is dismissed and all costs are assessed to the Appellants. Agree: Waller, C.J., Randolph, Pierce and King, JJ. Disagree: Carlson, P.J., Lamar and Kitchens, JJ. Not Participating: Dickinson, P.J. Chandler, J., for the Court. Order entered.
Date: December 20, 2012
Citation: 2012-M-01061
Application for Leave to Proceed in the Trial Court filed pro se by Petitioner is granted in part. Petitioner's Motion for Post-Conviction Collateral Relief shall be filed in the Oktibbeha County Circuit Court by January 31, 2013. Waller, C.J., Randolph, Lamar and Pierce, JJ., would deny. Order entered.
Date: December 20, 2012
Citation: 2012-M-01062
Application for Leave to Proceed in the Trial Court filed pro se by Petitioner is granted. Petitioner's Motion for Post-Conviction Collateral Relief shall be filed in the Oktibbeha County Circuit Court by January 31, 2013. Waller, C.J., Randolph, Lamar and Pierce, JJ., would deny. Order entered.
Date: December 20, 2012
Citation: 2012-M-01138
Application for Leave to Proceed in the Trial Court filed by Petitioner is granted. Petitioner's Motion to Set Aside Sentence shall be filed in the Tishomingo County Circuit Court by January 31, 2013. Waller, C.J., Randolph, Lamar and Pierce, JJ., would deny. Order entered.
Date: December 13, 2012
Citation: 2010-CA-01762-SCT
Docket Number: 2010-CA-01762-SCT
Justia Opinion Summary: Howard Goodin appealed a circuit court's denial of his application for post-conviction relief. The circuit court denied Goodin’s claims that he was mentally retarded and that he had received ineffective assistance of…
Date: December 13, 2012
Citation: 2010-CT-00352-SCT
Docket Number: 2010-CT-00352-SCT
Justia Opinion Summary: A Harrison County grand jury indicted Mark Kee Brown for felony escape, and as a habitual offender under Mississippi Code Section 99-19-81. The State later moved the trial court to amend the grand jury’s indictment to…
Date: December 13, 2012
Citation: 2010-CT-01003-SCT
Petition for writ of certiorari filed by counsel for Gregory Eugene Janssen 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: December 13, 2012
Citation: 2010-CT-01306-SCT
Petition for writ of certiorari filed by Carl Keith Blackston and Joshua M. Stapleton is denied. To Deny: All Justices. Order entered.
Date: December 13, 2012
Citation: 2010-CT-01586-SCT
Docket Number: 2010-CT-01586-SCT
Justia Opinion Summary: This appeal by Dorothy Knight arose from a 2011 circuit court order. In it, the circuit court affirmed an administrative decision by the Public Employees Retirement System (PERS) denying disability benefits. Upon review,…
Date: December 13, 2012
Citation: 2010-CT-01629-SCT
Justia Opinion Summary: In a divorce proceeding, the chancery court ordered the father and mother to pay certain specific college expenses which the father argued should include flight lessons associated with the child’s aviation-related major.…
Date: December 13, 2012
Citation: 2010-CT-02000-SCT
Petition for writ of certiorari filed by Hemeter Properties, LLC, et al., is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and Pierce, JJ. To Deny: Randolph, Kitchens and King, JJ. Order entered.
Date: December 13, 2012
Citation: 2010-DR-01907-SCT
Motion for Leave to File Amended Petition for Post-Conviction Relief and Expand the Scope of Remand filed by Frederick Bell is denied. Kitchens, J., would grant. King, J., not participating. Order entered.
Date: December 13, 2012
Citation: 2010-KA-01670-SCT
Motion for rehearing filed by Marshall Keith Watkins is denied. Opinion modified at paragraphs 13 & 15 and footnote 10.
Date: December 13, 2012
Citation: 2011-CA-01093-SCT
Motion for rehearing filed by Kaye Hankins is denied. Waller, C.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.
Date: December 13, 2012
Citation: 2011-CT-00438-SCT
Petition for writ of certiorari filed by Ferlando Esco is denied. To Deny: All Justices. Order entered.
Date: December 13, 2012
Citation: 2011-CT-00664-SCT
Petition for writ of certiorari filed pro se by William Avery is denied. To Deny: All Justices. Order entered.
Date: December 13, 2012
Citation: 2011-CT-00695-SCT
Petition for writ of certiorari filed by Danny McGleachie is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J. Order entered.
Date: December 13, 2012
Citation: 2011-CT-01260-SCT
Petition for writ of certiorari filed pro se by Ricky Scruggs is denied. To Deny: All Justices. Order entered.
Date: December 13, 2012
Citation: 2011-IA-00631-SCT
Docket Number: 2011-IA-00631-SCT
Justia Opinion Summary: In this interlocutory appeal, the issue before the Supreme Court was whether the Circuit Court of Simpson County erred in ordering Defendants to produce a recorded statement and a privilege log of all documents withheld…
Date: December 13, 2012
Citation: 2011-KA-00557-SCT
Motion for rehearing filed by Glenn Wane Hawkins is denied. Dickinson, P.J., would grant.
Date: December 13, 2012
Citation: 2011-KA-00623-SCT
Docket Number: 2011-KA-00623-SCT
Justia Opinion Summary: The issue on direct appeal to the Supreme Court in this case involved Quincy Clayton's conviction for the murder of his wife Alice. The Court found the trial court erred in depriving Clayton submission of an alternative…
Date: December 13, 2012
Citation: 2011-KP-00106-SCT
Docket Number: 2011-KP-00106-SCT
Justia Opinion Summary: Pro se prisoner Edgar Earl Patton appealed his convictions on false pretense and fraudulent use of identity. He argued: (1) the circuit court judge engaged in improper ex parte communications; (2) he was denied his…
Date: December 6, 2012
Citation: 2010-CT-00778-SCT
Petition for writ of certiorari filed by Cornelius Belmer is dismissed. M.R.A.P. 17(b). Order entered.
Date: December 6, 2012
Citation: 2010-CT-01036-SCT
Petition for writ of certiorari filed by the Mississippi Department of Human Services is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Pierce and King, JJ. To Deny: Randolph, Kitchens and Chandler, JJ. Order entered.
Date: December 6, 2012
Citation: 2010-CT-01979-SCT
Petition for writ of certiorari filed by Edward Eugene Harper is denied. The Emergency Writ of Mandamus is denied. To Deny: All Justices. Order entered.
Date: December 6, 2012
Citation: 2010-CT-02060-SCT
Petition for writ of certiorari filed pro se by Marcus Roberts is denied. To Deny: All Justices. Order entered.
Date: December 6, 2012
Citation: 2010-SA-02013-SCT
Motion for rehearing filed by AT&T Corporation is denied.
Date: December 6, 2012
Citation: 2011-IA-01103-SCT
Docket Numbers: 2011-IA-01103-SCT, 2011-CA-01130-SCT
Justia Opinion Summary: In this interlocutory appeal, Ford Motor Company (Ford) wanted to preserve a confidential settlement agreement between it and the Estate and wrongful-death beneficiaries of Brian Cole (the Coles). The case on appeal was…
Date: December 6, 2012
Citation: 2011-IA-01624-SCT
Docket Number: 2011-IA-01624-SCT
Justia Opinion Summary: The Jackson County Court sitting as Youth Court exercised jurisdiction over two minors following allegations of abuse and neglect. The foster parents of the two minor children subsequently filed adoption proceedings in…
Date: December 6, 2012
Citation: 2011-KA-01435-SCT
Docket Number: 2011-KA-01435-SCT
Justia Opinion Summary: Ahmad Butler was convicted of manslaughter by a jury for which he was sentenced to twenty years in the custody of the Mississippi Department of Corrections. Butler appealed, claiming that pretrial photo lineups were…
Date: December 6, 2012
Citation: 2012-DR-00203-SCT
Request for Post-Conviction DNA Testing filed by counsel for Sherwood Brown is hereby granted. Brown is granted leave to file his motion in the DeSoto County Circuit Court. The motion shall be filed within thirty (30) days of the entry of this order. The circuit court shall order the testing of any biological evidence still in existence. To Grant: All Justices. Randolph, J., for the Court. Order entered.
Date: December 6, 2012
Citation: 2012-M-00693-SCT
Date: December 6, 2012
Citation: 2012-M-01471-SCT
Date: November 29, 2012
Citation: 2000-DR-01078-SCT
Motion to stay proceedings filed by the State of Mississippi is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Carlson and Dickinson, P.JJ., and Randolph, J. Order entered.
Date: November 29, 2012
Citation: 2008-CT-01855-SCT
Petition for writ of certiorari filed by Toulman D. Boatwright, Jr., is granted. To Grant: All Justices. Order entered.
Date: November 29, 2012
Citation: 2009-CT-01412-SCT
Petition for writ of certiorari filed by Toulman D. Boatwright, Jr., is granted. To Grant: All Justices. Order entered.
Date: November 29, 2012
Citation: 2010-CA-00653-SCT
Docket Numbers: 2010-CA-00653-SCT, 2010-CA-01177-SCT
Justia Opinion Summary: This consolidated appeal stemmed from a lawsuit in which Mark Wolgin sued various entities alleging wrongdoing surrounding his 2006 purchase of a condominium on the Gulf Coast. In case #2010-CA-00653-SCT, Wolgin appealed…
Date: November 29, 2012
Citation: 2010-CT-00423-SCT
Petition for writ of certiorari filed by Frank Demetrius Patton, pro se, is dismissed. M.R.A.P. 17(b). Order entered.
Date: November 29, 2012
Citation: 2010-CT-01444-SCT
Petition for writ of certiorari filed pro se by Anthony Fullilove is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
Date: November 29, 2012
Citation: 2010-CT-01664-SCT
Petition for writ of certiorari filed by John E. Stubbs, Jr., d/b/a Mississippi Polysteel is granted. To Grant: All Justices. Order entered.
Date: November 29, 2012
Citation: 2010-CT-01693-SCT
Petition for writ of certiorari filed by Jerry M. Stennett, Jr., is granted. To Grant: Dickinson, P.J., Randolph, Lamar, Pierce and King, JJ. To Deny: Waller, C.J., Carlson, P.J., Kitchens and Chandler, JJ. Order entered.
Date: November 29, 2012
Citation: 2010-CT-01760-SCT
Petition for writ of certiorari filed by Justin P. Pope and T. K. Stanley, Inc., is granted. To Grant: All Justices. Order entered.
Date: November 29, 2012
Citation: 2010-CT-01902-SCT
Petition for writ of certiorari filed by counsel for Eddie James Pugh, IV is denied. To Deny: All Justices. Order entered.
Date: November 29, 2012
Citation: 2010-CT-02024-SCT
Petition for writ of certiorari filed by the City of Vicksburg, Mississippi is granted. To Grant: Waller, C.J., Randolph, Lamar and Pierce, JJ. To Deny: Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. Order entered.
Date: November 29, 2012
Citation: 2010-CT-02038-SCT
Petition for writ of certiorari filed by counsel for Billy Williamson and Gene Abbott 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: November 29, 2012
Citation: 2011-CA-00091-SCT
Docket Number: 2011-CA-00091-SCT
Justia Opinion Summary: Michael Travis died in 1997 when a train struck his vehicle at a railroad crossing. His mother, Mary Travis, filed a wrongful-death suit against Illinois Central Railroad Company and its employees (collectively "Illinois…
Date: November 29, 2012
Citation: 2011-CA-00542-SCT
Docket Number: 2011-CA-00542-SCT
Justia Opinion Summary: The two subscribing witnesses to Lela W. Holmes’s will testified that they did not know they were witnessing a will; that Lela did not request they witness a will; and that they did nothing to satisfy themselves that…
Date: November 29, 2012
Citation: 2011-CA-00791-SCT
Motion for rehearing filed by David M. Rogillio is denied.
Date: November 29, 2012
Citation: 2011-CT-00376-SCT
Petition for writ of certiorari filed pro se by Rodney Hills 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: November 29, 2012
Citation: 2011-KA-00777-SCT
Docket Number: 2011-KA-00777-SCT
Justia Opinion Summary: Lessadolla Sowers was convicted in the Tunica County Circuit Court of ten counts of voter fraud as a habitual offender. Mississippi Bureau of Investigations officers determined that a significant number of absentee…
Date: November 15, 2012
Citation: 2010-CT-00946-SCT
Petition for writ of certiorari filed by counsel for Patrick Michael Serge is dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, J. Order entered.
Date: November 15, 2012
Citation: 2010-CT-01156-SCT
Petition for writ of certiorari filed by Larry N. Jenkins, Jr., is denied. To Deny: All Justices. Order entered.
Date: November 15, 2012
Citation: 2010-CT-01528-SCT
Petition for writ of certiorari filed by Wilbert Crook, pro se, is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.
Date: November 15, 2012
Citation: 2010-CT-01594-SCT
Petition for writ of certiorari filed by David E. Fleisher is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: November 15, 2012
Citation: 2010-CT-01939-SCT
Petition for writ of certiorari filed by Elizabeth Swain is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, J. Not Participating: Lamar, J. Order entered.
Date: November 15, 2012
Citation: 2011-CA-00697-SCT
Docket Number: 2011-CA-00697-SCT
Justia Opinion Summary: This case concerned whether preneed contracts for funeral services were unilaterally transferable by customers from the original service provider, Waller Funeral Home (Waller), to another service provider, Coleman…
Date: November 15, 2012
Citation: 2011-CA-01262-SCT
Lamar, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.
Date: November 15, 2012
Citation: 2011-CP-00176-SCT
Petition for writ of certiorari filed pro se by Marcus Vaughn is dismissed. Order entered.
Date: November 15, 2012
Citation: 2011-IA-01227-SCT
On the Court's own motion, the interlocutory appeal filed by Forrest General Hospital is dismissed, with costs assessed to Forrest General. Randolph, J., for the Court. Order entered.
Date: November 8, 2012
Citation: 2010-CT-00265-SCT
Petition for writ of certiorari filed by Joe Solomon Pruitt is denied. To Deny: All Justices. Order entered.
Date: November 8, 2012
Citation: 2010-CT-00707-SCT
Petition for writ of certiorari filed by Major Lee, Jr., is denied. To Deny: All Justices. Order entered.
Date: November 8, 2012
Citation: 2010-CT-01513-SCT
Petition for writ of certiorari filed by Melissa Handy is granted. To Grant: Lamar, Kitchens, Chandler and King, JJ. To Deny: Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. Not Participating: Waller, C.J. Order entered.
Date: November 1, 2012
Citation: 2010-CA-02005-SCT
Justia Opinion Summary: In this sexual-harassment, due-process, gender-discrimination, and retaliation case, the issue before the Supreme Court centered on whether the Circuit Court of Forrest County properly ruled on a motion for judgment…
Date: November 1, 2012
Citation: 2010-CT-01035-SCT
Petition for writ of certiorari filed pro se by Ricky Lee Godbolt is denied. To Deny: All Justices. Order entered.
Date: November 1, 2012
Citation: 2010-CT-01381-SCT
Petition for writ of certiorari filed by John Daniel Rodgers is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and King, JJ. Not Participating: Chandler, J. Order entered.
