Supreme Court of Mississippi Decisions 2015
Opinions 1 - 500 of 610
Date: December 17, 2015
Citation: 2011-CT-01028-SCT
The Motion for Rehearing filed by Appellant is denied. Lamar, Kitchens and King, JJ., would grant. Waller, C.J., and Dickinson, P.J., not participating.
Date: December 17, 2015
Citation: 2011-CT-01033-SCT
The Motion for Rehearing filed by Appellant is denied. Lamar, Kitchens and King, JJ., would grant. Waller, C.J., and Dickinson, P.J., not participating.
Date: December 17, 2015
Citation: 2013-CA-01713-SCT
Docket Number: 2013-CA-01713-SCT
Justia Opinion Summary: On March 24, 2006, the Circuit Court granted Dr. Charles Brock and Dr. Steven Clark summary judgment based on the expiration of the one-year statute of limitations in the Mississippi Tort Claims Act (“MTCA”). In 2010,…
Date: December 17, 2015
Citation: 2013-CA-01900-SCT
Docket Number: 2013-CA-01900-SCT
Justia Opinion Summary: The issue this case presented for the Mississippi Supreme Court's review centered on the validity of a 1995 Florida divorce decree. Sarath Sapukotana (Sarath) and Palihawadanage Ramya Chandralatha Fernando (Fernando)…
Date: December 17, 2015
Citation: 2013-CT-00149-SCT
The Petition for Writ of Certiorari filed by Propst Pittman is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.
Date: December 17, 2015
Citation: 2013-CT-01641-SCT
The Petition for Writ of Certiorari filed by Kim Wade, pro se, is dismissed. Order entered.
Date: December 17, 2015
Citation: 2013-CT-01858-SCT
Docket Number: 2013-CT-01858-SCT
Justia Opinion Summary: Defendant Markeith Fleming was convicted of murder and aggravated assault. He claimed he was in another county at his girlfriend's house at the time the shooting occurred. Approximately two weeks before trial, the State…
Date: December 17, 2015
Citation: 2013-M-01645
The Application for Leave to File Motion for Post-Conviction Collateral Relief in the Circuit Court of Oktibbeha County is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: December 17, 2015
Citation: 2014-CA-00582-SCT
The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., would grant.
Date: December 17, 2015
Citation: 2014-CA-01615-SCT
Docket Number: 2014-CA-01615-SCT
Justia Opinion Summary: Sand Specialties & Aggregates, LLC, and Lampkin Construction Company entered into a contract under which Sand Specialties was to sell certain sand mining equipment to Lampkin Construction. The equipment was delivered,…
Date: December 17, 2015
Citation: 2014-CT-00057-SCT
The Petition for Writ of Certiorari filed by Nurdan and Adnan Aydin is denied. Appellant's Motion to Strike Appellees' Response to Petition for Writ of Certiorari, and Appellees' Motion to File Response to Petition for Writ of Certiorari out of Time are dismissed as moot. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and King, JJ. To Grant: Kitchens, J. Not Participating: Coleman, J. Order entered.
Date: December 17, 2015
Citation: 2014-CT-00411-SCT
The Petition for Writ of Certiorari filed by James Ray Sanders is denied. To Deny: All Justices. Order entered.
Date: December 17, 2015
Citation: 2014-CT-00643-SCT
The Petition for Writ of Certiorari filed by Donald Allen Caves is denied. To Deny: All Justices. Order entered.
Date: December 17, 2015
Citation: 2014-IA-00465-SCT
Docket Number: 2014-IA-00465-SCT
Justia Opinion Summary: Alan and Linda Anderson filed a medical malpractice action against Sharkey Issaquena Community Hospital but failed to designate an expert timely in accordance with the scheduling order imposed by the Circuit Court. The…
Date: December 17, 2015
Citation: 2014-IA-00844-SCT
Docket Number: 2014-IA-00844-SCT
Justia Opinion Summary: After all defendants to the original complaint filed responsive pleadings in Mary Meeks’s medical malpractice suit, Meeks obtained leave of court and filed a first amended complaint, adding as a defendant the…
Date: December 17, 2015
Citation: 2014-IA-01303-SCT
Date: December 17, 2015
Citation: 2014-IA-01576-SCT
Date: December 17, 2015
Citation: 2014-IA-01577-SCT
Don Mitchell's Motion to Confess Circuit Court Jurisdiction is granted. The Rankin County Chancery Court's orders denying Appellant's Motions to Transfer are reversed, and the stay previously entered by this Court is now vacated. These matters are remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer the matters to the Circuit Court of Rankin County. All costs, not previously assessed, shall be taxed to the Appellees. To Grant: All Justices. Pierce, J., for the Court. Order entered.
Date: December 17, 2015
Citation: 2014-IA-01578-SCT
Don Mitchell's Motion to Confess Circuit Court Jurisdiction is granted. The Rankin County Chancery Court's orders denying Appellant's Motions to Transfer are reversed, and the stay previously entered by this Court is now vacated. These matters are remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer the matters to the Circuit Court of Rankin County. All costs, not previously assessed, shall be taxed to the Appellees. To Grant: All Justices. Pierce, J., for the Court. Order entered.
Date: December 17, 2015
Citation: 2015-M-01490-SCT
The Petition for Interlocutory Appeal and to Stay Proceedings filed by Norman W. Pauli, Jr., and Kristy L. Pauli is denied. To Deny: Dickinson, P.J., Lamar, Kitchens, Pierce and King, JJ. To Grant: Waller, C.J., Randolph, P.J., and Coleman, J. Order entered.
Date: December 17, 2015
Citation: 2015-TS-01741
Adofo Minka's Motion for Emergency Extraordinary Relief to Stay Payment of Jury Costs by Attorney is denied. Costs of preparing the transcript are assessed to Adofo Minka. To Deny: All Justices. Order entered.
Date: December 10, 2015
Citation: 2012-KA-02051-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant. Waller, C.J., not participating.
Date: December 10, 2015
Citation: 2012-M-00716
The Petition for Leave and Motion for Post-Conviction Relief filed pro se by Donald R. Whitfield is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., do not agree. Randolph, P.J., not participating. Order entered.
Date: December 10, 2015
Citation: 2013-CA-00572-SCT
The Motion for Rehearing filed by Appellants is denied.
Date: December 10, 2015
Citation: 2013-CA-01173-SCT
The Motion for Rehearing filed by Reggie Elliott, et al., is denied. Randolph, P.J., not participating.
Date: December 10, 2015
Citation: 2013-CA-01213-SCT
Appellant's Motion for Leave to file Motion for Rehearing out of time is granted. The Motion for Rehearing filed on October 26, 2015, is accepted for filing. Order entered.
Date: December 10, 2015
Citation: 2013-CA-01736-SCT
Docket Number: 2013-CA-01736-SCT
Justia Opinion Summary: Lewis and Lisa Shelby filed a medical-malpractice action on behalf of the wrongful death beneficiaries of their son, Terrance Shelby. Shortly before trial, the trial judge dismissed the Shelbys for discovery violations,…
Date: December 10, 2015
Citation: 2013-CT-00024-SCT
Docket Number: 2013-CT-00024-SCT
Justia Opinion Summary: A former employee claimed he was discharged for reporting his employer’s illegal activity and sought to bring a wrongful-discharge claim under a public-policy exception to his at-will employment status. Because the…
Date: December 10, 2015
Citation: 2013-CT-01034-SCT
Docket Number: 2013-CT-01034-SCT
Justia Opinion Summary: After failing to stop at a checkpoint, John Cole attempted to evade law-enforcement officers before subsequently crashing into a trailer. Cole ran on foot into the nearby woods and shortly was detained. A search of the…
Date: December 10, 2015
Citation: 2013-CT-01652-SCT
The Petition for Writ of Certiorari filed by Derrick Newell 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: December 10, 2015
Citation: 2013-CT-01883-SCT
The Petition for Writ of Certiorari filed by Thomas E. Chapman and Brenda Chapman is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.
Date: December 10, 2015
Citation: 2013-IA-00728-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: December 10, 2015
Citation: 2013-IA-00731-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: December 10, 2015
Citation: 2013-IA-01338-SCT
The Motion for Rehearing filed by Reggie Elliott, et al., is denied. Randolph, P.J., not participating.
Date: December 10, 2015
Citation: 2014-CA-00231-SCT
Docket Number: 2014-CA-00231-SCT
Justia Opinion Summary: In 2010, Dr. James Peoples treated Mattie Aldridge for recurrent deep-vein thrombosis. During her stay at the hospital, Dr. Peoples placed Aldridge on anticoagulation therapy. Almost two months later, after she had been…
Date: December 10, 2015
Citation: 2014-CA-00405-SCT
Docket Number: 2014-CA-00405-SCT
Justia Opinion Summary: James Hobson placed the highest bid at a foreclosure sale on real property in Warren County. The receipt Hobson obtained at the sale disclaimed that the sale was subject to withdrawal in the event of a timely…
Date: December 10, 2015
Citation: 2014-CA-01261-SCT
Docket Number: 2014-CA-01261-SCT
Justia Opinion Summary: This case centered on a dispute between Gerald Scafidi and his sister, Jo Ann Hille about three family corporations and the land they inherited from their parents. Unable to get along, each sibling ran one of the…
Date: December 10, 2015
Citation: 2014-CT-00767-SCT
The Petition for Writ of Certiorari filed by William Antonio Avery is denied. To Deny: All Justices. Order entered.
Date: December 10, 2015
Citation: 2014-IA-00197-SCT
Docket Number: 2014-IA-00197-SCT
Justia Opinion Summary: William Greenwood owned Antique Wood Company of Mississippi (Greenwood), which was in the business of buying salvage rights to old buildings for the purpose of stripping and selling the buildings’ lumber, bricks, and…
Date: December 10, 2015
Citation: 2014-IA-00814-SCT
Docket Number: 2014-IA-00814-SCT
Justia Opinion Summary: Deborah Jackson sued Illinois Central Railroad Company under the Federal Employers’ Liability Act (FELA) for the wrongful death of her husband, Charles. Jackson alleged that her husband’s death from lung cancer was…
Date: December 10, 2015
Citation: 2014-IA-00913-SCT
Docket Number: 2014-IA-00913-SCT
Justia Opinion Summary: Safeway Insurance issued Tiffany Dukes an automobile insurance policy on her car. Dukes' boyfriend, Robert Hudson, was driving Dukes' car when he was involved in an accident that injured Jeffrey Piggs. Dukes sought…
Date: December 10, 2015
Citation: 2014-IA-00933-SCT
Docket Number: 2014-IA-00933-SCT
Justia Opinion Summary: Following Steve Broome’s death, his ex-wife Elizabeth Strickland and his children, Stephen Broome and Jesse Broome, filed claims against Steve’s estate for child support arrears, other unpaid support obligations, and for…
Date: December 10, 2015
Citation: 2014-IA-00959-SCT
The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., not participating.
Date: December 10, 2015
Citation: 2014-KA-00311-SCT
Docket Number: 2014-KA-00311-SCT
Justia Opinion Summary: Defendant was charged with thirteen counts of video voyeurism. At a bench trial, the parties agreed to forego calling witnesses and to have the trial judge decide the case on a submission of stipulated facts. The…
Date: December 10, 2015
Citation: 2014-KA-00714-SCT
Docket Number: 2014-KA-00714-SCT
Justia Opinion Summary: Dawn Jodoin and Chris Different married in February 2005 while they were living in South Carolina. Jodoin’s two children, B.B. and J.B., also lived with them. In May 2010, Jodoin and Different moved to Rankin County,…
Date: December 10, 2015
Citation: 2014-KM-01801-SCT
Docket Number: 2014-KM-01801-SCT
Justia Opinion Summary: Graham Warwick appealed his conviction for driving under the influence of marijuana, arguing that his conviction is against the weight and sufficiency of the evidence. Finding no error, the Supreme Court affirmed.
Date: December 10, 2015
Citation: 2015-AD-00001
Before the en banc Court is the request by the Supreme Court Advisory Committee on Rules for $30,000 in funding from the Court for the Committee's work during FY 2016. The request is meritorious and should be granted. The Supreme Court's Finance Office is authorized and directed to disburse $30,000 from the Court's Judicial Operations Fund to the Supreme Court Advisory Committee on Rules for that Committee's work during FY 2016. The Clerk of this Court is directed to forward a copy of this order to the Finance Office of the Supreme Court, to the Honorable Forrest A. Johnson, Circuit Judge and Chair of the Supreme Court Advisory Committee on Rules, and to Colette A. Oldmixon, Esq., Treasure of the Supreme Court Advisory Committee on Rules. All Justices Agree. Order entered.</ul><br><hr>
Date: December 3, 2015
Citation: 2013-CT-01387-SCT
The Petition for Writ of Certiorari filed by Branden P. Keogh 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: December 3, 2015
Citation: 2013-KA-02121-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: December 3, 2015
Citation: 2014-CA-00414-SCT
Docket Number: 2014-CA-00414-SCT
Justia Opinion Summary: Expro Americas, LLC ("Expro") filed a complaint seeking, inter alia, a temporary restraining order and preliminary injunction against Eddie Walters, a former Expro employee, and H&H Welding, LLC. Expro offered "oil and…
Date: December 3, 2015
Citation: 2014-CT-00188-SCT
The Petition for Writ of Certiorari filed by counsel for Appellant was granted on August 19, 2015, 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 the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Kitchens, J., disagrees. Pierce, J., for the Court. Order entered.
