Supreme Court of Mississippi Decisions 2014
Opinions 501 - 570 of 570
Date: January 30, 2014
Citation: 2012-CT-00403-SCT
Docket Number: 2012-CT-00403-SCT
Justia Opinion Summary: The Workers' Compensation Commission dismissed applicant Matthew Ladner's petition to controvert and motion for payment of benefits because it found the statute of limitations had expired. Ladner appealed that decision…
Date: January 30, 2014
Citation: 2012-CT-00705-SCT
Petition for writ of certiorari filed by Joe H. Cotton is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.
Date: January 30, 2014
Citation: 2012-CT-00717-SCT
Petition for writ of certiorari filed by Peggy J. Sturdivant is denied. To Deny: All Justices. Order entered.
Date: January 30, 2014
Citation: 2012-CT-00767-SCT
Petition for writ of certiorari filed pro se by Sheldon Nathan is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.
Date: January 30, 2014
Citation: 2012-CT-00990-SCT
Petition for writ of certiorari filed by Eaton Corporation and Old Republic Insurance Company is denied. To Deny: All Justices. Order entered.
Date: January 30, 2014
Citation: 2012-IA-01467-SCT
Docket Number: 2012-IA-01467-SCT
Justia Opinion Summary: In 2007, Plaintiff Chris Snopek proposed working on the concept of a multi-use sports complex to be built on land in Madison. The parties collaborated over the designs and plans for the complex, and entered into a letter…
Date: January 30, 2014
Citation: 2012-SA-00699-SCT
Docket Number: 2012-SA-0699-SCT
Justia Opinion Summary: Riverbend Utilities, Inc. challenged the Mississippi Department of Environmental Quality Permit Board’s decision to grant tow groundwater withdrawal permits to the Harrison County Utility Authority. Finding no reversible…
Date: January 30, 2014
Citation: 2014-DP-00006-SCT
Motion to Set Execution Date filed by the State of Mississippi is denied. Pursuant to Mississippi Code Section 99-19-105(1), the Circuit Court of Copiah County shall transmit the entire record and transcript in Case No. 2009-0218 & -219 CR to this Court, along with complying with the other requirements enumerated in that statutory subsection. After the record is received and docketed, a scheduling order for briefing and argument will be entered forthwith by this Court. This Court will conduct a sentence review on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence. To Deny: All Justices. Order entered.
Date: January 23, 2014
Citation: 2011-CT-01422-SCT
Petition for writ of certiorari filed by Justin Barron is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. Not Participating: Kitchens, J. Order entered.
Date: January 23, 2014
Citation: 2011-CT-01440-SCT
Petition for writ of certiorari filed by John Jones 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: January 23, 2014
Citation: 2011-CT-01468-SCT
Petition for writ of certiorari filed by Latidtus Jones, pro se, is denied. To Deny: All Justices. Order entered.
Date: January 23, 2014
Citation: 2011-CT-01602-SCT
Petition for writ of certiorari filed by counsel for Bill Nick Argol is denied. To Deny: All Justices. Order entered.
Date: January 23, 2014
Citation: 2011-CT-01603-SCT
Petition for writ of certiorari filed by counsel for Bill Nick Argol is denied. To Deny: All Justices. Order entered.
Date: January 23, 2014
Citation: 2012-CA-01895-SCT
Docket Number: 2012-CA-01895-SCT
Justia Opinion Summary: Halley Smith appealed a Chancery Court order which held Smith was not a wrongful-death beneficiary of Justin Smith. On appeal to the Supreme Court, Smith asked the Court to judicially declare that an in loco parentis…
Date: January 23, 2014
Citation: 2012-CT-00089-SCT
Petition for writ of certiorari filed by Julius Wesley Kiker is denied. To Deny: All Justices. Order entered.
Date: January 23, 2014
Citation: 2012-CT-00148-SCT
Petition for writ of certiorari filed by R.L. Rogers is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Order entered.
Date: January 23, 2014
Citation: 2012-CT-00214-SCT
Petition for writ of certiorari filed pro se by David Sidney Nichols is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Dismiss: Waller, C.J. Not Participating: Lamar, J. Order entered.