Date: November 1, 2012
Citation: 2010-SA-01073-SCT
Docket Number: 2010-SA-01073-SCT
Justia Opinion Summary: Vicksburg Chemical Company (VCC) filed for bankruptcy in 2002. Included in its bankruptcy estate was over 500 acres of real property, a portion of which was contaminated. Pursuant to an agreed order, the bankruptcy court…
Date: November 1, 2012
Citation: 2011-CA-00267-SCT
Docket Number: 2011-CA-00267-SCT
Justia Opinion Summary: An underground culvert system failed and caused a large sinkhole behind the Carraway residence. The culvert system drains Eastover Lake, which is owned by the surrounding property owners (collectively, "the Lake Owner…
Date: November 1, 2012
Citation: 2011-CA-00289-SCT
Docket Number: 2011-CA-00289-SCT
Justia Opinion Summary: After Robert Allcock died at a hospital, his mother sued the hospital, the treating doctor, and the doctor's clinic. Allcock failed to designate an expert, and the trial court denied her motion to amend the pretrial…
Date: November 1, 2012
Citation: 2011-CA-00375-SCT
Motion for rehearing filed by Appellants is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: November 1, 2012
Citation: 2011-CA-01410-SCT
Docket Number: 2011-CA-01410-SCT
Justia Opinion Summary: Jonathan and Lea Ann Byrd were married in 1991. They had four children together. The issue before the Supreme Court in this appeal was the chancellor's financial awards of property division, alimony, and child support.…
Date: November 1, 2012
Citation: 2011-CP-00012-SCT
Ocwen's Motion to Enforce Court Order is granted. On the Court's own motion, Claiborne's appeal is hereby dismissed pursuant to Rule 2(a) of the Mississippi Rules of Appellate Procedure, as Claiborne has failed to comply with the procedural requirements of this Court all costs are assessed to Claiborne in this matter. Pierce, J., for the Court. Order entered.
Date: November 1, 2012
Citation: 2011-CT-00081-SCT
Petition for writ of certiorari filed by counsel for Tyrell Williams is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.
Date: November 1, 2012
Citation: 2011-IA-00534-SCT
Docket Number: 2010-IA-00534-SCT
Justia Opinion Summary: James A. Burley filed a wrongful-death action on June 7, 2004, for the deaths of his daughter and grandchildren resulting from a vehicular accident between his daughter and an employee of Yazoo Valley Electric Power…
Date: November 1, 2012
Citation: 2011-SA-00773-SCT
Motion for rehearing filed by Appellant is denied.
Date: October 25, 2012
Citation: 2010-CT-00177-SCT
Petition for writ of certiorari filed by counsel for T.C.B. Construction Company, Inc., is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: October 25, 2012
Citation: 2010-CT-00422-SCT
The petition for writ of certiorari filed by the State of Mississippi was granted by order of this Court on August 30, 2012. Upon further consideration, the Court finds that there is no need for further review and the writ of certiorari should be dismissed. On the Court's own motion and pursuant to Rule 17(f) of the Mississippi Rules of Appellate Procedure, the writ of certiorari is dismissed. Chandler and Pierce, JJ., disagree. Waller, C.J., for the Court. Order entered.
Date: October 25, 2012
Citation: 2010-CT-00613-SCT
Petition for writ of certiorari filed by counsel for Thomas Dale Watts is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. Not Participating: Pierce, J. Order entered.
Date: October 25, 2012
Citation: 2010-CT-00629-SCT
Docket Number: 2010-CT-00629-SCT
Justia Opinion Summary: Johnny R. Young, Jr. was convicted in the Circuit Court of Union County on three counts of sexual battery of his minor daughter and was sentenced to three concurrent life sentences. The Supreme Court assigned Young's…
Date: October 25, 2012
Citation: 2010-CT-01025-SCT
Petition for writ of certiorari filed pro se by Laterrice Terrell Barnes is denied. To Deny: All Justices. Order entered.
Date: October 25, 2012
Citation: 2010-CT-01256-SCT
Docket Number: 2010-CT-01256-SCT
Justia Opinion Summary: A jury found Anthony Mercie Expose guilty of having forcible sexual intercourse with Shannon M. Bessee. The Court of Appeals reversed and remanded his conviction because it found that the trial court had erred in…
Date: October 25, 2012
Citation: 2010-CT-01267-SCT
Motion for rehearing filed by Appellee is denied. Pierce, J., would grant.
Date: October 25, 2012
Citation: 2010-CT-01424-SCT
Petition for writ of certiorari filed by counsel for McComb Nursing and Rehabilitation Center, Inc., is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Grant: Dickinson, P.J., and Pierce. J. Order entered.
Date: October 25, 2012
Citation: 2010-CT-02037-SCT
Petition for writ of certiorari filed pro se by Robert Lee Thomas is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss: Waller, C.J. Order entered.
Date: October 25, 2012
Citation: 2011-CA-00054-SCT
Motion for rehearing filed by Bailey Lumber & Supply Co., is denied. Kitchens, Chandler and King, JJ., would grant. Waller, C.J., not participating.
Date: October 25, 2012
Citation: 2011-CT-00147-SCT
Petition for writ of certiorari filed by Mississippi Farm Bureau Casualty Insurance Company, et al., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, J. Order entered.
Date: October 25, 2012
Citation: 2011-IA-00496-SCT
Docket Number: 2011-IA-00496-SCT
Justia Opinion Summary: In this wrongful death action filed by the decedent's niece, the defendants moved to dismiss the case, arguing that the niece did not have standing to file the complaint. At the same time, the decedent's brother's estate…
Date: October 25, 2012
Citation: 2011-IA-00730-SCT
This interlocutory appeal is before the en banc Court on its own motion. Having considered the records and the briefs, the Court determines that further review is unnecessary and that this appeal should be dismissed. It is therefore ordered that this interlocutory appeal is dismissed and the appellant shall bear the costs of this appeal. Dickinson, P.J., for the Court. Order entered.
Date: October 25, 2012
Citation: 2011-IA-00771-SCT
Docket Number: 2011-IA-00771-SCT
Justia Opinion Summary: This interlocutory appeal stemmed from litigation concerning a contract dispute among Williams Transport, LLC (Williams Transport), Driver Pipeline Company, Inc. (Driver Pipeline), Buckley Equipment Services, Inc.…
Date: October 18, 2012
Citation: 2008-CT-00627-SCT
Petition for writ of certiorari filed by the Public Employees' Retirement System is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2008-CT-01920-SCT
Docket Number: 2008-CT-01920-SCT
Justia Opinion Summary: Frederick Denell Grim was convicted by jury for the sale of cocaine. The circuit judge adjudicated Grim a habitual offender and sentenced him to life imprisonment without the possibility of parole. The Supreme Court…
Date: October 18, 2012
Citation: 2009-CT-01063-SCT
Docket Number: 2009-CT-01063-SCT
Justia Opinion Summary: After the estate of a former resident sued a nursing home for negligent care, the primary insurance carrier hired lawyers to defend the suit. Because the lawyers failed to timely designate an expert witness, the…
Date: October 18, 2012
Citation: 2009-CT-01630-SCT
Petition for writ of certiorari filed by the Public Employees' Retirement System is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2009-CT-02000-SCT
Docket Number: 2009-CT-02000-SCT
Justia Opinion Summary: A patient sued his dentist, claiming she negligently administered anesthesia, resulting in pain, swelling, and nerve damage. The trial court granted the dentist a directed verdict because the patient's expert failed to…
Date: October 18, 2012
Citation: 2010-CA-00924-SCT
Motion to Amend or Correct the Mississippi Supreme Court's Mandate filed by Rutha Eastman is granted. Mississippi Valley Silica Company, Inc. and Rutha Eastman shall split the costs of appeal. Order entered.
Date: October 18, 2012
Citation: 2010-CA-01357-SCT
Motion for rehearing filed by Appellee is denied.
Date: October 18, 2012
Citation: 2010-CT-00626-SCT
Petition for writ of certiorari filed by counsel for William C. Vinzant is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Waller, C.J. Order entered.
Date: October 18, 2012
Citation: 2010-CT-00676-SCT
Docket Number: 2010-CT-00676-SCT
Justia Opinion Summary: The trial court sentenced Charles Harris as a habitual offender to the maximum twenty years for aggravated assault, and to ten years for being a convicted felon who used a firearm in the commission of a felony. But the…
Date: October 18, 2012
Citation: 2010-CT-01251-SCT
Petition for writ of certiorari filed by Kerri Parmenter is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2010-CT-01588-SCT
Petition for writ of certiorari filed by Mississippi Transportation Commission is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2010-CT-01746-SCT
Petition for writ of certiorari filed by Mondrick Bradley is dismissed. M.R.A.P. 17(b). Order entered.
Date: October 18, 2012
Citation: 2010-CT-01965-SCT
Petition for writ of certiorari filed by Gregory Antonio Hollins is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2010-CT-02084-SCT
Petition for writ of certiorari filed by American National Insurance Company and Oraclean, Inc., is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Waller, C.J., and Kitchens, J. Not Participating: King, J. Order entered.
Date: October 18, 2012
Citation: 2011-CT-00172-SCT
Petition for writ of certiorari filed by counsel for Gail M. Anthony is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce and King, JJ. To Deny: Carlson, P.J., Randolph and Chandler, JJ. Order entered.
Date: October 18, 2012
Citation: 2011-CT-00225-SCT
Petition for writ of certiorari filed by counsel for Falesca Montgomery is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2011-CT-00248-SCT
Petition for writ of certiorari filed by the Public Employees' Retirement System is denied. To Deny: All Justices. Order entered.
Date: October 18, 2012
Citation: 2011-IA-00196-SCT
Motion to strike exhibits is dismissed as moot. Order entered.
Date: October 18, 2012
Citation: 2011-IA-00211-SCT
Motion to strike exhibits is dismissed as moot. Order entered.
Date: October 18, 2012
Citation: 2012-AP-01267
Pursuant to the Supreme Court's inherent power over the judiciary, Honorable Edwin Y. Hannan, County Court Judge of Madison County, is hereby appointed a special circuit judge of the Twentieth Circuit Court District for the limited purpose of presiding over the Twentieth Circuit Court District Drug Court, throughout the Twentieth Circuit Court District from August 24, 2011, nunc pro tunc, through the end of his current term of office on December 31, 2014. The Clerk of this Court shall transmit copies of this order to Honorable William E. Chapman, III, and Honorable John H. Emfinger, Judges of and for the Twentieth Circuit Court District Honorable Michael Guest, District Attorney for the Twentieth Circuit Court District the Circuit Clerk of Madison and Rankin Counties and Honorable Edwin Y. Hannan, Special Judge of the Twentieth Circuit Court District. Order entered.
Date: October 11, 2012
Citation: 2006-M-00593
Shawn Burton's pro se motion for rehearing, which is in the nature of a motion for reconsideration, is denied. Shawn Burton's pro se writ of certiorari, which is in the nature of a motion for reconsideration, is denied. Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ., to Deny. Dickinson, P.J., Kitchens and Chandler, JJ., to Grant. Randolph and King, JJ., Not Participating. Order entered.
Date: October 11, 2012
Citation: 2009-CA-01008-SCT
Motion for Enlargement of Pages for Appellee's Motion for Rehearing is granted. Order entered.
Date: October 11, 2012
Citation: 2009-CT-01529-SCT
Docket Number: 2009-CT-01529-SCT
Justia Opinion Summary: After Mississippi Farm Bureau Casualty Insurance Co. (Farm Bureau) delayed payment of Robert Fulton's uninsured-motorist benefits, Fulton sued. The jury found Farm Bureau negligent for failing to timely investigate and…
Date: October 11, 2012
Citation: 2010-CA-01880-SCT
Motion for rehearing filed by Precision Welding, Inc., is denied. Opinion modified at footnote 30. Kitchens, Chandler and King, JJ., would grant. Waller, C.J., not participating.
Date: October 11, 2012
Citation: 2010-CT-00058-SCT
Petition for writ of certiorari filed by Mississippi Farm Bureau Casualty Insurance Company is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Chandler, J. Not Participating: King, J. Order entered.
Date: October 11, 2012
Citation: 2010-CT-01399-SCT
Petition for writ of certiorari filed by Carolyn K. McNeel is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. Not Participating: Chandler, J. Order entered.
Date: October 11, 2012
Citation: 2010-CT-01676-SCT
Petition for writ of certiorari filed by Brandon HMA, et al., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Grant: Chandler, JJ. Order entered.
Date: October 11, 2012
Citation: 2010-CT-01958-SCT
Petition for writ of certiorari filed by counsel for Arthur Gerald Hudson and Linda S. Hudson is denied. To Deny: All Justices. Order entered.
Date: October 11, 2012
Citation: 2010-TS-00328
Carl James Caviness' pro se motion for rehearing, which is in the nature of a motion for reconsideration, is granted. This appeal is reinstated. Randolph and King, JJ., not participating. Order entered.
Date: October 11, 2012
Citation: 2011-CT-00206-SCT
Petition for writ of certiorari filed by counsel for Holly Kathleen Jenkins McKnight is granted. To Grant: Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ. To Deny: Dickinson, P.J., Randolph and Kitchens, JJ. Not Participating: King, J. Order entered.
Date: October 11, 2012
Citation: 2011-SA-01128-SCT
Docket Number: 2011-SA-01128-SCT
Justia Opinion Summary: The Mississippi Department of Health (DOH) issued a final order in 2011, approving a certificate-of-need (CON) application filed by Vicksburg Healthcare, LLC, doing business as River Region Health System (River Region),…
Date: October 11, 2012
Citation: 2012-M-00807-SCT
Motion for Reconsideration of Lauderdale County School District's Petition for Interlocutory Appeal filed by the Lauderdale County School District is denied. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens and Chandler, JJ. To Grant: Waller, C.J., and Pierce, J. Not Participating: Randolph and King, JJ. Order entered.
Date: October 4, 2012
Citation: 2009-CA-01040-SCT
Docket Numbers: 2009-CA-01040-SCT, 2009-CA-01174-SCT, 2009-CA-01041-SCT
Justia Opinion Summary: The plaintiffs (collectively "Tellus") alleged that they owned the "shallow gas" rights in a tract of land known as the Bilbo A Lease. While ownership of the shallow gas was disputed, all parties agreed that the…
Date: October 4, 2012
Citation: 2010-CA-01099-SCT
Docket Numbers: 2010-CA-01099-SCT, 2010-CA-01100-SCT
Justia Opinion Summary: Concerned with the sufficiency of process in multiple paternity and child-support cases, Chancellor D. Neil Harris conducted a hearing in which he found an individual process-server, Guy Jernigan; a notary, Thomas…
Date: October 4, 2012
Citation: 2010-CA-01100-SCT
Motion to Take Appeal as Confessed and to Reverse filed by Guy Jernigan is denied. Order entered.
Date: October 4, 2012
Citation: 2010-CA-01556-SCT
Motion for time to file a response to the motion for rehearing filed by Sondra Speakes Huerta is granted. The response, submitted on August 20, 2012, is accepted for filing. Order entered.