Date: December 3, 2015
Citation: 2014-CT-00559-SCT
The Petition for Writ of Certiorari filed by counsel for June Swilley 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: December 3, 2015
Citation: 2014-KA-00501-SCT
Docket Number: 201-KA-00501-SCT
Justia Opinion Summary: On February 25, 2014, James Rowsey was convicted of aggravated assault for throwing scalding water on a fellow inmate at the South Mississippi Correctional Institution. Rowsey was appointed two defense counsel. Rowsey…
Date: December 3, 2015
Citation: 2014-KA-01482-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
Date: November 19, 2015
Citation: 2003-M-00850
The Application for Extraordinary Relief in this Court or in the Alternative, Application to File for Relief in the Trial Court filed pro se by Carlos Williams is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do not agree. Order entered.
Date: November 19, 2015
Citation: 2012-CT-01066-SCT
Docket Number: 2012-CT-01066-SCT
Justia Opinion Summary: Michael Anderson was charged with deliberate-design murder, aggravated assault, and being a felon in possession of a firearm. His defense theory of the case was self-defense. Over Anderson’s objection, the prosecution…
Date: November 19, 2015
Citation: 2013-CT-01236-SCT
The Petition for Writ of Certiorari filed by Preston Overton 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: November 19, 2015
Citation: 2013-KA-01516-SCT
Docket Number: 2013-KA-01516-SCT
Justia Opinion Summary: Casey Burgess was convicted by jury on three counts of sexual battery against his wife, for which he was sentenced to thirty years on each count, to run concurrently. Following the denial of his alternative motions for…
Date: November 19, 2015
Citation: 2013-M-02006
The Application for Leave to file Motion for Post-Conviction Collateral Relief in the Circuit Court of Alcorn County, Mississippi, filed pro se by Johnny Steve Parker is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do not agree. Order entered.
Date: November 19, 2015
Citation: 2013-M-02146
The Application for Leave to File Motion for Post-Conviction Collateral Relief in the Circuit Court of Lafayette County, Mississippi, filed pro se by Kelcy Wilburn is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do not agree. Order entered.
Date: November 19, 2015
Citation: 2014-CA-01696-SCT
Docket Number: 2014-CA-01696-SCT
Justia Opinion Summary: The administrator of the Pearl River County Hospital entered into a contract with Wellness, Inc., for Wellness to provide furnishings, fixtures, equipment, and systems for the Hospital’s renovation. The Hospital…
Date: November 19, 2015
Citation: 2014-DR-00808-SCT
The Motion to Seal Documents filed by Jason Lee Keller is denied. To Deny: All Justices. Order entered.
Date: November 19, 2015
Citation: 89-R-99032-SCT
Date: November 12, 2015
Citation: 2009-DR-01565-SCT
The Motion to Expand the Scope of Claims to be addressed in Evidentiary Hearing filed by William Matthew Wilson is denied. The trial court shall proceed to consider the issues the Court previously designated for remand: (1) claims of ineffective assistance of counsel, including counsel's failure to communicate with Wilson, to investigate the case, to prepare for the penalty phase, to present adequate mitigation evidence, and to research the consequences of a defendant's waiver of a jury at sentencing and (2) whether "his waiver of a jury during his sentencing trial was not knowingly, intelligently, and voluntarily entered and whether that waiver was procedurally flawed." 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: November 12, 2015
Citation: 2012-CT-01032-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant. Pierce, J., not participating.
Date: November 12, 2015
Citation: 2012-CT-01218-SCT
Docket Number: 2013-CT-01218-SCT
Justia Opinion Summary: The parties to this case cited irreconcilable differences as grounds for their divorce. One appealed the chancellor’s award of child support and the equitable distribution of marital property. Upon review of the matter,…
Date: November 12, 2015
Citation: 2013-CT-00926-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. 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: November 12, 2015
Citation: 2013-CT-01179-SCT
Docket Number: 2013-CT-01179-SCT
Justia Opinion Summary: Kayla Vaughn appealed decisions of Mississippi’s Public Employees’ Retirement System (PERS), the Hinds County Circuit Court, and the Court of Appeals, in which she says she was denied the benefits due to a member of…
Date: November 12, 2015
Citation: 2013-CT-01755-SCT
The Petition for Writ of Certiorari filed by the Board of Supervisors of Jefferson Davis County is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Lamar, J. Order entered.
Date: November 12, 2015
Citation: 2013-CT-02151-SCT
The Petition for Writ of Certiorari filed by Stephanie Denise Davies Dobson 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: November 12, 2015
Citation: 2013-KA-02080-SCT
Docket Number: 2013-KA-02080-SCT
Justia Opinion Summary: Michael Brown was the attorney for the guardianship of DeMon McClinton, during which time he embezzled and/or mismanaged more than $1.2 million, much of it in Hinds County, where the guardianship and ward were located.…
Date: November 12, 2015
Citation: 2014-CA-00322-SCT
Mississippi Association of Self-Insurers' motion for Leave to file Brief of Amicus Curiae is denied. Disagrees: Dickinson, P.J. Order entered.
Date: November 12, 2015
Citation: 2014-DR-00808-SCT
The Petition for a Writ of Mandamus as to the trial court's order denying law enforcement and prosecutorial files covered by Rule 22 of the Mississippi Rules of Appellate Procedure and to Stay Post-Conviction Proceedings filed by Petitioner is granted in part, denied in part, and dismissed as moot in part. The Petition to Appeal the trial court's order denying law enforcement and prosecutorial files covered by Rule 22 of the Mississippi Rules of Appellate Procedure, and for Permission to Appeal trial court's order denying Motions to Compel, in part, and to Stay Post-Conviction Proceedings filed by Petitioner is dismissed as moot. To Grant in Part, Deny in Part and Dismiss as Moot in Part to the Petition for a Writ of Mandamus: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny Petition for a Writ of Mandamus: Randolph, P.J., and Pierce, J. To Dismiss as Moot the Petition to Appeal the trial court's orders: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny Petition to Appeal the trial court's orders: Randolph, P.J., and Pierce, J. Order entered.
Date: November 5, 2015
Citation: 2012-CT-01163-SCT
Docket Number: 2012-CT-01163-SCT
Justia Opinion Summary: John Doe initiated this action on behalf of his daughter, Jane Doe, after she was sexually assaulted on a Rankin County School District (RCSD) school bus, parked on the campus of Richland High School (RHS). After…
Date: November 5, 2015
Citation: 2013-CT-01935-SCT
The Petition for Writ of Certiorari filed by Freddie Dobbs is denied. To Deny: All Justices. Order entered.
Date: November 5, 2015
Citation: 2013-CT-02103-SCT
The Petition for Writ of Certiorari filed by Darrell Ross Brooks 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 5, 2015
Citation: 2014-CA-00008-SCT
Date: November 5, 2015
Citation: 2014-CA-00999-SCT
The Motion for Rehearing filed by Appellant is denied. Waller, C.J., Kitchens and King, JJ., would grant.
Date: November 5, 2015
Citation: 2014-CT-00323-SCT
The Petition for Writ of Certiorari filed by David Paul Anderson is denied. To Deny: All Justices. Order entered.
Date: November 5, 2015
Citation: 2014-CT-00364-SCT
The Petition for Writ of Certiorari filed by Sanderson Farms, Inc., is denied. To Deny: Waller, C.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ., and Lamar, J. Order entered.
Date: November 5, 2015
Citation: 2014-KA-00758-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: November 5, 2015
Citation: 2014-TS-01301
The Petition for an Out of Time Appeal filed by Leslie Bowlin is denied. The appeal in this matter is dismissed and all costs are assessed to the Appellant. Coleman, J., for the Court. All Justices Agree. Order entered.
Date: November 5, 2015
Citation: 2015-M-01492-SCT
After due consideration, this Court dismisses Greenleaf's Petition for Interlocutory Appeal or Writ of Mandamus and Emergency Request for Stay Pending Appeal and Mississippi Power Company's Motion to Strike, without prejudice to any party's right to raise any of the issues at such time, and in the event, any party files an appeal of a final finding, order or judgment of the commission. Agree: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J.
Date: October 29, 2015
Citation: 2012-CA-01610-SCT
Docket Number: 2012-CA-01610-SCT
Justia Opinion Summary: The State of Mississippi brought a civil action against generic pharmaceutical provider Sandoz, Inc., alleging that Sandoz impermissibly exploited Mississippi’s Medicaid reimbursement program by routinely and…
Date: October 29, 2015
Citation: 2013-CT-01088-SCT
The Petition for Writ of Certiorari filed by Azalean Rogers Jones is denied. To Deny: All Justices. Order entered.
Date: October 29, 2015
Citation: 2013-CT-01184-SCT
The Petition for Writ of Certiorari filed by Azalean Rogers Jones is denied. To Deny: All Justices. Order entered.
Date: October 29, 2015
Citation: 2013-CT-01188-SCT
The Petition for Writ of Certiorari filed by Azalean Rogers Jones is denied. To Deny: All Justices. Order entered.
Date: October 29, 2015
Citation: 2013-DP-00087-SCT
The Motion for Rehearing filed by the Appellant is denied. King, J., would grant.
Date: October 29, 2015
Citation: 2014-CA-00063-SCT
Docket Number: 2014-CA-00063-SCT
Justia Opinion Summary: In January 2003, Christopher Lyas died while receiving treatment at Pine Grove Behavioral Health Center, a subsidiary of Forrest General Hospital. Shortly after Christopher’s death, his widow, Madra Lyas was visited by…
Date: October 29, 2015
Citation: 2014-CT-00514-SCT
The Petition for Writ of Certiorari filed pro se by Brian Sweet is denied. To Deny: All Justices. Order entered.
Date: October 29, 2015
Citation: 2014-KA-00464-SCT
Docket Number: 2014-KA-00464-SCT
Justia Opinion Summary: Marshall Graves was convicted of fondling (two counts) and sexual battery (one count) and was sentenced to terms of fifteen years for each count of fondling and life as to one count of sexual battery, all to be served…
Date: October 29, 2015
Citation: 2014-KA-00884-SCT
Docket Number: 2014-KA-00884-SCT
Justia Opinion Summary: Correy Dartez was found guilty of murder by a Harrison County jury and sentenced to life in prison in the custody of the Mississippi Department of Corrections. The trial court denied Dartez’s post-trial motion for a new…
Date: October 29, 2015
Citation: 2014-KA-01283-SCT
Docket Number: 2014-KA-01283-SCT
Justia Opinion Summary: Ira Bowser admitted to killing Shabree Page at their apartment in 2012. The question at trial was whether Bowser’s actions were a product of deliberate design murder, second degree murder, heat of passion manslaughter,…
Date: October 29, 2015
Citation: 2014-KM-01808-SCT
Lamar, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.
Date: October 29, 2015
Citation: 2015-EC-01387-SCT
Docket Number: 2015-EC-01387-SCT
Justia Opinion Summary: The Union County Election Commission disqualified Roger Browning from running for Union County Superintendent of Education, finding that he was not a qualified elector of the Union County School District. The Circuit…
Date: October 22, 2015
Citation: 2013-CT-00547-SCT
The Petition for Writ of Certiorari filed by Milton Trotter 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: October 22, 2015
Citation: 2013-CT-01858-SCT
The Petition for Writ of Certiorari filed by Markeith Fleming 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: October 22, 2015
Citation: 2013-DR-01796-SCT
The Motion to Seal Documents filed by counsel for Leslie Galloway, III, is granted in part and denied in part. Galloway's motion to file certain exhibits under seal is granted with regards to Exhibit 58 and Exhibit 76. The motion is denied regarding all other exhibits. However, Galloway is permitted to redact the social security and/or driver's license numbers from Exhibit 57. Agreeing with this order: All Justices. Order entered.
Date: October 22, 2015
Citation: 2013-KA-01973-SCT
Docket Number: 2013-KA-01973-SCT
Justia Opinion Summary: Thomas Flynt was convicted of manslaughter for the death of his daughter’s girlfriend, Teresa Groover, after an altercation. According to Flynt, he and Teresa were struggling over a gun when it went off, and he did not…
Date: October 22, 2015
Citation: 2014-CA-00779-SCT
The Motion for Rehearing by the Appellant is denied.
Date: October 22, 2015
Citation: 2014-CA-01001-SCT
Docket Number: 2014-CA-01001-SCT
Justia Opinion Summary: When the Mississippi State Highway Commission (MHC) sought a permit from the Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access road, it pledged approximately 1,300 acres of Ward…
Date: October 22, 2015
Citation: 2014-KA-00670-SCT
Docket Number: 2014-KA-00670-SCT
Justia Opinion Summary: Tyrone Burrell was indicted for kidnapping. Burrell maintained that he merely tricked an elderly man into driving him to Memphis, but a jury found him guilty of kidnapping. The trial court sentenced Burrell to thirty…
Date: October 22, 2015
Citation: 2014-KM-01401-SCT
Docket Number: 2014-KM-01401-SCT
Justia Opinion Summary: Daniel Parish appealed his conviction for driving under the influence of marijuana, arguing that the prosecution failed to present sufficient evidence to prove the elements of the charged offense. Finding no error, the…
Date: October 22, 2015
Citation: 89-R-99025-SCT
Date: October 15, 2015
Citation: 2012-CT-00854-SCT
The Petition for Writ of Certiorari filed by Darrell Tillis 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: October 15, 2015
Citation: 2013-CA-01214-SCT
Docket Number: 2013-CA-01214-SCT
Justia Opinion Summary: Hattiesburg High School (“HHS”) filed a complaint for injunctive relief against the Mississippi High School Activities Association (“MHSAA”), alleging that its decision to declare one of HHS’s students ineligible to…
Date: October 15, 2015
Citation: 2013-CA-02153-SCT
Docket Number: 2013-CA-02153-SCT
Justia Opinion Summary: In 2004, Clayton Hinton purchased a tract of real property to use as a used-car lot. He financed its acquisition with funds provided by Wells Fargo. In 2007, Hinton conveyed his interests in the property to CZ Inc., a…
Date: October 15, 2015
Citation: 2013-CT-01209-SCT
The Motion for Order to Show Cause or Alternatively Motion for Clarification of Judgment filed pro se by James Creel is dismissed. Order entered.
