Supreme Court of Mississippi Decisions 2012
Opinions 501 - 570 of 570
Diana Kinsey, on Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased v. Pangborn Corporation; Ash Grove Cement Company; Precision Packaging, Inc.; Clark Sand Company, Inc.; Clemco Industries Corporation; Hanson Aggregates, Inc.; Humble Sand & Gravel, Inc.; Parmelee Industries, Inc.; Southern Silica of Louisiana, Inc.; Mine Safety Appliances Company (MSA); Empire Abrasive Equipment Corporation; Pearl Sands, Inc.; Pearl Specialty Sands, Inc.; Specialty Sand Company; Bob Schmidt, Inc.; Schmidt Manufacturing, Inc.; Lone Star Industries, Inc.; and American Optical Corporation
Date: February 9, 2012
Citation: 2010-CA-00925-SCT
Motion for rehearing filed by Diana Kinsey, on Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased is denied.
Date: February 9, 2012
Citation: 2010-CA-00925-SCT
Motion for rehearing filed by Diana Kinsey, on Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased is denied.
Louisiana Extended Care Centers, Inc. v. Mississippi Insurance Guaranty Ass'n
Date: February 9, 2012
Citation: 2010-CA-00961-SCT
Docket Number: 2010-CA-00961-SCT
Date: February 9, 2012
Citation: 2010-CA-00961-SCT
Docket Number: 2010-CA-00961-SCT
Justia Opinion Summary: The issue on appeal to the Supreme Court was whether the circuit court erred in granting summary judgment for the Mississippi Insurance Guaranty Association (MIGA), and in denying a cross-motion for summary judgment for…
John Johnson a/k/a John Edward Johnson v. State of Mississippi
Date: February 9, 2012
Citation: 2010-CT-00378-SCT
Petition for writ of certiorari filed by John Johnson is denied. To Deny: All Justices. Order entered.
Date: February 9, 2012
Citation: 2010-CT-00378-SCT
Petition for writ of certiorari filed by John Johnson is denied. To Deny: All Justices. Order entered.
Connie Lynn Armstead v. State of Mississippi
Date: February 9, 2012
Citation: 2010-CT-00383-SCT
Petition for writ of certiorari filed by counsel for Connie Lynn Armstead is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: February 9, 2012
Citation: 2010-CT-00383-SCT
Petition for writ of certiorari filed by counsel for Connie Lynn Armstead is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.
Donald McKeown, Individually and as Personal Representative of the Decedent, Janice McKeown, for and on Behalf of all Wrongful Death Beneficiaries and as Administrator of the Estate of Janice McKeown, Deceased v. Robert V. Pitcock, M.D.
Date: February 9, 2012
Citation: 2010-CT-00641-SCT
Petition for writ of certiorari filed by Donald McKeown is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.
Date: February 9, 2012
Citation: 2010-CT-00641-SCT
Petition for writ of certiorari filed by Donald McKeown is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.
Roger Patterson v. State of Mississippi
Date: February 9, 2012
Citation: 2010-CT-01353-SCT
Petition for writ of certiorari filed by Roger Patterson 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: February 9, 2012
Citation: 2010-CT-01353-SCT
Petition for writ of certiorari filed by Roger Patterson 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.
Robert L. McClatchy, III v. Brotherhood's Relief & Compensation Fund
Date: February 9, 2012
Citation: 2010-CT-01427-SCT
Petition for writ of certiorari filed by Robert L. McClatchy, III is denied. To Deny: All Justices. Order entered.
Date: February 9, 2012
Citation: 2010-CT-01427-SCT
Petition for writ of certiorari filed by Robert L. McClatchy, III is denied. To Deny: All Justices. Order entered.
Joseph Michael Upchurch v. City of Moss Point, a Body Politic and Its Civil Service Commission
Date: February 9, 2012
Citation: 2011-CC-00226-SCT
Joint Motion to Dismiss Appeal and Motion to Cancel Oral Argument are granted. The instant appeal is dismissed without prejudice, with each party bearing its respective costs of appeal. The oral argument currently set for February 6, 2012 is cancelled. All other pending motions and requests for relief in this cause are dismissed as moot. Waller, C.J., for the Court. Order entered.
Date: February 9, 2012
Citation: 2011-CC-00226-SCT
Joint Motion to Dismiss Appeal and Motion to Cancel Oral Argument are granted. The instant appeal is dismissed without prejudice, with each party bearing its respective costs of appeal. The oral argument currently set for February 6, 2012 is cancelled. All other pending motions and requests for relief in this cause are dismissed as moot. Waller, C.J., for the Court. Order entered.
Danny Jones v. State of Mississippi
Date: February 9, 2012
Citation: 2011-M-01118
Motion for Rehearing filed by counsel for Danny Jones is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ. To Grant: Kitchens, J. Not Participating: Chandler, J. Order entered.
Date: February 9, 2012
Citation: 2011-M-01118
Motion for Rehearing filed by counsel for Danny Jones is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ. To Grant: Kitchens, J. Not Participating: Chandler, J. Order entered.