Date: October 4, 2012
Citation: 2010-CT-00203-SCT
Docket Number: 2010-CT-00203-SCT
Justia Opinion Summary: Robert Lee Jenkins was convicted for possession of a controlled substance. He was sentenced to life imprisonment under the habitual-offender statute. On appeal, The Supreme Court granted Jenkins's petition for writ of…
Date: October 4, 2012
Citation: 2010-CT-00240-SCT
Docket Number: 2010-CT-00240-SCT
Justia Opinion Summary: In the summer of 2008, Lonnie Young shot and killed his wife's lover at a family reunion. Young was convicted of murder and sentenced to life in prison. Young raised four issues on appeal. The Court of Appeals affirmed…
Date: October 4, 2012
Citation: 2010-CT-01728-SCT
Petition for writ of certiorari filed by Brian Williams is dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, J. Order entered.
Date: October 4, 2012
Citation: 2011-CA-00163-SCT
Motion for rehearing filed by Barbara Lanier, et al., is denied.
Date: October 4, 2012
Citation: 2011-CA-00164-SCT
Docket Number: 2011-CA-00164-SCT
Justia Opinion Summary: This case involved a residence that the plaintiff homeowners allege contained "major structural defects." After discovering these defects and notifying the builder, the parties entered a "tolling agreement" to toll the…
Date: October 4, 2012
Citation: 2011-CA-00168-SCT
Docket Number: 2011-CA-00168-SCT
Justia Opinion Summary: In 1994, while en route to the scene of a fire, volunteer fireman James Hingle collided with a vehicle occupied by Sam and Ruby Anderson. Hingle was driving his personal vehicle at the time of the accident. The Andersons…
Date: October 4, 2012
Citation: 2011-CA-00813-SCT
Docket Number: 2011-CA-00813-SCT
Justia Opinion Summary: Robert Rowland appealed a circuit court judgment that denied his motion for post-conviction collateral relief. Rowland claimed that he was placed in double jeopardy when he was convicted on two counts of armed robbery…
Date: October 4, 2012
Citation: 2011-CA-00842-SCT
Motion for rehearing filed by Pikco Finance, Inc., is denied. Kitchens, J., not participating.
Date: October 4, 2012
Citation: 2011-CA-01093-SCT
Docket Number: 2011-CA-01093-SCT
Justia Opinion Summary: In July 2001, Kaye Hankins entered into a home-construction contract with Elite Homes, Inc. ("Elite"). An August 2001 soil-test report on the subject property recommended that "a stabilizing blanket of natural silty…
Date: October 4, 2012
Citation: 2011-IA-00483-SCT
Motion for Clarification filed by Caregivers, LLC, et al., is denied. Order entered.
Date: October 4, 2012
Citation: 2011-IA-00541-SCT
Docket Number: 2011-IA-00541-SCT
Justia Opinion Summary: This interlocutory appeal came before the Supreme Court from the denial of a motion to dismiss or, alternatively, motion for summary judgment. The issue was whether George Poppenheimer, a volunteer firefighter, was…
Date: September 27, 2012
Citation: 2010-CT-00165-SCT
Petition for writ of certiorari filed by Jeff Wayne Tucker is dismissed. M.R.A.P. 17(b). Order entered.
Date: September 27, 2012
Citation: 2010-CT-00823-SCT
Petition for writ of certiorari filed by Roger Carroll is denied. To Deny: Waller, C.J., Carlson, P.J., Lamar, Kitchens, Pierce and King, JJ. To Grant: Dickinson, P.J., Randolph and Chandler, JJ. Order entered.
Date: September 27, 2012
Citation: 2010-CT-01071-SCT
Petition for writ of certiorari filed pro se by Lee Alexander Brooks is denied. To Deny: All Justices. Order entered.
Date: September 27, 2012
Citation: 2010-CT-01516-SCT
Petition for writ of certiorari filed by Howard Industries, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, J. Order entered.
Date: September 27, 2012
Citation: 2010-CT-01522-SCT
Petition for writ of certiorari filed by counsel for Markeith Williams is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Waller, C.J. Order entered.
Date: September 27, 2012
Citation: 2010-KA-01498-SCT
Docket Number: 2010-KA-01498-SCT
Justia Opinion Summary: Defendant James Wayland Mosley was sentenced to a total of 126 years in the custody of the Mississippi Department of Corrections (MDOC) after a jury convicted him on one count of selling cocaine, one count of selling…
Date: September 27, 2012
Citation: 2011-CA-00791-SCT
Docket Number: 2011-CA-00791-SCT
Justia Opinion Summary: This matter came before the Supreme Court on appeal of a trial court's grant of an irreconcilable-differences divorce in late 2008. David and Helen Rogillio were married for eleven years, living in Vicksburg with their…
Date: September 27, 2012
Citation: 2011-CT-00040-SCT
Petition for writ of certiorari filed pro se by Willie Lee Williams is denied. To Deny: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss: Waller, C.J., and Dickinson, P.J. Order entered.
Date: September 27, 2012
Citation: 2011-IA-00859-SCT
Motion for rehearing filed by the Appellees is denied. Kitchens, Chandler and King, JJ., would grant.
Date: September 25, 2012
Citation: 2012-EC-01506-SCT
Docket Number: 2012-EC-01506-SCT
Justia Opinion Summary: Latrice Westbrooks filed a Qualifying Statement of Intent with the Secretary of State's Office to declare her intent to be a candidate for the office of Court of Appeals of the State of Mississippi, District 2, Position…
Date: September 20, 2012
Citation: 2009-CT-01955-SCT
Motion for rehearing filed by Tara Wells is denied. Dickinson, P.J., and King, J., would grant.
Date: September 20, 2012
Citation: 2010-CT-01590-SCT
Petition for writ of certiorari filed by Terry Fleming is denied. To Deny: Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Waller, C.J., Dickinson, P.J., and Kitchens, J. Order entered.
Date: September 20, 2012
Citation: 2010-KM-01393-SCT
Docket Numbers: 2010-KM-01393-SCT, 2010-KM-01410-SCT, 2010-KM-01466-SCT, 2010-KM-01674-SCT
Justia Opinion Summary: Mississippi Department of Human Services ("DHS") retained a law firm for a large number of paternity and child-support cases. The law firm contracted process-service companies to serve defendants in the DHS cases.…
Date: September 20, 2012
Citation: 2011-KA-00295-SCT
Motion for rehearing filed by Darrin D. Wilson is denied.
Date: September 20, 2012
Citation: 2011-KA-00557-SCT
Docket Number: 2011-KA-00557-SCT
Justia Opinion Summary: Glenn Wane Hawkins was convicted by a jury of murdering his girlfriend, Rita Fair, and given a mandatory life sentence. Hawkins timely filed a direct appeal to the Supreme Court, claiming that the evidence was…
Date: September 20, 2012
Citation: 2011-SA-01041-SCT
Motion for rehearing filed by the Attorney General for the State of Mississippi is denied.
Date: September 13, 2012
Citation: 2010-CT-00042-SCT
Motion for rehearing filed by the Appellants is denied. Carlson and Dickinson, P.JJ., and Randolph, J., would grant.
Date: September 13, 2012
Citation: 2010-CT-00136-SCT
Petition for writ of certiorari filed pro se by David Hawkins is dismissed as untimely filed. To Dismiss As Untimely Filed: Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ. To Deny: Dickinson, P.J., Randolph, Kitchens and King, JJ. Order entered.
Date: September 13, 2012
Citation: 2010-CT-00621-SCT
Petition for writ of certiorari filed by Lutricia Magee is denied. To Deny: All Justices. Order entered.
Date: September 13, 2012
Citation: 2010-CT-00791-SCT
Petition for writ of certiorari filed by counsel for Donnie Foster and Shirley Foster is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, J. Order entered.
Date: September 13, 2012
Citation: 2010-CT-01004-SCT
Petition for writ of certiorari filed by Steve Antonio Anthony is granted. To Grant: Waller, C.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Carlson and Dickinson, P.JJ., Randolph and Lamar, JJ. Order entered.
Date: September 13, 2012
Citation: 2010-CT-01148-SCT
Petition for writ of certiorari filed by the State of Mississippi was granted by order of this Court on July 19, 2012. Having carefully reviewed the issues and the record in this matter, the Court finds that there is no need for further review and the writ of certiorari should be dismissed. On the Court's own motion, the order entered on July 19, 2012, which granted certiorari is vacated and the writ of certiorari is dismissed. Randolph, J., disagrees with order. Order entered.
Date: September 13, 2012
Citation: 2010-CT-01277-SCT
Petition for writ of certiorari filed pro se by James L. Holmes is denied. To Deny: All Justices. Order entered.
Date: September 13, 2012
Citation: 2010-CT-01629-SCT
Petition for writ of certiorari filed by counsel for Teresa De Jesus Zweber is granted. To Grant: All Justices. Order entered.
Date: September 13, 2012
Citation: 2010-CT-02031-SCT
Petition for writ of certiorari filed by Willie Lee Madden, Jr., is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss: Waller, C.J. Order entered.
Date: September 13, 2012
Citation: 2011-CA-01914-SCT
Docket Number: 2011-CA-01914-SCT
Justia Opinion Summary: In late 2011, the Bolivar County prosecuting attorney filed a petition in the county Youth Court, seeking an adjudicatory hearing, after receiving a complaint that two minor girls, S.G.M. and C.D.M., ages thirteen and…
Date: September 13, 2012
Citation: 2011-CT-00388-SCT
Petition for writ of certiorari filed pro se by James Orlando Houston is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss: Waller, C.J. Order entered.
Date: September 13, 2012
Citation: 2011-IA-00682-SCT
Docket Number: 2011-IA-00682-SCT
Justia Opinion Summary: Peggy Thornton filed a wrongful death action in 2007 against Woodall Electric Company, Inc. (her deceased husband's employer), as well as several fictitious defendants. Thornton later added Defendants Tanfield Group,…
Date: September 6, 2012
Citation: 2009-CT-00350-SCT
Motion for rehearing filed by the City of Jackson is denied. Opinion modified at paragraph 3, footnote 3. Dickinson, P.J., would grant. King, J., not participating.
Date: September 6, 2012
Citation: 2009-CT-00554-SCT
Petition for writ of certiorari filed by counsel for Nancy Clark, Administratrix of the Estate of Shenandoah H. Clark, Deceased, and Christie Clark, is granted. To Grant: Carlson, P.J., Lamar, Chandler and King, JJ. To Deny: Dickinson, P.J., Randolph, Kitchens and Pierce, JJ. Not Participating: Waller, C.J. Order entered.
Date: September 6, 2012
Citation: 2009-CT-01202-SCT
Docket Number: 2009-CT-01202-SCT
Justia Opinion Summary: Dr. Jerry Pratt slipped and fell down a set of stairs at the Gulfport-Biloxi Regional Airport. Pratt filed suit against the Gulfport-Biloxi Regional Airport Authority (GBRAA) in the Circuit Court for the First Judicial…
Date: September 6, 2012
Citation: 2009-CT-01465-SCT
Petition for writ of certiorari filed by counsel for Gary E. White is denied. To Deny: All Justices. Order entered.
Date: September 6, 2012
Citation: 2009-CT-02033-SCT
Petition for writ of certiorari filed by Brett Jones is granted. To Grant: All Justices. Order entered.
Date: September 6, 2012
Citation: 2010-CA-01616-SCT
Docket Number: 2010-CA-01616-SCT
Justia Opinion Summary: Parham Pointe North, LLC and K. Wayne Rice & Associates together appealed, and Ballard Realty Company separately appealed, (collectively "Defendants") a decision from the Hinds County Circuit Court which awarded damages…
Date: September 6, 2012
Citation: 2010-CT-02070-SCT
Petition for writ of certiorari filed by Nancy Birmingham Walters is denied. To Deny: All Justices. Order entered.
Date: September 6, 2012
Citation: 2010-SA-02013-SCT
Docket Number: 2010-SA-02013-SCT
Justia Opinion Summary: n 1993, AT&T Corporation and affiliate corporations (collectively, AT&T) filed an affiliated group, Mississippi income tax return with the Mississippi Department of Revenue f/k/a Mississippi State Tax Commission, using…
Date: September 6, 2012
Citation: 2011-CA-00375-SCT
Justia Opinion Summary: Twenty-year-old Xavier Zurndell Moore pled guilty to manslaughter for the shooting death of his mother's live-in boyfriend, Robert Williams. The fatal bullet had been purchased from the Walmart in Indianola, Mississippi.…
Date: September 6, 2012
Citation: 2011-CT-00643-SCT
Petition for writ of certiorari filed by Mario Dockery, pro se, is denied. To Deny: All Justices. Order entered.
Date: September 6, 2012
Citation: 2011-DR-00028-SCT
Petition for Writ of Mandamus and/or Petition for Extraordinary Relief is dismissed without prejudice. The State's Motion for Enlargement of Time Within Which to File Response to Petition for Writ of Mandamus and/or Petition for Extraordinary Relief is dismissed as moot. Moffett's motion to stay his post-conviction relief proceedings before this Court is granted until such time as MDOC is heard in the proceedings regarding petitioner's due process claims and the Circuit Court of Hinds County, First Judicial District, rules on Moffett's pending motions. Order entered.
Date: August 30, 2012
Citation: 2007-CA-01504-SCT
The Court's stay is vacated the Appellee's Motion to Dismiss is granted this appeal is dismissed with prejudice the parties shall bear their own costs. Carlson, P.J., for the Court. Order entered.
Date: August 30, 2012
Citation: 2010-CA-01465-SCT
Motion for rehearing filed by Troy Lofton is denied. Randolph and Pierce, JJ., not participating.
Date: August 30, 2012
Citation: 2010-CA-02069-SCT
Docket Number: 2010-CA-02069-SCT
Justia Opinion Summary: James Mallard and Tonya Mallard (now Tonya Mallard Burkart) were divorced on in 2001. Incorporated into the Final Judgment of Divorce was the Child Custody and Support and Property Settlement Agreement executed by the…
Date: August 30, 2012
Citation: 2010-CS-00323-SCT
Motion for rehearing filed by Barbara Dunn, Hinds County Circuit Clerk, is denied. Waller, C.J., and King, J., not participating.
Date: August 30, 2012
Citation: 2010-CT-00243-SCT
Petition for writ of certiorari filed by Jason Bernard Foxworth 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: August 30, 2012
Citation: 2010-CT-00422-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, Pierce and King, JJ. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens and Chandler, JJ. Order entered.
Date: August 30, 2012
Citation: 2011-IA-00483-SCT
On the Court's own motion, after review of the petition, response and briefs, we find that the pleadings and briefs fail to satisfy Rule 5 requirements for an interlocutory appeal. Accordingly, the interlocutory appeal is dismissed. Caregivers shall bear the costs of this appeal. Randolph, J., for the Court. Order entered.
Date: August 30, 2012
Citation: 2011-IA-00519-SCT
Docket Number: 2011-IA-00519-SCT
Justia Opinion Summary: Edna Phillips filed suit against Tich K. Huynh, d/b/a Elegant Nails Salon, asserting negligence in operation, negligence in maintenance, and gross negligence against Elegant Nails based upon a corneal abrasion Phillips…
Date: August 30, 2012
Citation: 2011-KA-00881-SCT
Chandler, J. Disposition: Per Curiam Affirmance. Conviction of burglary of a dwelling and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended, with conditions, Affirmed. Sentence shall run consecutively to any sentence previously imposed. Tunica County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur.