Date: October 15, 2015
Citation: 2013-CT-01639-SCT
Appellee's Petition for Review of Court of Appeals' decision on Writ of Certiorari 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 15, 2015
Citation: 2013-CT-01949-SCT
The Petition for Writ of Certiorari filed pro se by L. A. Barksdale is denied. To Deny: All Justices. Order entered.
Date: October 15, 2015
Citation: 2013-DR-00491-SCT
The Motion for Attorney Fees and Expenses is granted. To Grant: All Justices. Order entered.
Date: October 15, 2015
Citation: 2013-IA-00402-SCT
The Motion for Rehearing filed by the Appellee is denied. Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ., would grant.
Date: October 15, 2015
Citation: 2014-CA-00505-SCT
Docket Number: 2014-CA-00505-SCT
Justia Opinion Summary: Marcia Marie sued her rheumatologist for malpractice. In a “battle of the experts” case, the trial court first denied a motion in limine by Marcia and her husband Donald Marie to exclude entries made by Dr. Dennis…
Date: October 15, 2015
Citation: 2014-IA-00783-SCT
Docket Number: 2014-IA-00783-SCT
Justia Opinion Summary: Earnest Magee sued Covington County Bank (CCB) for conversion after it seized collateral for a promissory note and later sold the property at auction. CCB moved under Mississippi Rule of Civil Procedure 12(b)(6) to…
Date: October 15, 2015
Citation: 2014-KA-00252-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Date: October 15, 2015
Citation: 2015-TS-00217
The Motion for Reconsideration is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Grant: Coleman, J. Not Participating: Pierce, J. Order entered.
Date: October 8, 2015
Citation: 2012-CT-00711-SCT
Docket Number: 2012-CT-00711-SCT
Justia Opinion Summary: In this custody battle between a child's mother and grandparents, the chancellor heard evidence that the child's mother was sexually promiscuous, that she had failed drug tests, and that she planned to move with the…
Date: October 8, 2015
Citation: 2012-CT-01757-SCT
Docket Number: 2012-CT-01757-SCT
Justia Opinion Summary: In this premises-liability case, the issue this case presented for the Supreme Court's review centered on whether the trial judge erred in holding, as a matter of law, that the owners and management of an apartment…
Date: October 8, 2015
Citation: 2012-DP-01500-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.
Date: October 8, 2015
Citation: 2013-CA-01213-SCT
Docket Number: 2013-CA-01213-SCT
Justia Opinion Summary: The Elchoses purchased a 1.11 acre parcel of a fifty-acre tract of largely undeveloped land located near and on the Jourdan River in Hancock County near Kiln, Mississippi, from Kevin and Lisa Haas in 2004. The Elchoses…
Date: October 8, 2015
Citation: 2013-CA-01660-SCT
The Motion for Rehearing filed by the Appellee is denied. Waller, C.J., Kitchens, Chandler and King, JJ., would grant.
Date: October 8, 2015
Citation: 2013-CA-01999-SCT
Docket Number: 2013-CA-01999-SCT
Justia Opinion Summary: This civil suit was filed by five alumni of Manchester Educational Foundation, Inc., after the dean of students, Richard Darden, admitted to viewing male students while they showered in his home. The five alumni attended…
Date: October 8, 2015
Citation: 2013-CT-00030-SCT
Docket Number: 2013-CT-00030-SCT
Justia Opinion Summary: In 2008, James Newell was convicted of manslaughter for the shooting death of Adrian Boyette. After this Court reversed Newell's conviction, he was retried and again convicted of manslaughter. The Court of Appeals…
Date: October 8, 2015
Citation: 2013-CT-00554-SCT
Docket Number: 2013-CT-00554-SCT
Justia Opinion Summary: Limestone Products, Inc., jointly owned by Ronald (Ronnie) Lampkin and James Oldrum (J.O.) Smith, Jr., operated with a line of credit personally guaranteed by Lampkin and Smith. Limestone was in the business of selling…
Date: October 8, 2015
Citation: 2013-CT-01603-SCT
The Petition for Writ of Certiorari filed by Ryan Rhymer is denied. To Deny: All Justices. Order entered.
Date: October 8, 2015
Citation: 2013-DP-01877-SCT
The motion for medical and mental health records filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.
Date: October 8, 2015
Citation: 2014-CA-00412-SCT
Docket Number: 2014-CA-00412-SCT
Justia Opinion Summary: Clayton Hinton invested substantial personal resources into a used-car business. Hinton sued his business partner, Nate Rolison, claiming that Rolison was keeping profits from that business that should have been divided…
Date: October 8, 2015
Citation: 2014-CA-00582-SCT
Docket Number: 2014-CA-00582-SCT
Justia Opinion Summary: Randy Braswell sued Ergon Oil Purchasing, Inc. in Amite County over some oil contracts. Two days later, Ergon brought a declaratory judgment action against Braswell in Rankin County over those same contracts. Ergon…
Date: October 8, 2015
Citation: 2014-CA-00883-SCT
Date: October 8, 2015
Citation: 2014-KA-00404-SCT
The Motion for Rehearing filed by Tyrone Boyd is denied.
Date: October 8, 2015
Citation: 2014-KA-00700-SCT
The Motion to Dismiss Appeal for Lack of Jurisdiction, or in the alternative, to Dismiss as Moot filed by the State of Mississippi is granted. All costs of this appeal are assessed to the Appellant. The Motion to Supplement the Record filed by the State of Mississippi is dismissed as moot. King, J., Disagrees. Order entered.
Date: October 8, 2015
Citation: 2015-CP-00593
The Motion to Dismiss Appeal filed by the State of Mississippi is granted. As Melvin Gamage was granted leave to proceed in forma pauperis, all costs of this appeal are assessed to Harrison County, Mississippi. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.
Date: October 1, 2015
Citation: 2013-CT-00408-SCT
The Motion for Oral Argument filed by the Appellant is denied. Dickinson, P.J., disagrees. Order entered.
Date: October 1, 2015
Citation: 2013-CT-01194-SCT
The Petition for Writ of Certiorari filed by Fred Harrell was granted by order of the Court entered on May 22, 2015. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed, as authorized by Mississippi Rule of Appellate Procedure 17(f). On the Court's own motion, the writ of certiorari is dismissed. King, J., disagrees. Coleman, J., for the Court. Order entered.
Date: October 1, 2015
Citation: 2014-CA-00579-SCT
Docket Number: 2014-CA-00579-SCT
Justia Opinion Summary: This case was a latent-injury silicosis case filed against a Florida corporation that was dissolved. The issue this case presented for the Mississippi Supreme Court's review centered on whether the Florida…
Date: October 1, 2015
Citation: 2014-IA-00959-SCT
Docket Number: 2014-IA-00959-SCT
Justia Opinion Summary: A wrongful-death beneficiary failed to prosecute this medical-malpractice case for four years, so, on the defendant’s motion, the circuit judge dismissed the complaint. The plaintiff refiled, and the defendant twice…
Date: October 1, 2015
Citation: 2014-KA-00547-SCT
Docket Number: 2014-KA-00547-SCT
Justia Opinion Summary: Anthony Windless was convicted by jury for the 2011 death of Charles Presley. Windless was sentenced to life in prison without the possibility of parole. Windless appealed, arguing the trial court erred in instructing…
Date: September 24, 2015
Citation: 2013-CT-00969-SCT
The Petition for Writ of Certiorari filed by John Barry Bowen is denied. To Deny: All Justices. Order entered.
Date: September 24, 2015
Citation: 2013-CT-01186-SCT
The Writ of Certiorari for Review filed by Willie James Allen is denied. To Deny: All Justices. Order entered.
Date: September 24, 2015
Citation: 2013-CT-01945-SCT
The Motion for Enlargement of Time in which to file a Writ of Certiorari to the Mississippi Supreme Court is denied. The Petition for Writ of Certiorari is dismissed as untimely filed. Order entered.
Date: September 24, 2015
Citation: 2014-CT-00103-SCT
The Petition for Writ of Certiorari filed by Cynthia Easterling is denied. The Request for Damages and Costs filed by Rhett R. Russell is denied. To Deny both motions: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.
Date: September 24, 2015
Citation: 2014-DP-00006-SCT
Docket Number: 2014-DP-00006-SCT
Justia Opinion Summary: Erik Hollie walked into a pawn shop in Wesson, Mississippi, and killed the owner because he didn’t follow "the Lord." Hollie claimed "the Lord" led him there to kill the man. A couple of days before the murder, Hollie…
Date: September 17, 2015
Citation: 2011-DP-00410-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: September 17, 2015
Citation: 2012-CT-01218-SCT
The Petition for Writ of Certiorari filed by Matthew Burnham is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Lamar, J. Not Participating: Randolph, P.J. Order entered.
Date: September 17, 2015
Citation: 2013-CT-00239-SCT
The Petition for Writ of Certiorari filed by Shelby Ray Parham is denied. To Deny: All Justices. Order entered.
Date: September 17, 2015
Citation: 2013-CT-00344-SCT
The Petition for Writ of Certiorari filed by Bennie Gunn is denied. To Deny: All Justices. Order entered.
Date: September 17, 2015
Citation: 2013-CT-01789-SCT
The Petition for Writ of Certiorari filed by Victor Jones is denied. To Deny: All Justices. Order entered.
Date: September 17, 2015
Citation: 2013-CT-01812-SCT
The Petition for Writ of Certiorari filed pro se by Terrell G. Bass is denied. To Deny: All Justices. Order entered.
Date: September 17, 2015
Citation: 2013-CT-01813-SCT
Lorenzo Hull's Petition for Writ of Certiorari 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: September 17, 2015
Citation: 2013-CT-01896-SCT
The Petition for Writ of Certiorari filed by Tim Turner is denied. To Deny: All Justices. Order entered.
Date: September 17, 2015
Citation: 2013-CT-02081-SCT
Petition for Writ of Certiorari filed by Rickey Sturkey, pro se, was granted June 25, 2015, 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 the writ of certiorari is dismissed. On the Court's own motion, the writ of certiorari is dismissed. Dickinson, P.J., Kitchens and King, JJ., Disagree. Pierce, J., for the Court. Order entered.
Date: September 17, 2015
Citation: 2013-IA-00728-SCT
Docket Numbers: 2013-IA-00728-SCT, 2013-IA-00731-SCT
Justia Opinion Summary: Wayne Kelly was killed while working at a construction site in Hattiesburg. His family sued, among other defendants, Hanco Corporation, Inc., the general contractor for the project on which Wayne Kelly had been working…
Date: September 17, 2015
Citation: 2013-KA-02121-SCT
Docket Number: 2013-KA-02121-SCT
Justia Opinion Summary: After a new trial was ordered, Brian Holliman was retried for the murder of his wife. The jury found Holliman guilty of first-degree murder, and the trial court sentenced him to life in the custody of the Mississippi…
Date: September 17, 2015
Citation: 2014-JP-01184-SCT
The Motion to Suspend the Rules and add addendum to Motion for Rehearing is denied. Order entered.
Date: September 17, 2015
Citation: 2014-KA-01482-SCT
Docket Number: 2014-KA-01482-SCT
Justia Opinion Summary: Michael Gardner was tried and convicted of possession of more than thirty grams but less than one kilogram of marijuana, with intent to distribute. The trial judge sentenced him to ten years, day for day, as an enhanced…
Date: September 17, 2015
Citation: 2015-IA-00975-SCT
Date: September 10, 2015
Citation: 2012-CT-01839-SCT
The Petition for Writ of Certiorari filed by the Appellee is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Randolph, P.J., and Pierce, J. Order entered.
Date: September 10, 2015
Citation: 2013-CT-00258-SCT
Docket Number: 2013-CT-00258-SCT
Justia Opinion Summary: This negligence suit arose out of a single-car accident that allegedly occurred due to an improperly performed bridge repair. In 2011, the Logans were traveling south on Highway 49 in Tallahatchie County when they drove…
Date: September 10, 2015
Citation: 2013-IA-00436-SCT
Date: September 10, 2015
Citation: 2013-IA-00438-SCT
Brentwood Health Management of Mississippi's Motion for Leave to File Brief as Amicus Curiae in Support of the Appellees' Position is granted and the amicus brief filed is accepted for filing. Exhibit B that is attached to the amicus brief is struck. See Majority Opinion of this Court handed down this date at footnote 2.
Date: September 3, 2015
Citation: 2012-CT-01835-SCT
Petition for Writ of Certiorari filed by Mitchell Rodrigue was granted by order of this Court on March 9, 2015. 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, J., disagrees. Randolph, P.J., not participating. Coleman, J., for the Court. Order entered.