Clayton Trammell v. State of Mississippi
Date: February 9, 2012
Citation: 2011-M-01154
Petition for Post-Conviction Relief filed by Clayton Trammell 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: February 9, 2012
Citation: 2011-M-01154
Petition for Post-Conviction Relief filed by Clayton Trammell 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.
Alphonso Hayden v. State of Mississippi
Date: February 9, 2012
Citation: 2011-M-01186
Motion for Out of Time Appeal and for Leave to Proceed in the Trial Court filed by Alphonso Hayden 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: February 9, 2012
Citation: 2011-M-01186
Motion for Out of Time Appeal and for Leave to Proceed in the Trial Court filed by Alphonso Hayden 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.
Pursue Energy Corporation v. Nancy Carol Garrett Abernathy, Nancy G. Abernathy, Anne M. Ballantyne, Stephen P. Ballantyne, Black Warrior Minerals, Inc., Erma Boyd, John L. Burwell, Jr., John L. Burwell, Jr. Children's Trust, Laura Jean Garrett Butler, Mark C. Butler, Ralph C. Butler, Barbara Ann White O'Connell Byrd Trust, Doris F. Callender, Mary Mortimer Campbell Children's Trust #2, Chainco, Inc., Homer Cummings, Sid Davis, Marie I. Fairchild LIT, Marie I. Fairchild Trust, W.R. Fairchild Construction, W.R. Fairchild Construction, LLC, Wiley Fairchild, Harrison S. Ford, Gary Darwin Garrett, Georgia L. Jenkins Glisson, Barbara Ann Cooper Haley, Erin Hargroder, Chris Hemeter Life Estate, W. D. Hilton, Carroll Ingram, Mary C. Jenkins, Velma R. Jenkins, Janet White Johnston, James T. Kendall, W. Baldwin Lloyd, A. W. Magruder, A. W. Magruder, Jr., J.D. Mashburn and Wife, James D. Mashburn, Marie McKay Mashburn, Edwin D. Moore, Glenn G. Mortimer, Glenn G. Mortimer, Jr. L/E, Mortimer Group, Piney Woods School, Robert S. Pirtle, Lottie Dent Potter, Mary Helen Garrett Shealy, R. H. Sims, Jr., Rudy H. Sims, Jr. and Larry A. Sims, James B. Sykes, Jr., Barbara Walters Thompson, MD, Grady Hamilton Vaughn, Miriam H. Whitsett and Wirt A. Yerger
Date: February 2, 2012
Citation: 2009-CA-01794-SCT
Motion for rehearing filed by Pursue Energy Corporation is denied.
Date: February 2, 2012
Citation: 2009-CA-01794-SCT
Motion for rehearing filed by Pursue Energy Corporation is denied.
In the Matter of the Petition of William Smith and Wife Sarah Smith for the Adoption of Jason Wells, a Minor Child: Tara Wells v. William Smith and Sarah Smith
Date: February 2, 2012
Citation: 2009-CT-01955-SCT
Petition for writ of certiorari filed by William and Sarah Smith 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: February 2, 2012
Citation: 2009-CT-01955-SCT
Petition for writ of certiorari filed by William and Sarah Smith 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.
Willis v. Rehab Solutions, PLLC
Date: February 2, 2012
Citation: 2010-CA-01015-SCT
Docket Number: 2010-CA-01015-SCT
Date: February 2, 2012
Citation: 2010-CA-01015-SCT
Docket Number: 2010-CA-01015-SCT
Justia Opinion Summary: In 2008, Rehab Solutions, PLLC (Rehab) received notice of tax liens assessed against its property. Thereafter, Chad Willis and Renee Willis (collectively, the Owners) employed the Nail McKinney Accounting firm to assess…
Connie Mack Douglas and Charlene T. Douglas v. Denbury Onshore, LLC
Date: February 2, 2012
Citation: 2010-CT-00369-SCT
Petition for writ of certiorari filed by counsel for Connie Mack Douglas and Charlene T. Douglas 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: February 2, 2012
Citation: 2010-CT-00369-SCT
Petition for writ of certiorari filed by counsel for Connie Mack Douglas and Charlene T. Douglas 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.
Chuck Wood v. Jason Chad Cooley
Date: February 2, 2012
Citation: 2010-CT-00395-SCT
Petition for writ of certiorari filed by Chuck Wood is denied. To Deny: All Justices. Order entered.
Date: February 2, 2012
Citation: 2010-CT-00395-SCT
Petition for writ of certiorari filed by Chuck Wood is denied. To Deny: All Justices. Order entered.
Lone Star Industries, Inc. v. McGraw
Date: February 2, 2012
Citation: 2010-IA-01005-SCT
Docket Number: 2010-IA-01005-SCT
Date: February 2, 2012
Citation: 2010-IA-01005-SCT
Docket Number: 2010-IA-01005-SCT
Justia Opinion Summary: In 2009, Plaintiff Charles 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,…
Watts v. Mississippi
Date: February 2, 2012
Citation: 2010-KA-00917-SCT
Docket Number: 2010-KA-00917-SCT
Date: February 2, 2012
Citation: 2010-KA-00917-SCT
Docket Number: 2010-KA-00917-SCT
Justia Opinion Summary: Defendant Frederick Watts was convicted of felony fleeing or eluding a law enforcement officer in a motor vehicle and was sentenced to five years in custody, with two years suspended and three years of post-release…
Jerry Herring v. State of Mississippi
Date: February 2, 2012
Citation: 2010-KA-00935-SCT
Motion for rehearing filed by Jerry Wayne Herring is denied.