Date: January 23, 2014
Citation: 2012-CT-00597-SCT
Petition for writ of certiorari filed by Exso Chandler a/k/a Exo Chandler, Jr., 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: January 23, 2014
Citation: 2012-IA-01401-SCT
Docket Number: 2012-IA-01401-SCT
Justia Opinion Summary: In an interlocutory appeal from Chancery Court, the issue before the Supreme Court was whether plaintiff Ralph Saulters alleged sufficient ownership interest in a disputed piece of land to sustain his complaint to clear…
Date: January 23, 2014
Citation: 2013-DR-02147-SCT
Motion for a Scheduling Order filed by counsel for Charles Ray Crawford is denied. All Justices Agree. Order entered.
Date: January 16, 2014
Citation: 2009-CT-01319-SCT
Motion for rehearing filed by Appellees is denied.
Date: January 16, 2014
Citation: 2009-CT-01355-SCT
Motion for rehearing filed by Appellees is denied.
Date: January 16, 2014
Citation: 2010-CT-00183-SCT
Petition for writ of certiorari filed pro se by Steven Eric Dison is dismissed. M.R.A.P. 17(b). Order entered.
Date: January 16, 2014
Citation: 2010-CT-01571-SCT
Docket Number: 2010-CT-01571-SCT
Justia Opinion Summary: A jury convicted Christopher Harrell of two crimes: felony murder, and for being a felon in possession of a firearm. The Circuit Court sentenced Harrell to life without the possibility of parole and ten years, to run…
Date: January 16, 2014
Citation: 2011-CT-00306-SCT
Docket Number: 2011-CT-00306-SCT
Justia Opinion Summary: Rosemary Finch filed a complaint for separate maintenance, and her husband Stewart Finch responded with a counterclaim for divorce. In the course of their divorce proceedings, Rosemary and Stewart were required by…
Date: January 16, 2014
Citation: 2011-CT-00693-SCT
Motion for rehearing filed by Appellee is denied. Pierce, J., not participating.
Date: January 16, 2014
Citation: 2011-CT-01650-SCT
Petition for writ of certiorari filed by Charlie Blount, pro se, is dismissed. M.R.A.P. 17(b). Order entered.
Date: January 16, 2014
Citation: 2011-CT-01766-SCT
Petition for writ of certiorari filed by FFE Transportation Services and Liberty Mutual Insurance Company is denied. To Deny: All Justices. Order entered.
Date: January 16, 2014
Citation: 2011-CT-01865-SCT
Petition for writ of certiorari filed by Roy A. (Al) Conn and Mitzi P. Conn is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Order entered.
Date: January 16, 2014
Citation: 2012-CA-00125-SCT
Docket Number: 2012-CA-00125-SCT
Justia Opinion Summary: Narjess Ghane, the mother of a deceased member of the Navy’s Sea, Air, and Land Force (SEAL) Team Five, brought a wrongful death action against a private military contractor. Along with other members of SEAL Team Five,…
Date: January 16, 2014
Citation: 2012-CA-00880-SCT
Docket Number: 2012-CA-00880-SCT
Justia Opinion Summary: Plaintiffs Bre’Annah Banks, Ladarius Harp, Kimberly Norris, Zerlanzeia Lambouths, and Lakedrick Reed filed suit against the Sherwin-Williams Company claiming products liability and negligence. After both sides elicited…
Date: January 16, 2014
Citation: 2012-CA-01329-SCT
Docket Number: 2012-CA-01329-SCT
Justia Opinion Summary: Edward Cox appealed the Circuit Court’s denial of his motion to dismiss a three-count indictment, which charged him with three counts of aggravated assault under Section 97-3-7 of the Mississippi Code. The issue before…
Date: January 16, 2014
Citation: 2012-CA-01684-SCT
Docket Number: 2012-CA-01684-SCT
Justia Opinion Summary: This was the third appeal the Supreme Court decided arising out of litigation over a defective combine Edward J. Johnson Jr. purchased from Parker Tractor & Implement Co., Inc. in 1994. This case was a direct appeal from…
Date: January 16, 2014
Citation: 2012-CT-00023-SCT
Petition for writ of certiorari filed by counsel for John Edward McDonald is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00093-SCT
Petition for writ of certiorari filed by James Tucker is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Randolph, P.J., Kitchens and King, JJ. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00218-SCT
Petition for writ of certiorari filed by counsel for Scott D. Smith is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00308-SCT
Petition for writ of certiorari filed by Meika DeSean Britton, pro se, is denied. To Deny: All Justices. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00455-SCT
Petition for writ of certiorari filed pro se by Deon S. Ballard is dismissed as untimely filed. To Dismiss as Untimely Filed: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00493-SCT
Petition for writ of certiorari filed by Telcom Tower Group, LLC is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Dickinson, P.J. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00546-SCT
Petition for writ of certiorari filed by Robert Hobgood is denied. To Deny: All Justices. Order entered.