Date: September 3, 2015
Citation: 2013-CA-00572-SCT
Docket Number: 2013-CA-00572-SCT
Justia Opinion Summary: Dusty McIlwain brought his two-year-old son Hunter to the Natchez Community Hospital emergency room because Hunter had been vomiting, crying, and complaining of pain. Dr. Michael Wheelis, the emergency room doctor, knew…
Date: September 3, 2015
Citation: 2013-CA-01173-SCT
Docket Numbers: 2013-CA-01173-SCT, 2013-IA-01338-SCT
Justia Opinion Summary: A city pipeline buried beneath a road leaked odorless natural gas which infiltrated a nearby home, causing an explosion. Residents alleged that the natural gas lacked its distinctive rotten egg smell, and that the…
Date: September 3, 2015
Citation: 2013-KA-02040-SCT
Docket Number: 2013-KA-02040-SCT
Justia Opinion Summary: Reginald Jackson was convicted of armed robbery and sentenced to thirty years with five years suspended. On appeal, Jackson argued that the prosecutors’ misconduct during opening statements and closing argument "so…
Date: September 3, 2015
Citation: 2014-CA-00180-SCT
Docket Number: 2014-CA-00180-SCT
Justia Opinion Summary: "For more than one hundred and thirty years," the Mississippi Supreme Court has held that an insurance company may void a policy when the insured made material misrepresentations during the application process. While…
Date: September 3, 2015
Citation: 2014-CA-00513-SCT
Pierce, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.
Date: September 3, 2015
Citation: 2014-CA-00999-SCT
Docket Number: 2014-CA-00999-SCT
Justia Opinion Summary: A lease agreement included a five-year renewal provision but failed to specify the rent to be paid during the renewal period. The circuit judge granted a judgment on the pleadings, finding the renewal provision…
Date: September 3, 2015
Citation: 2014-JP-00005-SCT
Docket Number: 2014-JP-00005-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance (the Commission) filed a “Formal Complaint” against Chancery Court Judge Joe Dale Walker alleging conduct prejudicial to the administration of justice which brings the…
Date: August 27, 2015
Citation: 2013-CT-00912-SCT
The Notice of Petition for Writ of Certiorari filed by Trevor Hoskins is denied. To Deny: All Justices. Order entered.
Date: August 27, 2015
Citation: 2013-CT-01034-SCT
Docket Number: 2013-CT-01034-SCT
Justia Opinion Summary: After failing to stop at a checkpoint in Jefferson Davis County, John Cole attempted to evade law-enforcement officers before subsequently crashing into a trailer. Cole ran on foot into the nearby woods and was shortly…
Date: August 27, 2015
Citation: 2013-CT-01792-SCT
Appellants' Petition for Writ of Certiorari is dismissed as untimely. Order entered.
Date: August 27, 2015
Citation: 2013-CT-01792-SCT
Appellants' Petition for Writ of Certiorari is dismissed as untimely. Order entered.
Date: August 27, 2015
Citation: 2014-CT-00188-SCT
The Petition for Writ of Certiorari filed by Jeffrey Allen is granted. To Grant: Waller, C.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ. Order entered.
Date: August 27, 2015
Citation: 2014-KA-00175-SCT
Date: August 27, 2015
Citation: 2014-KA-00175-SCT
Docket Number: 2014-KA-00175-SCT
Justia Opinion Summary: Charles Ray Crawford appealed his 1993 conviction for rape. He raised a number of issues on appeal. The record was unclear as to what caused a delay in this case being heard on appeal. For that reason, the Mississippi…
Date: August 27, 2015
Citation: 2014-KA-00175-SCT
Pierce, J. Disposition: Conviction of Rape and Sentence of Forty-Six (46) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in this cause shall run consecutively to the sentence in cause number LK-93-089 in the Lafayette County Circuit Court. Appellant shall pay court costs in the amount of $165.00 due within a year of release. Tippah County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar and Chandler, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens and King, JJ. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dickinson, P.J., Joins in Part. Coleman, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., Kitchens and King, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Dickinson, P.J., Joins This Opinion in Part. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., Kitchens and King, JJ., Join This Opinion.
Date: August 27, 2015
Citation: 89-R-99012-SCT
The Petition to Amend the Rules Governing Admission to the Mississippi Bar filed by Walter Weems, Louis Fuller, Watts Ueltschey, and Sheldon Alston is denied. To Deny: All Justices. Order entered.</ul><br><hr>
Date: August 20, 2015
Citation: 2013-CA-01089-SCT
The Motion for Rehearing filed by the Appellant is denied. Dickinson, P.J., and King, J., would grant. Kitchens, J., not participating.
Date: August 20, 2015
Citation: 2013-CA-01684-SCT
Docket Number: 2013-CA-01684-SCT
Justia Opinion Summary: On April 1, 2013, the Lauderdale County Board of Supervisors resolved to issue general obligation bonds for various county projects. The Lauderdale County Chancery Court validated bonds. Several objectors appeal, arguing…
Date: August 20, 2015
Citation: 2013-CT-00097-SCT
Docket Number: 2013-CT-00097-SCT
Justia Opinion Summary: Scott Bates was convicted of simple assault of a law-enforcement officer. He appealed the conviction, claiming he could not be guilty of the enhanced crime of simple assault on a law-enforcement officer because the…
Date: August 20, 2015
Citation: 2013-CT-00408-SCT
The Petition for Writ of Certiorari filed by Perriece Collins and Shoniqwa Collins is granted. To Grant: Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Lamar and Pierce, JJ. Order entered.
Date: August 20, 2015
Citation: 2013-CT-00761-SCT
Docket Number: 2013-CT-00761-SCT
Justia Opinion Summary: Jairus Collins was convicted of murdering Ebony Jenkins. He appealed, raised several points of error, but the Court of Appeals affirmed. Finding that Collins’s statement to police should have been suppressed and that one…
Date: August 20, 2015
Citation: 2013-CT-00955-SCT
The Petition for Writ of Certiorari filed by Concerned Citizens of Raven Wood Subdivision is denied. To Deny: All Justices. Order entered.
Date: August 20, 2015
Citation: 2013-CT-00966-SCT
The Petition for Writ of Certiorari filed by Debra Bartley-Rice 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 20, 2015
Citation: 2013-CT-01238-SCT
The Petition for Writ of Certiorari filed by the Appellants is granted. To Grant: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson and Randolph, P.JJ., and Coleman, J. Order entered.
Date: August 20, 2015
Citation: 2013-CT-02049-SCT
The Petition for Writ of Certiorari filed by Chester King Burnham is denied. To Deny: All Justices. Order entered.
Date: August 20, 2015
Citation: 2014-CA-00009-SCT
The Motion for Rehearing filed by the Appellee is denied. Kitchens, Chandler and King, JJ., would grant.
Date: August 20, 2015
Citation: 2014-KA-00758-SCT
Docket Number: 2014-KA-00758-SCT
Justia Opinion Summary: Tommie Claiborne was convicted of murder and sentenced to life. According to three eyewitnesses, Claiborne chased his wife around a car, grabbed her, and shot her three times the day before their scheduled divorce…
Date: August 13, 2015
Citation: 2012-CA-01153-SCT
Docket Number: 2012-CA-01153-SCT
Justia Opinion Summary: This case came before the Supreme Court on appeal of the financial portion of a bifurcated divorce trial. When Tanya Dale Wright Sanderson and Hobson Sanderson married in 1994, Tanya signed a prenuptial agreement the day…
Date: August 13, 2015
Citation: 2012-CT-01044-SCT
Detrick Dewayne Harris's Motion for Leave to file issuance of mandates, stay of mandate and other sufficient pleadings is in the nature of and is treated as a Petition for Writ of Certiorari. The Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.
Date: August 13, 2015
Citation: 2012-CT-01556-SCT
The Petition for Writ of Certiorari filed by Benjamin Shelton is denied. To Deny: All Justices. Order entered.
Date: August 13, 2015
Citation: 2012-CT-01629-SCT
The Motion for Enlargement of Time filed by counsel for Appellants is dismissed as moot. Order entered.
Date: August 13, 2015
Citation: 2013-CA-01490-SCT
The Motion for Rehearing filed by the Appellee is denied.
Date: August 13, 2015
Citation: 2013-CA-01631-SCT
Docket Number: 2013-CA-01631-SCT
Justia Opinion Summary: Drake and Tonia (Lewis) Pagel were divorced in 2008. Drake filed an appeal challenging the chancellor's property division, and the Court of Appeals affirmed in part and reversed in part and remanded. The Supreme Court,…
Date: August 13, 2015
Citation: 2013-CT-00159-SCT
The Motion for Rehearing filed by the Appellant is denied. Kitchens and King, JJ., would grant.
Date: August 13, 2015
Citation: 2013-CT-00434-SCT
Docket Number: 2013-CT-00434-SCT
Justia Opinion Summary: Rosie Jackson was granted a divorce from her husband Michael on the ground of cruel and inhuman treatment in 2012. After a trial, the chancellor found that Rosie had presented sufficient proof of habitual cruel and…
Date: August 13, 2015
Citation: 2013-CT-00608-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant. Lamar, J., not participating.
Date: August 13, 2015
Citation: 2013-CT-00972-SCT
Docket Number: 2013-CT-00972-SCT
Justia Opinion Summary: The Mississippi Highway Safety Patrol (MHP) discharged Officer Sammy Ray for falsifying official state documents. Ray appealed to the Employee Appeals Board (EAB). The EAB conducted a hearing and upheld Ray's…
Date: August 13, 2015
Citation: 2013-CT-01179-SCT
The Petition for Writ of Certiorari filed by Kayla Vaughn is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., and Coleman, J. Order entered.
Date: August 13, 2015
Citation: 2013-CT-01205-SCT
The Petition for Writ of Certiorari filed by Jeremy Moseley is granted. To Grant: Waller, C.J., Dickinson, P.J., Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.
Date: August 13, 2015
Citation: 2013-CT-01405-SCT
The Petition for Writ of Certiorari filed by counsel for Ryan McClendon is denied. To Deny: All Justices. Order entered.
Date: August 13, 2015
Citation: 2013-IA-01479-SCT
The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., and Pierce, J., would grant. Lamar, J., not participating.
Date: August 13, 2015
Citation: 2014-CA-00338-SCT
Docket Number: 2014-CA-00338-SCT
Justia Opinion Summary: Nilene Junker was admitted to the Nichols Center nursing facility after surgery. Junker's daughter, acting with power of attorney, signed an admission agreement on Junker's behalf. The admission agreement contained an…
Date: August 13, 2015
Citation: 2014-CA-00779-SCT
Docket Number: 2014-CA-00779-SCT
Justia Opinion Summary: Leo Brown was admitted to the Hattiesburg Health and Rehab Center (HHRC) in February 2012. His wife, Emma, signed an admission agreement both in her individual capacity and on Leo's behalf. Specifically, Emma's signature…
Date: August 13, 2015
Citation: 2015-CA-00605-SCT
Docket Number: 2015-CA-00605-SCT
Justia Opinion Summary: Appellee Adrian Shipman filed a Petition Appealing the Attorney General's Ballot Title for Legislative Alternative Measure 42A in the First Judicial District of Hinds County. The petition asked the circuit court to…
Date: August 13, 2015
Citation: 2015-M-01191-SCT
The Petition for Writ of Interlocutory Appeal and the Petition for Writ of Extraordinary Relief are denied. Waller, C.J., Lamar, Chandler and Pierce, JJ., would deny both petitions. Kitchens and King, JJ., would grant the request for stay and take the petition for interlocutory appeal under advisement. Dickinson and Randolph, P.JJ., and Coleman, J., not participating. Order entered.
Date: August 6, 2015
Citation: 2012-CT-01032-SCT
Docket Number: 2012-CT-01032-SCT
Justia Opinion Summary: In 2010, a George County sheriff's deputy attempted to pull over a Chevrolet pickup truck. The truck did not stop, and a high-speed chase ensued. In the truck were defendant Christopher Baxter and Brandy Williams. In an…
Date: August 6, 2015
Citation: 2013-CT-00054-SCT
The Petition for Writ of Certiorari filed by Samuel Keith McMinn is denied. To Deny: All Justices. Order entered.
Date: August 6, 2015
Citation: 2013-CT-00058-SCT
David Neil McCarty, Chair of the Appellate Practice Section, must file a response within 14 days stating whether one or more Section members, acting pro bono, will file an amicus brief and, if so, identifying the attorney(s) who will submit such brief. A briefing schedule and the specific issues to be briefed will follow if the Court's invitation is accepted. The Clerk of this Court must send a copy of this order to all parties and to Mr. McCarty. Order entered.
Date: August 6, 2015
Citation: 2013-CT-00790-SCT
The Petition for Writ of Certiorari filed by the Appellants/Petitioners is denied. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Not Participating: Waller, C.J. Order entered.
Date: August 6, 2015
Citation: 2013-CT-01041-SCT
The Petition for Writ of Certiorari filed by Peggy Trull 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 6, 2015
Citation: 2013-CT-01189-SCT
The Petition for Writ of Certiorari filed by counsel for Jack H. Wilson, Jr. 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: August 6, 2015
Citation: 2013-CT-01228-SCT
The Petition for Writ of Certiorari filed by Verenzo Cartrell Green is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
Date: August 6, 2015
Citation: 2013-CT-01332-SCT
The Petition for Writ of Certiorari filed by Donnie Sylvester 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: August 6, 2015
Citation: 2013-CT-01551-SCT
The Petition for Writ of Certiorari filed by Ethan Smith is denied. To Deny: All Justices. Order entered.
