Supreme Court of Mississippi Decisions 2014
Opinions 1 - 500 of 570
Date: December 11, 2014
Citation: 2009-CT-01793-SCT
Petition for Writ of Certiorari filed pro se by Richard Dean is denied. To Deny: All Justices. Order entered.
Date: December 11, 2014
Citation: 2011-CT-01472-SCT
Docket Number: 2011-CT-01472-SCT
Justia Opinion Summary: Jimmy Chism Jr. (Jim) challenged the termination of his parental rights to his son, Johnny. After review of the trial court record, the Supreme Court found that Jim’s parental rights were wrongfully terminated, it…
Date: December 11, 2014
Citation: 2012-CA-01153-SCT
Docket Number: 2012-CA-01153-SCT
Justia Opinion Summary: Tanya and Hobson Sanderson divorced after seventeen years of marriage. When Tanya and Hobson married in 1994, Tanya signed a prenuptial agreement the day before their marriage, and upon divorce, the chancellor enforced…
Date: December 11, 2014
Citation: 2012-CA-01581-SCT
Docket Number: 2013-KA-01581-SCT
Date: December 11, 2014
Citation: 2012-CT-00231-SCT
Docket Number: 2012-CT-00231-SCT
Justia Opinion Summary: Anthony Carothers was convicted of two counts of aggravated assault and sentenced to consecutive twenty-year terms in the Mississippi Department of Corrections for each count. On direct appeal to the Court of Appeals,…
Date: December 11, 2014
Citation: 2012-CT-00884-SCT
Docket Number: 2012-CT-00884-SCT
Justia Opinion Summary: This appeal stemmed from Amy Waites Ritchie's petition to modify a custody agreement created by Jeffrey Scott Waites (“Scott”) and herself following their divorce two years earlier. Amy petitioned for modification,…
Date: December 11, 2014
Citation: 2012-CT-01083-SCT
Docket Number: 2012-CT--01083-SCT
Justia Opinion Summary: Charles William White (“Bill”) and his son Charles Thomas White (“Tommy”), were partners in a business that owned and operated convenience stores. In 2000, during the course of the partnership, Bill married Anita White.…
Date: December 11, 2014
Citation: 2012-CT-01144-SCT
Petition for Writ of Certiorari filed by Timothy L. Bell is denied. To Deny: All Justices. Order entered.
Date: December 11, 2014
Citation: 2012-CT-01301-SCT
Petition for Writ of Certiorari filed by counsel for the petitioners is hereby denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, and Pierce, JJ. To Grant: Coleman, J. Not Participating: King, J. Order entered.
Date: December 11, 2014
Citation: 2012-CT-01548-SCT
Petition for Writ of Certiorari filed pro se by Richard Dean is denied. To Deny: All Justices. Order entered.
Date: December 11, 2014
Citation: 2012-IA-01667-SCT
Docket Numbers: 2012-IA-01667-SCT, 2013-CA-01155-SCT
Justia Opinion Summary: This appeal arose over a contract dispute between a yacht owner, an independent contractor hired to paint the yachts, and an unpaid paint supplier. The owner challenged a lien the unpaid paint supplier established and…
Date: December 11, 2014
Citation: 2012-KA-01581-SCT
Docket Number: 2012-KA-01581-SCT
Justia Opinion Summary: Defendant LeeVester Brown was arrested and indicted for the capital murder of his son, Le’Anthony Brown. In 2003, mother Shirley Myles left for work, leaving Le'Anthony and defendant home alone. She had just put the baby…
Date: December 11, 2014
Citation: 2013-CA-01217-SCT
Docket Number: 2013-CA-01217-SCT
Justia Opinion Summary: In 2000, a grand jury indicted Rebecca Hentz for one count of conspiracy to manufacture methamphetamine and two counts of attempt to manufacture methamphetamine. Hentz pleaded guilty to one count of attempt to…
Date: December 11, 2014
Citation: 2013-CT-00034-SCT
Petition for Writ of Certiorari filed by Tango Transport and Zurich American Insurance Company is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Lamar, J. Order entered.
Date: December 11, 2014
Citation: 2013-CT-00159-SCT
Petition for Writ of Certiorari En Banc filed by Willie Lee Madden, Jr. is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: December 11, 2014
Citation: 2013-CT-00310-SCT
Petition for Writ of Certiorari filed by George Huey is denied. To Deny: All Justices. Order entered.
Date: December 11, 2014
Citation: 2013-CT-00406-SCT
Petition for Writ of Certiorari filed by the petitioners is hereby granted. To Grant: All Justices. Order entered.
Date: December 11, 2014
Citation: 2013-CT-00575-SCT
Petition for Writ of Certiorari filed pro se by Antonio Williams is hereby granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, and King, JJ. To Deny: Randolph, P.J., Chandler, Pierce, and Coleman, JJ. Order entered.
Date: December 11, 2014
Citation: 2013-EC-00928-SCT
Docket Number: 2013-EC-00928-SCT
Justia Opinion Summary: Democratic candidate Bobbie Miller successfully challenged independent incumbent Dimp Powell for the office of mayor of Isola. Prior to the election, the Municipal Election Commission of Isola approved the placement of…
Date: December 11, 2014
Citation: 2013-IA-00181-SCT
Docket Number: 2013-IA-00181-SCT
Justia Opinion Summary: In October 2010, Clara Dees filed a medical malpractice suit against Heritage House Nursing Home and its employees and against River Region Medical Center and its employees. River Region was owned by Vicksburg…
Date: December 11, 2014
Citation: 2013-IA-00402-SCT
Docket Number: 2013-IA-00402-SCT
Justia Opinion Summary: Following the Supreme Court’s reversal and remand of Harvey Williams' murder conviction, the Hinds County District Attorney Robert Smith sought an order of nolle prosequi, which the circuit court granted. Two days later,…
Date: December 4, 2014
Citation: 2011-CT-00787-SCT
Date: December 4, 2014
Citation: 2012-CA-01555-SCT
Docket Number: 2012-CA-01555-SCT
Justia Opinion Summary: William Brantley filed a personal injury action against the City of Horn Lake seeking to recover monetary damages for injuries he sustained due to the alleged negligence of a member of the City's fire department. In…
Date: December 4, 2014
Citation: 2012-CT-01939-SCT
Petition for Writ of Certiorari filed by Utility Constructors, Inc. and Guest Consultants, Inc. is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King, and Coleman, JJ. To Grant: Randolph, P.J. Order entered.
Date: December 4, 2014
Citation: 2013-CA-00701-SCT
Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and Coleman, JJ., would Grant.
Date: December 4, 2014
Citation: 2013-CA-00779-SCT
Docket Number: 2013-CA-00779-SCT
Justia Opinion Summary: Clayton Gutierrez appealed the Chancery Court's judgment which granted Clayton's wife Trisha lump-sum and periodic alimony incident to the divorce and found Clayton in contempt for failing to make court-ordered support…
Date: December 4, 2014
Citation: 2013-CA-00968-SCT
Docket Number: 2013-CA-00968-SCT
Justia Opinion Summary: When Booneville Collision Repair (BCR) unknowingly purchased land that had been sold for delinquent municipal taxes, it redeemed the land and sued Prentiss County, the City of Booneville, and the municipal tax collector,…
Date: December 4, 2014
Citation: 2013-CA-01920-SCT
Docket Number: 2013-CA-01920-SCT
Justia Opinion Summary: The McTaggarts filed suit against the former trustee and trust advisor of their family trust, alleging improper handling of their trust funds. The former trustee and trust advisor moved to dismiss the case or have the…
Date: December 4, 2014
Citation: 2013-IA-00950-SCT
Docket Number: 2013-IA-00950-SCT
Justia Opinion Summary: In 1999 the County Court of Lauderdale County determined that Brian Bronk was the natural father of Margaret Hobson's minor child. In that same judgment, the court granted sole custody to Hobson. Soon after the child's…
Date: November 20, 2014
Citation: 2012-CT-00965-SCT
Petition for Writ of Certiorari filed pro se by Scooter L. Robinson is denied. To Deny: All Justices. Order entered.
Date: November 20, 2014
Citation: 2012-CT-01228-SCT
Docket Number: 2012-CT-01228-SCT
Justia Opinion Summary: Richard Palermo alleged that he was injured by infected tissue surgically placed into his knee. He sued LifeLink Foundation, Inc., under the Mississippi Products Liability Act (“MPLA”), Mississippi Code Section 11-1-63.…
Date: November 20, 2014
Citation: 2013-CA-01511-SCT
Docket Number: 2013-CA-01511-SCT
Justia Opinion Summary: The Mississippi Transportation Commission (MTC) procured some land from O.R. and Carylon Garretson via eminent domain in order to construct a bypass in Greene County. The Garretsons later filed a complaint against the…
Date: November 20, 2014
Citation: 2013-CA-01840-SCT
Motion for Substitution of Parties filed by Appellee is denied. Order entered.
Date: November 20, 2014
Citation: 2013-CT-00233-SCT
Petition for Writ of Certiorari filed by Estus James Smith is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, and King, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Order entered.
Date: November 20, 2014
Citation: 2013-CT-00388-SCT
Matthew Thomas Rickman's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: November 20, 2014
Citation: 2013-CT-01248-SCT
Petition for Writ of Certiorari filed by Kevin M. Atkins, Michael Butler, Phillip Crapps, James Kelly, Jr., Dennis Huff and Bobbie Williams is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J.
Date: November 20, 2014
Citation: 2013-IA-00666-SCT
Docket Number: 2013-IA-00666-SCT
Justia Opinion Summary: An action was initiated by certain former members and the board of Mississippi Comp Choice Self-Insurers Fund. Comp Choice was a workers’ compensation group self-insurer operating under a certificate of authority granted…
Date: November 20, 2014
Citation: 2013-SA-01905-SCT
Docket Number: 2013-SA-01905-SCT
Justia Opinion Summary: In June 2011 the Department of Revenue assessed additional individual, sales, and corporate taxes against taxpayers Southside, Inc. d/b/a Wines, Etc. and Barry and Sarabeth Artz. They appealed a Board of Tax ruling…
Date: November 13, 2014
Citation: 2010-DP-01348-SCT
Docket Number: 2010-DP-01348-SCT
Justia Opinion Summary: This was Curtis Flowers's fourth direct appeal stemming from the 1996 murders of four employees of a Winona furniture store. A grand jury indicted Flowers on four separate counts of capital murder, with the underlying…
Date: November 13, 2014
Citation: 2011-CT-01922-SCT
Petition for writ of certiorari filed by the Peoples Bank of Biloxi, Mississippi, and Thomas J. Sliman is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ. Order entered.
Date: November 13, 2014
Citation: 2012-CT-01973-SCT
Petition for writ of certiorari filed by Timothy Edward Myers is dismissed. M.R.A.P. 17(b) and 40(a). Order entered.
Date: November 13, 2014
Citation: 2013-CA-00688-SCT
Docket Number: 2013-CA-00688-SCT
Justia Opinion Summary: The Jefferson Davis County Youth Court held J.P. (minor) in a juvenile detention facility for 103 days, then in the Jefferson Davis County Jail for thirty days more when J.P. attained age eighteen. J.P. was never…
Date: November 13, 2014
Citation: 2013-CT-00451-SCT
Petition for writ of certiorari filed by Becky Hodges, Administrator of the Estate of Amanda Cleveland, Deceased, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
Date: November 13, 2014
Citation: 2013-KA-00520-SCT
Docket Number: 2013-KA-00520-SCT
Justia Opinion Summary: Rebecca Jones was convicted for the murder of her mother, for which she received a life sentence. On appeal, she argued the trial court erred in admitting evidence of her prior drug use, that the trial court erred in…
Date: November 13, 2014
Citation: 2013-KA-00787-SCT
Docket Number: 2013-KA-00787-SCT
Justia Opinion Summary: Charles Moore appealed his conviction for felony driving under the influence (DUI), third offense. Moore argued that there was insufficient evidence to support his conviction. Finding no merit to this contention, the…
Date: November 13, 2014
Citation: 89-R-99015-SCT
The letter motion filed on July 3, 2013, by Circuit Judge Billy J. Landrum is dismissed. All Justices Agree. Order entered. </ul><br><hr>
Date: November 6, 2014
Citation: 2012-CA-00107-SCT
Docket Number: 2012-CA-00107-SCT
Justia Opinion Summary: The Circuit Court granted summary judgment in favor of Columbia Casualty Company and Continental Casualty Company, finding there was no wrongdoing in denying coverage to four former insureds (Ex-Agents) and Minnesota…
Date: November 6, 2014
Citation: 2012-CA-01229-SCT
Docket Number: 2012-CA-01229-SCT
Justia Opinion Summary: This case involves a familial dispute between two sisters. Jackie charged her sister Caron with unduly influencing their mother to obtain a greater share of the family property. Upon review of the facts in record, the…
Date: November 6, 2014
Citation: 2012-CA-01423-SCT
Docket Number: 2012-CA-01423-SCT
Justia Opinion Summary: Tammy and Dane Davenport were granted an irreconcilable-differences divorce in 2012. Tammy appealed the final judgment of divorce, arguing the trial court erred in dividing the couple's assets, and in excluding certain…
Date: November 6, 2014
Citation: 2012-CA-01737-SCT
King, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.
Date: November 6, 2014
Citation: 2012-CT-00663-SCT
Docket Number: 2012-CT-00663-SCT
Justia Opinion Summary: The plaintiff in this automobile-accident lawsuit sued her underinsured-motorist insurance carrier. Even though the UM carrier admitted liability and agreed to pay any damages awarded at trial that exceeded available…
Date: November 6, 2014
Citation: 2012-CT-01299-SCT
Docket Number: 2012-CT-01299-SCT
Justia Opinion Summary: Boyce Elmore died on November 5, 2000. More than ten years later, Cedric Williams (claiming to be Boyce’s son) filed a paternity action in an effort to recover under Boyce’s estate. After the chancellor held that…
Date: November 6, 2014
Citation: 2012-CT-01438-SCT
Petition for writ of certiorari filed by Omar Humphrey is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Lamar, J., not participating. Order entered.
Date: November 6, 2014
Citation: 2012-CT-01914-SCT
Docket Number: 2012-CT-01914-SCT
Justia Opinion Summary: The Circuit Court sentenced Glen Conley to life without parole. Conley sought review of the parole board’s refusal to give him a parole eligibility date. The Supreme Court concluded that the parole board lacked the…
Date: November 6, 2014
Citation: 2012-CT-01945-SCT
Petition for writ of certiorari filed by Kevin Thompson is denied. To Deny: All Justices. Order entered.
Date: November 6, 2014
Citation: 2013-CA-00707-SCT
Docket Number: 2013-CA-00707-SCT
Justia Opinion Summary: Diane Truddle, as mother and wrongful-death beneficiary of Eric Carmichael, sued Baptist Memorial Hospital-Desoto, Inc., and Dr. Sunil Malhotra after Carmichael committed suicide upon being discharged from Baptist. The…
Date: November 6, 2014
Citation: 2013-CT-00037-SCT
Petition for writ of certiorari filed by counsel for Rhoda Cofield is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Order entered.
Date: November 6, 2014
Citation: 2013-CT-00410-SCT
Petition for writ of certiorari filed by Yvonne Lovett is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Waller, C.J., not participating. Order entered.
Date: November 6, 2014
Citation: 2013-CT-00478-SCT
Petition for writ of certiorari filed pro se by Lonnie Massey is denied. To Deny: All Justices. Order entered.