Date: January 16, 2014
Citation: 2012-CT-00580-SCT
Petition for writ of certiorari filed by James Tucker is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Randolph, P.J., Kitchens and King, JJ. Order entered.
Date: January 16, 2014
Citation: 2012-CT-01006-SCT
Petition for writ of certiorari filed by Ottis J. Cummings, Jr., pro se, is denied. To Deny: All Justices. Order entered.
Date: January 16, 2014
Citation: 2012-KA-00921-SCT
Motion for rehearing filed pro se by Appellant is denied.
Date: January 16, 2014
Citation: 2012-KA-01595-SCT
Docket Number: 2012-KA-01595-SCT
Justia Opinion Summary: Daniel Beasley appealed an Amite County jury's finding him guilty of murder. Beasley was charged in connection with the death of Janie Wilkinson in 2011. Finding no reversible error, the Supreme Court affirmed the jury's…
Date: January 16, 2014
Citation: 2013-M-01284
Springer's Application for Leave to Proceed in the Trial Court is granted in part and denied in part. It is granted to the extent that the Circuit Court of Lee County shall hold a hearing to determine whether Springer's trial counsel was ineffective for failing to protect and pursue his right to a speedy trial and whether his appellate counsel was ineffective for failing to raise a claim on appeal that his trial counsel was ineffective for failing to protect and pursue his right to a speedy trial. Randolph, P.J., disagrees. Order entered.
Date: January 9, 2014
Citation: 2010-CT-01780-SCT
Petition for writ of certiorari filed by Terry Hye, Jr., is granted. To Grant: Waller, C.J., Kitchens, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Chandler and Pierce, JJ. Order entered.
Date: January 9, 2014
Citation: 2011-CA-01846-SCT
Docket Number: 2011-CA-01846-SCT
Justia Opinion Summary: Defendants Phillips Brothers, Kilby Brake Fisheries, LLC, and Harry Simmons appealed a judgment entered in favor of Ray Winstead on numerous shareholder and employment claims. In September 2009, Winstead filed a…
Date: January 9, 2014
Citation: 2011-CT-00271-SCT
Petition for writ of certiorari filed by The Travelers Insurance Company is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., and Lamar, J. To Deny: Kitchens, Chandler, Pierce, King and Coleman, JJ. Order entered.
Date: January 9, 2014
Citation: 2011-CT-00293-SCT
Petition for writ of certiorari filed by Timothy Joseph Patterson 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: January 9, 2014
Citation: 2011-CT-00444-SCT
Docket Number: 2011-CT-00444-SCT
Justia Opinion Summary: In a medical malpractice case, the defendant alleged the plaintiff’s discovery response concerning his expert was insufficient. The trial judge ordered the plaintiff to produce the expert for a deposition but, due to…
Date: January 9, 2014
Citation: 2011-CT-00691-SCT
Petition for writ of certiorari filed by Douglas D. Williams a/k/a Douglas Dwayne Williams is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Randolph, P.J., Chandler, King and Coleman, JJ. Order entered.
Date: January 9, 2014
Citation: 2011-CT-00784-SCT
Petition for writ of certiorari filed by Peter Grossley is denied. To Deny: All Justices. Order entered.
Date: January 9, 2014
Citation: 2011-CT-00964-SCT
Docket Number: 2011-CT-00964-SCT
Justia Opinion Summary: Donald and Penny Brewer (through their respective attorneys) negotiated, agreed to, and signed off on a proposed order that changed custody of one of the parties’ two children, John, to Donald, and reduced his…
Date: January 9, 2014
Citation: 2011-CT-01442-SCT
Petition for writ of certiorari filed by Thomas Gerhold is denied. To Deny: All Justices. Order entered.
Date: January 9, 2014
Citation: 2011-CT-01500-SCT
Petition for writ of certiorari filed by Union Insurance Company is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J. Order entered.
Date: January 9, 2014
Citation: 2012-CP-01361-SCT
Motion for rehearing filed by Appellant is denied.