Date: February 2, 2012
Citation: 2010-KA-00935-SCT
Motion for rehearing filed by Jerry Wayne Herring is denied.
Anderson a/k/a Wise v. Mississippi
Date: February 2, 2012
Citation: 2010-KA-01052-SCT
Docket Number: 2010-KA-1052-SCT
Date: February 2, 2012
Citation: 2010-KA-01052-SCT
Docket Number: 2010-KA-1052-SCT
Justia Opinion Summary: Defendant Damien Anderson (also known as Damien Wise) was convicted of murder arising from the homicide of Darnell “Sporty” Smith. Defendant contended the circuit court erred when it refused to grant a jury instruction…
Jamar Amin Moore v. State of Mississippi
Date: February 2, 2012
Citation: 2011-M-01022
Motion for Reconsideration of the Application for Leave to File a Motion for Post-Conviction Relief filed by Jamar Amin Moore is granted. Moore's Application for Leave to File a Motion for Post-Conviction Relief is granted and the trial court is ordered to conduct a hearing. Counsel for Moore shall have 30 days from the entry of this order to file the motion for post-conviction relief in the trial court. To Grant: All Justices. Order entered.
Date: February 2, 2012
Citation: 2011-M-01022
Motion for Reconsideration of the Application for Leave to File a Motion for Post-Conviction Relief filed by Jamar Amin Moore is granted. Moore's Application for Leave to File a Motion for Post-Conviction Relief is granted and the trial court is ordered to conduct a hearing. Counsel for Moore shall have 30 days from the entry of this order to file the motion for post-conviction relief in the trial court. To Grant: All Justices. Order entered.
Edwin Hart Turner v. State of Mississippi
Date: February 2, 2012
Citation: 2012-DR-00033-SCT
Successive Application for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by Edwin Hart Turner is dismissed in part and denied in part. Kitchens and King, JJ., would grant. Randolph, J., for the Court. Order entered.
Date: February 2, 2012
Citation: 2012-DR-00033-SCT
Successive Application for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by Edwin Hart Turner is dismissed in part and denied in part. Kitchens and King, JJ., would grant. Randolph, J., for the Court. Order entered.
In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, and Aaron Brown
Date: February 2, 2012
Citation: 2012-IA-00166-SCT
Petition of Charles Hooker, David Gatlin, Nathan Kern and Anthony McCray for Permission to Appeal Interlocutory Orders, the Request for Immediate Stay and Order for Release From Custody filed by Kirby Tate, the Petition of Katherine Robertson For Writ of Prohibition and/or Mandamus and Emergency Stay and the Petition of Aaron Brown for Writ of Prohibition and/or Mandamus and Emergency Stay, now considered petitions for interlocutory appeal, are hereby granted the record and the transcript of all proceedings shall be filed with the Clerk of this Court on or before Tuesday, February 7, 2012 the parties shall file with the Clerk and serve the original and nine copies of simultaneous briefs and record excerpts by 1:00 P.M., on Tuesday, February 7, 2012 there will be no reply brief and, upon entry of this order, the Clerk of this Court shall give all counsel, the trial court clerk and the court reporter notice by telephone of the entry of this order. The parties are further ordered to appear for oral argument on Thursday, February 9, 2012 at 9:00 A.M. All proceedings in the case styled "Jim Hood, Attorney General for the State of Mississippi, ex rel, the State of Mississippi v. Christopher Epps, in his Official Capacity as Commissioner of the Mississippi Department of Corrections Nathan Kern David Gatlin Aaron Brown Joshua L. Howard Azikiwe Kambule and John or Jane Does 1-200," Cause No. 251-12-00033 in the Circuit Court of Hinds County, Mississippi First Judicial District, are hereby stayed until further order of this Court. The Order Extending Temporary Restraining Order entered by the Circuit Court of Hinds County on January 26, 2012 shall remain in effect until further order of this Court. To Grant: All Justices. Order entered.