Date: November 6, 2014
Citation: 2013-IA-01074-SCT
Docket Number: 2013-IA-1074-SCT
Justia Opinion Summary: Following his divorce, Vennit Mathis, individually and as next friend of his two minor children, sued Dr. Charles Brent for tortious interference of a marriage contract stemming from the relationship that Brent developed…
Date: October 30, 2014
Citation: 2012-CA-01297-SCT
Motion for rehearing filed by Appellants is denied. Kitchens, Chandler and King, JJ., would grant.
Date: October 30, 2014
Citation: 2012-CT-00159-SCT
Docket Numbers: 2012-CT-00159-SCT, 2012-CT-00926-SCT
Justia Opinion Summary: Donald Smith was indicted for two counts of kidnapping, one count of armed carjacking, and one count of felony evading a police officer. His case was set for trial on November 13, 2008. On that date, Smith orally moved…
Date: October 30, 2014
Citation: 2012-IA-01876-SCT
Date: October 30, 2014
Citation: 2013-CT-01160-SCT
Petition for writ of certiorari filed by Timothy Mosby is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.
Date: October 30, 2014
Citation: 2013-KA-00610-SCT
Motion for rehearing filed by Appellant is denied. King, J., would grant. Waller, C.J., not participating.
Date: October 30, 2014
Citation: 2013-KA-00813-SCT
Docket Number: 2013-KA-00813-SCT
Justia Opinion Summary: Jeremy Cage appealed his conviction for statutory rape, arguing that the trial court erred in excluding certain evidence and in denying his motion for a new trial. Cage also claimed that he was denied effective…
Date: October 24, 2014
Citation: 2014-EC-01247-SCT
Docket Number: 2014-EC-01247-SCT
Justia Opinion Summary: On June 24, 2014, Thad Cochran, a Republican nominee for United States Senator, won the Republican primary runoff. His opponent, Chris McDaniel, filed an election contest with the State Republican Executive Committee…
Date: October 23, 2014
Citation: 2012-CT-00660-SCT
Petition for writ of certiorari filed by Teri Suzanne O'Brien is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.
Date: October 23, 2014
Citation: 2012-CT-00763-SCT
Docket Number: 2012-CT-00763-SCT
Justia Opinion Summary: In this replevin action, a tenant sued his landlord and a towing company, alleging wrongful possession of several vehicles towed from the property he leased from the landlord. The County Court granted the defendants'…
Date: October 23, 2014
Citation: 2012-CT-01180-SCT
Petition for writ of certiorari filed by Lecia Elizabeth Spriggs is denied. To Deny: All Justices. Order entered.
Date: October 23, 2014
Citation: 2012-CT-01441-SCT
Docket Number: 2012-CT-01441-SCT
Justia Opinion Summary: In 2011, Gerald Collins granted Garrett Prestenbach a one-year option to purchase about 150 acres of Collins's farm and pasture land for $500,000. Prestenbach agreed to make a $25,000 down payment on the property and…
Date: October 23, 2014
Citation: 2012-CT-01908-SCT
Peterbilt Truck Center of Jackson, LLC's and Caterpillar, Inc.'s petitions for writ of certiorari are denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Grant: Coleman, J. Kitchens, J., not participating. Order entered.
Date: October 23, 2014
Citation: 2012-CT-01964-SCT
Petition for writ of certiorari filed by Appellees Mueller Copper Tube Company, Inc., and Mueller Industries, Inc., is denied. To Deny: All Justices. Order entered.
Date: October 23, 2014
Citation: 2012-DP-00208-SCT
Motions for rehearing filed by Appellant are denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Date: October 23, 2014
Citation: 2013-CA-00374-SCT
Docket Number: 2013-CA-00374-SCT
Justia Opinion Summary: When Monsanto Company sued Mitchell Scruggs and his various agricultural entities for patent infringement in federal court, Scruggs made a demand on his commercial general liability insurer, Farmland Mutual Insurance…
Date: October 23, 2014
Citation: 2013-CA-00518-SCT
Docket Number: 2013-CA-00518-SCT
Justia Opinion Summary: Columbus Cheer Company ("CCC") entered into a rental contract for the use of school facilities. Subsequently, CCC was informed that Columbus Municipal School District ("CMSD") would not honor the contract with CCC. CCC…
Date: October 23, 2014
Citation: 2013-CA-01124-SCT
Docket Number: 2013-CA-01124-SCT
Justia Opinion Summary: The Circuit Court granted summary judgment in favor of Arch Specialty Insurance Company, finding that Arch's general liability policy did not provide coverage for the claims asserted by the wrongful death beneficiaries…
Date: October 23, 2014
Citation: 2013-CA-01159-SCT
Docket Number: 2013-CA-01159-SCT
Justia Opinion Summary: EDW Investments, LLC, obtained a judgment against Techtronics, Inc. in 2007. In 2011, EDW sued Michelle Barnett ("Michelle"), the wife of Techtronics' president, Kevin Barnett ("Kevin"); Spectrum Wireless, LLC; MWB…
Date: October 23, 2014
Citation: 2013-CT-00046-SCT
Petition for writ of certiorari filed by Appellant David Bursey is denied. To Deny: All Justices. Order entered.
Date: October 23, 2014
Citation: 2013-CT-00515-SCT
Motion for writ of certiorari filed by Anthony Donnell Williams is dismissed. M.R.A.P. 17(b). Order entered.
Date: October 23, 2014
Citation: 2013-DR-00327-SCT
On the Court's own motion, the State of Mississippi must file a response to Thong Le's Petition for Extraordinary Relief and Motion to Stay. The response is due within 30 days after this order is entered. Le's time to file a supplement to his Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is extended until further order by this Court. Order entered.
Date: October 23, 2014
Citation: 2013-IA-01112-SCT
Docket Number: 2013-IA-01112-SCT
Justia Opinion Summary: Following the May 7, 2013, Democratic primary for the Ward 5 seat on the Greenwood City Council, the Greenwood Municipal Democratic Executive Committee certified Dorothy Ann Glenn as the winner and thus the Democratic…
Date: October 23, 2014
Citation: 2013-IA-01196-SCT
Petition for Interlocutory Appeal filed by Appellant was granted by order of this Court on September 18, 2013. After hearing oral arguments and upon further consideration, the Court finds that there is no need for further review. On the Court's own motion, the Petition for Permission for Interlocutory Appeal is dismissed. All costs are assessed to appellant. To Dismiss: All Justices. Lamar, J., for the Court. Order entered.
Date: October 23, 2014
Citation: 2013-IA-01291-SCT
Docket Number: 2013-IA-01291-SCT
Justia Opinion Summary: A.A. was electrocuted while playing on the farmland of David and Sherry Melton. Riley Berry, who worked for the Meltons, had parked a cotton picker under an allegedly sagging power line, which was owned by Entergy…
Date: October 23, 2014
Citation: 2014-CA-00008-SCT
Motion to Withdraw and Substitute Motion for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Mississippi in support of Lauren Beth Czekala-Chatham, Appellant, and revised Motion and Brief of American Civil Liberties Union and American Civil Liberties Union of Mississippi for Leave to File Brief as Amici Curiae in support of Lauren Beth Czekala-Chatham, Appellant, are granted. The amici brief filed as an attachment to the Substituted Amici Motion is accepted for filing. The State of Mississippi and Governor Phil Bryant, as Amicus Curiae in support of the State of Mississippi, may file their responses on or before November 14, 2014. To Grant: Waller, C.J., Dickinson, Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Order entered.
Date: October 16, 2014
Citation: 2010-BD-01849-SCT
Respondents' Motion to Dismiss Complaints is granted. This Court hereby accepts and adopts the recommendations of the Special Tribunal with respect to this case. Adopting said recommendations, this Court finds that the clear-and-convincing evidence standard required for imposition of disciplinary action against attorneys in Mississippi has not been met in this case. The complaints filed against Thomas W. Brock and William S. Guy by the Mississippi Bar are dismissed. Costs of this action shall be assessed to the Mississippi Bar. Waller, C.J., for the Court. Order entered.
Date: October 16, 2014
Citation: 2011-CT-01641-SCT
Docket Number: 2011-CT-01641-SCT
Justia Opinion Summary: Tommy Hampton Hampton was indicted for the “. . . tak[ing] of . . . $2,190.00 . . . by violence to [the victim’s] person by the exhibition of a deadly weapon . . .” and “having been previously convicted of at least two…
Date: October 16, 2014
Citation: 2011-CT-01796-SCT
Docket Number: 2011-CT-01796-SCT
Justia Opinion Summary: Eric Foster was indicted for “. . . wilfully, unlawfully and feloniously tak[ing] . . . the personal property of the Bank of Franklin, against [the victims’] will by violence to [the victims] or by putting [the victims]…
Date: October 16, 2014
Citation: 2012-CT-01553-SCT
Docket Number: 2012-CT-01553-SCT
Justia Opinion Summary: Carl Cook was convicted of misdemeanor driving under the influence (“DUI”), first offense, in the Rankin County Justice Court. Cook appealed to the County Court of Rankin County. At a trial de novo before the county…
Date: October 16, 2014
Citation: 2013-CP-01030-SCT
Pierce, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.
Date: October 16, 2014
Citation: 2013-IA-01063-SCT
Joint Motion to Dismiss Appeal in Cause No. 2013-M-1072-SCT is granted with each side to bear its own costs. The cause is remanded to the Smith County Circuit Court, where the parties may petition for a judgment dismissing American Reliable from the underlying action. Pierce, J., not participating. Kitchens, J., for the Court. Order entered.
Date: October 16, 2014
Citation: 2013-IA-01072-SCT
Joint Motion to Dismiss Appeal in Cause No. 2013-M-1072-SCT is granted with each side to bear its own costs. The cause is remanded to the Smith County Circuit Court, where the parties may petition for a judgment dismissing American Reliable from the underlying action. Pierce, J., not participating. Kitchens, J., for the Court. Order entered.
Date: October 16, 2014
Citation: 2014-IA-00584
Motion to Dismiss Joseph Bailey Without Prejudice or, in the Alternative, to Remand to the Trial Court for Further Proceedings filed by Appellees is granted, and this appeal is dismissed upon entry of this order. This matter is remanded to the Union County Circuit Court, for entry of an order granting Joseph Bailey's Motion to Dismiss for Insufficient Service of Process in cause no. CV-2013-118-U. The stay of trial court proceedings entered by this Court on July 16, 2014, is vacated. Appellees are taxed with all costs of this appeal. Chandler, J., for the Court. Order entered.
Date: October 9, 2014
Citation: 2012-CT-01258-SCT
Docket Number: 2012-CT-01258-SCT
Justia Opinion Summary: In a divorce and child-custody dispute between Shannon and Mary Jane Borden, the chancellor awarded custody of their two sons to father-Shannon. The Court of Appeals affirmed the judgment. Finding that the chancellor…
Date: October 9, 2014
Citation: 2012-CT-01995-SCT
Petition for writ of certiorari filed by Sherrill Culpepper is denied. To Deny: All Justice. Order entered.
Date: October 9, 2014
Citation: 2012-KA-01158-SCT
Motion to Expedite the Case for Consideration and Motion to Direct Lower Court to Consider House Arrest/Bond filed by Harvill Payne Richardson is dismissed as moot. Order entered.
Date: October 9, 2014
Citation: 2012-KA-01654-SCT
Docket Number: 2012-KA-01654-SCT
Justia Opinion Summary: Danielle Hingle was convicted of sale of morphine, and sentenced to fifteen years in the custody of the Mississippi Department of Corrections. On appeal, Hingle argued that admission of the testimony of a crime…
Date: October 9, 2014
Citation: 2013-CA-00701-SCT
Docket Number: 2013-CA-00701-SCT
Justia Opinion Summary: Zachary Polk was indicted on three counts for the sale of methylenedioxymethamphetamine (MDMA), hydrocodone, and alprazolam. Polk entered a plea of guilty as to Count I for the sale of MDMA, and he was sentenced to serve…
Date: October 9, 2014
Citation: 2013-CA-01027-SCT
Docket Number: 2013-CA-01027-SCT
Justia Opinion Summary: Marlon Howell was convicted of capital murder and sentenced to death. On direct appeal, the Mississippi Supreme Court affirmed. Howell then sought post-conviction relief (PCR), claiming he was entitled to a new trial.…
Date: October 9, 2014
Citation: 2013-CA-01177-SCT
Docket Number: 2013-CA-01177-SCT
Justia Opinion Summary: A property dispute between neighbors came before the Supreme Court in this case. The issue centered on the rights of the various parties as to Nicola Road, a road that allows the various property owners access to Highway…
Date: October 9, 2014
Citation: 2013-KA-00435-SCT
Docket Number: 2013-KA-00435-SCT
Justia Opinion Summary: Brandon Q. Gales was convicted of armed robbery and conspiracy to commit armed robbery for the 2011 robbery of a Hyatt Food Mart convenience store. Gales received sentences of life and five years. On appeal, he argued:…
Date: October 2, 2014
Citation: 2011-CA-01664-SCT
Docket Number: 2011-CA-01664-SCT
Justia Opinion Summary: This case stemmed from a family dispute. Eugene Barriffe, and his wife, Ernie, gave money to Ernie’s brother, Lawson Nelson, to start a landfill business in Jackson County. The Barriffes testified that Lawson approached…
Date: October 2, 2014
Citation: 2012-CA-01695-SCT
Docket Number: 2012-CA-01695-SCT
Justia Opinion Summary: In 1972, the Board of Supervisors of Jackson County, Mississippi, approved the final plat for Spring Lake Subdivision. At that time, the only vehicular access to the subdivision was Spring Lake Drive East, which crossed…
Date: October 2, 2014
Citation: 2012-CT-01396-SCT
Petition for writ of certiorari filed by Eric Jerome Boone a/k/a Eric J. Boone is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. King, J., Not Participating. Order entered.
Date: October 2, 2014
Citation: 2013-CA-00369-SCT
Docket Number: 2013-CA-00369-SCT
Justia Opinion Summary: Lacie Smith worked for Express Check Advance of Mississippi, LLC. A condition in her employment papers was that she agreed to submit “any employment-related dispute” to arbitration. Later, in response to her termination,…
Date: October 2, 2014
Citation: 2013-CA-00420-SCT
Joint Motion for Stay of Appeal is granted. The oral argument scheduled for September 24, 2014 shall be cancelled and this matter is stayed for ninety (90) days from the entry of this order, or until December 29, 2014, to allow the parties time to finalize and consummate the compromise resolution of the pending claims. Order entered.
Date: October 2, 2014
Citation: 2013-SA-00299-SCT
Motion for rehearing filed by Appellant is denied.
Date: September 25, 2014
Citation: 2012-CT-01122-SCT
Petition for writ of certiorari filed by Grace West Jennings is denied. To Deny: Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Waller, C.J., and Randolph, P.J. Not Participating: Lamar, J. Order entered.
Date: September 25, 2014
Citation: 2012-CT-01459-SCT
Petition for writ of certiorari filed by Mississippi Baptist Health Systems, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, P.J., Lamar and Coleman, JJ. Order entered.
Date: September 25, 2014
Citation: 2013-CA-00401-SCT
Docket Number: 2013-CA-00401-SCT
Justia Opinion Summary: Kenyatta Cheeks was entering an AutoZone store when he was struck by a vehicle driven by Jason Johnson. The jury returned a verdict for Cheeks in the amount of $2.5 million, finding that AutoZone was forty-five percent…
Date: September 25, 2014
Citation: 2013-CT-00578-SCT
Petition for writ of certiorari filed by Ryan Savinell, pro se, is denied. To Deny: All Justices. Order entered.