Date: August 23, 2012
Citation: 2009-CT-00824-SCT
Petition for writ of certiorari filed by Joseph W. Blackston is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.
Date: August 23, 2012
Citation: 2009-CT-01495-SCT
Docket Number: 2009-CT-01495-SCT
Justia Opinion Summary: Cecil Ben was convicted of rape and sentenced to life imprisonment by circuit court. The Court of Appeals affirmed his conviction and sentence. In his petition for writ of certiorari, Ben argued: (1) that his…
Date: August 23, 2012
Citation: 2010-CT-00202-SCT
Docket Number: 2010-CT-00202-SCT
Justia Opinion Summary: Henry Taylor and Eddie Ray Jones were tried jointly for aggravated assault and possession of a firearm by a felon. Taylor was found guilty on both charges, and Jones was acquitted on the latter charge but convicted on…
Date: August 23, 2012
Citation: 2010-CT-00526-SCT
Motion for rehearing filed by Ruth Agnes Crosthwait is denied. Kitchens, Chandler and King, JJ., would grant. Lamar, J., not participating.
Date: August 23, 2012
Citation: 2010-CT-00535-SCT
Petition for writ of certiorari filed by counsel for Britton & Koontz Bank, N.A., and Amfed National 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 23, 2012
Citation: 2010-CT-00971-SCT
Motion for rehearing filed by City of Cleveland, Mississippi is denied. King, J., would grant.
Date: August 23, 2012
Citation: 2010-CT-01339-SCT
Petition for writ of certiorari filed by Kenneth Baker 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 23, 2012
Citation: 2010-CT-01354-SCT
Petition for writ of certiorari filed pro se by Amir Young is denied. To Deny: All Justices. Order entered.
Date: August 23, 2012
Citation: 2010-CT-01586-SCT
Petition for writ of certiorari filed by Dorothy Knight is granted. To Grant: Waller, C.J., Chandler, Pierce and King, JJ. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar and Kitchens, JJ. Order entered.
Date: August 23, 2012
Citation: 2010-CT-01625-SCT
Petition for writ of certiorari filed pro se by Jaire T. Pierce, Jr., is denied. To Deny: All Justices. Order entered.
Date: August 23, 2012
Citation: 2010-KA-01722-SCT
Motion for rehearing filed by Ted W. Stone is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: August 23, 2012
Citation: 2011-CA-00632-SCT
Docket Number: 2011-CA-00632-SCT
Justia Opinion Summary: Three death-row inmates, Robert Simon, Rodney Gray, and Benny Stevens, along with the groups, Mississippians Educating for Smart Justice and Mississippi CURE, Inc. (collectively, the petitioners) filed a complaint in…
Date: August 23, 2012
Citation: 2011-CT-00269-SCT
Petition for writ of certiorari filed by Jay McCalpin is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson, P.J., Randolph, Lamar and Pierce, JJ. To Dismiss: Carlson, P.J. Order entered.
Date: August 23, 2012
Citation: 2011-FC-00143-SCT
Docket Number: 2011-FC-000143-SCT
Justia Opinion Summary: In 2005, Appellant Lisa Learmonth received severe injuries in an auto/truck collision with a vehicle owned by Sears, Roebuck & Company and driven by its employee. She filed suit against Sears in federal district court.…
Date: August 16, 2012
Citation: 2009-CT-01787-SCT
Motion for rehearing filed by 5K Farms, Inc., is denied. Opinion modified at paragraph 25. King, J., not participating.
Date: August 16, 2012
Citation: 2010-CA-01357-SCT
Justia Opinion Summary: The "Child Custody, Support and Property Settlement Agreement" between A.M.L. and J.W.L., incorporated into their February 2002 "Final Judgment of Divorce," provided that they would share "joint legal custody" of their…
Date: August 16, 2012
Citation: 2010-CT-00518-SCT
Petition for writ of certiorari filed by Sam Green is denied. To Deny: All Justices. Order entered.
Date: August 16, 2012
Citation: 2010-CT-00910-SCT
Petition for writ of certiorari filed by Basil Thornton is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and King, JJ. To Grant: Dickinson, P.J., Chandler and Pierce, JJ. Order entered.
Date: August 16, 2012
Citation: 2010-CT-01267-SCT
Justia Opinion Summary: Plaintiffs Diana Ladnier and Lawrence Ladnier appealed the judgment of the George County Circuit Court which granted summary judgment in favor of Defendant Joseph Hester. The Court of Appeals, in a six-three opinion,…
Date: August 16, 2012
Citation: 2010-CT-01492-SCT
Petition for writ of certiorari filed by counsel for Leo Lucas Laurent, Jr., 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: August 16, 2012
Citation: 2010-KA-01191-SCT
Justia Opinion Summary: Allen Rogers, Jr. was convicted by a jury of two counts of child sex abuse and was sentenced to a total of thirty-three years' imprisonment. In Count One, Rogers was convicted of sexual battery against eight-year-old…
Date: August 16, 2012
Citation: 2010-KA-01670-SCT
Justia Opinion Summary: Marshall Keith Watkins was convicted of possession with intent to distribute five separate controlled substances and simple possession of one controlled substance. Watkins appealed his conviction, arguing the trial court…
Date: August 16, 2012
Citation: 2011-BD-01685-SCT
Date: August 16, 2012
Citation: 2011-CT-00022-SCT
Petition for writ of certiorari filed pro se by Raymond Joseph Greer is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: King, J. To Dismiss: Waller, C.J. Order entered.
Date: August 16, 2012
Citation: 2011-KA-00247-SCT
Motion for rehearing filed by Jonathan Dwight Havard is denied.
Date: August 9, 2012
Citation: 2009-KP-00233-SCT
Docket Number: 2009-KP-00233-SCT
Justia Opinion Summary: In this case, the trial judge erroneously denied Defendant Merlin Hardison's peremptory strike during voir dire, holding that the juror's previous service on a jury in a criminal case was not a race-neutral reason for…
Date: August 9, 2012
Citation: 2010-CA-01615-SCT
Motion for rehearing filed by the Appellee is denied. Kitchens and Pierce, JJ., would grant.
Date: August 9, 2012
Citation: 2010-CT-00056-SCT
Motion for rehearing filed by Carolyn Epperson is denied.
Date: August 9, 2012
Citation: 2010-CT-00670-SCT
Petition for writ of certiorari filed pro se by Andrew Conwill is denied. To Deny: All Justices. Order entered.
Date: August 9, 2012
Citation: 2010-CT-00682-SCT
Petition for writ of certiorari filed by counsel for Kelvin McKnight is denied. To Deny: All Justices. Order entered.
Date: August 9, 2012
Citation: 2010-CT-00865-SCT
Petition for writ of certiorari filed by Glen Avent is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: King, J. Order entered.
Date: August 9, 2012
Citation: 2010-CT-00901-SCT
Docket Number: 2010-CT-00901-SCT
Justia Opinion Summary: Defendant Matthew Miller was tried and convicted of aggravated assault and forcible rape of his girlfriend's minor daughter. The Supreme Court assigned the case to the Court of Appeals who affirmed Defendant's…
Date: August 9, 2012
Citation: 2010-CT-01013-SCT
Petition for writ of certiorari filed by counsel for Stephen D. Reffalt, Jr., is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., To Grant: Dickinson, P.J. Order entered.
Date: August 9, 2012
Citation: 2010-CT-01169-SCT
Petition for writ of certiorari filed by Herbert C. Hanson, Jr., is granted. To Grant: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Chandler, JJ. To Deny: Dickinson, P.J., and Randolph, J. Not Participating: Pierce and King, JJ. Order entered.
Date: August 9, 2012
Citation: 2010-CT-01192-SCT
Petition for writ of certiorari filed by Jason Benard Foxworth is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J. Order entered.
Date: August 9, 2012
Citation: 2010-CT-01330-SCT
Petition for writ of certiorari filed by Carson Johnson is denied. To Deny: All Justices. Order entered.
Date: August 9, 2012
Citation: 2011-CA-00054-SCT
Docket Number: 2011-CA-00054-SCT
Justia Opinion Summary: Dwight Robinson filed suit against Bailey Lumber & Supply Company for injuries and damages he allegedly sustained as a result of a fall on Bailey Lumber's premises. A jury returned a general verdict in favor of Robinson…
Date: August 9, 2012
Citation: 2011-IA-00951-SCT
Docket Number: 2011-IA-00951-SCT
Justia Opinion Summary: Robert Lee Kitchens, Jr., and his wife, Mary L. Kitchens, died as a result of injuries received in a collision between their automobile and a train owned and operated by Illinois Central Railroad Company ("Illinois…
Date: August 2, 2012
Citation: 2009-CT-01846-SCT
Petition for writ of certiorari filed by counsel for Shirley Cumberland Taylor 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: August 2, 2012
Citation: 2010-CA-00881-SCT
Docket Number: 2010-CA-00881-SCT
Justia Opinion Summary: To pursue claims against Microsoft for alleged violations of the Mississippi antitrust and consumer-protection laws, Attorney General Jim Hood signed a contingency-fee contract with Hazzard Law, LLC, which, in turn,…
Date: August 2, 2012
Citation: 2010-CA-01880-SCT
Docket Number: 2010-CA-01880-SCT
Justia Opinion Summary: For four years, subcontractor Precision Welding, Inc. provided construction services to Denbury Onshore, LLC, under an oral agreement. Denbury, claiming its contract with Precision was terminable at will, terminated the…
Date: August 2, 2012
Citation: 2010-CT-00274-SCT
Petition for writ of certiorari filed by Roundstone Development, LLC is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., and Carlson, P.J. Not Participating: Randolph, J. Order entered.
Date: August 2, 2012
Citation: 2010-CT-00859-SCT
Petition for writ of certiorari filed pro se by Derrick T. Williams is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.
Date: August 2, 2012
Citation: 2010-CT-01150-SCT
Petition for writ of certiorari filed pro se by Robert Smith is denied. To Deny: All Justices. Order entered.
Date: August 2, 2012
Citation: 2010-CT-01991-SCT
Petition for writ of certiorari filed by Scott James Johnson is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.
Date: August 2, 2012
Citation: 2010-IA-01764-SCT
Docket Number: 2010-IA-01764-SCT
Justia Opinion Summary: This interlocutory appeal presented the issue of whether a volunteer fire department incorporated under the Mississippi Non-Profit Corporation Act is a "political subdivision" under the Mississippi Tort Claims Act (MTCA)…
Date: August 2, 2012
Citation: 2011-AN-00016-SCT
Docket Number: 2011-AN-00016-SCT
Justia Opinion Summary: The Lee County Chancery Court entered a decree approving and ratifying, with modifications, an annexation ordinance adopted by the City of Tupelo. Notices of appeal were filed by Lee County, Mississippi; the Belden Fire…
Date: August 2, 2012
Citation: 2011-IA-00953-SCT
Docket Number: 2011-IA-00953-SCT
Justia Opinion Summary: In 2006, Lester Butler filed a personal-injury action against David Holmes and John Does 1-5. Later, he moved to amend his complaint to substitute a trucking company, D.P. Holmes Trucking, LLC, for Holmes or, in the…
Date: August 2, 2012
Citation: 2011-SA-00773-SCT
Docket Number: 2011-SA-00773-SCT
Justia Opinion Summary: Anadarko Petroleum Corporation petitioned the Mississippi State Oil and Gas Board to determine the propriety of costs that Kelly Oil Company was attempting to charge to Anadarko as a nonconsenting owner in a…
Date: August 2, 2012
Citation: 2012-M-00685-SCT
Petition for Interlocutory Appeal filed by counsel for River Oaks Hospital and Dr. William Ashley Hood is denied. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Pierce and King, JJ. To Grant: Waller, C.J., and Randolph, J. Not Participating: Chandler, J. Order entered.
Date: August 2, 2012
Citation: 2012-M-00693
On the Court's own motion, the implementation and the effective date of the Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court, filed in the Circuit Court of the First Judicial District of Hinds County on April 17, 2012, are hereby stayed until further order of this Court. All parties may file supplemental pleadings addressing the constitutionality of Section 9-7-25(2), as well as any other issues the parties and the Attorney General deem appropriate. Any supplemental pleadings are due within fourteen days of the date of entry of this Order. The Attorney General of the State of Mississippi is invited to respond pursuant to Rule 44 of the Mississippi Rules of Appellate Procedure. The response is due within fourteen days of the date of entry of this order. Not participating: Waller, C.J. Order entered.
Date: August 2, 2012
Citation: 2012-UR-01108-SCT
Motion to Implement Interim Rates filed by Mississippi Power Company, Inc., is denied. Motion to File Document Under Seal is dismissed. Motion to Expedite Appeal is granted in part. Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Agree. Waller, C.J., Not Participating. Order entered.
Date: July 26, 2012
Citation: 2009-CT-01529-SCT
Petition for writ of certiorari filed by counsel for Mississippi Farm Bureau Casualty Insurance Company is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Kitchens, Chandler and King, JJ. Order entered.
Date: July 26, 2012
Citation: 2009-CT-01955-SCT
Docket Number: 2009-CT-01955-SCT
Justia Opinion Summary: William and Sarah Smith are the grandparents of Jason Wells. Jason's mother, Tara Wells, is Sarah's daughter. The Smiths filed a petition for temporary and permanent custody of Jason. They later filed a separate petition…
Date: July 26, 2012
Citation: 2010-CA-01104-SCT
Docket Numbers: 2010-CA-01104-SCT, 2003-CA-02270-SCT
Justia Opinion Summary: Town Creek Water Management District of Lee, Pontotoc, Prentiss, and Union Counties ("Town Creek") appealed a decision of the Lee County Chancery Court that awarded compensatory and punitive damages, attorney fees, and…
Date: July 26, 2012
Citation: 2010-CT-00683-SCT
Petition for writ of certiorari filed by Baptist Memorial Hospital - North Mississippi, Inc., is denied. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Grant: Waller, C.J., Randolph and Pierce, JJ. Order entered.
Date: July 26, 2012
Citation: 2010-CT-00777-SCT
Petition for writ of certiorari filed pro se by Johnny Ray Sims is denied. To Deny: All Justices. Order entered.
Date: July 26, 2012
Citation: 2010-CT-02094-SCT
Petition for writ of certiorari filed by Marquis T. Townes is dismissed. To Dismiss: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Waller, C.J., Randolph and King, JJ. Order entered.