Date: August 6, 2015
Citation: 2013-IA-02068-SCT
The Motion for Rehearing filed by the Appellants is denied. Dickinson, P.J., Pierce and Coleman, JJ., would grant. Waller, C.J., not participating.
Date: August 6, 2015
Citation: 2014-CA-00322-SCT
Docket Number: 2014-CA-00322-SCT
Justia Opinion Summary: Minor O.D. filed a petition for approval of a settlement her parents had negotiated with car insurance companies for injuries she had suffered in a car accident. On the day of the hearing, O.D.'s health insurance…
Date: August 6, 2015
Citation: 2014-CT-00076-SCT
The Petition for Writ of Certiorari filed by Hence David Davis is denied. To Deny: All Justices. Order entered.
Date: August 6, 2015
Citation: 2014-CT-00765-SCT
The Petition for Writ of Certiorari filed by Melissa Pittman, as Next Friend and Natural Guardian of Javas Pittman, a Minor, is dismissed. Order entered.
Date: August 6, 2015
Citation: 2014-IA-00635-SCT
Docket Number: 2014-IA-00635-SCT
Justia Opinion Summary: John McAdams, in his official capacity as Chancery Clerk of Harrison County, was appointed guardian of Sybil Bowden and Jonathan Dunn. In October 2003 the Chancery Clerk opened guardianship accounts for Dunn and Bowden…
Date: August 6, 2015
Citation: 2014-JP-01309-SCT
The Motion for Rehearing filed by Rickey W. Thompson is denied.
Date: August 6, 2015
Citation: 2014-KA-00458-SCT
Docket Number: 2014-KA-00458-SCT
Justia Opinion Summary: A jury convicted Damon Fagan of four counts of sexual battery, and the trial judge sentenced him to thirty years in prison, with ten years' post-release supervision. Fagan appealed the conviction and sentence, arguing…
Date: August 6, 2015
Citation: 2015-M-00216
The Motion for Disqualification of Trial Judge filed by Derick Richard Boone 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: August 6, 2015
Citation: 2015-M-00397
The Trial Court's Motion to Amend, Correct and/or Clarify order pursuant to MRAP 27(h)(6) is dismissed. Order entered.
Date: July 30, 2015
Citation: 2012-CT-00196-SCT
Appellant's Petition for Writ of Certiorari filed by James Wilson is granted. To Grant: Dickinson, P.J., Lamar, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Kitchens, Pierce and Coleman, JJ. Order entered.
Date: July 30, 2015
Citation: 2012-CT-01451-SCT
Date: July 30, 2015
Citation: 2013-CA-01660-SCT
Docket Number: 2013-CA-01660-SCT
Justia Opinion Summary: In 2004, Luther McLain sued the Illinois Central Railroad, alleging that Illinois Central’s negligence caused his degenerative back injury. At trial, McLain had improper contact with a juror, committed perjury on the…
Date: July 30, 2015
Citation: 2013-CA-02013-SCT
Docket Number: 2013-CA-02013-SCT
Justia Opinion Summary: This action was brought by Inn By the Sea Homeowner’s Association, Inc. (“IBTS”) against various defendants involved in the development, design, and construction of Inn By the Sea Condominiums when the condominiums were…
Date: July 30, 2015
Citation: 2013-CT-00405-SCT
The Petition for Writ of Certiorari filed by Christopher Howell and Wendy Howell 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: July 30, 2015
Citation: 2013-CT-01004-SCT
The Petition for Writ of Certiorari filed by Arthur Gerald Hudson and Linda S. Hudson is denied. To Deny: All Justices. Order entered.
Date: July 30, 2015
Citation: 2013-CT-01068-SCT
The Petition for Writ of Certiorari filed pro se by Christopher McNulty is dismissed. Order entered.
Date: July 30, 2015
Citation: 2013-CT-01244-SCT
Appellant's Petition for Writ of Certiorari filed by James Wilson is granted. To Grant: Dickinson, P.J., Lamar, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Kitchens, Pierce and Coleman, JJ. Order entered.
Date: July 30, 2015
Citation: 2013-CT-02020-SCT
The Petition for Writ of Certiorari filed by Timothy R. Sharp, pro se, is denied. To Deny: All Justices. Order entered.
Date: July 30, 2015
Citation: 2013-IA-00384-SCT
The Motion for Rehearing filed by the Appellant is denied. Randolph, P.J., Lamar, Pierce and Coleman, JJ., would grant.
Date: July 30, 2015
Citation: 2014-CA-00315-SCT
Docket Number: 2014-CA-00315-SCT
Justia Opinion Summary: The issue this case presented for the Supreme Court's review was one of first impression regarding the interpretation of Mississippi Code Section 91-5-33, known as the “Slayer Statute.” John Armstrong, a severely…
Date: July 30, 2015
Citation: 2014-CA-00941-SCT
Docket Number: 2014-CA-00941-SCT
Justia Opinion Summary: In 2009, Plaintiff Barry White went to Memorial Hospital at Gulfport's emergency room complaining of slurred speech and left-sided numbness. White told the nurses there he thought he was having a stroke. He was diagnosed…
Date: July 30, 2015
Citation: 2014-CT-00313-SCT
Date: July 24, 2015
Citation: 2015-EC-00965-SCT
Docket Number: 2015-EC-00965-SCT
Justia Opinion Summary: In October 2013, William “Bill” Stone moved from Ashland in Benton County to Holly Springs in Marshall County. He sought the Democratic Party nomination for the newly-created Senate District 10, a district which…
Date: July 23, 2015
Citation: 2013-CA-01130-SCT
The Motion for Rehearing filed by the Appellant is denied. Deny: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ. Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Not Participating: Lamar, J. Order entered.
Date: July 23, 2015
Citation: 2013-CT-00630-SCT
Petition for Writ of Certiorari filed by Elijah Strong was granted by order of this Court on May 6, 2015. 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. Waller, C.J., for the Court. Chandler, J., not participating. Order entered.
Date: July 23, 2015
Citation: 2013-CT-01013-SCT
Docket Number: 2013-CT-01013-SCT
Justia Opinion Summary: The Court of Appeals affirmed Timothy Carr’s conviction and sentence and denied his motion for rehearing. Carr twice sought leave from the Supreme Court to file motions for post-conviction relief (PCR) (first in May…
Date: July 23, 2015
Citation: 2013-CT-01122-SCT
The Petition for Writ of Certiorari filed by the Mississippi Transportation Commission is denied. To Deny: All Justices. Order entered.
Date: July 23, 2015
Citation: 2013-CT-01255-SCT
The Petition for Writ of Certiorari filed by counsel for Panola County Narcotics Task Force, A Division of Panola County Sheriff's Department 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: July 23, 2015
Citation: 2013-DP-01877-SCT
The Motion for All Medical and Mental Health in Master File in possession of Judge Lisa P. Dodson filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.
Date: July 23, 2015
Citation: 2013-IA-02037-SCT
Petition for Interlocutory Appeal filed by counsel for the Appellant was granted July 3, 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 to further review, and this appeal should be dismissed. On the Court's own motion, the appeal is dismissed. All costs of this appeal are assessed to the Appellant. Pierce, J., for the Court. Order entered.
Date: July 23, 2015
Citation: 2013-IA-02038-SCT
Petition for Interlocutory Appeal filed by counsel for the Appellant was granted July 3, 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 to further review, and this appeal should be dismissed. On the Court's own motion, the appeal is dismissed. All costs of this appeal are assessed to the Appellant. Pierce, J., for the Court. Order entered.
Date: July 23, 2015
Citation: 2013-KA-01880-SCT
Docket Number: 2013-KA-01880-SCT
Justia Opinion Summary: John Franklin was found guilty of arson by jury, sentenced to eighteen years in the custody of the Mississippi Department of Corrections, ordered to pay a $1,500 fine, make restitution to the dwelling house owners, and…
Date: July 23, 2015
Citation: 2014-IA-00126-SCT
Docket Number: 2014-IA-00126-SCT
Justia Opinion Summary: This case was an interlocutory appeal stemming from a law suit by Mautrice Vaughn’s estate and wrongful-death beneficiaries against The Service Companies Inc., (“FSS”), following Vaughn’s fatal heart attack at work.…
Date: July 23, 2015
Citation: 2014-KA-00252-SCT
Docket Number: 2014-KA-00252-SCT
Justia Opinion Summary: Franklin Fitzpatrick was found guilty of the murder Sheriff’s Deputy Dewayne Crenshaw. He was sentenced to life in prison without the possibility of parole. He appealed his conviction and sentence, arguing: (1) the trial…
Date: July 23, 2015
Citation: 2015-IA-00792-SCT
Date: July 2, 2015
Citation: 2012-CT-00811-SCT
Docket Number: 2012-CT-00811-SCT
Justia Opinion Summary: Milton Harper, the managing partner and president of Banks, Finley, White & Company of Mississippi (“Banks”), suffered a severe stroke in August 2000, and died of another stroke in July 2001. His dependents sued Banks…
Date: July 2, 2015
Citation: 2012-CT-01574-SCT
Docket Number: 2012-CT-01574-SCT
Justia Opinion Summary: Richard Chapman was serving a life sentence in the custody of the Mississippi Department of Corrections. He never had a direct appeal (through no apparent fault of his own), and his trial record allegedly has been…
Date: July 2, 2015
Citation: 2012-CT-01676-SCT
Janna Harris's Petition for Writ of Certiorari is denied. Winston Harris's Motion to Set Aside Order Allowing Appellant Additional Time to file Petition for Writ of Certiorari is dismissed as moot. To Deny Petition for Writ of Certiorari: All Justices. To Deny Motion To Set Aside Order: All Justices. Order entered.
Date: July 2, 2015
Citation: 2012-CT-02004-SCT
Docket Number: 2012-CT-02004-SCT
Justia Opinion Summary: A jury convicted Vance Drummer of two counts of grand larceny and one count of attempted grand larceny in 2012. The trial court granted the State’s request for a flight instruction because Drummer, after absconding with…
Date: July 2, 2015
Citation: 2013-CT-00024-SCT
Docket Number: 2013-CT-00024-SCT
Justia Opinion Summary: A former employee claimed he was discharged for reporting his employer’s illegal activity. The employee sought to bring a wrongful-discharge claim under a public-policy exception to his at-will employment status. Because…
Date: July 2, 2015
Citation: 2013-CT-00035-SCT
Docket Number: 2013-CT-00035-SCT
Justia Opinion Summary: Ray Dillard attempted to collect workers' compensation benefits from the president and majority shareholder of his employer. In 1997, The Commission held that Dillard suffered a compensable injury. After the mandate…
Date: July 2, 2015
Citation: 2013-CT-00081-SCT
Docket Number: 2013-CT-00081-SCT
Justia Opinion Summary: The City of Madison enacted an ordinance requiring landlords to obtain a license for each unit of rental property. The Rental Inspection and Property Licensing Act (RIPLA) conditioned the grant of a license on the…
Date: July 2, 2015
Citation: 2013-CT-00305-SCT
Docket Number: 2013-CT-00305-SCT
Justia Opinion Summary: Michael Taylor was convicted in 2012 of possessing stolen property. He was sentenced as a habitual offender to ten years in prison. Taylor testified in his own defense at trial. During cross-examination, the State…
Date: July 2, 2015
Citation: 2013-CT-00842-SCT
The Petition for Writ of Certiorari filed by Timberland Management Services, Inc., and Michael J. Daughdrill 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: July 2, 2015
Citation: 2013-CT-00942-SCT
The Petition for Writ of Certiorari filed by Carl E. Sanders, pro se, is dismissed. Order entered.
Date: July 2, 2015
Citation: 2013-CT-01388-SCT
The Petition for Writ of Certiorari filed by the Appellees is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Dickinson, P.J., not participating. Order entered.
Date: July 2, 2015
Citation: 2013-CT-01548-SCT
The Petition for Writ of Certiorari filed by Johnny Reb Aviation, LLC, is denied. To Deny: Waller, C.J., Randolph, P.J., Kitchens, Chandler, King and Coleman, JJ. To Grant: Dickinson, P.J., and Pierce, J. Lamar, J., not participating. Order entered.
Date: July 2, 2015
Citation: 2013-CT-01942-SCT
The Petition for Writ of Certiorari filed by Linde Gas and Zurich American Insurance Company is denied. To Deny: All Justices. Order entered.
Date: July 2, 2015
Citation: 2013-CT-02081-SCT
The Petition for Writ of Certiorari filed by Rickey Sturkey, pro se, is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ. Order entered.
Date: July 2, 2015
Citation: 2013-CT-02091-SCT
The Petition for Writ of Certiorari filed by Jeremy Edwards 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 25, 2015
Citation: 2013-CT-00173-SCT
Petition for Writ of Certiorari filed by Eric Wallace was granted by order of this Court on January 8, 2015. 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. Lamar, J., for the Court. Order entered.
Date: June 25, 2015
Citation: 2013-CT-00289-SCT
The Petition for Writ of Certiorari filed by James Magee is denied. To Deny: All Justices. Order entered.
Date: June 25, 2015
Citation: 2013-CT-01487-SCT
The Petition of Writ of Certiorari filed pro se by Wendell Duncan is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
Date: June 25, 2015
Citation: 2013-CT-01718-SCT
The Petition for Writ of Certiorari filed by counsel for James John Rodgers is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Not Participating: Waller, C.J. Order entered.