Date: September 25, 2014
Citation: 2013-DR-02147-SCT
Before the Court for consideration are Charles Crawford's Motion to Seal Documents, Supplement to Motion to Seal Documents, Motion to Withdraw Motion to Seal Documents and Substitute Attached Amended Motion to Seal Documents, and Motion to Substitute Exhibit, all filed in support of his Petition for Post-Conviction Relief. Mississippi Rule of Appellate Procedure 48A(c), provides that documents filed physically under seal with this Court shall remain sealed unless this Court enters an order to the contrary. Pursuant to MRAP 48A(c), Crawford filed documents with this Court under seal. The Court finds that these documents are medical records concerning Crawford's mental condition. Because Crawford has placed his mental condition in issue, he no longer enjoys a medical privilege as to these documents pursuant to MRE 503(f). The Court therefore orders that the documents on file under seal in this case shall be unsealed. All Justices Agree. Order entered.
Date: September 25, 2014
Citation: 2014-DP-00006-SCT
Motion for Competency Determination filed by the Office of the State Public Defender, Capital Defense Counsel Division, on behalf of Erik Wayne Hollie is denied. Motion for Leave to File Supporting Exhibits Non-Electronically filed by the Office of the State Public Defender, Capital Defense Counsel Division, on behalf of Eric Wayne Hollie is denied. As Hollie has placed his medical condition in issue, the documents on file under seal in this case are hereby unsealed. To Deny: All Justices. Order entered.
Date: September 25, 2014
Citation: 2014-M-00427
Motion to Show Cause for a Continuance for Additional Time to File Appeal Within the Court filed pro se by Petitioner is granted. The notice of appeal is deemed to have been filed. The appeal shall proceed in accordance with M.R.A.P. 10 and 11. Chandler and Coleman, JJ., would deny. Order entered.
Date: September 25, 2014
Citation: 2014-M-00872-SCT
Petition for Interlocutory Appeal filed by Diamondhead Resort, LLC, is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Order entered.
Date: September 25, 2014
Citation: 89-R-99016-SCT
On the Court's own motion, the Court's Finance Director shall, as soon as practicable, transfer $20,000 from the Judicial System Operation Fund (Treasury Fund No. 33066) created under section 9-21-45 of the Mississippi Code to "The Mississippi Supreme Court Advisory Committee on Rules." The check shall be sent to the Committee's Treasurer, Colette Oldmixon, at Post Office Box 393, Poplarville, Mississippi 39470. All Justices Agree. Order entered.</ul><br><hr>
Date: September 18, 2014
Citation: 2010-DR-01072-SCT
Motion for rehearing filed by the State of Mississippi is denied. Randolph, P.J., Chandler and Pierce, JJ., would grant.
Date: September 18, 2014
Citation: 2012-CT-00536-SCT
Docket Number: 2012-CT-00536-SCT
Justia Opinion Summary: While walking through the Imperial Palace Casino’s parking garage in the space between the garage wall and the front of the parking spaces Joseph Jones was injured when he tripped over a concrete parking bumper and fell…
Date: September 18, 2014
Citation: 2012-CT-00718-SCT
Docket Number: 2012-CT-00718-SCT
Justia Opinion Summary: Leslie Shumake, Jr. and Katarina Shumake were granted a divorce in 2009. In the judgment, the chancellor ordered Leslie to pay Katarina $5,750 per month in periodic alimony. Shortly thereafter, Katarina filed a complaint…
Date: September 18, 2014
Citation: 2012-CT-01176-SCT
Petition for writ of certiorari filed by Appellees Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Ray Faja, and Staffmark Investment, LLC, is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Pierce and Coleman, JJ. To Deny: Lamar, Kitchens, Chandler and King, JJ. Order entered.
Date: September 18, 2014
Citation: 2012-CT-01453-SCT
Petition for writ of certiorari filed by John Edward Corser is denied. To Deny: All Justices. Order entered.
Date: September 18, 2014
Citation: 2012-CT-01552-SCT
Petition for writ of certiorari filed by Debra Ludwig is denied. To Deny: All Justices. Order entered.
Date: September 18, 2014
Citation: 2012-KA-01318-SCT
Docket Number: 2012-KA-01318-SCT
Justia Opinion Summary: After a jury trial, Stevenson Ford was convicted of murder, and he was sentenced him to life without the possibility of parole. Ford appealed, arguing he was entitled to a mistrial after an officer testified to hearsay…
Date: September 18, 2014
Citation: 2013-CA-00043-SCT
Motion for Summary Reversal and Remand or in the Alternative to Supplement the Record is dismissed as moot. Order entered.
Date: September 18, 2014
Citation: 2013-KA-00184-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.
Date: September 18, 2014
Citation: 2013-KA-00390-SCT
Docket Number: 2013-KA-00390-SCT
Justia Opinion Summary: James McCoy appealed his convictions and sentences for two counts of armed robbery. McCoy's appellate counsel argues that McCoy's sentences are excessive and the result of vindictiveness, that McCoy was denied a fair…
Date: September 11, 2014
Citation: 2011-CT-00210-SCT
Petition for writ of certiorari filed by Justin James is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: September 11, 2014
Citation: 2011-CT-01413-SCT
Petition for writ of certiorari filed by Melvin Tyrone Thornton is dismissed. M.R.A.P. 17(b). Motion to recall mandate and file petition for writ of certiorari out-of-time filed by Melvin Tyrone Thornton is denied. Order entered.
Date: September 11, 2014
Citation: 2011-CT-01819-SCT
Docket Number: 2011-CT-01819-SCT
Justia Opinion Summary: Dexter Fulton was convicted for receiving stolen property. The Court of Appeals affirmed Fulton’s conviction and sentence on direct appeal. The Supreme Court granted Fulton’s petition for writ of certiorari to determine…
Date: September 11, 2014
Citation: 2012-CA-00125-SCT
Motion to Stay Mandate filed by Appellees is granted. The mandate of this Court is recalled upon entry of this order, and is stayed until final disposition of this matter by the United States Supreme Court. Order entered.
Date: September 11, 2014
Citation: 2012-CT-01232-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Randolph, P.J., Lamar, Kitchen, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., and Dickinson, P.J. Order entered.
Date: September 11, 2014
Citation: 2013-CA-01140-SCT
On the Court's own motion, this matter is dismissed as moot upon entry of this Order, with each party to bear its own costs. Randolph, P.J., not participating. King, J., for the Court. Order entered.
Date: September 11, 2014
Citation: 2013-CT-00470-SCT
The Notice of Appeal in the nature of a petition for writ of certiorari filed by Joseph L. Johnson is dismissed. M.R.A.P. 17(b). Order entered.
Date: September 4, 2014
Citation: 2012-CT-00357-SCT
Maxwell Energy, Inc.'s petition for writ of certiorari is granted. Tellus Operating Group, LLC's motion to dismiss appellee's petition for writ of certiorari is denied. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Dismiss: Pierce and Coleman, JJ. Waller, C.J., Not Participating. Order entered.
Date: September 4, 2014
Citation: 2012-CT-00610-SCT
Docket Number: 2012-CT-00610-SCT
Justia Opinion Summary: This case stemmed from a property-line dispute between neighboring landowners in Lafayette County. Jerry Mize filed suit to confirm title to property described in a recorded corrected warranty deed. Defendants Westbrook…
Date: September 4, 2014
Citation: 2012-CT-01009-SCT
Petition for writ of certiorari filed pro se by Matthew Gibbs is dismissed as untimely. M.R.A.P. 17(b). Order entered.
Date: September 4, 2014
Citation: 2012-CT-01083-SCT
Anita White's petition for writ of certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Lamar, J., Not Participating. Order entered.
Date: September 4, 2014
Citation: 2012-CT-01171-SCT
Petition for writ of certiorari filed by Eric B. Gore a/k/a Eric Bradley Gore is denied. To Deny: All Justices. Order entered.
Date: September 4, 2014
Citation: 2013-CA-01018-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: September 4, 2014
Citation: 2013-CA-01840-SCT
Docket Number: 2013-CA-01840-SCT
Justia Opinion Summary: First National Bank of Clarksdale (FNB) secured a loan of more than $800,000 with a deed of trust on real property in Oxford with the understanding that the bank would become the primary lien holder on the realty. FNB…
Date: September 4, 2014
Citation: 2013-KA-00610-SCT
Docket Number: 2013-KA-00610-SCT
Justia Opinion Summary: Lyndon Myers was charged and convicted on multiple counts of armed robbery stemming from the 2012 robbery of a Madison Dollar Tree store. Myers raised five alleged errors from trial on appeal of his conviction. The…
Date: September 4, 2014
Citation: 2013-KA-01156-SCT
Docket Number: 2013-KA-01156-SCT
Justia Opinion Summary: Daryl Shinn was convicted of armed robbery for the 2011 robbery of Tiya's Market in Columbus. He was sentenced to twenty years in prison. He appealed, arguing that his conviction was contrary to the overwhelming weight…
Date: September 4, 2014
Citation: 2014-IA-00824-SCT
The Petition for Interlocutory Appeal and Stay of Trial Court Proceeding filed by Tianyi Chu Marney is granted. This matter is remanded to the DeSoto County Chancery Court to allow Tianyi Chu Marney to present specific information to the DeSoto County Chancery Court so that it may determine whether any documents or materials should be produced in discovery, what if any privilege exists and what, if any exceptions apply. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The costs of this appeal are taxed equally to the parties. Waller C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., would grant and render. Dickinson, P.J., and Kitchens, J., would grant only. King, J., for the Court. Order entered.
Date: August 28, 2014
Citation: 2010-CT-00380-SCT
Motion for rehearing filed by James R. Forbes is denied. King, J., would deny and modify opinion. Dickinson, P.J., Coleman and Chandler, JJ., would grant. Randolph, P.J., and Pierce, J., not participating.
Date: August 28, 2014
Citation: 2011-CT-01332-SCT
Motion for rehearing filed by Caplin Enterprises, Inc., et al., is denied. Dickinson, P.J., and Coleman, J., would grant.
Date: August 28, 2014
Citation: 2011-CT-01932-SCT
Motion for rehearing filed by Caplin Enterprises, Inc., et al., is denied. Dickinson, P.J., and Coleman, J., would grant.
Date: August 28, 2014
Citation: 2012-CA-02010-SCT
Docket Number: 2012-CA-02010-SCT
Justia Opinion Summary: Bronwyn Benoist Parker and William Benoist were siblings who litigated the will of their father, Billy Dean "B.D." Benoist. In 2010, B.D. executed a will which granted significantly more property to William and…
Date: August 28, 2014
Citation: 2012-CT-00460-SCT
Docket Number: 2012-CT-00460-SCT
Justia Opinion Summary: Based on a citizen’s complaint that "young men . . . young black men . . . are standing out on the sidewalks, corners, selling drugs" on a street corner in Greenville, police proceeded to that area, where they spotted…
Date: August 28, 2014
Citation: 2013-CA-00252-SCT
Docket Number: 2013-CA-00252-SCT
Justia Opinion Summary: Dr. Steven Hayne appealed the trial court’s grant of summary judgment in favor of his former medical malpractice insurer, The Doctors Company and The Doctors Company Insurance Services (collectively, “The Doctors”). The…
Date: August 28, 2014
Citation: 2013-CA-00315-SCT
Docket Number: 2013-CA-00315-SCT
Justia Opinion Summary: Plaintiffs Charles Blackmon and Dexter Booth sued Malaco, Inc.; N.J. Pockets, Inc.; and Callop Hampton (owner of Hamp’s Place Night Club) on a premises-liability claim. Plaintiffs settled with Malaco. At trial, the jury…
Date: August 28, 2014
Citation: 2013-CT-00222-SCT
Petition for writ of certiorari filed by Michael Rogowski is denied. To Deny: All Justices. Order entered.
Date: August 28, 2014
Citation: 2013-CT-00887-SCT
Petition for writ of certiorari filed pro se by Derrick Stokes is denied. To Deny: All Justices. Order entered.
Date: August 28, 2014
Citation: 2014-M-00444-SCT
The Combined Petition and Brief for Interlocutory Appeal by Permission and Petition for Stay of Proceedings Pending Appeal filed by Pascagoula School District is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Waller, C.J., and Pierce, J. Order entered.
Date: August 21, 2014
Citation: 2011-CT-01028-SCT
Docket Numbers: 2011-CT-01028-SCT, 2011-CT-01033-SCT
Justia Opinion Summary: The Supreme Court granted review of this personal-injury negligence action to clarify state law on the doctrine of claim-splitting. After new defendants were identified during discovery on her original complaint,…
Date: August 21, 2014
Citation: 2012-CA-02006-SCT
On the Court's own motion, in the case before us, the record does not contain a petition for permission to appeal an interlocutory order pursuant to Mississippi Rule of Appellate Procedure 5. Further, the record lacks a Mississippi Rule of Civil Procedure 54(b) certification, which certifies that the interlocutory order was a final judgment. Therefore, the judgments from which this consolidated appeal was taken are not final, appealable judgments. Accordingly, this consolidated appeal is dismissed. The costs of this appeal are assessed to the Appellant. Randolph, P.J., not participating. Pierce, J., for the Court. Order entered.
Date: August 21, 2014
Citation: 2012-CT-00030-SCT
Petition for writ of certiorari filed by the Estate of Dane Richard Eubanks is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and King, JJ. To Deny: Kitchens and Coleman, JJ. Not Participating: Pierce, J. Order entered.
Date: August 21, 2014
Citation: 2012-CT-00075-SCT
Docket Number: 2012-CT-00075-SCT
Justia Opinion Summary: In 1987, Joseph Bagley purchased a cancer and dread-disease policy through his friend and insurance agent, Jackie McPhail. The policy was issued by American Heritage Life Insurance Company. McPhail worked as an…
Date: August 21, 2014
Citation: 2012-CT-00705-SCT
Motion for rehearing filed by Joe H. Cotton is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: August 21, 2014
Citation: 2012-CT-00884-SCT
Petition for writ of certiorari filed by A.W.R. and T.J.S. is granted. To Grant: All Justices. Order entered.
Date: August 21, 2014
Citation: 2012-CT-00984-SCT
Petition for writ of certiorari filed by Andre De La Barre is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: August 21, 2014
Citation: 2012-CT-01067-SCT
Petition for writ of certiorari filed by Jerica Evans is denied. To Deny: All Justices. Order entered.
Date: August 21, 2014
Citation: 2012-CT-01228-SCT
Petition for writ of certiorari filed by Richard (Rickey) Palermo and Shelia Palermo is granted. To Grant: Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar and Pierce, JJ. Order entered.
Date: August 21, 2014
Citation: 2012-CT-01802-SCT
Petition for writ of certiorari filed pro se by Robert W. Deyarmett is denied. To Deny: All Justices. Order entered.
Date: August 21, 2014
Citation: 2012-KA-01910-SCT
Docket Number: 2012-KA-01910-SCT
Justia Opinion Summary: In 2011, defendant was pulled over for suspicion of driving under the influence (DUI) after an officer observed him weaving between lanes. He resisted arrest and subsequently was indicted on two counts of assaulting a…
Date: August 21, 2014
Citation: 2013-CA-00736-SCT
Docket Number: 2013-CA-00736-SCT
Justia Opinion Summary: Charlotte Perkins appealed a Circuit Court’s decision to dismiss her appeal claiming the Mississippi Department of Human Services (DHS) wrongly deprived her of receiving food stamps and that such deprivation was the…
Date: August 21, 2014
Citation: 2013-CT-00469-SCT
Ruben Orlando Benitez's pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.
Date: August 21, 2014
Citation: 2013-CT-00515-SCT
Motion for writ of certiorari filed by Anthony Donnell Williams is dismissed. M.R.A.P. 17(b). To Dismiss: Dickinson, P.J., Lamar, Kitchens, Pierce and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Chandler and King, JJ. Order entered.