Date: February 2, 2012
Citation: 2012-IA-00166-SCT
Petition of Charles Hooker, David Gatlin, Nathan Kern and Anthony McCray for Permission to Appeal Interlocutory Orders, the Request for Immediate Stay and Order for Release From Custody filed by Kirby Tate, the Petition of Katherine Robertson For Writ of Prohibition and/or Mandamus and Emergency Stay and the Petition of Aaron Brown for Writ of Prohibition and/or Mandamus and Emergency Stay, now considered petitions for interlocutory appeal, are hereby granted the record and the transcript of all proceedings shall be filed with the Clerk of this Court on or before Tuesday, February 7, 2012 the parties shall file with the Clerk and serve the original and nine copies of simultaneous briefs and record excerpts by 1:00 P.M., on Tuesday, February 7, 2012 there will be no reply brief and, upon entry of this order, the Clerk of this Court shall give all counsel, the trial court clerk and the court reporter notice by telephone of the entry of this order. The parties are further ordered to appear for oral argument on Thursday, February 9, 2012 at 9:00 A.M. All proceedings in the case styled "Jim Hood, Attorney General for the State of Mississippi, ex rel, the State of Mississippi v. Christopher Epps, in his Official Capacity as Commissioner of the Mississippi Department of Corrections Nathan Kern David Gatlin Aaron Brown Joshua L. Howard Azikiwe Kambule and John or Jane Does 1-200," Cause No. 251-12-00033 in the Circuit Court of Hinds County, Mississippi First Judicial District, are hereby stayed until further order of this Court. The Order Extending Temporary Restraining Order entered by the Circuit Court of Hinds County on January 26, 2012 shall remain in effect until further order of this Court. To Grant: All Justices. Order entered.
Edwin Hart Turner v. State of Mississippi
Date: February 2, 2012
Citation: 97-DP-00583-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of Edwin Hart Turner shall take place on February 8, 2012 in the manner provided by law. This order shall serve as the warrant of execution for Edwin Hart Turner. Kitchens and King, JJ., would deny. Order entered.
Date: February 2, 2012
Citation: 97-DP-00583-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of Edwin Hart Turner shall take place on February 8, 2012 in the manner provided by law. This order shall serve as the warrant of execution for Edwin Hart Turner. Kitchens and King, JJ., would deny. Order entered.
Verna Mae P. Carroll v. Anna F. Carroll
Date: January 26, 2012
Citation: 2009-CT-00328-SCT
Petition for writ of certiorari filed by counsel for Anna F. Carroll is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J. Not Participating: Chandler and King, JJ. Order entered.
Date: January 26, 2012
Citation: 2009-CT-00328-SCT
Petition for writ of certiorari filed by counsel for Anna F. Carroll is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J. Not Participating: Chandler and King, JJ. Order entered.
Lee v. Lee
Date: January 26, 2012
Citation: 2009-CT-01850-SCT
Docket Number: 2009-CT-01850-SCT
Date: January 26, 2012
Citation: 2009-CT-01850-SCT
Docket Number: 2009-CT-01850-SCT
Justia Opinion Summary: After After Corey Lee failed to appear at his divorce hearing, the chancellor granted his wife's complaint for divorce and divided the marital property. On appeal, Mr. Lee argued, among other things, that the chancellor…
Janice Herrington Ward, William Lloyd Ward, Jr., Rita Collins, Deceased, and Linda Stennett v. Trimac Investments, LLC
Date: January 26, 2012
Citation: 2009-CT-02025-SCT
Petition for writ of certiorari filed by counsel for Trimac, LLC is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Not Participating: Randolph, J. Order entered.
Date: January 26, 2012
Citation: 2009-CT-02025-SCT
Petition for writ of certiorari filed by counsel for Trimac, LLC is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Not Participating: Randolph, J. Order entered.
Mississippi Windstorm Underwriting Assn. v. Union National Fire Ins. Co.
Date: January 26, 2012
Citation: 2010-CC-00076-SCT
Docket Number: 2010-CC-00076-SCT
Date: January 26, 2012
Citation: 2010-CC-00076-SCT
Docket Number: 2010-CC-00076-SCT
Justia Opinion Summary: As a result of Hurricane Katrina, the Mississippi Windstorm Underwriting Association (MWUA) sustained great losses well in excess of its reinsurance. MWUA assessed its members to cover the loss. Members are required to…
Anthony Lafayette v. State of Mississippi
Date: January 26, 2012
Citation: 2010-CT-00064-SCT
Petition for writ of certiorari filed by Anthony Lafayette is granted. To Grant: Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, Lamar and Pierce, JJ. Order entered.
Date: January 26, 2012
Citation: 2010-CT-00064-SCT
Petition for writ of certiorari filed by Anthony Lafayette is granted. To Grant: Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, Lamar and Pierce, JJ. Order entered.
Eric Turner v. State of Mississippi
Date: January 26, 2012
Citation: 2010-CT-00601-SCT
Petition for writ of certiorari filed by Eric Turner is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: January 26, 2012
Citation: 2010-CT-00601-SCT
Petition for writ of certiorari filed by Eric Turner is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Marvin Rhoda v. Edith W. Weathers
Date: January 26, 2012
Citation: 2010-CT-00797-SCT
Petition for writ of certiorari filed by counsel for Edith W. Weathers is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Deny: Chandler, J. Order entered.
Date: January 26, 2012
Citation: 2010-CT-00797-SCT
Petition for writ of certiorari filed by counsel for Edith W. Weathers is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Deny: Chandler, J. Order entered.
Richard Partain v. State of Mississippi
Date: January 26, 2012
Citation: 2010-CT-00896-SCT
Petition for writ of certiorari filed by Richard Partain, pro se, is denied. To Deny: Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss as Untimely: Waller, C.J., and Carlson, P.J. Order entered.