Date: July 26, 2012
Citation: 2011-CA-00163-SCT
Docket Number: 2011-CA-00163-SCT
Justia Opinion Summary: In 1998, Barbara Lanier's two-year-old son Darrell Gill Jr. died while being treated at the University of Mississippi Medical Center (UMC) for a a rare genetic disorder – Chediak-Higashi Syndrome (CHS). Lanier filed a…
Date: July 26, 2012
Citation: 2011-CA-00842-SCT
Docket Number: 2011-CA-00842-SCT
Justia Opinion Summary: The Mississippi Department of Revenue (MDOR) issued a subpoena to Pikco Finance, Inc. (Pikco), requesting documentation pertaining to Pikco's nonpayment of finance company privilege taxes. Pikco filed a petition to quash…
Date: July 26, 2012
Citation: 2011-IA-00859-SCT
Docket Number: 2011-IA-00859-SCT
Justia Opinion Summary: In September 2007, Henry Phillips murdered Doris Shavers in the home they shared. The heirs of Shavers sued the City of Jackson ("the City"), claiming the actions of its police officers caused Shavers's death. The City…
Date: July 26, 2012
Citation: 2011-IA-01624-SCT
On the Court's own motion, Motion to Join Interlocutory Appeal filed by Frank Hartley, Jr., is granted. We vacate this Court's February 7, 2012 order dismissing Frank Hartley, Jr.'s Motion to Join Interlocutory Appeal. Pierce, J., not participating. Order entered.
Date: July 26, 2012
Citation: 2012-IA-00704-SCT
Petition for Interlocutory Appeal filed by counsel for Syble I. Hall is granted. The Notice of Appeal is deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The Order Overruling Motion for Change of Venue entered April 24, 2012 in the Circuit Court of Smith County, case No. 2010-419, is reversed and this matter is remanded to the Circuit Court of Smith County for entry of an order transferring said case to an appropriate venue. Kimberly M. Dukes is taxed with all costs of this appeal. Agreed: All Justices. Carlson, P.J., for the Court. Order entered.
Date: July 19, 2012
Citation: 2009-CT-00251-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Dickinson, P.J., and Chandler, J. Not Participating: King, J. Order entered.
Date: July 19, 2012
Citation: 2009-CT-01701-SCT
Petition for writ of certiorari filed by counsel for Appellant is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Waller, C.J. Order entered.
Date: July 19, 2012
Citation: 2010-CA-00741-SCT
Motion to Receive and Accept Cross-Appellant's Motion for Rehearing filed by Magnolia Healthcare, Inc., is granted. Order entered.
Date: July 19, 2012
Citation: 2010-CA-00924-SCT
Docket Number: 2010-CA-00924-SCT
Justia Opinion Summary: Robert Eastman claimed Mississippi Valley Silica Company, Inc. ("MVS"), the company that supplied sand to his employer Marathon LeTourneau, failed to warn him of the dangers posed by sandblasting. At trial, MVS requested…
Date: July 19, 2012
Citation: 2010-CA-00955-SCT
Motion for rehearing filed by Joe Tucker, Benny Goff and the Board of Supervisors of Jackson County is denied. Waller, C.J., and Randolph, J., would grant. Pierce, J., not participating.
Date: July 19, 2012
Citation: 2010-CT-00466-SCT
Petition for writ of certiorari filed by Jerome Patterson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Grant: Chandler, J. Order entered.
Date: July 19, 2012
Citation: 2010-CT-00631-SCT
Petition for writ of certiorari filed pro se by Dung Thank Tran a/k/a Julio Tran is denied. To Deny: All Justices. Order entered.
Date: July 19, 2012
Citation: 2010-CT-01148-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.
Date: July 19, 2012
Citation: 2010-CT-01256-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.
Date: July 19, 2012
Citation: 2010-KA-01581-SCT
The premature appeal of this case should be and is hereby dismissed without prejudice and the costs of this appeal are hereby taxed to Washington County. The September 27, 2010, Notice of Appeal shall be deemed effective in the event the trial court overrules the outstanding post-trial motion. Kitchens, J., for the Court. Order entered.
Date: July 19, 2012
Citation: 2011-KA-00406-SCT
Docket Number: 2011-KA-00406-SCT
Justia Opinion Summary: A Pike County jury convicted James Richard Conners Jr. of two counts of murder and two counts of possession of a firearm by a felon. The circuit court imposed two life sentences for the murder convictions and two…
Date: July 19, 2012
Citation: 89-R-99025-SCT
On the Court's own motion, Rule 4.07 and Appendix B of the Uniform Circuit and County Court Rules are hereby repealed effective July 19, 2012. To Repeal: All Justices. Order entered.</ul><br><hr>
Date: June 28, 2012
Citation: 2009-CA-01008-SCT
Docket Number: 2009-CA-01008-SCT
Justia Opinion Summary: Isaiah Robinson attacked Respondent Linda Knox in a Kroger parking lot, punching her several times and taking her purse. Claiming that Kroger had a duty to place an armed guard in its parking lot and that its breach of…
Date: June 28, 2012
Citation: 2009-CT-01365-SCT
Motion for rehearing filed by Elizabeth Martin is denied. Opinion modified at paragraph 3. Dickinson, P.J., Lamar and Kitchens, JJ., would grant. Chandler and King, JJ., not participating.
Date: June 28, 2012
Citation: 2009-CT-01661-SCT
Petition for writ of certiorari filed by Billy Pink Smith is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Order entered.
Date: June 28, 2012
Citation: 2009-CT-01851-SCT
Petition for writ of certiorari filed by James Eric Harrison is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Waller, C.J., and King, J. Order entered.
Date: June 28, 2012
Citation: 2010-CA-02002-SCT
Motion for rehearing filed by the Appellants is denied.
Date: June 28, 2012
Citation: 2010-CT-00083-SCT
Docket Number: 2010-CT-00083-SCT
Justia Opinion Summary: Anthony Cuccia (Tony) separated from his wife, Julie Anne Cuccia after eleven years of marriage. At some point near the end of the marriage, Julie Anne began allowing rottweiler and pitbull dogs to live in the home. Tony…
Date: June 28, 2012
Citation: 2010-CT-00352-SCT
Petition for writ of certiorari filed by Mark Kee Brown is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph and Pierce, JJ. Not Participating: Waller, C.J. Order entered.
Date: June 28, 2012
Citation: 2010-CT-00847-SCT
Docket Number: 2010-CT-00847-SCT
Justia Opinion Summary: Defendant Jeffrey Yeatman filed a motion for post-conviction relief in circuit court. The motion was denied, and Defendant appealed. The Court of Appeals affirmed. Defendant raised three issues on appeal to the Supreme…
Date: June 28, 2012
Citation: 2010-KA-01525-SCT
Motion for rehearing filed by Tadise Seales is denied. Carlson, P.J., would dismiss.
Date: June 28, 2012
Citation: 2010-KA-01722-SCT
Docket Number: 2010-KA-01722-SCT
Justia Opinion Summary: Defendant Ted Stone was convicted of the aggravated assault of Carolyn Stone for which he was sentenced to twenty years' incarceration and a $4,000 fine. He challenged the sufficiency of the evidence presented against…
Date: June 28, 2012
Citation: 2011-KA-00295-SCT
Docket Number: 2011-KA-00295-SCT
Justia Opinion Summary: Defendant Darrin Wilson appealed his conviction on rape, burglary extortion and two counts of kidnapping. On appeal, Defendant challenged the sufficiency of the evidence presented against him at trial, in addition to…
Date: June 28, 2012
Citation: 2011-M-01155-SCT
Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal and Motion for En Banc Review filed by Claude Thomas is denied. To Deny: Dickinson, P.J., Randolph, Lamar, Kitchens and Chandler, JJ. To Grant: Waller, C.J., Carlson, P.J., Pierce and King, JJ. Order entered.
Date: June 28, 2012
Citation: 2011-SA-00088-SCT
Docket Number: 2011-SA-00088-SCT
Justia Opinion Summary: Miramar Lodge Nursing Home (Miramar) was destroyed by Hurricane Katrina. Miramar at the time was located in Pass Christian, Harrison County, Mississippi. On January 5, 2010, Harrison County Properties, LLC, d/b/a…
Date: June 21, 2012
Citation: 2009-CT-00407-SCT
Docket Number: 2009-CT-00407-SCT
Justia Opinion Summary: Business Communications, Inc. (BCI) asserted two breach-of-contract claims against its former employee, Albert Banks: breach of BCI's business-protection agreement (BPA), which included a noncompetition provision, and…
Date: June 21, 2012
Citation: 2010-CT-00064-SCT
Docket Number: 2010-CT-00064-SCT
Justia Opinion Summary: At Anthony Lafayette's murder trial, when the jury informed the trial judge that it could not reach a unanimous verdict, the judge responded to the jurors that if they could not reach a verdict, he would call a new jury…
Date: June 21, 2012
Citation: 2010-IA-02028-SCT
Docket Number: 2010-IA-02028-SCT
Justia Opinion Summary: Defendant Rene Levario appealed the circuit court's denial of his motion to dismiss an indictment against him for felony Driving Under the Influence (DUI) Causing Death. In 2008, Defendant was involved in an automobile…
Date: June 21, 2012
Citation: 2010-KA-00095-SCT
Docket Number: 2010-KA-00095-SCT
Justia Opinion Summary: In 2005, Eddie Mitchell shot and killed Cliff Patterson while both were working as mechanics at Anglin Tire in Jackson, Mississippi. Mitchell claimed that he killed Patterson in self-defense. A jury found Mitchell guilty…
Date: June 21, 2012
Citation: 2010-KA-01609-SCT
Docket Number: 2010-KA-01609-SCT
Justia Opinion Summary: A Madison County jury convicted Carla Hughes of two counts of capital murder. The jury declined to impose the death penalty, and the Circuit Court of Madison County imposed two sentences of life imprisonment without the…
Date: June 21, 2012
Citation: 2011-CA-00559-SCT
The Joint Motion to Dismiss Appeal is granted. All costs of the appeal are to be borne by both parties. Lamar, J., for the Court. Order entered.
Date: June 21, 2012
Citation: 2011-KA-00169-SCT
Docket Number: 2011-KA-00169-SCT
Justia Opinion Summary: David Anthony Jackson appeals his house-burglary conviction and twenty-five-year penitentiary sentence. The home of former United States Senator Trent Lott was burglarized in 2009 for which Jackson was indicted by a…
Date: June 21, 2012
Citation: 2011-SA-01041-SCT
Justia Opinion Summary: The Mississippi State Department of Health (MDH) entered a final order disapproving the certificate of need application of Dialysis Solutions, LLC. Pursuant to Mississippi Code Section 41-7-201, Dialysis Solutions filed…
Date: June 21, 2012
Citation: 2012-DR-00801-SCT
Motion for Stay of Execution filed by Petitioner is denied. Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., would deny. Kitchens and King, JJ., would grant. Waller, C.J., not participating. Order entered.
Date: June 21, 2012
Citation: 2012-DR-00980-SCT
Motion for Leave to Proceed in the Trial Court With a Successive Petition for Post-Conviction Relief filed by Gary Carl Simmons, Jr., is denied. Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., would deny. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Carlson, P.J., for the Court. Order entered.
Date: June 21, 2012
Citation: 89-R-99001-SCT
Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules Rule 1.06 of the Uniform Chancery Court Rules and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.</ul><br><hr>
Date: June 21, 2012
Citation: 89-R-99006-SCT
Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules Rule 1.06 of the Uniform Chancery Court Rules and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.</ul><br><hr>
Date: June 21, 2012
Citation: 89-R-99024-SCT
Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules Rule 1.06 of the Uniform Chancery Court Rules and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.</ul><br><hr>
Date: June 21, 2012
Citation: 89-R-99025-SCT
Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules Rule 1.06 of the Uniform Chancery Court Rules and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.</ul><br><hr>
Date: June 21, 2012
Citation: 97-DP-01550-SCT
Motion for Stay of Execution filed by Petitioner is denied. Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., would deny. Kitchens and King, JJ., would grant. Waller, C.J., not participating. Order entered.
Date: June 14, 2012
Citation: 2009-CT-00854-SCT
On the Court's own motion, this case on certiorari will be scheduled for en banc oral argument on all issues at a later date to be set by the Court and the parties are directed to file the original and nine copies of supplemental briefs addressing whether the trial court abused its discretion in denying Dante Lamar Evans funds to hire an expert on PTSD and whether this issue would be more appropriately addressed on a petition for post-conviction relief which are due on the following schedule: within 30 days of the entry of this order Evans shall file his supplemental brief which shall not exceed 25 pages within 30 days of the service of Evans's supplemental brief, the State shall file its supplemental brief which shall not exceed 25 pages and within 14 days of the service of the State's supplemental brief, Evans may file a supplemental reply brief which shall not exceed 10 pages. Not Participating: King, J. Order entered.
Date: June 14, 2012
Citation: 2009-CT-01864-SCT
Petition for writ of certiorari filed by Dell Palmer, et al., is denied. To Deny: All Justices. Order entered.
Date: June 14, 2012
Citation: 2010-CA-02098-SCT
Date: June 14, 2012
Citation: 2010-CT-01491-SCT
Petition for writ of certiorari filed by Ashley Hankins is denied. To Deny: All Justices. Order entered.
Date: June 14, 2012
Citation: 2011-IA-00196-SCT
Justia Opinion Summary: This interlocutory appeal involved two consolidated actions in which the trial court denied competing summary judgment motions. The case arose from University of Mississippi Medical Center's (UMMC) intent to purchase a…
Date: June 14, 2012
Citation: 2011-IA-00211-SCT
Motion to Strike Exhibits filed by Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center is granted. Order entered.
Date: June 14, 2012
Citation: 2012-DR-00764-SCT
Motion to Suspend the Rules of Appellate Procedure and Accept Petitioner's Second Motion for Rehearing and the Motion for Stay of Execution filed by Jan Michael Brawner are denied. To Deny: Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Grant: Kitchens, Chandler and King, JJ. Not Participating: Waller, C.J., and Lamar, J. Order entered.
Date: June 14, 2012
Citation: 2012-M-00693
Motion for Conference or Meeting with the Mississippi Supreme Court filed by the Honorable Tomie T. Green is granted. Judge Green should contact Hubbard (Hubby) T. Saunders, IV, Court Administrator by telephone at (601) 359-2182 or by email at hsaunders@courts.ms.gov to schedule the meeting for either June 27, 2012 or for the afternoon of June 28, 2012, at such time as is convenient for all of the Hinds County Circuit Court Judges. To Grant: All Justices. Order entered.
Date: June 7, 2012
Citation: 2009-CT-01717-SCT
Petition for writ of certiorari filed by counsel for Charlie D. Taylor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.
Date: June 7, 2012
Citation: 2009-CT-01775-SCT
Docket Number: 2009-CT-01775-SCT
Justia Opinion Summary: Ernest and Bonnie Harland filed suit in the Chancery Court of Lafayette County seeking to have a "corrected" warranty deed set aside; to vacate three lots from the official plat of Long Meadow subdivision; or to validate…
Date: June 7, 2012
Citation: 2009-CT-01824-SCT
Petition for writ of certiorari filed pro se by Allen Henderson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.
Date: June 7, 2012
Citation: 2010-CA-01465-SCT
Docket Number: 2010-CA-01465-SCT
Justia Opinion Summary: Petitioner Troy Lofton alleged he suffered from asbestosis as a result of exposure to the Defendant's product, Flosal, during the course of his employment on various oil and gas drilling rigs. Petitioner filed suit in…
Date: June 7, 2012
Citation: 2010-CA-01556-SCT
Motion to Dismiss Appeal of Aleta Sindelar filed by the Estate of Larry Speakes is granted in part. This case is hereby dismissed upon entry of this order. All costs of the appeal are assessed to the Appellant. Not Participating: Lamar, J. Chandler, J., for the Court. Order entered.