Date: August 14, 2014
Citation: 2011-CT-01904-SCT
Petition for writ of certiorari filed by Druscilla Thomas a/k/a Druscilla Morey is denied. To Deny: All Justices. Order entered.
Date: August 14, 2014
Citation: 2012-CA-01297-SCT
Docket Number: 2012-CA-01297
Justia Opinion Summary: David Ashmore and his wife Debra sued for injuries they alleged resulted from a motor-vehicle accident with a vehicle driven by an employee of the Mississippi Authority on Educational Television. David sought damages for…
Date: August 14, 2014
Citation: 2012-CP-00027-SCT
Richard Chapman's pro se petition for writ of certiorari is dismissed as untimely. M.R.A.P. 17(b). Order entered.
Date: August 14, 2014
Citation: 2012-CT-00374-SCT
Date: August 14, 2014
Citation: 2012-CT-00736-SCT
Petition for writ of certiorari filed by Eva Anderson is denied. To Deny: All Justices. Order entered.
Date: August 14, 2014
Citation: 2012-CT-01258-SCT
Petition for writ of certiorari filed by Mary Jane Borden is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Chandler, JJ. Order entered.
Date: August 14, 2014
Citation: 2012-CT-01269-SCT
Petition for writ of certiorari filed by Arthur H. Noble, Individually and Noble Real Estate, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.
Date: August 14, 2014
Citation: 2012-CT-01441-SCT
Petition for writ of certiorari filed by Garrett J. Prestenbach, Jr., and Irene E. Prestenbach is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
Date: August 14, 2014
Citation: 2013-CA-01580-SCT
Docket Number: 2013-CA-01580-SCT
Justia Opinion Summary: Paul and Terri Broome purchased a 2010 Chevrolet Equinox from a Chevrolet dealership in April 2010. The vehicle came with a three-year or 36,000 mile warranty. According to the Broomes, the vehicle had various defects…
Date: August 14, 2014
Citation: 2013-KA-00797-SCT
Docket Number: 2013-KA-00797-SCT
Justia Opinion Summary: Hattie Hawkins was a nursing assistant at Heritage House Nursing Center. Deserie Edwards, a resident at Heritage House, suffered injuries while under Hawkins’s care. An investigation revealed that Hawkins had lifted…
Date: August 14, 2014
Citation: 2013-M-01444
Date: August 14, 2014
Citation: 2014-TS-00921-COA
On the Court's own motion, the rules are suspended to allow Michael Duckworth's "Late Notice of Appeal" to proceed. M.R.A.P. 2(c). Disagree: Randolph, P.J., and Coleman, J. Order entered.
Date: August 7, 2014
Citation: 2012-CA-01045-SCT
Appellee's Motion to Strike Appellants' Motion for rehearing is denied. Order entered.
Date: August 7, 2014
Citation: 2012-CP-01767-SCT
Pierce, J. Disposition: Per Curiam Affirmance. Tunica County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ., Concur. Lamar, J., not participating.
Date: August 7, 2014
Citation: 2012-CT-00359-SCT
Petition for writ of certiorari filed by Arthur Wilde, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.
Date: August 7, 2014
Citation: 2012-CT-00644-SCT
Petition for writ of certiorari filed by counsel for John Beasley was granted by order of this Court May 29, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Pierce, J., for the Court. Order entered.
Date: August 7, 2014
Citation: 2012-CT-00763-SCT
Petition for writ of certiorari filed by Fani Atkinson is granted. To Grant: All Justices. Order entered.
Date: August 7, 2014
Citation: 2012-CT-00815-SCT
Docket Number: 2012-CT-00815-SCT
Justia Opinion Summary: Nancy Downey was convicted by a jury of burglary of a dwelling and first-degree and was given two concurrent twelve-year sentences. Following the denial of Downey’s motion for judgment notwithstanding the verdict or for…
Date: August 7, 2014
Citation: 2012-CT-01349-SCT
Petition for writ of certiorari of Appellant, Henry Wallace Stout is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Waller, C.J. Order entered.
Date: August 7, 2014
Citation: 2012-CT-01405-SCT
Petition for writ of certiorari filed by Kenneth Flowers is denied. To Deny: All Justices. Order entered.
Date: August 7, 2014
Citation: 2012-CT-01630-SCT
Petition for writ of certiorari filed by Tarvarcus D. Miller, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: August 7, 2014
Citation: 2012-IA-00575-SCT
Motion for rehearing filed by Appellees is denied. Opinion modified at paragraph 15.
Date: August 7, 2014
Citation: 2013-CA-00361-SCT
Appellee's Motion to Strike Appellants' Motion for rehearing is denied. Order entered.
Date: August 7, 2014
Citation: 2013-CA-00834-SCT
Docket Number: 2013-CA-00834-SCT
Justia Opinion Summary: This case arose from the City of Hattiesburg’s annexation of property in 2007. Pearson’s Fireworks leased land which was part of the annexed property for the purpose of selling fireworks during the Fourth of July and New…
Date: August 7, 2014
Citation: 2013-CA-01234-SCT
Docket Number: 2013-CA-01234-SCT
Justia Opinion Summary: The Mississippi Department of Revenue (MDOR) audited Mississippi Power Company and assessed use taxes attributed to Mississippi Power’s purchase and installation of low-NOx burners. After unsuccessfully pursuing…
Date: August 7, 2014
Citation: 2013-DR-02147-SCT
The State will file a response to Crawford's Motion to Seal Documents, Supplement to Motion to Seal Documents, Motion to Withdraw Motion to Seal Documents and Substitute Attached Amended Motion to Seal Documents, and Motion to Substitute Exhibit within fourteen days. Order entered.
Date: August 7, 2014
Citation: 2013-SA-00299-SCT
Docket Number: 2013-SA-00299-SCT
Justia Opinion Summary: In a case of first impression, the issue this case presented to the Mississippi Supreme Court was whether money a corporation received as prepayment for future services was subject to franchise taxation during the year…
Date: July 31, 2014
Citation: 2011-CT-00903-SCT
Petition for writ of certiorari filed by Daniel Barber, Jr., pro se, is denied. To Deny: All Justices. Order entered.
Date: July 31, 2014
Citation: 2011-DR-00028-SCT
Motion for rehearing filed by Eric Moffett is denied.
Date: July 31, 2014
Citation: 2012-CT-00231-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Dickinson, P.J., Chandler, King and Coleman, JJ. Order entered.
Date: July 31, 2014
Citation: 2012-CT-00418-SCT
Petition for writ of certiorari filed by Jabariakias Cunningham is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: July 31, 2014
Citation: 2012-CT-00760-SCT
Petition for writ of certiorari filed by Donna Lee (Mayes) Proctor is denied. To Deny: All Justices. Order entered.
Date: July 31, 2014
Citation: 2012-CT-00769-SCT
Petition for writ of certiorari filed by Helen Peterson Walker, Owner, and James E. Walker, Jr., as Attorney-in-Fact is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Grant: Randolph, P.J., Pierce and Coleman, JJ. Order entered.
Date: July 31, 2014
Citation: 2012-CT-00939-SCT
Petition for writ of certiorari filed by Thomas Nathan Pickett a/k/a Nathan a/k/a Thomas N. Pickett a/k/a Thomas Pickett is denied. To Deny: All Justices. Order entered.
Date: July 31, 2014
Citation: 2012-CT-01237-SCT
Petition for writ of certiorari to the Mississippi Supreme Court filed on behalf of the Appellant, S.M.K.S., is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.
Date: July 31, 2014
Citation: 2012-CT-01256-SCT
Eddie Joseph Brown's pro se petition for writ of certiorari is denied. To Deny: All Justices. Order entered.
Date: July 31, 2014
Citation: 2012-CT-01280-SCT
Petition for writ of certiorari filed by Craig D. Sallie is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J. Order entered.
Date: July 31, 2014
Citation: 2012-CT-01299-SCT
Motion for writ of certiorari filed by Cedric Williams is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. To Deny: Waller, C.J., Chandler and King, JJ. Order entered.
Date: July 31, 2014
Citation: 2012-CT-01528-SCT
Docket Number: 2012-CT-01528-SCT
Justia Opinion Summary: Mark Matthews was convicted of simple assault and disorderly conduct in Madison County Municipal Court. The decision was affirmed on appeal by the County Court of Madison County and the Madison County Circuit Court. The…
Date: July 31, 2014
Citation: 2012-IA-01876-SCT
Docket Number: 2012-IA-01876-SCT
Justia Opinion Summary: In June 2011, fourteen-year-old Jean-ah Leon was seriously injured while operating a Bad Boy Buggy ( an off-road vehicle used for outdoor recreation). A year later, Jean-ah’s parents, Vincent and Mandi Leon, filed a…
Date: July 31, 2014
Citation: 2013-CA-00815-SCT
Docket Number: 2013-CA-00815-SCT
Justia Opinion Summary: Sam Woodruff owned land in Rankin County. He agreed to sell a part of that land to Rita Thames, his first cousin’s daughter, who was also a neighbor. Woodruff claimed that he agreed to sell Thames one acre from a tract…
Date: July 31, 2014
Citation: 2013-EC-01327-SCT
Docket Number: 2013-EC-01327-SCT
Justia Opinion Summary: Marcus Wallace sought to run as an independent candidate in the June 4, 2013, mayoral election in Edwards, Mississippi. The Edwards Municipal Election Commission declined to place his name on the ballot, questioning the…
Date: July 31, 2014
Citation: 2013-JP-01400-SCT
Docket Number: 2013-JP-01400-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a complaint charging Tate County Youth Court Referee, Drug Court Judge, and Family Master Leigh Ann Darby with judicial misconduct in office and conduct…
Date: July 24, 2014
Citation: 2008-M-01878-SCT
Petition for Post-Conviction Relief filed pro se by Terun Moore is granted. Terun Moore's sentence is vacated and the case is remanded for a new sentencing hearing to be conducted consistent with this Court's opinion in Parker. Order entered.
Date: July 24, 2014
Citation: 2012-CT-00668-SCT
Docket Number: 2012-CT-00668-SCT
Justia Opinion Summary: Alisha Vanwey pled guilty in 2007 to three counts of selling hydrocodone, and the trial court sentenced her as a habitual offender to eleven years on each count, to run concurrently, in the custody of the Mississippi…
Date: July 24, 2014
Citation: 2012-CT-00767-SCT
Petition for writ of certiorari filed pro se by the Appellant was granted by order of the Court on January 22, 2014. Upon further consideration, this Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed. Dickinson, P.J., Kitchens and King, JJ., Not to Dismiss. Pierce, J., for the Court. Order entered.
Date: July 24, 2014
Citation: 2013-CA-00043-SCT
On the Court's own motion, before the en banc Court is Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association, No. 2013-CA-00043-SCT. Also before the Court is Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton, No. 2012-UR-01108-SCT, and Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission, No. 2013-UR-00477-SCT. The Court finds that these matters should be decided and ruled upon simultaneously. Accordingly, Case No. 2013-CA-00043-SCT, shall correspond with the hand down period for Case No. 2012-UR-01108-SCT and Case No. 2013-UR-00477-SCT. Order entered.
Date: July 24, 2014
Citation: 2013-CP-00457-SCT
Docket Number: 2013-CP-00457-SCT
Justia Opinion Summary: Jeffrey Yeatman pled guilty to one count of simple assault on a law-enforcement officer and two counts of third-offense driving under the influence. Each of the three counts had a separate cause number. The Circuit Court…
Date: July 24, 2014
Citation: 2013-CT-00378-SCT
Petition for writ of certiorari filed by Roderick L. Shields is dismissed. M.R.A.P. 17(b). Order entered.
Date: July 17, 2014
Citation: 2011-AN-01039-SCT
Joint Motion for Rule 42 Dismissal is granted. This civil action is dismissed with prejudice, including the following claims: 1.) The appeal taken by the Plaintiff/Appellant, City of Gulfport, Mississippi 2.) The cross-appeal taken by the Defendant/Appellee, City of Biloxi, Mississippi and 3.) The cross-appeal taken by the Defendant/Appellee, the Board of Supervisors of Harrison County, Mississippi. The parties will bear their respective costs, including attorneys' fees. Dickinson, P.J., for the Court. Order entered.
Date: July 17, 2014
Citation: 2012-CA-01085-SCT
Docket Number: 2012-CA-01085-SCT
Justia Opinion Summary: John Ravenstein appealed a 2012 Chancery Court judgment appointing his ex-wife Elisha Ravenstein Hawkins as conservator for the couple’s adult son Ryan. John also appealed the court’s denial of his motions for relief…
Date: July 17, 2014
Citation: 2012-CA-01702-SCT
Motion for rehearing filed by Appellees is denied. Waller, C.J., and Randolph, P.J., not participating.
Date: July 17, 2014
Citation: 2012-CA-01782-SCT
Docket Number: 2012-CA-01782-SCT
Justia Opinion Summary: Plaintiffs Frank Schmidt Sr. and other former parishioners of the St. Paul Catholic Church in Pass Christian appealed the second dismissal with prejudice of their claims against the Catholic Diocese of Biloxi, Inc., Most…
Date: July 17, 2014
Citation: 2012-CT-00421-SCT
Petition for writ of certiorari filed by Clarence Jones a/k/a Clarence Tyrone Jones a/k/a Clarence T. Jones is denied. To Deny: All Justices. Order entered.
Date: July 17, 2014
Citation: 2012-CT-00672-SCT
Petition for writ of certiorari filed by Kimberlye Estes Brown is denied. To Deny: All Justices. Order entered.
Date: July 17, 2014
Citation: 2012-CT-01429-SCT
Petition for writ of certiorari filed by Dolly E. Gray is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J. Order entered.
Date: July 17, 2014
Citation: 2012-CT-01551-SCT
Petition for writ of certiorari filed by counsel on behalf of Antonio Cannon is dismissed. M.R.A.P. 17(b). To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. To Deny: Randolph, P.J. Order entered.
Date: July 17, 2014
Citation: 2012-CT-01683-SCT
Petition for writ of certiorari filed by Damion Deandre Stokes is denied. To Deny: All Justices. Order entered.
Date: July 17, 2014
Citation: 2013-AN-00433-SCT
Docket Number: 2013-AN-00433-SCT
Justia Opinion Summary: Petitioners Catherine Babb, Beth King, and Robert King filed a Petition for Inclusion of certain real property into Oxford, Mississippi, pursuant to Mississippi Code Sections 21-1-45 to 47. The property was scheduled to…
Date: July 17, 2014
Citation: 2013-CA-00171-SCT
Four of the justices of this Court are of the opinion that the judgment of the Hinds County Chancery Court, First Judicial District should be affirmed, and four are of the opinion that it should be reversed. Accordingly as the judgment of the Hinds County Chancery Court, First Judicial District has not been decided to be erroneous by a majority of the justices sitting in this case, we affirm, without opinion, the judgment of the Chancellor. We do not, by affirming without opinion in this particular case, establish a precedent that all cases in this procedural position will be affirmed without opinion. Appellant is taxed with costs of appeal. Agree: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Disagree: Kitchens and King, JJ. Not Participating. Waller, C.J. Chandler, J., for the Court. Order entered.