Date: June 25, 2015
Citation: 2013-DP-00087-SCT
Docket Number: 2013-DP-00087-SCT
Justia Opinion Summary: David and Kim Cox had two children of their marriage, D.C. and J.C. Cox was the stepfather of Kim's daughter, L.K., born in April 1998. The couple separated in 2009 after L.K. told Kim that Cox had raped her. Kim…
Date: June 25, 2015
Citation: 2013-IA-01139-SCT
Docket Number: 2013-IA-01139-SCT
Justia Opinion Summary: Plaintiffs Jourdan Rivers Estates, LLC (JRE) and Jourdan River Resort and Yacht Club (Yacht Club), filed suit for damages in December 2011 against Defendants Scott Favre, Cindy Favre, Jefferson Parker, and CB Partners,…
Date: June 25, 2015
Citation: 2013-KA-01768-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: June 25, 2015
Citation: 2015-AD-00001
Pursuant to the Order of the Court dated April 10, 2008, the Court, through the AOC, has been developing the Mississippi Electronic Courts (MEC) system to provide efficient management of the business in the courts of the state and to accommodate electronic filing by litigants. Having considered the need and desire to provide a means for pro bono publicus attorneys to register for use of the MEC system, the Court finds that upon receipt of the pro bono publicus attorney affidavit referenced in MRAP 46(f)(3), the Clerk of Appellate Courts shall issue a tracking number to the pro bono publicus attorney for use in registration with MEC. Not Participating: Lamar, Kitchens and Chandler, JJ. Order entered.</ul><br><hr>
Date: June 18, 2015
Citation: 2012-CT-00147-SCT
The Petition for Writ of Certiorari filed by Appellant Natchez-Adams School District is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Not Participating: Lamar, J. Order entered.
Date: June 18, 2015
Citation: 2012-CT-01629-SCT
The Notice of Withdrawal of Emergency Motion for Enforcement of Stay filed by Sharon Sampson and Highland Park Apartments Emergency, LLC, is granted. The Emergency Motion for Enforcement of Stay filed by Sharon Sampson and Highland Park Apartments, LLC, is dismissed upon entry of this order. Waller, C.J., not participating. Order entered.
Date: June 18, 2015
Citation: 2012-DP-01500-SCT
Docket Number: 2012-DP-01500-SCT
Justia Opinion Summary: The Circuit Court of Copiah County convicted David Dickerson of capital murder, arson, and armed robbery. The jury sentenced him to death for the capital murder conviction; he was sentenced to twenty years for arson and…
Date: June 18, 2015
Citation: 2013-CT-01007-SCT
The Petition for Writ of Certiorari filed by counsel for SKL Investments, 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: June 18, 2015
Citation: 2013-CT-01169-SCT
The Petition for Writ of Certiorari filed by David Lambert and Mark Holmes is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Order entered.
Date: June 18, 2015
Citation: 2013-CT-01365-SCT
The Petition for Writ of Certiorari filed by Earl Lee Wright is dismissed. Order entered.
Date: June 18, 2015
Citation: 2013-CT-01540-SCT
The Petition for Writ of Certiorari filed by Clayton Hickey is denied. To Deny: All Justices. Order entered.
Date: June 18, 2015
Citation: 2013-DR-01624-SCT
Bobby Batiste's Motion to Seal Documents is denied. The documents on file as an exhibit to Batiste's Supplement to Petitioner's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief are hereby unsealed. 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: June 18, 2015
Citation: 2014-JP-01184-SCT
Docket Number: 2014-JP-01184-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance determined that Chancellor Talmadge Littlejohn has violated multiple Canons of Judicial Conduct. In March 2012, Chancellor Littlejohn modified a 2001 Agreed Order of…
Date: June 18, 2015
Citation: 2014-KA-00340-SCT
Docket Number: 2014-KA-00340-SCT
Justia Opinion Summary: After a federal court declared Mack Arthur King ineligible for the death penalty under "Atkins v. Virginia," the circuit court sentenced him to life without parole. King filed a motion objecting to being sentenced to…
Date: June 11, 2015
Citation: 2012-CT-01757-SCT
The Petition for Writ of Certiorari filed by counsel for petitioners is granted. To Grant: Dickinson, P.J., Kitchens, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Chandler and Coleman, JJ. Not Participating: Lamar, J. Order entered.
Date: June 11, 2015
Citation: 2012-UR-01108-SCT
Docket Numbers: 2012-UR-01108-SCT, 2013-UR-00477-SCT
Justia Opinion Summary: Thomas Blanton petitioned the Mississippi Supreme Court to invalidate rate increases approved by the Public Service Commission for Mississippi Power Company (“MPC”). After review of the controlling law and statutes, the…
Date: June 11, 2015
Citation: 2013-CT-00608-SCT
Docket Number: 2013-CT-00608-SCT
Justia Opinion Summary: Patrick Fluker filed a motion for post-conviction relief (PCR). A grand jury indicted Fluker for one count of armed robbery. As the result of plea bargaining, Fluker entered a guilty plea. The circuit court sentenced him…
Date: June 11, 2015
Citation: 2013-KA-01585-SCT
Docket Number: 2013-KA-01585-SCT
Justia Opinion Summary: Andy Brown was indicted and convicted for murder in the stabbing death of Earlie Balford. On appeal, Brown argued: (1) he was provided ineffective assistance of counsel; (2) the trial court erred by excluding Brown’s…
Date: June 11, 2015
Citation: 2013-UR-00477-SCT
The Motion for Rehearing filed by Mississippi Power Company is denied. The Motion for Rehearing filed by Mississippi Public Service Commission is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. See opinions of this Court handed down this date.
Date: June 11, 2015
Citation: 2014-M-00893
Davis's Application for Leave to Proceed in the Trial Court is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: June 11, 2015
Citation: 2015-TS-00431-SCT
Date: June 4, 2015
Citation: 2012-CT-01066-SCT
The Petition for Writ of Certiorari filed by counsel for Michael T. Anderson 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: June 4, 2015
Citation: 2013-CT-00938-SCT
The Petition for Writ of Certiorari filed by Brandon L. Holcomb is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Chandler, J. Order entered.
Date: June 4, 2015
Citation: 2013-CT-01349-SCT
Appellant's Petition for Writ of Certiorari to the Mississippi Supreme Court is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.
Date: June 4, 2015
Citation: 2014-CA-00592-SCT
Docket Number: 2014-CA-00592-SCT
Justia Opinion Summary: Appellant Mississippi Bureau of Narcotics (“the State”) had a search warrant signed and executed at the home of Bobby Ray Canada and Beverly Turman. Section one of the warrant, where the location for the search to be…
Date: June 4, 2015
Citation: 2014-IA-01576-SCT
Respondent Don Mitchell's motion to sever and dismiss Don Mitchell from consolidated interlocutory appeal is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.
Date: June 4, 2015
Citation: 2014-IA-01577-SCT
Respondent Don Mitchell's motion to sever and dismiss Don Mitchell from consolidated interlocutory appeal is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.
Date: June 4, 2015
Citation: 2014-IA-01578-SCT
Respondent Don Mitchell's motion to sever and dismiss Don Mitchell from consolidated interlocutory appeal is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.
Date: June 4, 2015
Citation: 2015-AD-00001
Date: June 4, 2015
Citation: 2015-CA-00605-SCT
The Appellee's brief shall be filed with this Court on or before Monday, June 1, 2015 by 12:00 p.m. The Mississippi Legislature's Reply brief shall be filed with this Court on or before Thursday, June 4, 2015 by 12:00 p.m. Lamar, J., not participating. Order entered.
Date: June 4, 2015
Citation: 2015-JP-00246-SCT
Date: May 28, 2015
Citation: 2013-CA-00318-SCT
The Motion for Rehearing filed by the Appellees is denied. Randolph, P.J., Pierce and Coleman, JJ., not participating.
Date: May 28, 2015
Citation: 2013-CA-01027-SCT
The Motion for Rehearing filed by the Appellant is denied. Chandler, J., not participating.
Date: May 28, 2015
Citation: 2013-CT-00434-SCT
Michael Jackson's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Chandler and Coleman, JJ. Order entered.
Date: May 28, 2015
Citation: 2013-CT-00961-SCT
The Petition for Writ of Certiorari filed by Kenneth Blake Watkins 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: May 28, 2015
Citation: 2013-CT-00972-SCT
The Petition for Writ of Certiorari filed by the Mississippi Department of Public Safety is granted. To Grant: All Justices. Order entered.
Date: May 28, 2015
Citation: 2013-CT-01037-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Grant: Randolph, P.J., Lamar and Pierce, JJ. Not Participating: Waller, C.J. Order entered.
Date: May 28, 2015
Citation: 2013-CT-01194-SCT
The Petition for Writ of Certiorari filed by Fred Harrell is granted. To Grant: All Justices. Order entered.
Date: May 28, 2015
Citation: 2013-IA-01479-SCT
Docket Number: 2011-IA-01479-SCT
Justia Opinion Summary: Phillip and Paige Faucheux were a military couple who moved frequently during the early years of their marriage. In early 2002, Phillip got a job as a pilot with FedEx in Memphis, so the couple moved to Southaven,…
Date: May 21, 2015
Citation: 2012-CT-01176-SCT
The Motion for Rehearing filed by the Appellees is denied. Randolph, P.J., Pierce and Coleman, JJ., would grant.
Date: May 21, 2015
Citation: 2012-CT-01300-SCT
The petition for writ of certiorari filed by Glenda Cascio was granted on February 11, 2015, 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 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: May 21, 2015
Citation: 2012-CT-01502-SCT
The Petition for Writ of Certiorari filed by Corey Lathan is denied. To Deny: All Justices. Order entered.
Date: May 21, 2015
Citation: 2013-CT-00063-SCT
Docket Number: 2013-CT-00063-SCT
Justia Opinion Summary: James and Melanie Hanlin were divorced in 2007 and entered a property settlement agreement, a term of which required that James maintain military healthcare coverage “allowable by statute” for Melanie. After the divorce,…
Date: May 21, 2015
Citation: 2013-CT-00783-SCT
The Petition for Writ of Certiorari filed by Jeffery Mitchum is denied. To Deny: All Justices. Order entered.
Date: May 21, 2015
Citation: 2013-CT-01558-SCT
The Motion to Issue Order to Temporary Stay Proceedings filed by Brian Williams is denied. The Petition for Writ of Certiorari filed by Williams is dismissed. Order entered.
Date: May 21, 2015
Citation: 2013-CT-01630-SCT
The Petition for Writ of Certiorari filed by Kep LaFoon is denied. To Deny: All Justices. Order entered.
Date: May 21, 2015
Citation: 2013-DR-01796-SCT
Within ten (10) days of the entry of this order, the State of Mississippi shall file a response to the Motion to Seal Documents, and to the Motion to Withdraw Incorrect Electronically-Filed Exhibits 53 and to Withdraw Exhibit 15 and Substitute it with a Redacted Exhibit 15. Agreeing with this Order: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. Disagreeing with this Order: Dickinson and Randolph, P.JJ., and Coleman, J. Order entered.
Date: May 21, 2015
Citation: 2013-IA-02068-SCT
Date: May 21, 2015
Citation: 2013-KA-00772-SCT
Docket Number: 2013-KA-00772-SCT
Justia Opinion Summary: Charles Burleson II appealed his conviction and sentence for capital murder (with the underlying felony of robbery). Finding that the trial court erred in amending Burleson’s indictment to charge him as a violent…
Date: May 21, 2015
Citation: 2014-JP-01309-SCT
Docket Number: 2014-JP-01309-SCT
Justia Opinion Summary: The Commission on Judicial Performance filed a formal complaint against Rickey W. Thompson, Justice Court Judge, District 4, Lee County, charging him with judicial misconduct constituting violations of Canons 1, 2A, 2B,…
Date: May 21, 2015
Citation: 2015-M-00267
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00268
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00269
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00270
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00271
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00272
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00273
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00274
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00275
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00276
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00277
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00278
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00279
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00280
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00281
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00282
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00283
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00284
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00285
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00286
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00287
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00288
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00289
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00290
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00291
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00292
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00293
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00294
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00295
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00296
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00303
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00304
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00305
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00306
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00307
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00308
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00309
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00310
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00311
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00312
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00313
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00314
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00315
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00316
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00317
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00318
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00319
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00320
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00321
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00322
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00323
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00324
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00325
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00326
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 21, 2015
Citation: 2015-M-00327
The Court finds that the Motions for Leave to File Briefs of Amicus Curiae should be granted. Except to the extent provided otherwise in the foregoing findings and orders, all other motions pending in this matter are denied. The Clerk of this Court should file this order in each of the Cause Numbers that are listed within the order. Agrees in Result Only: Coleman, J. Kitchens, J., Agrees in Part and Disagrees In Part with Separate Written Statement Joined by King, J. Chandler, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined in Part by Kitchens and King, JJ. King, J., Agrees in Part and Disagrees in Part with Separate Written Statement Joined by Kitchens, J. Order entered.
Date: May 14, 2015
Citation: 2010-CT-01780-SCT
The Motion for Rehearing filed by the Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
Date: May 14, 2015
Citation: 2012-CA-01153-SCT
The Appellee's Motion for Suspension of the Rules for the Privilege of Oral Argument is denied. The relief requested in the Appellee's Response to Appellant's Motion to Strike and for Sanctions is denied. Chandler, J., would grant. Order entered.