Date: June 7, 2012
Citation: 2010-CT-00526-SCT
Docket Number: 2010-CT-00526-SCT
Justia Opinion Summary: The circuit court granted summary judgment in favor of Southern Health Corporation of Houston, Inc. d/b/a Trace Regional Hospital, and Marcia Morgan, a registered nurse. Aggrieved, Ruth Crosthwait appealed to the Supreme…
Date: June 7, 2012
Citation: 2010-CT-00681-SCT
Docket Number: 2010-CT-00681-SCT
Justia Opinion Summary: Laura Shontelle Barnes was employed as an elementary school teacher with the Taylorsville Elementary School in the Smith County School District (District) for eleven years before she was terminated in 2009. Barnes was…
Date: June 7, 2012
Citation: 2010-CT-00901-SCT
Petition for writ of certiorari filed by Matthew Miller is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar J. Order entered.
Date: June 7, 2012
Citation: 2010-CT-01102-SCT
Petition for writ of certiorari filed by Amy Danielle Wilkerson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.
Date: June 7, 2012
Citation: 2010-CT-01166-SCT
Petition for writ of certiorari filed pro se by Johnny Grogan is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.
Date: June 7, 2012
Citation: 2010-CT-01628-SCT
Petition for writ of certiorari filed pro se by Ira Lee Anderson, II is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.
Date: June 7, 2012
Citation: 2010-IA-01005-SCT
Docket Number: 2010-IA-01005-SCT
Justia Opinion Summary: In 2009, Charles Larry McGraw filed a personal-injury action against four sand suppliers: Clark Sand Company, Inc.; Mississippi Valley Silica Co., Inc.; Precision Packaging, Inc.; and Custom Aggregates and Grinding, Inc.…
Date: June 7, 2012
Citation: 2011-KA-00718-SCT
Docket Number: 2011-KA-00718-SCT
Justia Opinion Summary: Defendant Justin Springer was convicted of capital murder by a jury in the Circuit Court of Lee County on May 6, 2011. The underlying felony was burglary. For this conviction, he was sentenced to life in the custody of…
Date: June 7, 2012
Citation: 2012-DR-00764-SCT
Motion for rehearing filed by Jan Michael Brawner is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Not Participating: Lamar, J. Order entered.
Date: June 7, 2012
Citation: 2012-DR-00801-SCT
Motion to Establish Schedule for Filing Petition Challenging the Performance of Prior Post-Conviction Counsel filed by Gary Carl Simmons, Jr., is denied. Kitchens and King, JJ., would grant. Order entered.
Date: June 7, 2012
Citation: 2012-M-00187-SCT
Petition for Interlocutory Appeal filed by counsel for Hal S. Mullins is denied. To Deny: Waller, C.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Carlson, P.J. Not Participating: Dickinson, P.J., and King, J. Order entered.
Date: June 7, 2012
Citation: 97-DP-01550-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of Gary Carl Simmons, Jr., shall take place on June 20, 2012, in the manner provided by law. This order shall serve as the warrant of execution for Gary Carl Simmons, Jr. Kitchens, Chandler and King, JJ., would deny. Order entered.
Date: May 31, 2012
Citation: 2002-DP-00615-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. In accordance with Mississippi Code Annotated section 99-39-29, that such execution date is hereby set for Tuesday, June 12, 2012. This order shall serve as the warrant of execution of Jan Michael Brawner, Jr., whose execution by the State of Mississippi shall occur on said date and shall be inflicted at 6:00 p.m. or as soon as possible thereafter within the next twenty-four (24) hours pursuant to Mississippi Code Annotated section 99-19-55(1). To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Deny: Kitchens, Chandler and King, JJ. Not Participating: Lamar, J. Order entered.
Date: May 31, 2012
Citation: 2002-IA-01158-SCT
Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.
Date: May 31, 2012
Citation: 2008-CA-01700-SCT
Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.
Date: May 31, 2012
Citation: 2009-CA-01877-SCT
Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.
Date: May 31, 2012
Citation: 2009-CT-01063-SCT
The "Unopposed Motion to Re-Set Oral Argument" is denied. The oral argument set for June 19, 2012, at 10:30 a.m. is cancelled, and this case is submitted on the briefs and the record before this Court. Order entered.
Date: May 31, 2012
Citation: 2009-KA-01373-SCT
Docket Number: 2009-KA-01373-SCT
Justia Opinion Summary: Following a jury trial in the Circuit Court of Tippah County, Mississippi, fifty-fouryear-old Roger Green was convicted of two counts of sexual battery and two counts of touching a child for lustful purposes involving…
Date: May 31, 2012
Citation: 2010-CA-00316-SCT
Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.
Date: May 31, 2012
Citation: 2010-CA-01246-SCT
Motion for rehearing filed by Joseph Patrick Brown is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.
Date: May 31, 2012
Citation: 2010-CT-00042-SCT
Docket Number: 2010-CT-00042-SCT
Justia Opinion Summary: The daughter of Mark Fails and Laura Fails transferred from Jefferson Davis County School District to Lamar County School District, after obtaining consent from the school boards of both districts. Four years later, the…
Date: May 31, 2012
Citation: 2010-CT-00872-SCT
Petition for writ of certiorari filed by Randy Johnson is denied. To Deny: All Justices. Order entered.
Date: May 31, 2012
Citation: 2010-CT-01238-SCT
Petition for writ of certiorari filed by Donald Whitfield is denied. To Deny: All Justices. Order entered.
Date: May 31, 2012
Citation: 2010-IA-01604-SCT
Docket Number: 2010-IA-01604-SCT
Justia Opinion Summary: This interlocutory appeal challenged the dismissal of plaintiffs' Deborah and Harold Knapp's medical malpractice claim related to a slip and fall in a hospital bathroom. The Knapps sued the hospital after a 2006 incident…
Date: May 31, 2012
Citation: 2012-DR-00801-SCT
On the Court's own motion, the State of Mississippi shall file responses to the Motion to Establish Schedule for Filing Petition Challenging the Performance of Prior Post-Conviction Counsel and the Motion for Expert Access to Petitioner for Testing Successive Petition for Post-Conviction Relief and for Petition for Executive Clemency by noon, Tuesday, May 29, 2012. Gary Carl Simmons, Jr., may file rebuttals by 5:00 p.m., Wednesday, May 30, 2012. Lamar, J., not participating. Order entered.
Date: May 31, 2012
Citation: 2012-M-00206-SCT
Motion to Reconsider on Behalf of Defendant Covington County Hospital is dismissed. This Court's stay of the circuit court's January 31, 2012, Order Granting Motion to Compel, is lifted and this matter is remanded to the trial court for further proceedings. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: May 31, 2012
Citation: 91-DP-01190-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. In accordance with Mississippi Code Annotated section 99-39-29, that such execution date be, and the same hereby is, set for Tuesday, June 5, 2012. This order shall serve as the warrant of execution of Henry Curtis Jackson, Jr., whose execution by the State of Mississippi shall occur on said date and shall be inflicted at 6:00 p.m. or as soon as possible thereafter within the next twenty-four (24) hours pursuant to Mississippi Code Annotated section 99-19-55(1). To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.
Date: May 24, 2012
Citation: 2009-CT-00669-SCT
Petition for writ of certiorari filed by Carlos Taylor is granted. To Grant: All Justices. Order entered.
Date: May 24, 2012
Citation: 2010-CA-00362-SCT
Docket Number: 2010-CA-00362-SCT
Justia Opinion Summary: A corporation settled its delinquent tax liability to the State of Mississippi by paying $100 million to the State, $4.2 million to a private charity, and $14 million to a private law firm hired by the Attorney General…
Date: May 24, 2012
Citation: 2010-CA-00379-SCT
The Motion to Stay the Court's Mandate Pending Disposition of a Petition for Writ of Certiorari filed pro se by Appellants is granted. The mandate in this appeal is stayed until August 29, 2012. The Motion for Removal of the Alexander Law Group as Counsel filed pro se by Appellants is granted. The Motion to Withdraw filed by Earnestine Alexander is dismissed as moot. Dickinson, P.J., and King, J., not participating. Order entered.
Date: May 24, 2012
Citation: 2010-CA-00881-SCT
Docket Number: 2010-CA-00881-SCT
Justia Opinion Summary: A corporation settled a lawsuit by agreeing to pay the State of Mississippi $50 million, $10 million of which it disbursed directly to outside counsel retained by Attorney General Hood to pursue the litigation. The…
Date: May 24, 2012
Citation: 2010-CA-00961-SCT
Motion for rehearing filed by Mississippi Insurance Guaranty Association is denied.
Date: May 24, 2012
Citation: 2010-CT-00056-SCT
Docket Number: 2010-CT-00056-SCT
Justia Opinion Summary: Carolyn Epperson filed a complaint against SOUTHBank in circuit court alleging that the bank had breached its contract with her by failing to give her the funds from certain certificates of deposit upon her request. The…
Date: May 24, 2012
Citation: 2010-CT-00345-SCT
Petition for writ of certiorari filed by William Joseph Hogan is denied. To Deny: All Justices. Order entered.
Date: May 24, 2012
Citation: 2010-CT-00442-SCT
Petition for writ of certiorari filed by Nancy Weible is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. Not Participating: Pierce, J. Order entered.
Date: May 24, 2012
Citation: 2010-CT-00467-SCT
Petition for writ of certiorari filed pro se by James Wayland Mosley is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Grant: Chandler, J. Order entered.
Date: May 24, 2012
Citation: 2010-CT-00797-SCT
Motion for rehearing filed by Marvin Rhoda is denied.
Date: May 24, 2012
Citation: 2010-CT-00915-SCT
Petition for writ of certiorari filed pro se by Willie Earl Riley 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: May 24, 2012
Citation: 2010-CT-00971-SCT
Docket Number: 2010-CT-00971-SCT
Justia Opinion Summary: The issue before the Supreme Court in this case was an appeal by the City of Cleveland of a judgment by the DeSoto County Chancery Court which denied the City's motion for attorney fees. The chancery court found that it…
Date: May 17, 2012
Citation: 2010-CT-00629-SCT
Petition for writ of certiorari filed by Johnny R. Young, Jr., is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. To Deny: Randolph, Lamar and Pierce, JJ. Order entered.
Date: May 17, 2012
Citation: 2010-KA-01033-SCT
Docket Number: 2010-KA-01033-SCT
Justia Opinion Summary: Defendant Shawn States was found guilty of capital murder for killing two people while committing armed robbery. Defendant raised three arguments on appeal: (1) the prosecution discriminated based on race and gender in…
Date: May 17, 2012
Citation: 2011-CA-00167-SCT
The Appellant's Motion for Costs and Attorney's Fees is granted in part and denied in part the Motion for Costs and Attorney's Fees is remanded to the County Court for the First Judicial District of Hinds County for an evidentiary hearing to determine the appropriate amount of attorney's fees to be awarded and for entry of a judgment consistent with that court's ruling the mandate in this case shall issue seven (7) days from the entry of this order the monetary relief awarded to the Appellant by the trial court shall be exclusive of the costs covered by this Court's mandate all other relief requested by the Appellant in the Motion for Costs and Attorney's Fees is denied. Waller, C.J., not participating. Order entered.
Date: May 17, 2012
Citation: 2012-IA-00166-SCT
Motion for rehearing filed by Attorney General Jim Hood is denied. Pierce, J., would grant.
Date: May 10, 2012
Citation: 2009-CA-01457-SCT
Docket Numbers: 2009-CA-01457-SCT, 2010-CA-00091-SCT
Justia Opinion Summary: Two appeals are were consolidated from chancery-court cases. In the first case, Diamondhead Country Club and Property Owners Association, Inc. sued Thomas R. Alfonso, III, and Anne Scafidi Cordova,1 d/b/a Bay Jourdan…
Date: May 10, 2012
Citation: 2009-CT-01787-SCT
Justia Opinion Summary: The Supreme Court granted certiorari in this matter to address the specific question of whether the requirement to post a pretrial bond set out in Mississippi Code Sections 27-77-5 and 27-77-7 (Rev. 2005) was procedural…
Date: May 10, 2012
Citation: 2010-CA-00091-SCT
The motion for rehearing filed by Gulf Publishing Company, Inc., is denied. The original opinion is withdrawn, and this opinion is substituted therefor. As to 2009-CA-01457-SCT: Reversed and Remanded. As to 2010-CA-00091-SCT: Affirmed. See opinion of this Court handed down this date. Randolph, J., not participating.
Date: May 10, 2012
Citation: 2010-CT-01610-SCT
Petition for writ of certiorari filed by counsel for Q.A., a minor is denied. To Deny: All Justices. Order entered.
Date: May 10, 2012
Citation: 2010-KA-01613-SCT
Motion for rehearing filed by Dennis Jerome Beal is denied.
Date: May 10, 2012
Citation: 2011-CA-00350-SCT
Sierra Club's Motion for Order in Aid of Jurisdiction, or in the Alternative for Writ of Prohibition is denied. Kitchens, J., would grant. Order entered.
Date: May 10, 2012
Citation: 2011-CA-00634-SCT
HSBC Securities (USA), Inc.'s Unopposed Motion to Dismiss Appeal is granted. Costs of appeal are taxed to the Appellant under M.R.A.P. 36(a). Dickinson , P. J., for the Court. Order entered.
Date: May 10, 2012
Citation: 2011-DR-00539-SCT
Motion for rehearing filed by Jeffrey Keith Havard is denied. Opinion modified at paragraphs 20 and 23.
Date: May 10, 2012
Citation: 2011-KA-00247-SCT
Justia Opinion Summary: In early 2011, Defendant Jonathan Havard was convicted by a jury in George County Circuit Court for the deliberate-design murder of his girlfriend, Joy Hodges. He was sentenced to life imprisonment. On appeal, Defendant…
Date: May 3, 2012
Citation: 2009-CT-02000-SCT
Petition for writ of certiorari filed by counsel for Beth Stinnett, D.D.S., is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Waller, C.J., Chandler and King, J. Order entered.
Date: May 3, 2012
Citation: 2009-DR-01394-SCT
On the Court's own motion, Goff's application for leave to seek post-conviction relief is hereby stayed indefinitely pending Goff's mental health treatment and notice from the trial court that Goff is again competent to proceed. At such time, the State may file a motion to lift this Court's stay. The State shall furnish this Court with copies of all reports filed in the trial court concerning Goff's mental state. Order entered.
Date: May 3, 2012
Citation: 2010-CA-01770-SCT
Docket Number: 2010-CA-01770-SCT
Justia Opinion Summary: In 1992, Defendant Jeffrey Davis was convicted of murder and sentenced to death. After the Supreme Court affirmed his conviction and sentence on direct appeal, he filed a petition for post-conviction relief, claiming,…
Date: May 3, 2012
Citation: 2010-CA-02002-SCT
Docket Number: 2010-CA-02002-SCT
Justia Opinion Summary: Charlotte and Larry Wilson, parents of Crystal Wilson (deceased), filed an action requesting visitation with their grandchildren. The chancellor granted the request. Aggrieved, Stephen Smith, Crystal's former husband,…
Date: May 3, 2012
Citation: 2010-CC-00076-SCT
Motion for rehearing filed by Appellees is denied. Dickinson, P.J., would grant.