Date: July 17, 2014
Citation: 2013-IA-00181-SCT
Attorney Michael E. Winfield shall appear before this Court on Thursday, July 24, 2014, at 10:00 a.m. and show cause, if any he can, why he should not be held in contempt for failing to pay timely to the Clerk of this Court the sanctions imposed in the May 2 order. Winfield shall file a response to Vicksburg Healthcare's Motion to Hold Appellee in Contempt and Second Motion to Hold Appellee in Contempt on or before July 14, 2014. Counsel for Vicksburg Healthcare shall appear at the show-cause hearing on Thursday, July 24, 2014, at 10:00 a.m. and present Vicksburg Healthcare's Motion to Hold Appellee in Contempt and Second Motion to Hold Appellee in Contempt. Winfield is hereby given notice that a finding of contempt could result in one or more of the following: (1) having the Appellee's Brief struck (2) entry of a judgment in favor of Vicksburg Healthcare (3) an order that he pay the entire $2,586 in attorney's fees incurred by Vicksburg Healthcare (4) suspension or disbarment or (5) incarceration until Winfield purges himself of contempt. A copy of this order shall be forwarded to Winfield's client, Clara Dees, at the mailing address provided by Winfield to the Clerk of this Court. Order entered.
Date: July 17, 2014
Citation: 2013-IA-00851-SCT
Docket Number: 2013-IA-00851-SCT
Justia Opinion Summary: Carl Brady fell and injured himself while roller skating at Extreme Skate Zone in 2009. Extreme Skate Zone was a nonentity owned by Lewis Entertainment, Inc. at the time of Carl’s fall. As a result of the fall, the…
Date: July 17, 2014
Citation: 2013-KA-00184-SCT
Docket Number: 2013-KA-00184-SCT
Justia Opinion Summary: Frank Gideon Whitaker IV and Cynthia Ann Grantham were involved in a car accident. The Circuit Court found Whitaker guilty of aggravated driving under the influence pursuant to Mississippi Code Section 63-11-30(5),…
Date: July 17, 2014
Citation: 2013-KA-00226-SCT
Docket Number: 2013-KA-00226-SCT
Justia Opinion Summary: Edward Myers appealed his conviction for the armed robbery of Gabriel Lewis. Upon review of the trial court record, the Mississippi Supreme Court found that the trial court abused its discretion in excluding the…
Date: July 17, 2014
Citation: 2013-KA-00301-SCT
Motion for rehearing filed by Appellant is denied.
Date: July 17, 2014
Citation: 2013-M-02037-SCT
Petition for Permission to File Interlocutory Appeal is granted. The Notice of Appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed in accordance with M.R.A.P. 10 and 11. To Deny: Dickinson, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.
Date: July 17, 2014
Citation: 2013-M-02038-SCT
Petition for Permission to File Interlocutory Appeal is granted. The Notice of Appeal is deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed in accordance with M.R.A.P. 10 and 11. To Deny: Dickinson, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.
Date: July 17, 2014
Citation: 89-R-99011-SCT
Date: June 26, 2014
Citation: 2011-CT-01070-SCT
Petition for writ of certiorari filed by counsel for Thomas Earl Ellis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: June 26, 2014
Citation: 2011-CT-01552-SCT
Motion for rehearing filed by Appellees is denied.
Date: June 26, 2014
Citation: 2012-CA-01260-SCT
Motion to Strike Exhibits is granted and the exhibits are hereby struck from Lee's Motion for Rehearing. Order entered.
Date: June 26, 2014
Citation: 2012-CT-00652-SCT
Petition for writ of certiorari filed by Randal Scott Blythe was granted by order of this Court on April 14, 2014. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed without prejudice. Kitchens and King, JJ., disagree. Coleman, J., for the Court. Order entered.
Date: June 26, 2014
Citation: 2012-CT-00659-SCT
Petition for writ of certiorari filed by counsel for the Appellant was granted by order of the Court on February 6, 2014. Upon further consideration, the Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed. Disagree: Kitchens and King, JJ. Dickinson, P.J., for the Court. Order entered.
Date: June 26, 2014
Citation: 2012-CT-00718-SCT
Petition for writ of certiorari filed by Katarina Sitton Shumake is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.
Date: June 26, 2014
Citation: 2012-DP-00208-SCT
Docket Number: 2012-DP-00208-SCT
Justia Opinion Summary: Caleb Corrothers was convicted of two counts of capital murder, with the underlying felony of robbery, for the murders of Frank Clark and Taylor Clark. He was convicted on a third count of aggravated assault for the…
Date: June 26, 2014
Citation: 2012-KA-01158-SCT
Docket Number: 2012-KA-01158-SCT
Justia Opinion Summary: Because Rudy Quilon was homeless following his release from prison, defendant Harvill Richardson permitted Quilon to move into his home while he got back on his feet. Over the next five months, Quilon "became…
Date: June 26, 2014
Citation: 2013-CA-00315-SCT
Docket Number: 2013-CA-00315-SCT
Justia Opinion Summary: Charles Blackmon and Dexter Booth sued Malaco, Inc.; N.J. Pockets, Inc.; and Callop Hampton (owner of Hamp’s Place Night Club) on a premises-liability claim. Plaintiffs settled with Malaco. At trial, the jury returned a…
Date: June 26, 2014
Citation: 2013-CA-01018-SCT
Docket Number: 2013-CA-01018-SCT
Justia Opinion Summary: Carey Witten was convicted in Sacramento County, California, of oral copulation and rape of a person “. . . unconscious of the nature of the act . . .” in violation of the California Penal Code. Witten was granted five…
Date: June 26, 2014
Citation: 2013-CT-00328-SCT
Petition for writ of certiorari filed by counsel for Tracy D. Lott and Jennifer Avara-Lott is denied. To Deny: All Justices. Order entered.
Date: June 19, 2014
Citation: 2011-CT-00271-SCT
Docket Number: 2011-CT-00271-SCT
Justia Opinion Summary: While driving one day in 2005, Kathryn Loyacono observed Watacha Shelby backing her car toward Loyacono on the same road. Loyacono brought her vehicle to a stop, but Shelby backed into the front of her vehicle. Following…
Date: June 19, 2014
Citation: 2012-CT-00705-SCT
Docket Number: 2012-CT-00705-SCT
Justia Opinion Summary: Defendant Joe Cotton was convicted of murder for the shooting death of Fannie Lee Burks. He appealed his conviction, challenging the sufficiency and the weight of the evidence. Finding no error, the Mississippi Supreme…
Date: June 19, 2014
Citation: 2012-CT-01553-SCT
Petition for writ of certiorari filed by Carl Richard Cook is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: June 19, 2014
Citation: 2013-IA-02077-SCT
Petition for Permission to Appeal filed by Petitioners is granted. Motion for Expedited Proceedings filed by Petitioners is granted. Supplement to Petition for Permission to Appeal filed by Petitioners is granted. This matter is remanded to the Harrison County Chancery Court, Second Judicial District, for entry of an order granting Petitioners' Motion to Transfer to Circuit Court in cause no. 24CH2:13-cv-00443. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent is taxed with all costs of this appeal. Waller, C.J., would deny. King, J., for the Court. Order entered.
Date: June 12, 2014
Citation: 2010-CA-00598-SCT
Motion for rehearing filed by Mississippi State Oil and Gas Board is denied. Dickinson, P.J., and Chandler, J., would grant.
Date: June 12, 2014
Citation: 2010-CT-01780-SCT
On the Court's own motion, the parties are required to file, simultaneously, their supplemental briefs addressing the question stated above, which shall not exceed twenty five (25) pages, within thirty (30) days of the entry of this order. Professor Phillip Broadhead and the Criminal Appeals Clinic of the University of Mississippi is invited to file a brief as a friend of the Court addressing the question raised within the time frame set for the parties. Order entered.
Date: June 12, 2014
Citation: 2010-DR-01072-SCT
Docket Number: 2010-DR-01072-SCT
Justia Opinion Summary: Roger Gillett was convicted of two counts of capital murder for which he was sentenced to death. Gillett petitioned for post-conviction relief, raising six issues for the Supreme Court's review: (1) the underlying…
Date: June 12, 2014
Citation: 2012-CA-01070-SCT
Motion for rehearing filed by Mississippi State Oil and Gas Board is denied. Dickinson, P.J., and Chandler, J., would grant.
Date: June 12, 2014
Citation: 2012-CT-00021-SCT
Petition for writ of certiorari filed by Nell Cornelius is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.
Date: June 12, 2014
Citation: 2012-CT-00075-SCT
Petition for writ of certiorari filed by Jackie McPhail is granted. Petition for writ of certiorari filed by American Heritage Life Insurance Company is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ. Order entered.
Date: June 12, 2014
Citation: 2012-CT-00311-SCT
Petition for writ of certiorari filed by April Garner is denied. To Deny: All Justices. Order entered.
Date: June 12, 2014
Citation: 2012-CT-00516-SCT
Petition for writ of certiorari filed by James Cody Perry is denied. To Deny: All Justices. Order entered.
Date: June 12, 2014
Citation: 2012-CT-01008-SCT
Petition for writ of certiorari filed by Andrew Conwill is denied. To Deny: All Justices. Order entered.
Date: June 12, 2014
Citation: 2012-CT-01647-SCT
Petition for writ of certiorari filed by Darby Lee Carson is denied. To Deny: All Justices. Order entered.
Date: June 12, 2014
Citation: 2012-CT-01914-SCT
Petition for writ of certiorari filed by Glen Conley is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: June 12, 2014
Citation: 2012-CT-01972-SCT
Motion for writ of certiorari filed pro se by Milford Ivey is dismissed. M.R.A.P. 17(b). Order entered.
Date: June 12, 2014
Citation: 2014-DR-00230-SCT
The State of Mississippi's Motion to Have the Court Write a Reasoned Opinion Stating the Reasons for the Reversal of This Conviction for Capital Murder and Sentence of Death is denied. Order entered.
Date: June 5, 2014
Citation: 2006-CA-00185-SCT
Motion for rehearing filed by Custom Sign Company is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant.
Date: June 5, 2014
Citation: 2007-CA-00322-SCT
Motion for rehearing filed by Custom Sign Company is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant.
Date: June 5, 2014
Citation: 2010-DP-00425-SCT
Motion for rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
Date: June 5, 2014
Citation: 2011-CA-00120-SCT
Motion for rehearing filed by Custom Sign Company is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant.
Date: June 5, 2014
Citation: 2011-CT-00787-SCT
Docket Number: 2011-CT-00787-SCT
Justia Opinion Summary: After observing LaMarcus Butler turn off the lights of his vehicle and make a u-turn in an apparent effort to avoid a police roadblock, police pursued Butler, at varying speeds, until a superior officer instructed him by…
Date: June 5, 2014
Citation: 2011-CT-00896-SCT
Motion for rehearing or clarification filed by Direct General Insurance Company of Mississippi is denied. Randolph, P.J., and Coleman, J., would grant. Waller, C.J., not participating.
Date: June 5, 2014
Citation: 2012-CA-01380-SCT
Docket Number: 2012-CA-01380-SCT
Justia Opinion Summary: After receiving a diagnosis of mesothelioma, Russell Nix filed suit against Union Carbide based on his exposure to its asbestos products. A jury returned a verdict for Nix on his inadequate warning claim, awarded Nix…
Date: June 5, 2014
Citation: 2012-CP-01919-SCT
Motion for rehearing filed pro se by David Lee Rice is denied.
Date: June 5, 2014
Citation: 2012-CT-00345-SCT
Petition for writ of certiorari filed by Braddock Law Firm, PLLC is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.
Date: June 5, 2014
Citation: 2012-CT-00427-SCT
Docket Number: 2012-CT-00427-SCT
Justia Opinion Summary: Timothy Pryer sought from the circuit court: “the Order givin[g] Carol Gates the Office of Judge de facto or pro tempore and the order givin[g] Carol Gates authority to appoint indigent counsel for December 2, 2004…
Date: June 5, 2014
Citation: 2012-CT-00502-SCT
Motion for rehearing filed by Appellees is denied. Randolph, P.J., Pierce and Coleman, JJ., would grant.
Date: June 5, 2014
Citation: 2012-CT-00574-SCT
Petition for writ of certiorari filed pro se by Rubin Weeks is denied. To Deny: All Justices. Order entered.
Date: June 5, 2014
Citation: 2012-CT-00644-SCT
Petition for writ of certiorari filed by John Beasley is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ. Order entered.
Date: June 5, 2014
Citation: 2012-CT-00843-SCT
Petition for writ of certiorari filed by Darius Cornelius Ford and Motion to Exceed Page Limitation for Petition for Writ of Certiorari are denied. To Deny: All Justices. Order entered.
Date: June 5, 2014
Citation: 2012-CT-02035-SCT
Petition for writ of certiorari filed pro se by Carl E. Sanders is dismissed. This matter is remanded to the Court of Appeals for consideration of Sanders's pending motions. Order entered.
Date: June 5, 2014
Citation: 2014-DR-00230-SCT
Motion to Withdraw Prior Filing and Substitute with Attached Motion is granted. The State's Motion to Have the Court Write a Reasoned Opinion Stating the Reasons for the Reversal of This Conviction for Capital Murder and Sentence of Death as filed on April 1, 2014 is withdrawn. The State's Motion to Withdraw Prior Filing and Substitute with Attached Motion as filed on April 2, 2014, as exhibit is substituted as the State's motion which is pending before the Court. Order entered.
Date: June 5, 2014
Citation: 2014-M-00591
Motion for Recusal filed by Scott Tanner is denied. To Deny: All Justices. Order entered.
Date: May 29, 2014
Citation: 2011-CT-01536-SCT
Petition for writ of certiorari filed by the Appellant was granted by order of this Court on April 3, 2014. After due consideration of the briefs before the Court of Appeals, the Court of Appeals opinion, the petition for certiorari, supplemental briefs, a thorough reading of the entire record, and oral arguments, the Court now finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Waller, C.J., for the Court. Order entered.
Date: May 29, 2014
Citation: 2012-CA-01457-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: May 29, 2014
Citation: 2012-CT-00310-SCT
Petition for writ of certiorari filed by Sam Webster Wallace is denied. To Deny: All Justices. Order entered.
Date: May 29, 2014
Citation: 2012-CT-00663-SCT
Petition for writ of certiorari filed by Cheri W. Heflin is granted. To Grant: Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
Date: May 29, 2014
Citation: 2012-CT-01969-SCT
Petition for writ of certiorari filed by Cappaert Manufactured Housing, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.
Date: May 22, 2014
Citation: 2010-CT-00380-SCT
Docket Number: 2010-CT-00380-SCT
Justia Opinion Summary: James Forbes settled a personal-injury action while he was represented by Louis St. Martin. Forbes later sued St. Martin, challenging the validity of his contingency-fee arrangement and the associated attorneys’ fees.…
Date: May 22, 2014
Citation: 2012-CT-00460-SCT
Petition for writ of certiorari filed by Tazarius Cooper is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: May 22, 2014
Citation: 2012-CT-00485-SCT
Petition for writ of certiorari filed pro se by Travis White is dismissed. M.R.A.P. 17(b). Order entered.
Date: May 22, 2014
Citation: 2012-CT-00640-SCT
Docket Number: 2012-CT-00640-SCT
Justia Opinion Summary: LeDarius Bonds was convicted by jury of murder and sentenced to life in prison. Bonds appealed his conviction, arguing that the trial court erred in admitting "Exhibit 39," a gruesome photograph that he contended was…
Date: May 22, 2014
Citation: 2012-CT-01195-SCT
Petition for writ of certiorari filed pro se by William C. Jackson is denied. To Deny: All Justices. Order entered.