Date: January 26, 2012
Citation: 2010-CT-00896-SCT
Petition for writ of certiorari filed by Richard Partain, pro se, is denied. To Deny: Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss as Untimely: Waller, C.J., and Carlson, P.J. Order entered.
Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company
Date: January 26, 2012
Citation: 2010-CT-01280-SCT
Petition for writ of Certiorari filed by Michael Kukor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.
Date: January 26, 2012
Citation: 2010-CT-01280-SCT
Petition for writ of Certiorari filed by Michael Kukor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.
Rennie T. Gibbs v. State of Mississippi
Date: January 26, 2012
Citation: 2010-IA-00819-SCT
Motion for rehearing filed by Rennie T. Gibbs is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: January 26, 2012
Citation: 2010-IA-00819-SCT
Motion for rehearing filed by Rennie T. Gibbs is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Bailey v. Mississippi
Date: January 26, 2012
Citation: 2010-KA-00366-SCT
Docket Number: 2010-KA-00366-SCT
Date: January 26, 2012
Citation: 2010-KA-00366-SCT
Docket Number: 2010-KA-00366-SCT
Justia Opinion Summary: Defendant Deric Bailey was convicted by a jury of deliberate-design murder for which he was sentenced to life in prison. On appeal, Defendant's conviction and sentence were reversed by the Court of Appeals and the case…
T. Jackson Lyons & Associates, P. A. v. Precious T. Martin, Sr. & Associates, PLLC
Date: January 26, 2012
Citation: 2011-CA-00167-SCT
Date: January 26, 2012
Citation: 2011-CA-00167-SCT
Lee v. Mississippi
Date: January 26, 2012
Citation: 2011-CP-00165-SCT
Date: January 26, 2012
Citation: 2011-CP-00165-SCT
Justia Opinion Summary: Defendant Gary Lee pled guilty to accessory after the fact to armed robbery in 1982. In 2010, he filed a petition for habeas corpus (post-conviction relief under Mississippi law) at the circuit court. The court denied…
Mississippi Comm'n on Judicial Perf. v. Thompson
Date: January 26, 2012
Citation: 2011-JP-00555-SCT
Docket Number: 2011-JP-00555-SCT
Date: January 26, 2012
Citation: 2011-JP-00555-SCT
Docket Number: 2011-JP-00555-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance (Commission) filed a formal complaint against Justice Court Judge Rickey Thompson (District Four, Lee County). The multicount complaint charged Judge Thompson with…
Glen L. Conley, Jr. v. State of Mississippi
Date: January 26, 2012
Citation: 2011-M-01006
Application for Leave to File Post-Conviction Motion filed pro se by Petitioner is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Order entered.
Date: January 26, 2012
Citation: 2011-M-01006
Application for Leave to File Post-Conviction Motion filed pro se by Petitioner is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Order entered.
City of Jackson, Mississippi v. Rebuild America, Inc.
Date: January 19, 2012
Citation: 2008-CT-02121-SCT
Petition for writ of certiorari filed by Rebuild America, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Not Participating: King, J. Order entered.
Date: January 19, 2012
Citation: 2008-CT-02121-SCT
Petition for writ of certiorari filed by Rebuild America, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Not Participating: King, J. Order entered.
Kenneth Ray Ellis v. State of Mississippi
Date: January 19, 2012
Citation: 2009-CT-02030-SCT
Petition for writ of certiorari filed by Kenneth Ray Ellis 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: January 19, 2012
Citation: 2009-CT-02030-SCT
Petition for writ of certiorari filed by Kenneth Ray Ellis 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.
Fredericks v. Malouf
Date: January 19, 2012
Citation: 2009-IA-01181-SCT
Docket Number: 2009-IA-01181-SCT
Date: January 19, 2012
Citation: 2009-IA-01181-SCT
Docket Number: 2009-IA-01181-SCT
Justia Opinion Summary: Kristine Malouf took the drug Depakote to control her seizures both before and during her pregnancy. While Kristine gave birth to a seemingly healthy child in March 1997, she and her husband eventually discovered the…
John Fletcher, John McConnon and Tom Leader v. Diamondhead Incorporators
Date: January 19, 2012
Citation: 2010-AN-00117-SCT
Motion for rehearing filed by Appellants is denied.
Date: January 19, 2012
Citation: 2010-AN-00117-SCT
Motion for rehearing filed by Appellants is denied.
Vickie E. Neal and Shirley A. Bolton v. Joslyn Manufacturing Company and Danaher Corporation
Date: January 19, 2012
Citation: 2010-CA-00379-SCT
On the Court's own motion, it is therefore ordered that the Appellants shall file a supplemental brief with the Clerk of this Court on or before January 31, 2012, not to exceed fifteen pages in length. The supplemental brief shall address the specific issues found in Appellees' Motion to Dismiss Frivolous Appeal and for Sanctions - whether the Appellants' request of settlement funds from the Jasper County Circuit Court render this matter a frivolous appeal and show cause as to whether sanctions should issue. It is further ordered that Earnestine Alexander, counsel for the Appellants, show cause as to whether she made misrepresentations to this Court, which is due on or before January 31, 2012, not to exceed five pages in length. Order entered.