Date: May 3, 2012
Citation: 2010-CT-00676-SCT
Petition for writ of certiorari filed by Charles Harris is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph and Pierce, JJ. Order entered.
Date: May 3, 2012
Citation: 2010-CT-00768-SCT
Petition for writ of certiorari filed by Freddie Joe Carter is denied. To Deny: All Justices. Order entered.
Date: May 3, 2012
Citation: 2010-CT-00899-SCT
Petition for writ of certiorari filed by William L. Green is denied. To Deny: All Justices. Order entered.
Date: May 3, 2012
Citation: 2010-CT-01041-SCT
Petition for writ of certiorari filed by counsel for Sherida C. Powell is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Grant: Pierce, J. Order entered.
Date: May 3, 2012
Citation: 2010-CT-01078-SCT
Petition for writ of certiorari filed pro se by Daniel Zachary Ross is denied. To Deny: All Justices. Order entered.
Date: May 3, 2012
Citation: 2010-CT-01249-SCT
Petition for writ of certiorari filed pro se by William R. Cromwell is denied. To Deny: All Justices. Order entered.
Date: May 3, 2012
Citation: 2010-CT-01850-SCT
Petition for writ of certiorari filed by Benjamin White is denied. To Deny: All Justices. Order entered.
Date: May 3, 2012
Citation: 2010-IA-00247-SCT
Docket Numbers: 2010-IA-00247-SCT, 2010-IA-00250-SCT, 2010-IA-00255-SCT
Justia Opinion Summary: Henry Morgan, Sr. filed a personal-injury suit against eighty-eight defendants, claiming injuries related to silicosis. Morgan, Sr., died while the personal-injury case was pending, and the case eventually was dismissed.…
Date: May 3, 2012
Citation: 2011-WC-01086-SCT
Justia Opinion Summary: A 2011 amendment to Section 71-3-51 provides that, "from and after July 1, 2011," decisions of the Mississippi Workers' Compensation Commission may be appealed directly to the Supreme Court, rather than to the circuit…
Date: April 26, 2012
Citation: 2008-CT-01920-SCT
On the Court's own motion, the April 3, 2009 order of the Court of Appeals is vacated and the appellant's pro se motion to dismiss counsel on appeal is remanded to the Tunica County Circuit Court for decision and entry of an order on the question of whether the appellant has intelligently and completely waived the appointment of counsel on appeal. Said order shall be entered within 90 days of the date of this order. Proceedings in this appeal are suspended pending further order of this Court. Order entered.
Date: April 26, 2012
Citation: 2009-CT-00350-SCT
Docket Number: 2009-CT-00350-SCT
Justia Opinion Summary: Property owners (collectively, "the Rhalys") sued the City of Jackson for flooding to their properties allegedly caused by the City's failure to maintain a ditch. The Circuit Court of Hinds County struck the City's…
Date: April 26, 2012
Citation: 2009-CT-01063-SCT
Petition for writ of certiorari filed by Quintairos, Prieto, Wood & Boyer, P.A., is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, J. Not Participating: King, J. Order entered.
Date: April 26, 2012
Citation: 2009-CT-01267-SCT
Petition for writ of certiorari filed by counsel for Delia Shepard is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.
Date: April 26, 2012
Citation: 2009-CT-02017-SCT
Petition for writ of certiorari filed by Anthony Jones, pro se, is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.
Date: April 26, 2012
Citation: 2010-CA-01084-SCT
Motion for rehearing filed by Appellants is denied. Dickinson, P.J., not participating
Date: April 26, 2012
Citation: 2010-CA-01086-SCT
Motion for rehearing filed by Appellants is denied. Dickinson, P.J., not participating
Date: April 26, 2012
Citation: 2010-CA-01552-SCT
Docket Number: 2010-CA-01552-SCT
Justia Opinion Summary: Gary Fordham, David Thompson, and Venture Sales, LLC appealed a chancery court order that dissolved Venture Sales pursuant to Mississippi Code Section 79-29-802 (Rev. 2009). Walter Ray Perkins owned 27.7 acres of land.…
Date: April 26, 2012
Citation: 2010-CT-00409-SCT
Petition for writ of certiorari filed by counsel for the Walleys is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and King, JJ. To Grant: Lamar, J. Not Participating: Pierce, J. Order entered.
Date: April 26, 2012
Citation: 2011-SA-00007-SCT
Docket Number: 2011-SA-00007-SCT
Justia Opinion Summary: The issue before the Supreme Court was whether the Mississippi Department of Health erred by denying the certificate-of-need (CON) application of St. Dominic-Jackson Memorial Hospital. In its application, St. Dominic…
Date: April 19, 2012
Citation: 2009-CT-01147-SCT
Docket Number: 2009-CT-01147-SCT
Justia Opinion Summary: In 2002, Dung Thi Hoang Nguyen stopped behind Karen Thompson at a red light. In reaching for her purse, her foot slipped off the brake and her car bumped into Thompson's. Neither car was damaged. The two exchanged…
Date: April 19, 2012
Citation: 2010-CA-01615-SCT
Docket Number: 2010-CA-01615-SCT
Justia Opinion Summary: After an insolvent employer's insurance company also became insolvent, the Mississippi Workers' Compensation Self-Insurers Guaranty Association (SIGA) made workers' compensation payments to an injured worker. SIGA sued…
Date: April 19, 2012
Citation: 2010-CT-00203-SCT
Petition for writ of certiorari filed by Robert L. Jenkins is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.
Date: April 19, 2012
Citation: 2010-CT-00240-SCT
Petition for writ of certiorari filed by Lonnie Young is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.
Date: April 19, 2012
Citation: 2010-CT-00825-SCT
Petition for writ of certiorari filed by Phillip Earl Young is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: April 19, 2012
Citation: 2010-CT-01335-SCT
Petition for writ of certiorari filed pro se by Eldridge Johnson is dismissed. M.R.A.P. 17(b). Order entered.
Date: April 19, 2012
Citation: 2011-IA-01558-SCT
Date: April 12, 2012
Citation: 2007-CT-01576-SCT
Justia Opinion Summary: In 2006, Defendant Ladennis Graham pled guilty to simple possession of approximately twelve grams of cocaine. The circuit court sentenced Defendant to serve sixteen years in the Mississippi Department of Corrections…
Date: April 12, 2012
Citation: 2009-CT-01202-SCT
Petition for writ of certiorari filed by counsel for Appellee is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
Date: April 12, 2012
Citation: 2010-CA-00741-SCT
Justia Opinion Summary: Henry Gibson was a resident of Arnold Avenue Nursing Home (AA) in Greenville from 2001 until 2002. After being hospitalized in December 2002, Gibson was moved to another nursing home and died on January 26, 2003.…
Date: April 12, 2012
Citation: 2010-CA-00955-SCT
Justia Opinion Summary: The Pascagoula School District (which contains a Chevron crude oil refinery and a Gulf liquified natural gas terminal) brought suit, seeking a declaration that a new law that mandated that revenue the District collected…
Date: April 12, 2012
Citation: 2010-CA-01598-SCT
Justia Opinion Summary: In 2006, Petitioner Chander Khurana was audited by the Mississippi State Department of Revenue (MSDR) and assessed taxes. Petitioner appealed the assessments to the Board of Review and eventually the full State Tax…
Date: April 12, 2012
Citation: 2010-CT-00230-SCT
Petition for writ of certiorari filed by Cecil Junior Pruitt was granted by order of this Court on March 15, 2012 in order to carefully review the issues and the record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Waller, C.J., for the Court. Order entered.
Date: April 12, 2012
Citation: 2010-CT-00783-SCT
Justia Opinion Summary: The Supreme Court granted certiorari in this case to address whether in a driving-under-the-influence trial, the admission of intoxilyzer calibration records, in lieu of the live testimony of the person who calibrated…
Date: April 12, 2012
Citation: 2011-CA-00167-SCT
Justia Opinion Summary: Precious Martin and Associates, PLLC (Martin) contracted with T. Jackson Lyons & Associates, P.A. (Lyons) to handle appeal work on several of Martin's cases. After Martin stopped paying for the work, Lyons filed a…
Date: April 12, 2012
Citation: 2011-IA-00607-SCT
Justia Opinion Summary: The issue before the Supreme Court concerned a custody dispute on interlocutory appeal. The Lauderdale County Youth Court denied Theresa and Ralph Anderson's Motion to Transfer Jurisdiction to the Chancery Court of…
Date: April 12, 2012
Citation: 89-R-99039
Date: April 5, 2012
Citation: 2009-CT-01365-SCT
Docket Number: 2009-CT-01365-SCT
Justia Opinion Summary: While attending a group-therapy session at St. Dominic’s Hospital (SDH) in 2005, Plaintiff Elizabeth Martin slipped and fell on a floor while it was being waxed. She alleged she received injury to both knees and sued SDH…
Date: April 5, 2012
Citation: 2010-CA-00379-SCT
Appellant's Motion to Correct Typographical Errors in Appellant's Supplemental Brief is denied. Order entered.
Date: April 5, 2012
Citation: 2010-CT-00847-SCT
Petition for writ of certiorari filed pro se by Jeffrey Wayne Yeatman is granted. To Grant: All Justices. Order entered.
Date: April 5, 2012
Citation: 2010-CT-00930-SCT
Petition for writ of certiorari filed by Ricky L. Haggard is denied. To Deny: All Justices. Order entered.
Date: April 5, 2012
Citation: 2010-CT-01284-SCT
Petition for writ of certiorari filed by Martha Kay Stanford is denied. To Deny: All Justices. Order entered.
Date: April 5, 2012
Citation: 2010-KA-01790-SCT
Docket Number: 2010-KA-01790-SCT
Justia Opinion Summary: A jury in DeSoto County found Defendant Jeremy Rogers guilty of statutory rape, sexual battery, and fondling of his twelve-year-old stepdaughter, Mary. Defendant appealed his conviction, arguing that he was denied a fair…
Date: April 5, 2012
Citation: 2010-KA-02059-SCT
Randolph, J. Disposition: Per Curiam Affirmance. Count I: Conviction of kidnapping and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of strong arm robbery and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of carjacking and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively. Appellant shall serve sentences without the benefit of parole, suspension, or reduction as a habitual offender. Appellant is given credit for time served. Neshoba County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.
Date: March 29, 2012
Citation: 1998-DP-01785-SCT
Motion to Stay Execution filed by William Gerald Mitchell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.
Date: March 29, 2012
Citation: 2010-CA-01015-SCT
Motion for rehearing filed by Rehab Solutions, PLLC, is denied. Carlson, P.J., Lamar and Kitchens, JJ., would grant.
Date: March 29, 2012
Citation: 2010-CT-00681-SCT
Petition for writ of certiorari filed by Laura Shontelle Barnes is granted. To Grant: Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Waller, C.J., and Carlson, P.J. Not Participating: King, J. Order entered.
Date: March 29, 2012
Citation: 2010-CT-00695-SCT
Petition for writ of certiorari filed by Robert Lee Buchanan is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Chandler and King, JJ. Order entered.
Date: March 29, 2012
Citation: 2010-CT-01267-SCT
Petition for writ of certiorari filed by Diana and Lawrence Ladnier is granted. To Grant: Waller, C.J., Carlson, P.J., Kitchens and King, JJ. To Deny: Dickinson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. Order entered.
Date: March 29, 2012
Citation: 2010-KA-01525-SCT
Docket Number: 2010-KA-01525-SCT
Justia Opinion Summary: Defendant Tadise Seales was convicted of grand larceny following a jury trial in the Neshoba County Circuit Court. Defendant appealed his conviction, asserting that the trial court erred: (1) by not suppressing his…
Date: March 29, 2012
Citation: 2011-CA-00286-SCT
Docket Number: 2011-CA-00286-SCT
Justia Opinion Summary: A circuit court dismissed Plaintiff Jimmy Steven Fowler Jr.'s wrongful-death action for failing to timely serve presuit notice on the defendants as required by Mississippi Code Section 15-1-36(15) (Rev. 2003). The trial…
Date: March 29, 2012
Citation: 2011-IA-00456-SCT
Joint Motion to Dismiss Appeal is granted. Each party is to bear his or its own costs, fees and attorneys' fees. Lamar, J., for the Court. Order entered.
Date: March 29, 2012
Citation: 2012-DR-00277-SCT
Motion to Recall the Mandate, Suspend the Rules of Appellate Procedure, and Accept Petitioner's Second Motion for Rehearing filed by William Gerald Mitchell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.
Date: March 22, 2012
Citation: 2008-CA-01700-SCT
Docket Number: 2008-CA-01700-SCT
Justia Opinion Summary: These three consolidated appeals (all springing from a divorce granted in 1994) presented thirty-eight issues including one of first impression. A judgment creditor served writs of execution on two corporations whose…
Date: March 22, 2012
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: March 22, 2012
Citation: 2010-CA-00109-SCT
Motion for rehearing filed by Michael Robichaux is denied.
Date: March 22, 2012
Citation: 2010-CA-01246-SCT
Docket Number: 2010-CA-01246-SCT
Justia Opinion Summary: In 1994, Defendant Joseph Patrick Brown (a.k.a. Peanut Brown) was convicted of capital murder for shooting a convenience-store clerk to death on August 8, 1992, during the commission of an armed robbery. Defendant was…
Date: March 22, 2012
Citation: 2010-CA-02098-SCT
Docket Number: 2010-CA-02098-SCT
Justia Opinion Summary: After Hurricane Katrina hit the Mississippi Gulf Coast in August 2005, W. C. Fore entered into a contract with Harrison County, Mississippi, to remove the large amount of debris that was left behind. The Mississippi…
Date: March 22, 2012
Citation: 2010-CT-00072-SCT
Petition for writ of certiorari filed by counsel for Albert Kea is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J. Order entered.
Date: March 22, 2012
Citation: 2010-CT-00632-SCT
Petition for writ of certiorari filed by Harry Baker Smith Architects II, PLLC, is denied. To Deny: All Justices. Order entered.
Date: March 22, 2012
Citation: 2010-CT-00710-SCT
Petition for writ of certiorari filed by the State of Mississippi, Office of the Attorney General, was granted by order of this Court on January 19, 2012 in order to carefully review the issues and the record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Kitchens and King, JJ., not participating. Dickinson, P.J., for the Court. Order entered.
Date: March 22, 2012
Citation: 2011-CA-00328-SCT
Docket Number: 2011-CA-00328-SCT
Justia Opinion Summary: This Mississippi Tort Claims Act case arose from an accident that occurred in Wayne County, Mississippi, between a school bus and a four-door passenger car. Following the accident, the driver of the car Ernestine…
Date: March 22, 2012
Citation: 2012-DR-00278-SCT
The pro se motion for leave to file a successive petition for post-conviction relief is dismissed. Agreed: All Justices. Order entered.