Date: May 22, 2014
Citation: 2012-IA-01661-SCT
Docket Number: 2012-IA-01661-SCT
Justia Opinion Summary: Rickesha Larry filed suit against Hospital M.D., LLC, and Hospital M.D. of Yazoo City, Inc. (collectively Hospital M.D.) in a medical-malpractice action. Hospital M.D. moved for summary judgment, arguing Larry had failed…
Date: May 22, 2014
Citation: 2012-KA-01573-SCT
Motion for rehearing filed by Robert Sherman is denied. Dickinson, P.J., Chandler and King, JJ., would grant.
Date: May 22, 2014
Citation: 2013-IA-01784-SCT
Motion for rehearing filed by Walter Thomas Johnson is denied. Dickinson, P.J., would grant.
Date: May 15, 2014
Citation: 2011-CT-00306-SCT
Motion for rehearing filed by Rosemary Finch is denied. Waller, C.J., Dickinson, P.J., King and Coleman, JJ., would grant.
Date: May 15, 2014
Citation: 2011-CT-00941-SCT
Docket Number: 2011-CT-00941-SCT
Justia Opinion Summary: A jury found Daryl Conner guilty of burglary and felony fleeing a police officer, and the Circuit Court sentenced him as a habitual offender to two consecutive life sentences. Conner appealed to the Court of Appeals,…
Date: May 15, 2014
Citation: 2011-CT-01311-SCT
Docket Number: 2011-CT-01311-SCT
Justia Opinion Summary: Tom and Consandra Christmas own property neighboring an alligator-infested, waste disposal site owned by Exxon. They sued Exxon, claiming the alligator infestation was a nuisance. The circuit court granted summary…
Date: May 15, 2014
Citation: 2011-CT-01819-SCT
Petition for writ of certiorari filed by Dexter Fulton is granted. To grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.
Date: May 15, 2014
Citation: 2011-CT-01865-SCT
Docket Number: 2011-CT-01865-SCT
Justia Opinion Summary: Roy and Mitzi Conn sued their neighbor Joel Misita, who had placed a structure on his land. The Conns sought to enforce a warranty deed restriction placed by their predecessors in title that prohibited Misita from…
Date: May 15, 2014
Citation: 2012-CA-01045-SCT
Docket Numbers: 2012-CA-01045-SCT, 2013-CA-00361-SCT
Justia Opinion Summary: This case arose out of a fee dispute between associated attorneys arising out of mass-tort cases in Copiah County between 2005 and 2010. The first appeal arose out of a joint-venture agreement between Don Mitchell and…
Date: May 15, 2014
Citation: 2012-CA-01772-SCT
Docket Number: 2012-CA-01772-SCT
Justia Opinion Summary: Andrea Gaiennie and Michael McMillin entered a divorce decree on the ground of irreconcilable differences. In conjunction with the divorce decree, the parties entered into a property-settlement agreement. At issue before…
Date: May 15, 2014
Citation: 2012-CT-00159-SCT
Petition for writ of certiorari filed by Donald Keith Smith is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: May 15, 2014
Citation: 2012-CT-00286-SCT
Petition for writ of certiorari filed by Weldon Leagea is denied. To Deny: All Justices. Order entered.
Date: May 15, 2014
Citation: 2012-CT-00698-SCT
Petition for writ of certiorari filed by Woodland Village Nursing Center, LLC is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.
Date: May 15, 2014
Citation: 2012-CT-00926-SCT
Petition for writ of certiorari filed by Donald Keith Smith is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: May 15, 2014
Citation: 2013-CA-00361-SCT
Appellees' Motion to Dismiss Appeal is denied. Order entered.
Date: May 15, 2014
Citation: 2013-CT-00086-SCT
Petition for writ of certiorari filed pro se by Raymond J. Greer is denied. To Deny: All Justices. Order entered.
Date: May 15, 2014
Citation: 89-R-99039
On the Court's own motion, finding that certain appointments expired on December 31, 2013, the en banc Court now makes the following appointment to the State Drug Courts Advisory Committee as set out in the Order. The Clerk of this Court is directed to forthwith forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered.</ul><br><hr>
Date: May 8, 2014
Citation: 2009-CT-01223-SCT
Petition for writ of certiorari filed by Rea's Country Lane Construction, Inc., is denied. To Deny: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Waller, C.J. Order entered.
Date: May 8, 2014
Citation: 2011-CT-01332-SCT
Docket Numbers: 2011-CT-01332-SCT, 2011-CT-01932-SCT
Justia Opinion Summary: In consolidated cases, thirty-two plaintiffs who signed delayed-deposit check agreements with Zippy Check Advance agreed that Zippy Check could pursue judicial remedies against them to collect the debt, while any and all…
Date: May 8, 2014
Citation: 2012-CA-00125-SCT
Motion for rehearing filed by Mid-South Institute of Self Defense Shooting, Inc., is denied. Lamar and Coleman, JJ., would grant.
Date: May 8, 2014
Citation: 2012-CT-00457-SCT
Petition for writ of certiorari filed by Elizabeth Dunnam is denied. To Deny: All Justices. Order entered.
Date: May 8, 2014
Citation: 2012-CT-00610-SCT
Petition for writ of certiorari filed by Jerry P. Mize is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens and Coleman, JJ. Order entered.
Date: May 8, 2014
Citation: 2012-CT-00758-SCT
Petition for writ of certiorari filed by counsel for Neshoba County School District is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Grant: Waller, C.J., Lamar and Pierce, JJ. Order entered.
Date: May 8, 2014
Citation: 2012-CT-01004-SCT
Petition for writ of certiorari filed pro se by Thomas Holder is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Order entered.
Date: May 8, 2014
Citation: 2012-CT-01685-SCT
Petition for writ of certiorari filed by Paul Hernandez is denied. To Deny: All Justices. Order entered.
Date: May 8, 2014
Citation: 2012-KA-01464-SCT
Motion for rehearing filed by Troy Chaupette is denied. Chandler, J., would grant.
Date: May 8, 2014
Citation: 2012-KA-01496-SCT
Motion for rehearing filed by Ricky Franklin is denied. Kitchens and King, JJ., would grant.
Date: May 8, 2014
Citation: 2013-CT-00116-SCT
Petition for writ of certiorari filed by Bruce Chambers is denied. To Deny: All Justices. Order entered.
Date: May 1, 2014
Citation: 2012-CT-00536-SCT
Petition for writ of certiorari filed by Imperial Palace of Mississippi, LLC, is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Pierce, JJ. To Deny: Randolph, P.J., Kitchens, Chandler, King and Coleman, JJ. Order entered.
Date: May 1, 2014
Citation: 2012-CT-00619-SCT
Petition for writ of certiorari filed by counsel for Stacy Oliver Hester and Joseph Lynn Wright was granted by order of this Court on February 20, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Pierce, J., for the Court. Order entered.
Date: May 1, 2014
Citation: 2012-CT-00968-SCT
Petition for writ of certiorari filed by Alvin Barksdale is denied. To Deny: All Justices. Order entered.
Date: May 1, 2014
Citation: 2012-KA-01708-SCT
Docket Number: 2012-KA-01708-SCT
Justia Opinion Summary: Sixteen-year-old Bernard Taylor fired multiple shots into a car containing five people, wounding three of them. He was charged with three counts of aggravated assault, with each count alleging a firearms enhancement. The…
Date: May 1, 2014
Citation: 2012-KA-01970-SCT
Docket Number: 2012-KA-01970-SCT
Justia Opinion Summary: Brad Hardy appealed his conviction of two counts of manslaughter by culpable negligence and one count of aggravated boating under the influence of alcohol resulting from a boating collision. He was sentenced to…
Date: May 1, 2014
Citation: 2013-JP-01400-SCT
On the Court's own motion, after due consideration, the Court finds that supplemental briefing is required to address the following issue: Under what authority may this Court prohibit a removed judge from holding judicial office in the future? The parties shall file supplemental briefs addressing this issue no later than Friday, May 23, 2014, at 5:00 p.m. Each supplemental brief is not to exceed 25 pages in length. Lamar, J., not participating. Order entered.
Date: May 1, 2014
Citation: 2013-KA-00301-SCT
Docket Number: 2013-KA-00301
Justia Opinion Summary: Gregory Hopkins was convicted as a habitual offender of possession of cocaine with intent to distribute. On appeal he challenged the sufficiency and the weight of the evidence as well as the admission of evidence of his…
Date: May 1, 2014
Citation: 2013-KA-00495-SCT
Docket Number: 2013-KA-00495-SCT
Justia Opinion Summary: A jury convicted Ryan Abeyta of the murder of his mother, for which he was sentenced to life in the custody of the Mississippi Department of Corrections. Abeyta appealed, arguing that he was entitled to a jury…
Date: May 1, 2014
Citation: 2014-M-00126-SCT
The Service Companies, Inc. d/b/a FSS's Petition for Interlocutory Appeal is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.
Date: April 24, 2014
Citation: 2011-CT-01490-SCT
Petition for writ of certiorari filed by Ronald K. Jefcoat is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson and Randolph, P.JJ., and Coleman, J. Order entered.
Date: April 24, 2014
Citation: 2011-DR-00028-SCT
Docket Number: 2011-DR-00028-SCT
Justia Opinion Summary: Eric Moffett was convicted of capital murder and sentenced to death by a jury. Moffett was convicted of a savage sexual assault on a five-year-old girl, resulting in her death. Moffett’s conviction and sentence were…
Date: April 24, 2014
Citation: 2011-KA-01809-SCT
Docket Number: 2011-KA-01809-SCT
Justia Opinion Summary: A jury convicted Charles Ervin (a convicted felon) of armed robbery and as a felon in possession of a handgun following the armed robbery of the Healthy Body Store. Police were able to identify Ervin as a suspect after…
Date: April 24, 2014
Citation: 2012-CA-01087-SCT
Randolph, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.
Date: April 24, 2014
Citation: 2012-CA-01503-SCT
Docket Number: 2012-CA-01503-SCT
Justia Opinion Summary: Carla Darnell and William Duff Darnell (“Duff”) were married in 2004 and divorced in 2012. The couple had one child, a son, C.D., in 2006. While the divorce was pending, C.D. exhibited behaviors which may have suggested…
Date: April 24, 2014
Citation: 2012-CT-00061-SCT
Petition for writ of certiorari filed by Paul W. Frazier is denied. To Deny: All Justices. Order entered.
Date: April 24, 2014
Citation: 2012-CT-00896-SCT
Petition for writ of certiorari filed by Paul W. Frazier is denied. To Deny: All Justices. Order entered.
Date: April 24, 2014
Citation: 2012-UR-01108-SCT
On the Court's own motion, several members of the Court have requested supplemental briefing that they believe would be helpful in assisting the Court to resolve this case. The parties are therefore ordered to brief the following issues as set out in the order. The briefs shall not exceed sixty pages, and shall be filed with this Court and served on all other parties no later than thirty days from the date of this order. Because Blanton challenges the constitutionality of a statute, the Attorney General is invited to brief the issues. Should the Attorney General wish to brief these issue, the Court shall, upon request, grant the Attorney General an additional twenty days to review the record and briefs already on file in this case. All Justices Agree. Order entered.
Date: April 24, 2014
Citation: 2013-CA-00414-SCT
Docket Number: 2013-CA-00414-SCT
Justia Opinion Summary: Plaintiffs filed a wrongful death suit against Illinois Central for the death of their father. The case was dismissed because the three-year statute of limitations had run. Plaintiffs appealed, claiming that the statute…
Date: April 17, 2014
Citation: 2011-CT-00444-SCT
Motion for rehearing filed by Gregory Nunez, M.D., is denied. Lamar, J., would grant. Coleman, J., would deny and modify opinion. Randolph, P.J., not participating.
Date: April 17, 2014
Citation: 2011-CT-00964-SCT
Motion for rehearing filed by Penny Mathis Holliday is denied.
Date: April 17, 2014
Citation: 2011-CT-01552-SCT
Docket Number: 2011-CT-01552-SCT
Justia Opinion Summary: Levon Flowers made a workers' compensation claim against his former employer Crown Cork & Seal USA. The Supreme Court granted Crown’s petition for certiorari to review the compensability of a foot injury Flowers…
Date: April 17, 2014
Citation: 2012-CA-01702-SCT
Docket Number: 2012-CA-01702-SCT
Justia Opinion Summary: Robert Reeves, an employee of Illinois Central Railroad, sued Mississippi Valley Silica, Inc. for lung injuries that allegedly were caused by his inhalation of silica while employed with Illinois Central. The case was…
Date: April 17, 2014
Citation: 2012-CT-00218-SCT
Docket Number: 2012-CT-00218-SCT
Justia Opinion Summary: Scott Smith was convicted of capital murder for the death of seventeen-month-old child and sentenced to life without the possibility of parole. Smith appealed his conviction to the Court of Appeals, arguing that the…
Date: April 17, 2014
Citation: 2012-CT-00417-SCT
Justia Opinion Summary: Charles Ferguson rode as a back-seat passenger with Lazeric Yarbrough and Oratio Robinson, unaware of Yarbrough’s and Robinson’s intent to purchase marijuana once the car arrived in West Point. On their return to…
Date: April 17, 2014
Citation: 2012-CT-00652-SCT
Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe's petition for writ of certiorari is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ. Order entered.
Date: April 17, 2014
Citation: 2012-CT-00694-SCT
Petition for writ of certiorari filed pro se by Willie Marshall is denied. To Deny: All Justices. Order entered.
Date: April 17, 2014
Citation: 2013-KA-00164-SCT
Docket Number: 2013-KA-00164-SCT
Justia Opinion Summary: Derrick Henley appealed his conviction by jury of possession of burglary tools. Upon review, the Supreme Court found that the State failed to present sufficient evidence that the tools were intended to be used in aiding…
Date: April 17, 2014
Citation: 2013-M-00937
Freddie Webber, Jr.'s pro se motion for post-conviction collateral relief is granted. Webber's sentence in Lowndes County Circuit Court cause number 2010-0280-CR1 is vacated, and this matter is remanded to the Lowndes County Circuit Court for his re-sentencing as a non-habitual offender. All other claims raised by Webber are denied. Freddie Webber, Jr.'s request to proceed in forma pauperis is granted. Freddie Webber, Jr.'s request for the appointment of counsel is granted for the purposes of his being represented by legal counsel during the re-sentencing process. Randolph, P.J., concurs in result only. Lamar, J., disagrees. Order entered.
Date: April 17, 2014
Citation: 89-R-99015-SCT
Hinds County Court Judge Melvin V. Priester, Sr.'s Procedure for Pretrial Matters, Trial, & Mediation is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Date: April 10, 2014
Citation: 2011-CT-01591-SCT
Docket Number: 2011-CT-01591-SCT
Justia Opinion Summary: Robert Reith was convicted by jury for the murder of his ex-wife and sentenced to life. He appealed, but his conviction and sentence was affirmed by the Court of Appeals. On appeal to the Supreme Court, Reith argued the…
Date: April 10, 2014
Citation: 2012-CA-00880-SCT
Motion for rehearing filed by Sherwin-Williams Company is denied.
Date: April 10, 2014
Citation: 2012-CA-00880-SCT
Motion for rehearing filed by Sherwin-Williams Company is denied.
Date: April 10, 2014
Citation: 2012-CA-01329-SCT
Motion for rehearing filed by Edward Cox is denied. Chandler, J., not participating.
Date: April 10, 2014
Citation: 2012-CA-01329-SCT
Motion for rehearing filed by Edward Cox is denied. Chandler, J., not participating.
Date: April 10, 2014
Citation: 2012-CA-01576-SCT
Docket Number: 2012-CA-01576-SCT
Justia Opinion Summary: Michael Huseth (Mike) appealed a Chancery Court judgment which granted his wife Tavia Huseth an award of separate maintenance, full physical custody of their son, and attorney fees. Tavia requested attorney fees on…
Date: April 10, 2014
Citation: 2012-CA-01850-SCT
Motion for rehearing filed by Ralph Arnold Smith, Jr., is denied. Opinion modified at paragraphs 14 and 16. Coleman, J., not participating.