Date: January 19, 2012
Citation: 2010-CA-00379-SCT
On the Court's own motion, it is therefore ordered that the Appellants shall file a supplemental brief with the Clerk of this Court on or before January 31, 2012, not to exceed fifteen pages in length. The supplemental brief shall address the specific issues found in Appellees' Motion to Dismiss Frivolous Appeal and for Sanctions - whether the Appellants' request of settlement funds from the Jasper County Circuit Court render this matter a frivolous appeal and show cause as to whether sanctions should issue. It is further ordered that Earnestine Alexander, counsel for the Appellants, show cause as to whether she made misrepresentations to this Court, which is due on or before January 31, 2012, not to exceed five pages in length. Order entered.
Knight v. Knight
Date: January 19, 2012
Citation: 2010-CA-01084-SCT
Docket Numbers: 2010-CA-01084-SCT, 2010-CA-01086-SCT
Date: January 19, 2012
Citation: 2010-CA-01084-SCT
Docket Numbers: 2010-CA-01084-SCT, 2010-CA-01086-SCT
Justia Opinion Summary: Plaintiffs Brian and David Knight each filed separate complaints against their uncle Defendant Benny Knight, alleging assault and battery. The trial court dismissed these cases without prejudice for want of prosecution…
Anthony Joseph Cuccia v. Julie Anne (Reavy) Cuccia
Date: January 19, 2012
Citation: 2010-CT-00083-SCT
Petition for writ of certiorari filed by Julie Anne Cuccia is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Date: January 19, 2012
Citation: 2010-CT-00083-SCT
Petition for writ of certiorari filed by Julie Anne Cuccia is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
Villas of Windsong, LTD. and its General Partner Arbor Properties, Inc., Arbor Properties, LLC and Arbor Place II, LLC v. RGT/ Charleston Partners, LTD., by and through its General Partner, Ford Development Corp.
Date: January 19, 2012
Citation: 2010-CT-00134-SCT
Petition for writ of certiorari filed by counsel for RGT/Charleston Partners, Ltd., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.
Date: January 19, 2012
Citation: 2010-CT-00134-SCT
Petition for writ of certiorari filed by counsel for RGT/Charleston Partners, Ltd., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.
George Wesley Devereaux v. State of Mississippi
Date: January 19, 2012
Citation: 2010-CT-00710-SCT
Petition for writ of certiorari filed by counsel for the State of Mississippi is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. Not Participating: Kitchens, J. Order entered.
Date: January 19, 2012
Citation: 2010-CT-00710-SCT
Petition for writ of certiorari filed by counsel for the State of Mississippi is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. Not Participating: Kitchens, J. Order entered.
Business Communications, Inc., v. Albert Banks
Date: January 12, 2012
Citation: 2009-CT-00407-SCT
Petition for writ of certiorari filed by Albert Banks is granted: To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., and Randolph, J. Not Participating: Chandler and King, JJ. Order entered.
Date: January 12, 2012
Citation: 2009-CT-00407-SCT
Petition for writ of certiorari filed by Albert Banks is granted: To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., and Randolph, J. Not Participating: Chandler and King, JJ. Order entered.
Cedric King a/k/a Cedric Lamar King v. State of Mississippi
Date: January 12, 2012
Citation: 2009-CT-01790-SCT
Petition for writ of certiorari filed by Cedric King pro se is dismissed pursuant to MRAP 17(b). This order is to correct the previous order entered on 01/05/2012. Order entered.
Date: January 12, 2012
Citation: 2009-CT-01790-SCT
Petition for writ of certiorari filed by Cedric King pro se is dismissed pursuant to MRAP 17(b). This order is to correct the previous order entered on 01/05/2012. Order entered.
Sanders v. Mississippi
Date: January 12, 2012
Citation: 2009-CT-01925-SCT
Docket Number: 2009-CT-01925-SCT
Date: January 12, 2012
Citation: 2009-CT-01925-SCT
Docket Number: 2009-CT-01925-SCT
Justia Opinion Summary: A jury convicted Defendant Edna Mae Sanders of murdering her husband, and she was sentenced to life in prison. The Court of Appeals reversed her conviction and remanded for a new trial based on the trial court's error in…
Mark Fails and Laura Fails v. Jefferson Davis County Public School Board
Date: January 12, 2012
Citation: 2010-CT-00042-SCT
Petition for writ of certiorari filed by counsel for Mark Fails and Laura Fails is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: King, J. Order entered.
Date: January 12, 2012
Citation: 2010-CT-00042-SCT
Petition for writ of certiorari filed by counsel for Mark Fails and Laura Fails is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: King, J. Order entered.
Helen Powels, Administratrix of the Estate of Kathryn M. Rich, Deceased v. Betty T. Iles, as Executrix of the Estate of Jerry W. Iles, M.D.