Date: March 15, 2012
Citation: 2009-CT-01874-SCT
Petition for writ of certiorari filed by Don F. McElroy was granted by order of this Court on December 1, 2011 in order to carefully review the issues and the record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Not to Dismiss: Kitchens, J. Not Participating: King, J. Dickinson, P.J., for the Court. Order entered.
Date: March 15, 2012
Citation: 2009-CT-01971-SCT
Petition for writ of certiorari filed by Stone Investment Company, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Pierce and King, JJ. Not Participating: Randolph and Chandler, JJ. Order entered.
Date: March 15, 2012
Citation: 2010-CA-01690-SCT
Docket Number: 2010-CA-01690-SCT
Justia Opinion Summary: This guardianship case began in the Youth Court for the City of Pearl. Petitioners Wanda Bell and Jane Dennis Morse requested that the case be transferred to the Rankin County Chancery Court. Later, Bell and Morse…
Date: March 15, 2012
Citation: 2010-CT-00139-SCT
Petition for writ of certiorari filed by William Stanley Wilson, II, 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: March 15, 2012
Citation: 2010-CT-00202-SCT
Petition for writ of certiorari filed by Eddie Ray Jones is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Carlson, P.J., Randolph and Lamar, JJ. Order entered.
Date: March 15, 2012
Citation: 2010-CT-00230-SCT
Petition for writ of certiorari filed by Cecil Junior Pruitt is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.
Date: March 15, 2012
Citation: 2010-CT-00338-SCT
Motion for Extension of Time of an Additional Fourteen Days to File Petition for Writ of Certiorari and the Motion for Extension of Time of an Additional Ten Days to File Petition for Writ of Certiorari are denied. Petition for writ of Certiorari filed pro se by the Petitioners is dismissed. Order entered.
Date: March 15, 2012
Citation: 2010-CT-00849-SCT
Petition for writ of certiorari filed by counsel for Clifford Nolan Jackson is denied. To Deny: All Justices. Order entered.
Date: March 15, 2012
Citation: 2011-BR-00600-SCT
Date: March 15, 2012
Citation: 2011-CA-00350-SCT
Date: March 15, 2012
Citation: 2012-DR-00277-SCT
Motion for rehearing filed by counsel for William Gerald Mitchell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
Date: March 15, 2012
Citation: 2012-IA-00166-SCT
The Order Extending Temporary Restraining Order entered by the Circuit Court of the First Judicial District of Hinds County on January 26, 2012 is vacated. Order entered.
Date: March 8, 2012
Citation: 1998-DP-01785-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of William Gerald Mitchell shall take place on March 22, 2012, in the manner provided by law. This order shall serve as the warrant of execution for William Gerald Mitchell. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Kitchens and King, JJ. Order entered.
Date: March 8, 2012
Citation: 1999-DP-01437-SCT
In accordance with Miss. Code Ann. Section 99-39-29, that such execution date be, and the same hereby is, reset for March 20, 2012, and this Order shall serve as the Warrant of Execution of the said Larry Matthew Puckett, whose execution by the State of Mississippi shall occur on said date in the manner prescribed by law. Agreed: All Justices. Order entered.
Date: March 8, 2012
Citation: 2009-CA-01457-SCT
Docket Numbers: 2009-CA-01457-SCT, 2010-CA-00091-SCT
Justia Opinion Summary: Two appeals were consolidated from chancery-court cases. In the first case, Diamondhead Country Club and Property Owners Association, Inc. sued Thomas Alfonso, III, and Anne Scafidi Cordova (d/b/a Bay Jourdan Publishing…
Date: March 8, 2012
Citation: 2009-CT-00781-SCT
Petition for writ of certiorari filed by counsel for Timothy Collins is denied. To Deny: All Justices. Order entered.
Date: March 8, 2012
Citation: 2009-CT-01420-SCT
Petition for writ of certiorari filed by Janice Stribling is denied. To Deny: All Justices. Order entered.
Date: March 8, 2012
Citation: 2009-CT-02031-SCT
Petition for writ of certiorari filed by Jonathan Cooper is dismissed. Order entered.
Date: March 8, 2012
Citation: 2009-IA-01939-SCT
Docket Numbers: 2009-IA-01939-SCT, 2009-IA-01940-SCT
Justia Opinion Summary: Dr. Carroll Meador filed a complaint against Mississippi Baptist Health Systems, Inc. (MBHS), Trustmark National Bank (Trustmark), and Doe Defendants 1 through 10, for breach of fiduciary duties, interference with…
Date: March 8, 2012
Citation: 2010-CA-00091-SCT
Appellee's Precautionary Third Motion to Reconsider and/or Modify Trial Court Order Requiring Appellee to Pay Transcription Costs of Supplemental Record on Appeal is denied. Alfonso's request for sanctions is denied. Randolph, J., not participating. Order entered.
Date: March 8, 2012
Citation: 2010-CA-01283-SCT
Docket Number: 2010-CA-01283-SCT
Justia Opinion Summary: Lamar Hooker appealed a chancery court's grant of Stephen Greer's Motion for Partial Summary Judgment, in which the court awarded attorney's fees to Greer based on Hooker's improper filing of a lis pendens, and Greer's…
Date: March 8, 2012
Citation: 2010-CT-00504-SCT
Petition for writ of certiorari filed by counsel for Kendrick Lamar Williams 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: March 8, 2012
Citation: 2010-CT-00797-SCT
Docket Number: 2010-CT-00797-SCT
Justia Opinion Summary: In 2004, Marvin Rhoda and Edith Weathers were involved in an automobile collision in Southaven. Rhoda sued Weathers alleging negligence, and the jury returned a verdict for Weathers. The Court of Appeals affirmed the…
Date: March 8, 2012
Citation: 2010-CT-00902-SCT
Petition for writ of certiorari filed by Kenneth Dewayne Hunt is denied. To Deny: All Justices. Order entered.
Date: March 8, 2012
Citation: 2011-DR-00539-SCT
Docket Number: 2011-DR-00539-SCT
Justia Opinion Summary: Defendant Jeffrey Havard was found guilty of capital murder (murder during the commission of sexual battery) of six-month-old child. The jury also found that Defendant's sentence should be death, and the Adams County…
Date: March 8, 2012
Citation: 2011-IA-00273-SCT
Docket Number: 2011-IA-00273-SCT
Justia Opinion Summary: The issue before the Supreme Court in this product liability/breach of warranty case was whether the trial judge abused his discretion in denying the defendants' motion to transfer venue when the plaintiff sued in the…
Date: March 8, 2012
Citation: 2012-DR-00277-SCT
Motion for Expert Access to Petitioner for Testing for Successive Petition for Post-Conviction Relief and for Petition for Executive Clemency filed by William Gerald Mitchell is dismissed without prejudice in part and denied in part. Dismissed in part and Denied in Part: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: March 8, 2012
Citation: 2012-DR-00278-SCT
Motion for Leave to File Successive Petition for Post-Conviction Relief, filed by counsel for Puckett, is hereby dismissed. The Motion to Admit Attorney Pro Hac Vice is hereby dismissed as moot. Agreed: All Justices. Kitchens, J., for the Court. Order entered.
Date: March 8, 2012
Citation: 2012-IA-00166-SCT
Docket Number: 2012-IA-00166-SCT
Justia Opinion Summary: The issue before the Supreme Court was whether the Court had the right, authority, and power to declare itself superior to and above both the other two branches of government in all matters of constitutional compliance.…
Date: March 8, 2012
Citation: 96-DP-00867-SCT
In accordance with Miss. Code Ann. Section 99-39-29, that such execution date be, and the same hereby is, reset for March 20, 2012, and this Order shall serve as the Warrant of Execution of the said Larry Matthew Puckett, whose execution by the State of Mississippi shall occur on said date in the manner prescribed by law. Agreed: All Justices. Order entered.
Date: March 1, 2012
Citation: 2009-CT-01495-SCT
Petition for writ of certiorari filed by Cecil Ben is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: March 1, 2012
Citation: 2009-CT-01865-SCT
Docket Number: 2009-CT-01865-SCT
Justia Opinion Summary: Defendant Kevin Dale McCain was convicted of robbery. On writ of certiorari, the Supreme Court addressed the permissibility vel non of a post-conviction amendment of Defendant's indictment to include habitual-offender…
Date: March 1, 2012
Citation: 2009-DR-01565-SCT
Docket Number: 2009-DR-01565-SCT
Justia Opinion Summary: Defendant William Matthew Wilson was indicted in a multiple-count indictment for capital murder with the underlying felony of child abuse and for a separate count of felonious child abuse. He pled guilty to capital…
Date: March 1, 2012
Citation: 2010-CA-01608-SCT
Docket Number: 2010-CA-01608-SCT
Justia Opinion Summary: This case involved fifteen years of litigation relating to two testamentary trusts. Plaintiff Veronica Baumgardner McKee Arrington (Arrington), claimed that the trustee of both trusts, William Ready, mismanaged the…
Date: March 1, 2012
Citation: 2010-CC-01077-SCT
Motion for rehearing filed by Appellants is denied.
Date: March 1, 2012
Citation: 2010-KA-01613-SCT
Docket Number: 2010-KA-01613-SCT
Justia Opinion Summary: Defendant Dennis Jerome Beal allegedly offered Lieutenant Tommy Jones, a Madison County Sheriff’s Department deputy, $10,000 in hopes that Jones could make Defendant's pending drug charge disappear. On April 28, 2010,…
Date: March 1, 2012
Citation: 2010-KA-02073-SCT
Docket Number: 2010-KA-02073-SCT
Justia Opinion Summary: Defendant Jermell Victory was convicted for the murder of Darron Sykes and for possession of a firearm as a convicted felon. The circuit court sentenced Defendant, respectively, to life and ten years in the custody of…
Date: March 1, 2012
Citation: 2011-IA-00358-SCT
Docket Number: 2011-IA-00358-SCT
Justia Opinion Summary: This case came before the Supreme Court on interlocutory appeal from the Circuit Court of Warren County in which the circuit court affirmed in part and reversed in part the county court's grant of summary judgment for…
Date: March 1, 2012
Citation: 2011-JP-00555-SCT
Rickey W. Thompson's Unopposed Motion to Begin Thirty-Day Suspension on Date of Court Opinion is granted. Chandler, J., not participating. Order entered.
Date: March 1, 2012
Citation: 2011-KA-00137-SCT
Docket Number: 2011-KA-00137-SCT
Justia Opinion Summary: On September 17, 2008, Defendant Joshua King and Terrance Stanton were indicted for two counts of capital murder. Defendant's first trial ended in a mistrial in July 2009. In 2010, Defendant was retried in the Circuit…
Date: March 1, 2012
Citation: 2011-TS-01267-SCT
Motion to Set Aside Mandate and Reinstate Appeal filed by Levi Jenkins is granted. The mandate in the above-styled cause of action is recalled and the appeal is reinstated. Agree: All Justices. Order entered.
Date: February 23, 2012
Citation: 2009-CT-01982-SCT
Petition for writ of certiorari filed pro se by Mario London is denied. To Deny: All Justices. Order entered.
Date: February 23, 2012
Citation: 2009-CT-02037-SCT
Docket Number: 2009-CT-02037-SCT
Justia Opinion Summary: Defendants Arvind Kumar, individually and d/b/a Holiday Inn of Columbus, Tony Savage, and Tracey Savage appealed a circuit court's denial of their motion to set aside a default judgment which was entered against them…
Date: February 23, 2012
Citation: 2010-CA-01745-SCT
Docket Number: 2010-CA-01745-SCT
Justia Opinion Summary: This appeal arose from a dispute between the Third Circuit Drug Court and the Lafayette County Board of Supervisors regarding Lafayette County's alleged duty to administer the drug court’s funding and the drug court's…
Date: February 23, 2012
Citation: 2010-CT-00056-SCT
Petition for writ of certiorari filed by SouthBank is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson, P.J. Order entered.
Date: February 23, 2012
Citation: 2010-IA-01112-SCT
Docket Number: 2010-IA-01112-SCT
Justia Opinion Summary: Defendant Sylvia Montgomery filed suit against the Mississippi Transportation Commission (Commission) in the Circuit Court of Yazoo County after she was injured when her car struck a pothole in the northbound lane of…
Date: February 23, 2012
Citation: 2010-KA-00397-SCT
Motion for rehearing filed by the State of Mississippi is denied.
Date: February 23, 2012
Citation: 2010-KA-01923-SCT
Docket Number: 2010-KA-01923-SCT
Justia Opinion Summary: In 2009, Defendant Michael Kelly was charged with reckless driving, found guilty, and fined $114. Arising out of these same facts, a grand jury handed down a two-count indictment against Defendant several months later:…
Date: February 16, 2012
Citation: 2008-CT-01761-SCT
Date: February 16, 2012
Citation: 2009-CT-00710-SCT
Motion for rehearing filed by the Appellants is denied. King, J., not participating.
Date: February 16, 2012
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: February 16, 2012
Citation: 2010-CA-01879-SCT
Docket Number: 2010-CA-01879-SCT
Justia Opinion Summary: Pursuant to 42 United States Code Sections 2000e-5 and 1983, Appellee Shirley Johnson brought suit against Defendants the City of Belzoni, Police Chief Mickey Foxworth, and Officer David James. Appellee claimed she was…
Date: February 16, 2012
Citation: 2010-CT-00281-SCT
Petition for writ of certiorari filed by counsel for Keith Spearman is denied. To Deny: All Justices. Order entered.
Date: February 16, 2012
Citation: 2010-CT-01045-SCT
Petition for writ of certiorari filed by Victoria Brent is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.
Date: February 16, 2012
Citation: 2010-CT-01282-SCT
Petition for writ of certiorari filed by Ferdinand McAfee, pro se, is denied. To Deny: All Justices. Order entered.
Date: February 16, 2012
Citation: 2011-IA-01559-SCT
Petition for Interlocutory Appeal is granted. The Order Denying Motion for Transfer of Venue is reversed. This matter shall be remanded to the Circuit Court of Smith County and the trial court judge shall enter an order directing the transfer of venue to the proper court. Costs are assessed to the Respondents. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens, J. Chandler, J., for the Court. Order entered.
Date: February 9, 2012
Citation: 2009-CT-01001-SCT
Docket Number: 2009-CT-01001-SCT
Justia Opinion Summary: Defendant Arturo Aquirre Moreno filed a motion to proceed in the trial court with his third petition for post-conviction relief. The Supreme Court granted him leave to proceed solely on the issue of ineffective…
Date: February 9, 2012
Citation: 2009-CT-01551-SCT
Docket Number: 2009-CT-01551-SCT
Justia Opinion Summary: In July 2006, Respondent Paul Cook's workers' compensation claim was dismissed for failure to file a properly completed prehearing statement. In December 2006, his "Motion for an Order Re-Instating Claim" was denied for…
Date: February 9, 2012
Citation: 2009-CT-01628-SCT
Petition for writ of certiorari filed by Cedric D. Russell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Pierce and King, JJ. To Grant: Dickinson, P.J., Kitchens and Chandler, JJ. Order entered.
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