Date: April 10, 2014
Citation: 2012-CA-01850-SCT
Motion for rehearing filed by Ralph Arnold Smith, Jr., is denied. Opinion modified at paragraphs 14 and 16. Coleman, J., not participating.
Date: April 10, 2014
Citation: 2012-CT-00339-SCT
Petition for writ of certiorari filed by Rod Cooke Construction Company, Inc., is denied. To Deny: All Justices. Order entered.
Date: April 10, 2014
Citation: 2012-CT-00339-SCT
Petition for writ of certiorari filed by Rod Cooke Construction Company, Inc., is denied. To Deny: All Justices. Order entered.
Date: April 10, 2014
Citation: 2012-CT-00389-SCT
Perry Jackson's petition for writ of certiorari is denied. To Deny: All Justices. Order entered.
Date: April 10, 2014
Citation: 2012-CT-00389-SCT
Perry Jackson's petition for writ of certiorari is denied. To Deny: All Justices. Order entered.
Date: April 10, 2014
Citation: 2012-CT-00868-SCT
Petition for writ of certiorari filed by Joshua Buckner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Order entered.
Date: April 10, 2014
Citation: 2012-CT-00868-SCT
Petition for writ of certiorari filed by Joshua Buckner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Order entered.
Date: April 10, 2014
Citation: 2012-KA-00724-SCT
Motion for rehearing filed by the State of Mississippi is denied. Coleman, J., would grant.
Date: April 10, 2014
Citation: 2012-KA-00724-SCT
Motion for rehearing filed by the State of Mississippi is denied. Coleman, J., would grant.
Date: April 10, 2014
Citation: 2013-CC-00165-SCT
Docket Number: 2013-CC-00165-SCT
Justia Opinion Summary: Lawrence Elliott owned and operated the Black Creek Water and Wastewater systems in Forrest County from the 1990s until 2005. The systems are a few miles upstream of an area of Black Creek that is designated as a…
Date: April 10, 2014
Citation: 2013-CC-00682-SCT
Docket Number: 2013-CC-00682-SCT
Justia Opinion Summary: Mississippi Power Company filed documents asserting confidentiality with the Mississippi Public Service Commission related to a certificate-of-public-convenience-and-necessity proceeding in January 2009. In July 2012,…
Date: April 10, 2014
Citation: 2013-CP-01028-SCT
Docket Number: 2013-CP-01028-SCT
Justia Opinion Summary: The residence of Brent and Amy Hubbard secured a note and deed of trust held by Trustmark National Bank. Additionally, the Hubbards obtained a second loan, which was secured by a note and second deed of trust held by…
Date: April 10, 2014
Citation: 2013-KA-00114-SCT
Motion for rehearing filed by James Ferguson is denied.
Date: April 10, 2014
Citation: 2013-KA-00114-SCT
Motion for rehearing filed by James Ferguson is denied.
Date: April 3, 2014
Citation: 2001-DP-00529-SCT
The State's Motion to Reset Execution Date is denied. Order entered.
Date: April 3, 2014
Citation: 2007-CT-01376-SCT
Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb's "Notice of Appeal," which is in the nature of a petition for a writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.
Date: April 3, 2014
Citation: 2010-CT-01571-SCT
Motion for rehearing filed by the State of Mississippi is denied. Randolph, P.J., Chandler and Pierce, JJ., would grant.
Date: April 3, 2014
Citation: 2011-CT-01472-SCT
Petition for writ of certiorari filed by counsel for Jimmy Ray Chism, Jr., is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Chandler, J. Order entered.
Date: April 3, 2014
Citation: 2011-CT-01536-SCT
Petition for writ of certiorari filed by Brett Anthony Shaw is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Order entered.
Date: April 3, 2014
Citation: 2012-CT-00245-SCT
Petition for writ of certiorari filed by Jonathan Whitehead is denied. To Deny: All Justices. Order entered.
Date: April 3, 2014
Citation: 2012-CT-00502-SCT
Docket Number: 2012-CT-00502-SCT
Justia Opinion Summary: After suffering a severe electrical shock while working as a lineman for Tippah Electric Power Association, Lonnie Smith filed a petition to controvert with the Mississippi Workers' Compensation Commission. Tippah denied…
Date: April 3, 2014
Citation: 2012-CT-00803-SCT
Petition for writ of certiorari filed by counsel for Johnnie Brown is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.
Date: April 3, 2014
Citation: 2012-CT-01078-SCT
Petition for writ of certiorari filed by BKS, Inc., d/b/a Keith's Superstores is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Chandler, J. Order entered.
Date: April 3, 2014
Citation: 2012-CT-01223-SCT
Petition for writ of certiorari filed by Ida M. Black, et al., is denied. To Deny: All Justices. Order entered.
Date: April 3, 2014
Citation: 2013-CT-00215-SCT
Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb's "Notice of Appeal," which is in the nature of a petition for a writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.
Date: April 3, 2014
Citation: 2013-DR-00327-SCT
Thong Le's Motion to Invoke Discovery is dismissed. To Dismiss: All Justices. Order entered.
Date: April 3, 2014
Citation: 2014-DR-00230-SCT
Motion for Leave to File Successive Petition for Post-Conviction Relief filed by Michelle Byrom is granted. The conviction of the petitioner, Michelle Byrom, for capital murder is hereby reversed, and the case at issue here and in the direct appeal styled Michelle Byrom v. State of Mississippi and having Docket Number 2001-DP-529-SCT is remanded to the Circuit Court of Tishomingo County for a new trial. Upon remand, the Circuit Court of Tishomingo County shall reassign the case to a different trial judge. Coleman, J., for the Court. Order entered.
Date: April 3, 2014
Citation: 94-DP-01016-SCT
The State's Motion to Reset Execution Date is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. To Grant: Randolph, P.J., Chandler and Pierce, JJ. Order entered.
Date: March 27, 2014
Citation: 2006-CA-00185-SCT
Appellee's Motion to Strike Appellant's Brief and Dismiss Appeal and Appellee's Motion to Strike Appellant's Record Excerpts are denied. Order entered.
Date: March 27, 2014
Citation: 2007-CA-00322-SCT
Appellee's Motion to Strike Appellant's Brief and Dismiss Appeal and Appellee's Motion to Strike Appellant's Record Excerpts are denied. Order entered.
Date: March 27, 2014
Citation: 2011-CA-00120-SCT
Docket Numbers: 2011-CA-00120-SCT, 2007-CA-00322-SCT, 2006-CA-00185-SCT
Justia Opinion Summary: Michael Crawford sued defendants Alex Jordan, Morris Transportation, and Custom Sign Company (Custom) based on a motor vehicle accident. Initially, Crawford filed a petition to perpetuate testimony to depose Jordan and…
Date: March 27, 2014
Citation: 2011-CA-01608-SCT
Motion for rehearing filed by Illinois Central Railroad Company is denied. Waller, C.J., Dickinson, P.J., Lamar and Coleman, JJ., would grant.
Date: March 27, 2014
Citation: 2012-CA-01457-SCT
Docket Number: 2012-CA-01457-SCT
Justia Opinion Summary: This case arose from Quizzie Manning's 2008 visit to the King's Daughters Medical Center's emergency room. Manning alleged she sustained injuries as a result of the Center's negligence during that visit. The issue this…
Date: March 27, 2014
Citation: 2012-CT-01691-SCT
Northbay Property Owners Association's petition for writ of certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.
Date: March 27, 2014
Citation: 2012-IA-01238-SCT
Justia Opinion Summary: In this guardianship case, the ward's guardian petitioned for transfer of the guardianship to Louisiana, where the ward and guardian had moved. The chancellor denied both the request to transfer the guardianship and the…
Date: March 27, 2014
Citation: 2012-KA-01415-SCT
Justia Opinion Summary: Craig Williams was convicted by jury of armed robbery. Williams appealed his conviction, claiming: (1) a broken "BB gun" did not meet the definition of a deadly weapon for purposes of Mississippi's armed-robbery statute;…
Date: March 27, 2014
Citation: 2013-BD-01251-SCT
On the Court's own motion, the Mississippi Bar's formal complaint against Karen Wilson Tyler is dismissed without prejudice. The Mississippi Bar is taxed with the costs of this appeal. Pierce, J., for the Court. Order entered.</ul><br><hr>
Date: March 27, 2014
Citation: 2014-M-00107-SCT
Petition for Interlocutory Appeal by Permission filed by Canizaro, Cawthon, Davis, a Professional Association, is denied. To Grant: Randolph, P.J. Order entered.
Date: March 20, 2014
Citation: 2011-CA-00019-SCT
Motion of Michael S. Allred to Correct Inadvertent Error in Motion for Rehearing is granted. Order entered.
Date: March 20, 2014
Citation: 2011-CT-00475-SCT
Docket Number: 2011-CT-00475-SCT
Justia Opinion Summary: BancorpSouth Bank filed a complaint for declaratory judgment, judicial foreclosure, and other relief against Van Buren Group, LLC, a corporation that organized the construction of thirty condominiums in Oxford. Four…
Date: March 20, 2014
Citation: 2011-CT-01459-SCT
Docket Number: 2011-CT-01459-SCT
Justia Opinion Summary: Johnny Ray Sims was charged with three counts of aggravated assault, with each count alleging a separate victim. The trial court subsequently accepted the defendant’s best-interest guilty plea to one count of aggravated…
Date: March 20, 2014
Citation: 2011-CT-01587-SCT
Petition for writ of certiorari filed by Benjamin Lee Drake is denied. To Deny: All Justices. Order entered.
Date: March 20, 2014
Citation: 2012-CA-02029-SCT
Docket Number: 2012-CA-02029-SCT
Justia Opinion Summary: David "Junior" Kimbrough died in 1998, leaving his entire estate to his long-time girlfriend, Mildred Washington. Matthew Johnson was named executor of the estate. Johnson petitioned the court to probate Kimbrough's…
Date: March 20, 2014
Citation: 2012-CP-01919-SCT
Docket Number: 2012-CP-01919-SCT
Justia Opinion Summary: David Lee Rice filed a petition for post-conviction relief in Circuit Court, arguing that he had been improperly sentenced to life without parole as a habitual offender after a 1996 conviction for auto burglary. Finding…
Date: March 20, 2014
Citation: 2012-CT-00006-SCT
Petition for writ of certiorari filed by Brandon Grindle is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: March 20, 2014
Citation: 2012-CT-00022-SCT
Petition for writ of certiorari filed by Albert Edmond is denied. To Deny: All Justices. Order entered.
Date: March 20, 2014
Citation: 2012-CT-00113-SCT
Joel Pablo Gonzalez a/k/a Joel Pablo Gonzales a/k/a "Martin" a/k/a Joel P. Gonzales's petition for writ of certiorari is denied. To Deny: All Justices. Order entered.
Date: March 20, 2014
Citation: 2012-CT-01528-SCT
Petition for writ of certiorari filed by Mark Matthews is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Chandler and Pierce, JJ. Order entered.
Date: March 20, 2014
Citation: 2012-IA-01401-SCT
Motion for rehearing filed by Appellants is denied. Randolph, P.J., Lamar and Coleman, JJ., would grant.
Date: March 20, 2014
Citation: 2012-IA-01686-SCT
Docket Number: 2012-IA-01686-SCT
Justia Opinion Summary: The trial court granted plaintiff Karen Richardson’s motion to reinstate a negligence action arising out of a 2001 automobile accident involving a truck owned by defendant Entergy Mississippi, Inc. Richardson’s action…
Date: March 20, 2014
Citation: 2012-KA-01573-SCT
Docket Number: 2012-KA-01573-SCT
Justia Opinion Summary: Robert Sherman was indicted for willfully, unlawfully, and feloniously possessing pseudoephedrine and sodium hydroxide with the unlawful intent to manufacture a controlled substance. He was tried and convicted then…
Date: March 20, 2014
Citation: 2013-CA-00415-SCT
Docket Number: 2013-CA-00415-SCT
Justia Opinion Summary: In a matter of first impression, the issue before the Supreme Court centered on whether one wrongfully convicted of a crime and placed in the Intensive Supervision Program, commonly known as house arrest, is entitled to…
Date: March 13, 2014
Citation: 2010-CT-00177-SCT
Motion for rehearing filed by W. C. Fore Trucking, Inc., is denied. Lamar, Pierce and Coleman, JJ., would deny with modifications to the opinion. Dickinson, P.J., not participating.
Date: March 13, 2014
Citation: 2010-CT-01978-SCT
Docket Number: 2010-CT-01978-SCT
Justia Opinion Summary: A jury convicted Angela Johnson of one count of possession of methamphetamine, one count of possession of precursor chemicals, and one count of false pretense. The Court of Appeals affirmed Johnson's convictions, and the…
Date: March 13, 2014
Citation: 2012-CA-01684-SCT
Motion for rehearing filed by Edward J. Johnson, Jr., is denied.
Date: March 13, 2014
Citation: 2012-CT-00625-SCT
Petition for writ of certiorari filed by Danny Rea is denied. To Deny: All Justices. Order entered.
Date: March 13, 2014
Citation: 2012-CT-00645-SCT
Petition for writ of certiorari filed by Stanley Luster, pro se, is denied. To Deny: All Justices. Order entered.
Date: March 13, 2014
Citation: 2013-IA-01784-SCT
The Petition for Interlocutory Appeal filed by Petitioner is granted. This matter is remanded to the Madison County Chancery Court for entry of an order denying Respondent's Motion to Compel in cause no. 2012-0921. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent is taxed with all costs of this appeal. To Grant and Render: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Coleman, J. Randolph, P.J., for the Court. Order entered.
Date: March 6, 2014
Citation: 2011-CT-01500-SCT
Docket Numbers: 2011-CT-01500-SCT, 2011-CT-01501-SCT
Justia Opinion Summary: George Dukes and Joe Jordan sued Union Insurance Company Inc. as surety on the public official bond of Newton County Circuit Clerk Rodney Bounds. Union filed a crossclaim against Bounds for indemnity. The Circuit Court…
Date: March 6, 2014
Citation: 2011-CT-01540-SCT
Petition for writ of certiorari filed by Mary Terrell is denied. To Deny: All Justices. Order entered.
Date: March 6, 2014
Citation: 2012-CT-00261-SCT
Petition for writ of certiorari filed by Tommy James Fay is denied. To Deny: All Justices. Order entered.
Date: March 6, 2014
Citation: 2012-CT-00597-SCT
Date: March 6, 2014
Citation: 2012-CT-01409-SCT
Petition for writ of certiorari filed by Jimmy Harris, pro se, is denied. To Deny: All Justices. Order entered.
Date: March 6, 2014
Citation: 2012-KA-01464-SCT
Docket Number: 2012-KA-01464-SCT
Justia Opinion Summary: Troy Chaupette was convicted of fondling his four-year-old great-niece. He appealed, arguing the trial court erred by: (1) allowing two fact witnesses to provide expert testimony; (2) permitting an improper comment on…
Date: March 6, 2014
Citation: 2013-CA-00073-SCT
Docket Number: 2013-CA-00073-SCT
Justia Opinion Summary: Karmjit Virk appealed an increase in his tax liability to the Mississippi Department of Revenue’s Board of Review. When Virk failed to appear at his Board of Review hearing, his appeal was involuntarily withdrawn. Virk’s…
Date: February 27, 2014
Citation: 2011-CT-01028-SCT
Kenneth Thompson Builder, Inc.'s petition for writ of certiorari, which Coastal Masonry, Pro Mow Lawn Care, Inc., and Capital Security Services, Inc., have joined, is granted. To Grant: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J., and Dickinson, P.J. Order entered.