Date: May 14, 2015
Citation: 2013-CT-00286-SCT
Docket Number: 2013-CT-00286-SCT
Justia Opinion Summary: The City of Richland began enforcing a zoning ordinance that regulated nonconforming uses, and as a result, prohibited Cleveland MHC, LLC from replacing mobile homes that were removed from its property. The circuit court…
Date: May 14, 2015
Citation: 2013-CT-00630-SCT
The Petition for Writ of Certiorari filed by Elijah Strong is granted. To Grant: Waller, C.J., Lamar, Pierce, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., and Kitchens, J. Not Participating: Chandler, J. Order entered.
Date: May 14, 2015
Citation: 2013-CT-00658-SCT
The Petition for Writ of Certiorari filed by Richard C. Swenson is denied. To Deny: All Justices. Order entered.
Date: May 14, 2015
Citation: 2013-CT-00669-SCT
The Petition for Writ of Certiorari filed by Gyrone McSwain is denied. To Deny: All Justices. Order entered.
Date: May 14, 2015
Citation: 2013-CT-01290-SCT
The Petition for Writ of Certiorari filed by the Amory School District 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: May 14, 2015
Citation: 2013-IA-01063-SCT
Docket Number: 2013-IA-01063-SCT
Justia Opinion Summary: More than three years after learning his insurance policy had expired and his agent had not procured a replacement, Joe Tally sued his insurance agent, Ronald McMorris, claiming he “breached a standard of care recognized…
Date: May 14, 2015
Citation: 2015-TS-00605-SCT
The Motion to Dismiss Appeal filed by the House Intervenors is passed for consideration with the merits of this appeal. Order entered.
Date: May 8, 2015
Citation: 2013-IA-01728-SCT
Docket Number: 2013-IA-01728-SCT
Justia Opinion Summary: The DeSoto County School District entered into a contract with a private entity called the Mississippi High School Activities Association (“MHSAA”). The terms of the contract allowed MHSAA to decide whether School…
Date: May 7, 2015
Citation: 1999-DP-01185-SCT
The Motion for Attorney Fees and Expenses is granted. To Grant: All Justices. Order entered.
Date: May 7, 2015
Citation: 2011-DP-00410-SCT
Docket Number: 2011-DP-00410-SCT
Justia Opinion Summary: In, 2008, emergency personnel responded to reports of a house fire in Biloxi. In their efforts to extinguish the flames, firefighters discovered the remains of a human body in a bedroom of the house. Dental records would…
Date: May 7, 2015
Citation: 2012-CA-00107-SCT
Date: May 7, 2015
Citation: 2012-CT-00396-SCT
The Petition for Writ of Certiorari filed by Certis Ratliff is denied. To Deny: All Justices. Order entered.
Date: May 7, 2015
Citation: 2012-CT-00863-SCT
Docket Number: 2012-CT-00863-SCT
Justia Opinion Summary: Jordan Davis was indicted for one count of auto theft, one count of grand larceny of a tractor, and one count of receiving stolen property concerning the same tractor. Davis was acquitted of auto theft and grand larceny…
Date: May 7, 2015
Citation: 2012-CT-01629-SCT
Docket Number: 2012-CT-01629-SCT
Justia Opinion Summary: After Nekole Bennett and her children suffered personal injuries during a home-invasion robbery, they filed this premises-liability action against their apartment complex (Highland Park) and the complex's manager (Sharon…
Date: May 7, 2015
Citation: 2012-CT-01947-SCT
The Motion for Petition for Writ of Certiorari, M.R.A.P. Rule 17(b) filed by Tyrune Paty is denied. To Deny: All Justices.
Date: May 7, 2015
Citation: 2013-CA-00882-SCT
The Motion for Attorney Fees and Expenses is granted. To Grant: All Justices. Order entered.
Date: May 7, 2015
Citation: 2013-CA-02133-SCT
Docket Number: 2013-CA-02133-SCT
Justia Opinion Summary: The conservators of Soon San Pak's estate filed suit against their two attorneys, Harrison County, the Harrison County Chancery Clerk, John McAdams, and the guardian ad litem appointed for Mrs. Pak, after the previously…
Date: May 7, 2015
Citation: 2013-CT-00030-SCT
The Petition for Writ of Certiorari filed by James C. Newell 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 7, 2015
Citation: 2013-CT-00661-SCT
The Petition for Writ of Certiorari filed by Appellant is denied. To Deny: All Justices. Order entered.
Date: May 7, 2015
Citation: 2013-CT-01045-SCT
The Petition for Writ of Certiorari filed by Joseph Kittrell 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: May 7, 2015
Citation: 96-DP-00943-SCT
The Motion for Attorney Fees and Expenses is granted. To Grant: All Justices. Order entered.
Date: April 30, 2015
Citation: 2009-KA-00560-SCT
Docket Number: 2009-KA-00560-SCT
Justia Opinion Summary: Michael Taylor was convicted of aggravated assault and sentenced to five years. In 2007, Michelle Finney arrived at a child’s birthday party and parked her car on the street, blocking Taylor’s car in a driveway. An…
Date: April 30, 2015
Citation: 2012-CT-00326-SCT
The Petition for Writ of Certiorari filed by Donald Breeden is denied. To Deny: All Justices. Order entered.
Date: April 30, 2015
Citation: 2012-CT-01232-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Date: April 30, 2015
Citation: 2012-KA-01781-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and Coleman, JJ., would grant. King, J., not participating.
Date: April 30, 2015
Citation: 2013-CT-00554-SCT
The Appellant's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Pierce, J. not participating. Order entered.
Date: April 30, 2015
Citation: 2013-CT-00845-SCT
The Petition for Writ of Certiorari filed pro se by Thomas J. Hooghe is dismissed. Order entered.
Date: April 30, 2015
Citation: 2013-CT-01034-SCT
The Petition for Writ of Certiorari filed by Appellant 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: April 30, 2015
Citation: 2013-IA-00384-SCT
Docket Number: 2013-IA-00384-SCT
Justia Opinion Summary: Kyle and Marla Moore timely filed a medical malpractice suit against St. Dominic Hospital, Jackson Neurosurgery Clinic, and several physicians, claiming that the physicians and hospital had been negligent in treating…
Date: April 30, 2015
Citation: 2013-SA-01574-SCT
Docket Number: 2013-SA-01574-SCT
Justia Opinion Summary: Vincent Castigliola, a Mississippi resident, bought a yacht in Florida from Mark Fallon, an Ohio resident. Fallon, who is not in the business of buying or selling boats, sold the boat to Castigliola, who also is not in…
Date: April 30, 2015
Citation: 2014-KA-00404-SCT
Docket Number: 2014-KA-00404-SCT
Justia Opinion Summary: Tyrone Boyd was convicted under Mississippi Code section 9705033(6) for the exploitation of a child. He was sentenced to twelve years in prison with seven to serve, five suspended and probation. Boyd appealed that…
Date: April 23, 2015
Citation: 2009-CT-01793-COA
The Motion to Stay Mandate pending Petition for Writ of Certiorari to the Supreme Court of the United States filed pro se by Appellant is granted. The mandate of this Court is stayed until final disposition of this matter by the United States Supreme Court. Order entered.
Date: April 23, 2015
Citation: 2012-CA-01748-SCT
Docket Number: 2012-CA-01748-SCT
Justia Opinion Summary: The City of Horn Lake contracted with Phillips Construction Company and its owner Michael Phillips (collectively “Phillips”) to work on a sewer project. Two employees of Phillips, Bertram Hill and David Mooneyhan, were…
Date: April 23, 2015
Citation: 2012-CT-01548-SCT
The Motion to Stay Mandate pending Petition for Writ of Certiorari to the Supreme Court of the United States filed pro se by Appellant is granted. The mandate of this Court is stayed until final disposition of this matter by the United States Supreme Court. Order entered.
Date: April 23, 2015
Citation: 2013-CA-01089-SCT
Docket Number: 2013-CA-01089-SCT
Justia Opinion Summary: Ricky Chase filed a motion for post-conviction relief (PCR), arguing that he was intellectually disabled under "Atkins v. Virginia," (536 U.S. 304 (2002)), and exempt from execution. The circuit court denied relief,…
Date: April 23, 2015
Citation: 2013-CA-01392-SCT
The Motion for Rehearing filed by the Appellants is denied.
Date: April 23, 2015
Citation: 2013-CA-02124-SCT
Docket Number: 2013-CA-02124-SCT
Justia Opinion Summary: Cynthia Woodall filed this wrongful-death action against AAA Ambulance Service, Inc., and Phillip McKey, AAA emergency medical technician-paramedic. In 2010, Cynthia Woodall’s husband suffered a cardiac arrest while…
Date: April 23, 2015
Citation: 2013-CT-00035-SCT
The Petition for Writ of Certiorari filed by Robert Houston Dillard 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: April 23, 2015
Citation: 2013-CT-00406-SCT
Docket Number: 2013-CT-00406-SCT
Justia Opinion Summary: After the Lowndes County Board of Supervisors voted to abandon a railroad crossing, the county put up a barricade. Residents affected by the barricade filed two separate motions for reconsideration, and the Board held a…
Date: April 23, 2015
Citation: 2013-CT-00681-SCT
The Motion to Recall Mandate filed by Christopher Conway Boyd is denied. The Petition for Writ of Certiorari filed by Boyd is dismissed. Order entered.
Date: April 23, 2015
Citation: 2013-CT-00684-SCT
The Motion to Recall Mandate filed by Christopher Conway Boyd is denied. The Petition for Writ of Certiorari filed by Boyd is dismissed. Order entered.
Date: April 23, 2015
Citation: 2013-DR-01624-SCT
The Motion to Stay Post-Conviction Proceedings Allow Supplemental Briefing and Allow Trial Court to Maintain Jurisdiction on Pending Discovery Matters is granted. Post-Conviction proceedings in this matter shall be stayed for a period of thirty (30) days after the entry of this order. No further stays will be granted absent proper justification from the parties. Batiste may file a supplemental brief within ten (10) days after the thirty-day stay. Within Ten (10) days after the filing of Batiste's supplemental brief, the State of Mississippi may file a response. Order entered.
Date: April 23, 2015
Citation: 2013-IA-02104-SCT
Docket Number: 2013-IA-02104-SCT
Justia Opinion Summary: In an interlocutory appeal, the City of Magee challenged the Simpson County Circuit Court’s denial of its motion for summary judgment against Connie Jones, arguing that Jones’s claim was barred by the…
Date: April 23, 2015
Citation: 2013-KA-01240-SCT
Docket Number: 2013-KA-01240-SCT
Justia Opinion Summary: Joe Cook was convicted on two counts of sexual battery on his girlfriend’s daughter and for one count of directing or causing a felony to be committed by the girlfriend’s son. Cook was sentenced as an habitual offender…
Date: April 23, 2015
Citation: 2013-KA-01742-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: April 23, 2015
Citation: 2014-CA-00009-SCT
Docket Number: 2014-CA-00009-SCT
Justia Opinion Summary: Thirty-eight years after going to work for T.P. Groome, breaking up concrete culverts with a jackhammer, plaintiff Huey Holmes was diagnosed with silicosis. In six years that Homles worked for Groome, he was exposed to…
Date: April 23, 2015
Citation: 2014-KA-00038-SCT
Docket Number: 2014-KA-00038-SCT
Justia Opinion Summary: Jason Isham was convicted on one count of felonious child abuse. His wife’s two-year-old son, Tommy, was for a severe, traumatic brain injury, which caused severe swelling of the child’s brain, stroke, and permanent…
Date: April 16, 2015
Citation: 2012-CT-00711-SCT
Rule 17(e) is suspended and the Petition for Writ of Certiorari filed by Denise J. Irle is granted. To Suspend the Rules and Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Suspend the Rules and Deny: Randolph, P.J. Order entered.
Date: April 16, 2015
Citation: 2012-CT-01512-SCT
The Petition for Writ of Certiorari filed by Allstate Indemnity Company 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: April 16, 2015
Citation: 2013-CA-01643-SCT
Docket Number: 2013-CA-01643-SCT
Justia Opinion Summary: The narrow question presented by this case for the Supreme Court's review was whether the expungement of a misdemeanor, fourth-degree, sexual-offense conviction in another state by the court that entered the conviction…
Date: April 16, 2015
Citation: 2013-CT-00258-SCT
The Petition for Writ of Certiorari filed by Terry H. Logan, Sr. and Beverly W. Logan is granted. To Grant: All Justices. Order entered.
Date: April 16, 2015
Citation: 2013-CT-00459-SCT
The Petition for Writ of Certiorari filed by Susan Ilsley is dismissed. Susan Ilsley's Motion to Accept Petition for Certiorari out of time, Timothy Ilsley's Response to Motion to Accept Petition for Certiorari out of time, Timothy Ilsley's Motion for Additional time, and Susan Ilsley's Motion for Leave of Court to File Response to Appellee's Motion for Time and Rebuttal to Appellee's Response to Appellant's Motion to Accept Petition for Certiorari out of time are dismissed as moot. Order entered.
Date: April 16, 2015
Citation: 2013-CT-00761-SCT
The Petition for Writ of Certiorari filed by Jairus Collins 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 16, 2015
Citation: 2013-CT-01181-SCT
The Petition for Writ of Certiorari filed by Antonio Daniel Wallace is denied. To Deny: All Justices. Order entered.