Date: January 12, 2012
Citation: 2010-CT-00337-SCT
Petition for writ of certiorari filed by Helen Powels, Administratrix of the Estate of Kathryn M. Rich, Deceased is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Randolph, Pierce and King, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.
Date: January 12, 2012
Citation: 2010-CT-00337-SCT
Petition for writ of certiorari filed by Helen Powels, Administratrix of the Estate of Kathryn M. Rich, Deceased is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Randolph, Pierce and King, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.
Knight Properties, Incorporated and Builders and Contractors Association of Mississippi v. Kenny Sanders, Individually; Kenny Sanders, A Sole Proprietorship and First Comp Insurance Company
Date: January 12, 2012
Citation: 2010-CT-00404-SCT
Joint Motion to Dismiss Petition for Writ of Certiorari is granted and the Petition for Writ of Certiorari is dismissed. Order entered.
Date: January 12, 2012
Citation: 2010-CT-00404-SCT
Joint Motion to Dismiss Petition for Writ of Certiorari is granted and the Petition for Writ of Certiorari is dismissed. Order entered.
Jherashio Ramandes Hosey v. State of Mississippi
Date: January 12, 2012
Citation: 2010-CT-00602-SCT
Petition for writ of certiorari filed by Jherashio Ramandes Hosey 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: January 12, 2012
Citation: 2010-CT-00602-SCT
Petition for writ of certiorari filed by Jherashio Ramandes Hosey 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.
Marian Allen and Felix Fenderson v. City of Laurel, Mississippi and Mary Ann Hess
Date: January 12, 2012
Citation: 2010-EC-01314-SCT
Dickinson, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.
Date: January 12, 2012
Citation: 2010-EC-01314-SCT
Dickinson, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.
Mississippi High School Activities Association, Inc., Gregg Freeman, In His Official Capacity, and Don Hinton, In His Official Capacity v. T.M.G., and S.G., Minors, By And Through Their Mother And Next Friend Lashannon Slay
Date: January 12, 2012
Citation: 2011-IA-01888-SCT
Petition for Interlocutory Appeal filed by the Mississippi High School Activities Association (MHSAA) is granted. The claims of T.M.G. against the defendants in Civil Action No. 2011-0804-GN-G are dismissed. The stay of trial court proceedings is vacated and this matter is remanded to the Chancery Court of Forrest County, Mississippi. To Grant: All Justices. Kitchens, J., for the Court. Order entered.
Date: January 12, 2012
Citation: 2011-IA-01888-SCT
Petition for Interlocutory Appeal filed by the Mississippi High School Activities Association (MHSAA) is granted. The claims of T.M.G. against the defendants in Civil Action No. 2011-0804-GN-G are dismissed. The stay of trial court proceedings is vacated and this matter is remanded to the Chancery Court of Forrest County, Mississippi. To Grant: All Justices. Kitchens, J., for the Court. Order entered.
Mississippi High School Activities Association, Inc., Gregg Freeman, In His Official Capacity, and Don Hinton, In His Official Capacity v. T.M.G. and S.G., Minors, By and Through Their Mother and Next Friend Lashannon Slay and Hattiesburg Public School District
Date: January 12, 2012
Citation: 2011-M-01873
Emergency Petition for Disqualification of Trial Judge is denied. The stay imposed by previous order of this Court is lifted. To Deny: All Justices. Order entered.
Date: January 12, 2012
Citation: 2011-M-01873
Emergency Petition for Disqualification of Trial Judge is denied. The stay imposed by previous order of this Court is lifted. To Deny: All Justices. Order entered.
Mississippi High School Activities Association, Inc., Gregg Freeman, In His Official Capacity, and Don Hinton, In His Official Capacity v. T.M.G., and S.G., Minors, By and Through Their Mother and Next Friend Lashannon Slay
Date: January 12, 2012
Citation: 2011-M-01893-SCT
Petition for Interlocutory Appeal filed by the Mississippi High School Activities Association (MHSAA) is denied. To Deny: All Justices. Order entered.
Date: January 12, 2012
Citation: 2011-M-01893-SCT
Petition for Interlocutory Appeal filed by the Mississippi High School Activities Association (MHSAA) is denied. To Deny: All Justices. Order entered.
Lawrence Branch v. State of Mississippi
Date: January 5, 2012
Citation: 2002-DP-01315-SCT
Motion to Resentence to Life Without Parole is granted in part insofar as this matter is remanded to the Circuit Court for the First Judicial District of Carroll County, case No. 2001-0003CR1, for resentencing within thirty (30) days of the entry of this order. Agreed: All Justices. Order entered.
Date: January 5, 2012
Citation: 2002-DP-01315-SCT
Motion to Resentence to Life Without Parole is granted in part insofar as this matter is remanded to the Circuit Court for the First Judicial District of Carroll County, case No. 2001-0003CR1, for resentencing within thirty (30) days of the entry of this order. Agreed: All Justices. Order entered.