Date: February 27, 2014
Citation: 2011-CT-01033-SCT
Kenneth Thompson Builder, Inc.'s petition for writ of certiorari, which Coastal Masonry, Pro Mow Lawn Care, Inc., and Capital Security Services, Inc., have joined, is granted. To Grant: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J., and Dickinson, P.J. Order entered.
Date: February 27, 2014
Citation: 2012-CA-01260-SCT
Docket Number: 2012-CA-01260-SCT
Justia Opinion Summary: Herbert Lee Jr., the attorney who handled the 2001 settlement of thirteen diet-drug claims (for approximately $32 million), agreed that six percent of the gross settlement would be used to pay for “common benefit”…
Date: February 27, 2014
Citation: 2012-CA-01567-SCT
Docket Number: 2012-CA-01567-SCT
Justia Opinion Summary: A mother sued the Department of Human Services (DHS) after the death of her son in the home in which DHS placed him. Austin Watkins was removed from the home of his mother, Tammy Watkins, and placed in the home of his…
Date: February 27, 2014
Citation: 2012-CT-00414-SCT
Petition for writ of certiorari filed pro se by James A. Morris is denied. To Deny: All Justices. Order entered.
Date: February 27, 2014
Citation: 2012-CT-00504-SCT
Petition for writ of certiorari filed by Christopher Michael Carpenter is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: February 27, 2014
Citation: 2012-IA-00997-SCT
Docket Number: 2012-IA-00997-SCT
Justia Opinion Summary: Zachariah Stennis sued Moss Point School District (MPSD) and several school-district officials for injuries she sustained in an off campus assault by a fellow student and the student’s mother. MPSD filed a motion for…
Date: February 20, 2014
Citation: 2010-CT-00898-SCT
Docket Number: 2010-CT-00898-SCT
Justia Opinion Summary: Walter Tard was convicted of armed robbery and sentenced to serve forty-five years, with ten years suspended and five years of post-release supervision, in the custody of the Mississippi Department of Corrections. Tard…
Date: February 20, 2014
Citation: 2011-KA-01267-SCT
Motion for rehearing filed by Levi L. Jenkins is denied. Opinion modified at paragraph 13. Waller, C.J., would deny only. Kitchens and King, JJ., would grant.
Date: February 20, 2014
Citation: 2012-CA-00601-SCT
Docket Number: 2012-CA-00601-SCT
Justia Opinion Summary: When legendary blues musician Robert Johnson died intestate in 1938, he had no money and appeared to have left no assets to distribute to heirs, so no estate was opened at that time. But the increasing popularity of…
Date: February 20, 2014
Citation: 2012-CA-00653-SCT
Motion for rehearing filed by Lisa Younger Neese is denied.
Date: February 20, 2014
Citation: 2012-CA-01070-SCT
Docket Numbers: 2012-CA-01070-SCT, 2012-CA-00598-COA
Justia Opinion Summary: Shirley Adams and other landowners challenged a petition of the U.S. Oil and Gas Association that proposed amendments to Statewide Rule 681 which authorized the surface and subsurface landspreading of NORM as additional…
Date: February 20, 2014
Citation: 2012-CA-01543-SCT
Docket Number: 2012-CA-01543-SCT
Justia Opinion Summary: This appeal stemmed from a grand jury subpoena duces tecum served upon Entergy Mississippi, Inc., that requested the names and billing addresses of all of Entergy's residential customers in two zip codes in Madison…
Date: February 20, 2014
Citation: 2012-CA-01966-SCT
Docket Number: 2012-CA-01966-SCT
Justia Opinion Summary: Martin and Star Pierce were married in Mississippi in 2000, and divorced in Washington state in 2007. Because the Washington court lacked personal jurisdiction over Star, it did not divide the parties' assets.…
Date: February 20, 2014
Citation: 2012-CT-00054-SCT
Petition for writ of certiorari filed by Silver Land, Inc., is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Waller, C.J., Kitchens and King, JJ. Order entered.
Date: February 20, 2014
Citation: 2012-CT-00374-SCT
Petition for writ of certiorari filed by Tommie Lee Jones is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., and Pierce, J. Order entered.
Date: February 20, 2014
Citation: 2012-CT-00619-SCT
Petition for writ of certiorari filed by Stacy Oliver Hester and Joseph Lynn Wright is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Not Participating: Chandler, J. Order entered.
Date: February 20, 2014
Citation: 2012-CT-00708-SCT
Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell's petition for writ of certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: February 20, 2014
Citation: 2012-CT-00815-SCT
Petition for writ of certiorari filed by Nancy Downey is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. Order entered.
Date: February 20, 2014
Citation: 2012-CT-00852-SCT
Petition for writ of certiorari filed by Stacy Oliver Hester and Joseph Lynn Wright is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Not Participating: Chandler, J. Order entered.
Date: February 20, 2014
Citation: 2012-CT-01234-SCT
Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers, Sr., a/k/a Edward Dwanye Flowers, Sr. a/k/a Edward Flowers's petition for writ of certiorari is dismissed as untimely. M.R.A.P. 17(b). Order entered.
Date: February 20, 2014
Citation: 2012-CT-01354-SCT
Petition for writ of certiorari filed by Shauntell Summerall is dismissed. M.R.A.P. 17(b). Order entered.
Date: February 20, 2014
Citation: 2012-KA-01496-SCT
Docket Number: 2012-KA-01496-SCT
Justia Opinion Summary: Ricky Franklin was convicted on one count of kidnapping and on one count of aggravated assault with a deadly weapon. He was sentenced to thirty years and twenty years, respectively, to run consecutively. A mistrial was…
Date: February 20, 2014
Citation: 2014-JP-00005-SCT
Date: February 13, 2014
Citation: 2009-M-01623
Cedric D. Russell's pro se Motion for Leave to File for Post-Conviction, Motion to Prove by Preponderance of the Evidence that the Petitioner is Entitled to Relief, Motion to Correct Motion to Prove by a Preponderance of the Evidence, Motion to Submit Supporting Affidavit and Motion for Ex Parte Pursuant to the Petitioner's Speedy Trial Issue are denied. Russell's pro se Motion for Mandamus is dismissed as moot. Dickinson, P.J., and Kitchens, J., disagree. Order entered.
Date: February 13, 2014
Citation: 2010-CT-00908-SCT
Petition for writ of certiorari filed by Derrick Stokes is dismissed. M.R.A.P. 17(b). Order entered.
Date: February 13, 2014
Citation: 2010-CT-01779-SCT
Petition for writ of certiorari filed by Barry W. Gilmer is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Chandler, J. Order entered.
Date: February 13, 2014
Citation: 2010-CT-01857-SCT
Motion for Stay of Mandate filed by Appellants is granted. The mandate of this Court is recalled upon entry of this order, and is stayed until May 7, 2014. To Grant: All Justices. Order entered.
Date: February 13, 2014
Citation: 2011-CT-00719-SCT
Motion to Amend Mandate filed by Sherry Walker is denied. To Deny: All Justices. Order entered.
Date: February 13, 2014
Citation: 2011-CT-00896-SCT
Docket Number: 2011-CT-00896-SCT
Justia Opinion Summary: Machon Lyons suffered severe injuries as the result of an automobile accident. The accident occurred when a vehicle operated by Roderick Holliday left the road and collided with a tree. As a result, Lyons obtained a…
Date: February 13, 2014
Citation: 2011-CT-00944-SCT
Docket Number: 2011-CT-00944-SCT
Justia Opinion Summary: J. C. Williams was convicted of the sale of cocaine. He was adjudicated a habitual offender and a subsequent drug offender, and as such, his sentence was enhanced to forty years in the custody of the Department of…
Date: February 13, 2014
Citation: 2012-CA-01419-SCT
Docket Number: 2012-CA-01419-SCT
Justia Opinion Summary: The Mississippi Department of Revenue assessed taxes, penalties, and interest against Isle of Capri Casino, Inc. and its affiliated entities for tax years 2004, 2005, 2006, and 2007. The Department based the assessment…
Date: February 13, 2014
Citation: 2012-CA-01831-SCT
Docket Number: 2012-CA-01831-SCT
Justia Opinion Summary: The Chancery Court appointed conservators over the person and estate of Stuart Irby. Approximately one year later, Karen Collins Irby, Stuart's ex-wife, filed pleadings to invalidate the conservatorship and set aside the…
Date: February 13, 2014
Citation: 2012-CC-01522-SCT
Docket Number: 2012-CC-01522-SCT
Justia Opinion Summary: The Mississippi Department of Employment Security determined that distributors for Sara Lee Bakery Group, Inc. (now Earthgrains Bakery Group, Inc.) were agent drivers and commission drivers for Sara Lee, rather than…
Date: February 13, 2014
Citation: 2012-CT-00121-SCT
Petition for writ of certiorari filed by Lonnie Massey is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.
Date: February 13, 2014
Citation: 2012-CT-00630-SCT
Petition for writ of certiorari filed by Bobby E. Wilson, Jr., is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Order entered.
Date: February 13, 2014
Citation: 2012-CT-00668-SCT
Petition for writ of certiorari filed pro se by Alisha Vanwey is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.
Date: February 13, 2014
Citation: 2012-CT-00912-SCT
Petition for writ of certiorari filed by Robert E. Lewis, Jr., is denied. To Deny: All Justices. Order entered.
Date: February 13, 2014
Citation: 2012-CT-01091-SCT
Petition for writ of certiorari filed by counsel for Aaron James Carlson is denied. To Deny: All Justices. Order entered.
Date: February 13, 2014
Citation: 2012-KA-01544-SCT
Motion for rehearing filed by Appellant is denied.
Date: February 13, 2014
Citation: 2013-KA-00586-SCT
Docket Number: 2013-KA-00586-SCT
Justia Opinion Summary: Minor Zachary Stringer was charged with the murder of his younger brother, Justin. The jury found Zachary guilty of the lesser-included offense of manslaughter. The trial court sentenced Zachary to twenty years, with ten…
Date: February 6, 2014
Citation: 2010-DP-00425-SCT
Docket Number: 2010-DP-00425-SCT
Justia Opinion Summary: Jason Lee Keller appealed his conviction for capital murder stemming from the death of Hat Thi Nguyen. After careful consideration of the trial court record, the Supreme Court found no reversible error and affirmed.
Date: February 6, 2014
Citation: 2011-CA-01785-SCT
Motion for rehearing filed by Jackson HMA, LLC is denied. Waller, C.J., not participating.
Date: February 6, 2014
Citation: 2011-CT-01096-SCT
Docket Number: 2011-CT-01096-SCT
Justia Opinion Summary: William Andrew Short (Andy) and Kathryn Taylor Short were divorced in 2007. As part of the divorce judgment, the parties entered into a property, child-support, and child custody agreement stipulating that Andy would pay…
Date: February 6, 2014
Citation: 2011-CT-01649-SCT
Petition for writ of certiorari filed by La'Quinta Lewis is denied. To Deny: All Justices. Order entered.
Date: February 6, 2014
Citation: 2011-CT-01708-SCT
Petitions for writ of certiorari filed by Christopher West a/k/a Chris West are denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
Date: February 6, 2014
Citation: 2012-CA-01283-SCT
Docket Number: 2012-CA-01283-SCT
Justia Opinion Summary: The Board of Aldermen for the City of Ridgeland denied Baymeadows, LLC's proposed repair plans to correct 1,478 cited code violations, and Baymeadows appealed. Upon review of the Board's decision, the Supreme Court held…
Date: February 6, 2014
Citation: 2012-CT-00115-SCT
Petition for writ of certiorari filed by Freddie Webber is dismissed. Order entered.
Date: February 6, 2014
Citation: 2012-CT-00565-SCT
Petition for writ of certiorari filed by Alison Steiner and Adelman & Steiner is denied. To Deny: All Justices. Order entered.
Date: February 6, 2014
Citation: 2012-CT-00659-SCT
Petition for writ of certiorari filed by Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala Ravenstein, her Natural Mother, Adult next friend, and Guardian Ad Litem is granted. To Grant: Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., and Chandler, J. Order entered.
Date: February 6, 2014
Citation: 2012-CT-01424-SCT
Petition for writ of certiorari filed by Chakakhan Davis, pro se, is denied. To Deny: All Justices. Order entered.
Date: February 6, 2014
Citation: 2012-KA-00724-SCT
Docket Number: 2012-KA-00724-SCT
Justia Opinion Summary: Jeffrey Hill was indicted by a grand jury of possession of a firearm on educational property (the campus of Mississippi State University). In two jury trials, Hill represented himself with the assistance and advice of…
Date: February 6, 2014
Citation: 2012-KA-01828-SCT
Docket Number: 2012-KA-01828-SCT
Justia Opinion Summary: Justin Stewart appealed his convictions of armed robbery and felon in possession of a firearm. Stewart argued that the trial court improperly enhanced his sentence, in violation of his rights against double jeopardy, and…
Date: February 6, 2014
Citation: 2013-KA-00114-SCT
Docket Number: 2013-KA-00114-SCT
Justia Opinion Summary: James Ferguson challenged the sufficiency of the evidence presented against him at trial. He was convicted on aggravated-assault charges. Furthermore, Ferguson argued he received ineffective assistance of trial counsel. …
Date: January 30, 2014
Citation: 2010-CT-01222-SCT
Petition for writ of certiorari filed by RSL Funding, LLC and RSL-5B-IL, LTD is denied. To Deny: All Justices. Order entered.
Date: January 30, 2014
Citation: 2011-CT-00787-SCT
Petition for writ of certiorari filed by Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on behalf of the wrongful death beneficiaries of Margaret E. Stephens, deceased, is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Order entered.
Date: January 30, 2014
Citation: 2011-CT-00834-SCT
Docket Number: 2011-CT-00834-SCT
Justia Opinion Summary: Two Winona police officers obtained an arrest warrant for defendant Joel Baskin for aggravated assault. Upon searching defendant, officers found cocaine, which lead to an indictment for possession of cocaine. This case…
Date: January 30, 2014
Citation: 2011-CT-01036-SCT
Petition for writ of certiorari filed by RSL Funding, LLC and RSL-5B-IL, LTD is denied. To Deny: All Justices. Order entered.
Date: January 30, 2014
Citation: 2011-CT-01549-SCT
Petition for writ of certiorari filed by Saheed Davis is denied. To Deny: All Justices. Order entered.
Date: January 30, 2014
Citation: 2011-CT-01552-SCT
Petition for writ of certiorari filed by Crown, Cork & Seal USA, Inc., Pacific Employers Insurance Company and American International South Insurance Company is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Chandler, J. Order entered.
Date: January 30, 2014
Citation: 2012-CA-01139-SCT
Lamar, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.
Date: January 30, 2014
Citation: 2012-CA-01850-SCT
Docket Number: 2012-CA-01850-SCT
Justia Opinion Summary: Ralph Smith, Jr. appealed the circuit court's decision to deny his habeas corpus petition. After review of the habeas court's record and Smith's petition, the Supreme Court concluded Smith was not entitled to habeas…
Date: January 30, 2014
Citation: 2012-CT-00219-SCT
Petition for writ of certiorari filed pro se by Jaquita Haywood is denied. To Deny: All Justices. Order entered.
Date: January 30, 2014
Citation: 2012-CT-00238-SCT
Petition for writ of certiorari filed pro se by Kenneth Eugene Fox, Sr., is denied. To Deny: All Justices. Order entered.
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