Date: January 9, 2014
Citation: 2012-CP-01997-SCT
Docket Number: 2012-CP-01997-SCT
Justia Opinion Summary: Larry Hammett petitioned for statutory compensation under the legislative act for Compensation to Victims of Wrongful Conviction and Imprisonment. Hammett was found guilty of perjury by a jury in 1997, and was sentenced…
Date: January 9, 2014
Citation: 2012-CT-00395-SCT
Petition for writ of certiorari filed pro se by Christopher Thomas Lewis is denied. To Deny: All Justices. Order entered.
Date: January 9, 2014
Citation: 2012-CT-00417-SCT
Petition for writ of certiorari filed by Charles Ferguson 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: January 9, 2014
Citation: 2012-CT-00427-SCT
Petition for writ of certiorari filed by Timothy Pryer, pro se, is granted To Grant: Dickinson, P.J., Lamar, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Kitchens and Pierce, JJ. Order entered.
Date: January 9, 2014
Citation: 2012-CT-00429-SCT
Petition for writ of certiorari filed by counsel for Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, Pennsylvania 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: January 9, 2014
Citation: 2012-CT-00493-SCT
Motion of Appellee Honeysuckle Creek Holdings, Inc., to Dismiss Petition for Writ of Certiorari is denied. Order entered.
Date: January 9, 2014
Citation: 2012-CT-00640-SCT
Petition for writ of certiorari filed by LeDarius Bonds a/k/a Le'Darius Bonds a/k/a Poo, is 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: January 9, 2014
Citation: 2012-CT-00809-SCT
Petition for writ of certiorari filed by Ivana Merritt is denied. To Deny: All Justices. Order entered.
Date: January 9, 2014
Citation: 2012-IA-00935-SCT
Docket Numbers: 2012-IA-00935-SCT, 2012-IA-00936-SCT
Justia Opinion Summary: Petitioner Stephen Johnson was arrested and convicted for driving on a suspended license (in the third degree). His license had been suspended for failing to pay a traffic fine. Johnson appealed his DWLS 3rd conviction,…
Date: January 9, 2014
Citation: 2012-IA-00936-SCT
Appellant's Motion to Strike Supplement to the Record and Censure the Jefferson County Circuit Clerk is granted in part and denied in part. Order entered.
Date: January 9, 2014
Citation: 2012-IA-01651-SCT
On the Court's own motion, the interlocutory appeal is dismissed. The stay of proceedings in this case in the Circuit Court of the First Judicial District of Hinds County is lifted, and this case is remanded to that court for further proceedings. Each party shall bear its own costs on this appeal. Randolph, P.J., disagrees. Kitchens, J., for the Court. Order entered.
Date: January 9, 2014
Citation: 2013-CC-00682-SCT
On the Court's own motion, within ten (10) days of entry of this Order, Mississippi Power Company and Bigger Pie Forum shall simultaneously file briefs, not to exceed ten (10) pages, to show cause why this appeal should not be dismissed as moot, the order of the chancery court vacated, and each party required to bear its own costs. Order entered.
Date: January 9, 2014
Citation: 2013-IA-00839-SCT
Flechas's Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues is granted. The chancery court's order 1 of February 1, 2013, and the chancery court's order 3 of September 13, 2013, all are reversed and rendered the chancery court's order 2 of May 23, 2013, is affirmed as to finding Flechas to be in contempt of court and requiring him to pay attorney fees of $692.50, but is otherwise reversed and vacated the chancery court shall first review whether the request contained in the subpoena seeks documents relevant under Rule 26 to the only issue before the chancery court at this time, devisavit vel non Flechas shall produce all documents deemed relevant to the will contests by the chancery court and create a new privilege log, listing which of the relevant documents he believes are privileged the chancery court shall then conduct an in camera, document-by-document review of the documents claimed privileged, explaining the corresponding rule or exception which may compel the production of the subpoenaed documents the chancery court shall conduct further hearings as are required to carry out the directions of this order and the chancery court defer consideration of further sanctions until the discovery issues are fully resolved. The stay entered by this Court on June 20, 2013, and continued on August 29, 2013, is vacated effective upon the issuance of this Court's mandate the Motion to Dismiss and to Strike the Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues, or to Partially Strike is denied Respondent's Rule 48A(d) Mississippi Rules Appellate Procedure Motion for Access to Sealed Document is denied and Respondent is taxed with all costs of this appeal. Coleman, J., disagrees. Waller, C.J., for the Court. Order entered.
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