Date: April 16, 2015
Citation: 2013-IA-01529-SCT
Docket Number: 2013-IA-01529-SCT
Justia Opinion Summary: At trial, a defendant referred to a document that should have been produced in discovery but was not. In view of this revelation, the plaintiff filed two post-trial motions: one asking for new trial, judgment as a matter…
Date: April 16, 2015
Citation: 2013-IA-01982-SCT
Docket Number: 2013-IA-01982-SCT
Justia Opinion Summary: A domestic dispute led a justice court judge to issue an arrest warrant for T.D., and then cancel the warrant after she complied with the judge’s order to attend an anger-management course. However, because the justice…
Date: April 16, 2015
Citation: 2013-KA-00481-SCT
Docket Number: 2013-KA-00481-SCT
Justia Opinion Summary: Jamil Chancellor was convicted by jury of armed robbery and armed carjacking. He was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections (MDOC) with ten years suspended on each…
Date: April 16, 2015
Citation: 2014-DP-00177-SCT
The Motion to Expand the Scope of Remand to Trial Court to Correct Record filed by James Cobb Hutto, III, is granted. On remand, the trial court shall conduct further proceedings consistent with this Order. Order entered.
Date: April 16, 2015
Citation: 2014-KA-00087-SCT
Docket Number: 2014-KA-00087-SCT
Justia Opinion Summary: In its prosecution of Larry Collier for selling controlled substances, the State called a seasoned felon-turned-confidential-police-informant who provided untruthful testimony about previous criminal convictions, and…
Date: April 16, 2015
Citation: 2014-M-01688
The Petition for Interlocutory Appeal by Permission filed by Robert Germany is denied. To Deny: Waller, C.J., Lamar, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ., and Chandler, J. Kitchens, J., Not Participating. Order entered.
Date: April 16, 2015
Citation: 2014-M-01715-SCT
The Petition for Interlocutory Appeal by Permission filed by Holly S. Morgan is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. Kitchens, J., Not Participating. Order entered.
Date: April 9, 2015
Citation: 2013-CA-01411-SCT
Docket Number: 2013-CA-01411-SCT
Justia Opinion Summary: Janet Olier was attacked and chased by a domestic goose in Donna Bailey's yard. In attempting to flee, she fell and broke her arm. Olier sued Bailey under a theory of premises liability and, alternatively, under the…
Date: April 9, 2015
Citation: 2013-DR-00327-SCT
Le's Petition for Extraordinary Relief is denied. Le's Motion to Stay is denied. Le's supplement to his Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is due on or before May 11, 2015. All Justices Agree. Order entered.
Date: April 9, 2015
Citation: 2013-DR-01796-SCT
Galloway's Motion for Leave to File Response to State's Reply in Support of Motion to Disqualify Counsel is granted. The State's request to strike Galloway's surrebuttal is denied. The State's Motion to Disqualify Counsel is denied. Agree: All Justices. Order entered.
Date: April 9, 2015
Citation: 2013-KA-00389-SCT
The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., and Pierce, J., would grant.
Date: April 9, 2015
Citation: 2014-IA-00388-SCT
This appeal is dismissed. All costs of this appeal are assessed to the Appellants. Order entered.
Date: April 9, 2015
Citation: 2015-M-00397
Hinds County Circuit Court Judge Jeff Weill, Sr., shall have until Friday, April 10, 2015, to submit to the Court a detailed account of the factual basis or bases, including any transcripts, affidavits, or other documents in support, for his decision to refuse to allow Allison Kelly, Esq., to appear in court before him, and to provide any additional legal argument supporting his right, if any, to do so. The Petitioner and Allison Kelly, Esq., shall have until Wednesday, April 15, 2015, to submit a response thereto. Order entered.
Date: April 2, 2015
Citation: 2012-CT-01441-SCT
The Motion for Rehearing filed by the Appellee is denied.
Date: April 2, 2015
Citation: 2013-CA-00318-SCT
Docket Number: 2013-CA-00318-SCT
Justia Opinion Summary: Abutting landowners Clyde Gunn, D. Neil Harris, and Vecie Harris, filed suit to confirm title to a sand beach located to the south of a road and seawall in Ocean Springs. The State, Jackson County, and the City of Ocean…
Date: April 2, 2015
Citation: 2013-CA-01490-SCT
Docket Number: 2013-CA-01490-SCT
Justia Opinion Summary: This appeal arose out of the tax sale of a piece of property located in the City of Horn Lake in DeSoto County. Until August 2003, Millennium of Mississippi, LLC, owned the property in question. On August 4, 2003,…
Date: March 26, 2015
Citation: 2010-DP-01348-SCT
The Motion for Rehearing filed by counsel for Curtis Flowers is denied. To Grant: Dickinson, P.J., Kitchens and King, JJ.
Date: March 26, 2015
Citation: 2013-CA-00401-SCT
The Motion to Clarify the Mandate filed by Appellant Kenyatta Cheeks is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Coleman, J. Order entered.
Date: March 26, 2015
Citation: 2013-CA-01130-SCT
Docket Number: 2013-CA-01130-SCT
Justia Opinion Summary: A jury convicted Sherwood Brown of one count of capital murder and two counts of murder and sentenced him to death. The Court granted Brown’s successive petition for post-conviction relief and allowed Brown to proceed in…
Date: March 26, 2015
Citation: 2013-CT-00531-SCT
The Petition for Writ of Certiorari filed by James Martin Busby is denied. To Deny: All Justices. Order entered.
Date: March 26, 2015
Citation: 2013-CT-00843-SCT
The Petition for Writ of Certiorari filed by counsel for Edmond Quintezes Mosley is dismissed. Order entered.
Date: March 26, 2015
Citation: 2013-CT-01050-SCT
The Petition for Writ of Certiorari filed by Courtney Nevels is denied. To Deny: All Justices. Order entered.
Date: March 26, 2015
Citation: 2013-IA-01951-SCT
Docket Number: 2013-IA-01951-SCT
Justia Opinion Summary: Greater Fairview Missionary Baptist Church’s pastor, Danny Ray Hollins, was placed on paid administrative leave after he was accused of inappropriate sexual contact with a minor. The church decided to hold a vote on…
Date: March 26, 2015
Citation: 2014-DR-01305-SCT
The "Ex Parte Motion for Addendum Affidavit in Support of Petition to Vacate Conviction . . ." filed pro se by Eddie Lee Howard, Jr., is denied. To Deny: All Justices. Order entered.
Date: March 26, 2015
Citation: 2014-IA-00436-SCT
Docket Number: 2014-IA-00436-SCT
Justia Opinion Summary: A nursing home employee filed a wrongful-discharge suit more than a year after she claimed she was fired for reporting suspected patient abuse. Although wrongful-discharge suits in Mississippi generally must be based…
Date: March 26, 2015
Citation: 2014-JP-00005-SCT
Date: March 26, 2015
Citation: 2014-KA-00157-SCT
Docket Number: 2014-KA-00157-SCT
Justia Opinion Summary: Robert Terrell was indicted on twenty counts of mail fraud, conspiracy to commit mail fraud, fraudulent use of identity, conspiracy to commit fraudulent use of identity, timber theft, conspiracy to commit timber theft,…
Date: March 26, 2015
Citation: 2015-JP-00246-SCT
Date: March 26, 2015
Citation: 2015-M-00332-SCT
The Motion to Dismiss Appellant's MRAP 48B Motion for Disqualification of Trial Judge, Application for Extraordinary Relief and Motion to Stay and for Sanctions filed by Cynthia N. Almond is denied in part regarding the motion to dismiss and for sanctions and granted in part regarding the request for a stay. The MRAP 10(e) and 10(f) Motion to Supplement Record and MRAP 48A(c) Motion for Permission to file Documents Under Seal filed by Singing River Health System is denied. The Motion for Access to Documents filed Under Seal filed by Michael Tolleson is dismissed as moot. The MRAP 48B Motion for Disqualification of Trial Judge, Application for Extraordinary Relief and Motion to Stay filed by Singing River Health System is granted. This matter is remanded to the Chancery Court of Jackson County for entry of an order of recusal consistent with this order. Further, the underlying cases are stayed pending appointment of another judge by this Court. Agree: Waller, C.J., Lamar, Kitchens, Chandler and King, JJ. Disagree: Dickinson, P.J. Not Participating: Randolph, P.J., Pierce and Coleman, JJ. Order entered.
Date: March 26, 2015
Citation: 89-R-99014-SCT
Date: March 19, 2015
Citation: 2012-CT-01155-SCT
The Petition for Writ of Certiorari filed pro se by Claude E. Pickett is denied. To Deny: All Justices. Order entered.
Date: March 19, 2015
Citation: 2012-CT-01470-SCT
The Petition for Writ of Certiorari filed by Ricky Shannon Pierce, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.
Date: March 19, 2015
Citation: 2012-CT-01885-SCT
The Petition for Writ of Certiorari filed by the Appellees is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J., and Chandler, J. Order entered.
Date: March 19, 2015
Citation: 2013-CA-00052-SCT
The Motion to Suspend the Rules and to Reassign Case to the Supreme Court is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Dickinson, P.J., and Pierce, J. Order entered.
Date: March 19, 2015
Citation: 2013-CA-01161-SCT
Date: March 19, 2015
Citation: 2013-CA-01535-SCT
Docket Number: 2013-CA-01535-SCT
Justia Opinion Summary: Lamar County wanted to withdraw from the Pat Harrison Waterway District, but a dispute arose over how much money the County needed to pay to get out. The chancery court found that Lamar County owed $337,088, excluding…
Date: March 19, 2015
Citation: 2013-CT-00446-SCT
The Petition for Writ of Certiorari filed by Robert and Beverly Lang is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Chandler J., not participating. Order entered.
Date: March 19, 2015
Citation: 2013-CT-00605-SCT
The Petition for Writ of Certiorari filed by counsel for Health Care Medical, Inc., and Valerie Harden Tolley is denied. To Deny: All Justices. Order entered.
Date: March 12, 2015
Citation: 2012-CT-00859-SCT
The Petition for Writ of Certiorari filed by Albert Donelson is denied. To Deny: All Justices. Order entered.
Date: March 12, 2015
Citation: 2012-CT-01176-SCT
Docket Number: 2012-CT-01176-SCT
Justia Opinion Summary: Willie Kinzie sued Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Donald Smith, Nikki Daggins, Ray Faja, Staffmark Investment, LLC, and John Does 1-5 (Belk Defendants) for injuries…
Date: March 12, 2015
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. Cook appealed to the County Court of Rankin County. At a trial de novo before the county court, Cook’s counsel moved to dismiss…
Date: March 12, 2015
Citation: 2012-CT-01835-SCT
The Petition for Writ of Certiorari filed by Mitchell Rodrigue is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Deny: Lamar and Pierce, JJ. Order entered.
Date: March 12, 2015
Citation: 2013-CA-00420-SCT
The Motion to Dismiss Appeal filed by counsel for the Appellants is granted. This matter is dismissed upon entry of this order, with each party to bear its own costs. To Agree: All Justices. Order entered.
Date: March 12, 2015
Citation: 2013-CT-00007-SCT
The Petition for Writ of Certiorari filed by Rico Wright and Alanna Wright is denied. To Deny: All Justices. Order entered.
Date: March 12, 2015
Citation: 2013-KA-01207-SCT
Docket Number: 2013-KA-01207-SCT
Justia Opinion Summary: Defendant-appellant Lawrence Byrd appealed his conviction for manslaughter and the twenty-year sentence he received. Byrd's appellate counsel certified to the Supreme Court that the record presented no arguable issues…
Date: March 12, 2015
Citation: 2013-SA-01905-SCT
The motion for rehearing filed by the Appellant is denied.
Date: March 5, 2015
Citation: 2012-CT-01232-SCT
Docket Number: 2012-CT-01232-SCT
Justia Opinion Summary: A jury convicted Ronald Hartfield of conspiracy to murder his wife but acquitted him of her murder. The circuit court sentenced Hartfield to twenty years in the custody of the Mississippi Department of Corrections.…
Date: March 5, 2015
Citation: 2012-CT-01629-SCT
The Petition for Writ of Certiorari filed by Highland Park Apartments, LLC, and Sharon Sampson is granted. To Grant: Dickinson and Randolph, P.JJ., Chandler, Pierce, King and Coleman, JJ. To Deny: Lamar and Kitchens, JJ. Not Participating: Waller, C.J. Order entered.
Date: March 5, 2015
Citation: 2013-KA-01768-SCT
Docket Number: 2013-KA-01768-SCT
Justia Opinion Summary: Jerome Totten was tried and convicted in 2013 for burglary of a dwelling and grand larceny. He was sentenced as a habitual offender to terms of twenty-five and ten years respectively, to be served concurrently. Totten…
Date: March 5, 2015
Citation: 2014-DP-00177-SCT
The Motion to Remand to Trial Court to Correct Record filed on behalf of James Cobb Hutto, III, is granted. The matter is remanded to the Second Judicial District of the Circuit Court of Hinds County for further proceedings consistent with this Order. To Grant: All Justices. Order entered.
Date: February 26, 2015
Citation: 2012-CT-01080-SCT
The Appellant/Cross-Appellee's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.
Date: February 26, 2015
Citation: 2013-CA-01142-SCT
Docket Number: 2013-CA-01142-SCT
Justia Opinion Summary: This appeal stemmed from the grant of summary judgment and a final judgment against Melanie Bosarge. The trial court found that Bosarge was individually liable for the deficiency balance after foreclosure under the terms…
Date: February 26, 2015
Citation: 2013-CA-01501-SCT
Docket Number: 2013-CA-01501-SCT
Justia Opinion Summary: In 1992, Clarence Jones pleaded guilty to murder for which he was sentenced to life in the custody of the Mississippi Department of Corrections. Jones' sentence was indefinitely suspended in 2004 by Governor Musgrove. He…