Arcadia Farms Partnership v. Audubon Insurance Company
Date: January 5, 2012
Citation: 2009-CT-00903-SCT
Date: January 5, 2012
Citation: 2009-CT-00903-SCT
Justia Opinion Summary: A fire destroyed a cotton-picking machine owned by Arcadia Farms Partnership. Though insurance coverage initially was denied, Audubon Insurance Company eventually paid Arcadia for the loss. Arcadia then filed suit…
Edward M. O'Keeffe v. Biloxi Casino Corp. d/b/a Casino Magic-Biloxi
Date: January 5, 2012
Citation: 2009-CT-01185-SCT
Petition for writ of certiorari filed by counsel for Edward M. O'Keeffe is denied. To Deny: All Justices. Order entered.
Date: January 5, 2012
Citation: 2009-CT-01185-SCT
Petition for writ of certiorari filed by counsel for Edward M. O'Keeffe is denied. To Deny: All Justices. Order entered.
Long Meadow Homeowners' Association, Inc., William H. Arnold, Carol K. Arnold, Kenneth G. Barron, Sylvia D. Barron, Alan B. Cameron, Mary D. Cameron, Joseph B. Christman, Leah M. Christman, Clyde H. Coltharp, Mary Frances Coltharp, Rebecca Ann Culver, Tristan Denley, Kimberly Denley, Robert Byron Ellis, Suzete M. Ellis, Aubrey O'Neal Farrar, Cynthia Leigh Farrar, Charles D. Hufford, Alice C. Hufford, E. Jeff Justis, Sally V. Justis, Scott B. Lennard, Elaine A. Lennard, Timothy J. Mays, Carla Janene Mays, Glenn R. Parsons, Cheryl B. Parsons, James C. Propes, Charlotte C. Propes, Rick N. Rafinson, Bonnie S. Rafinson, Roderick N. Rafinson, Diana G. Rafinson, Jimmy Earl Shankle, Margaret Shankle, Robert C. Speth, Janet F. Speth, Allen Spurgeon, Debra Spurgeon, Julien Tatum and Christine B. Tatum v. Ernest C. Harland and Bonnie S. Harland
Date: January 5, 2012
Citation: 2009-CT-01775-SCT
Petition for writ of certiorari filed by the Long Meadow Homeowners' Association, et al., is granted. To Grant: Carlson, P.J., Lamar, Chandler and Pierce, JJ. To Deny: Waller, C.J., Dickinson, P.J., Randolph and Kitchens, JJ. Not Participating: King, J. Order entered.
Date: January 5, 2012
Citation: 2009-CT-01775-SCT
Petition for writ of certiorari filed by the Long Meadow Homeowners' Association, et al., is granted. To Grant: Carlson, P.J., Lamar, Chandler and Pierce, JJ. To Deny: Waller, C.J., Dickinson, P.J., Randolph and Kitchens, JJ. Not Participating: King, J. Order entered.
Cedric King a/k/a Cedric Lamar King v. State of Mississippi
Date: January 5, 2012
Citation: 2009-CT-01790-SCT
Petition for writ of certiorari filed by Eric Jones is dismissed pursuant to M.R.A.P. 17(b). Order entered.
Date: January 5, 2012
Citation: 2009-CT-01790-SCT
Petition for writ of certiorari filed by Eric Jones is dismissed pursuant to M.R.A.P. 17(b). Order entered.
Ruth Agnes Crosthwait v. Southern Health Corporation of Houston, Inc. d/b/a Trace Regional Hospital and Marcia Morgan
Date: January 5, 2012
Citation: 2010-CT-00526-SCT
Petition for writ of certiorari filed by Ruth Agnes Crosthwait is granted. To Grant: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Carlson and Dickinson, P.JJ., and Randolph, J. Order entered.
Date: January 5, 2012
Citation: 2010-CT-00526-SCT
Petition for writ of certiorari filed by Ruth Agnes Crosthwait is granted. To Grant: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Carlson and Dickinson, P.JJ., and Randolph, J. Order entered.
Jamie Triste v. State of Mississippi
Date: January 5, 2012
Citation: 2010-CT-01163-SCT
Petition for writ of certiorari filed by Jamie Triste is denied. To Deny: All Justices. Order entered.
Date: January 5, 2012
Citation: 2010-CT-01163-SCT
Petition for writ of certiorari filed by Jamie Triste is denied. To Deny: All Justices. Order entered.
McKesson Corporation v. State of Mississippi
Date: January 5, 2012
Citation: 2011-M-01066-SCT
Petition for Interlocutory Appeal and for Stay is denied. Order entered.
Date: January 5, 2012
Citation: 2011-M-01066-SCT
Petition for Interlocutory Appeal and for Stay is denied. Order entered.
Laterica L. Powers and Sandra Hammack v. Immanuel F. Powers
Date: January 5, 2012
Citation: 2011-M-01630-SCT
Petition for Interlocutory Appeal filed by Laterica L. Powers and Sandra Hammack is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Carlson, P.J., Kitchens and King, JJ. Order entered.
Date: January 5, 2012
Citation: 2011-M-01630-SCT
Petition for Interlocutory Appeal filed by Laterica L. Powers and Sandra Hammack is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Carlson, P.J., Kitchens and King, JJ. Order entered.
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