Supreme Court of Mississippi Decisions 2016
Opinions 1 - 500 of 502
Date: December 15, 2016
Citation: 2013-CA-02100-SCT
The Motion for Rehearing filed by Appellees is denied.
Date: December 15, 2016
Citation: 2013-CT-00475-SCT
The Petition for Writ of Certiorari filed pro se by Joseph Keys is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
Date: December 15, 2016
Citation: 2014-CA-01606-SCT
Docket Number: 2014-CA-01606-SCT
Justia Opinion Summary: Charles Crawford, a Mississippi death row inmate, filed a civil lawsuit, pursuant to 42 U.S.C. 1983, alleging various federal constitutional claims relating to the anesthetic, a compounded version of pentobarbital not…
Date: December 15, 2016
Citation: 2014-CT-00040-SCT
The Petition for Writ of Certiorari filed by Brandon Smith and Kimberly Wolfe Smith is granted. To Grant: Waller, C.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Deny: Dickinson, P.J., and Maxwell, J. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2014-CT-00534-SCT
The Petition for Writ of Certiorari filed by Consuelo Moreno Ratliff is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2014-CT-00615-SCT
Date: December 15, 2016
Citation: 2014-CT-00828-SCT
Marquis Charleston's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2014-CT-01295-SCT
The Petition for Writ of Certiorari filed by Appellants is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Coleman, Maxwell and Beam, JJ. To Deny: King, J. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2014-CT-01497-SCT
The Petition for Writ of Certiorari filed by James Earl Polk, Jr., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2014-CT-01545-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2015-CA-01484-SCT
Docket Number: 2015-CA-01484-SCT
Justia Opinion Summary: In the early-morning hours of New Year's Day 2012, sixteen-year-old Devin Mitchell was shot to death outside the apartment of his cousin, Queenie Walker, at Ridgewood East Apartments in West Point. Mitchell’s family sued…
Date: December 15, 2016
Citation: 2015-CT-00094-SCT
The Petition for Writ of Certiorari filed pro se by Robert E. Lewis, Jr., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Coleman and Beam, JJ. To Grant: King, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
Date: December 15, 2016
Citation: 2015-CT-00265-SCT
The Petition for Writ of Certiorari filed by Timothy Burns is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2015-CT-00521-SCT
The Petition for Writ of Certiorari filed pro se by David Jackson is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Beam, JJ. To Deny: Coleman, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
Date: December 15, 2016
Citation: 2015-DR-00591-SCT
Date: December 15, 2016
Citation: 2015-KA-00853-SCT
Docket Number: 2015-KA-00853-SCT
Justia Opinion Summary: Ceasar Johnson was convicted for being a felon in possession of a firearm and for the 2012 murder of Gregory Johnson. He was sentenced to life in prison. He appealed, arguing: (1) because the State’s case rested solely…
Date: December 15, 2016
Citation: 2016-M-00938
The Motion for Leave to Proceed in Forma Pauperis is granted. The Application for Leave to File Motion to Vacate Conviction and Sentence is denied. Agree: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ. Disagree: Kitchens and King, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 15, 2016
Citation: 2016-M-01115-SCT
The Petition for Review of Order Denying Recusal Motion Pursuant to Rule 48B of the Mississippi Rules of Appellate Procedure filed by the Hinds County Board of Supervisors is denied. All Justices Agree. Order entered.
Date: December 8, 2016
Citation: 2013-CT-02126-SCT
Timothy McCoy's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
Date: December 8, 2016
Citation: 2014-CA-00829-SCT
The Motion for Rehearing filed by Appellants is denied. Randolph, P.J., not participating.
Date: December 8, 2016
Citation: 2014-CT-00332-SCT
The Petition for Writ of Certiorari filed by counsel for the Petitioners is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Maxwell, J. Not Participating: Randolph, P.J., and Beam, J. Order entered.
Date: December 8, 2016
Citation: 2014-CT-01146-SCT
The Petition for Writ of Certiorari filed by counsel for Jermaine Rogers is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
Date: December 8, 2016
Citation: 2014-CT-01268-SCT
This Court granted the petition for writ of certiorari to review the judgment and opinion of the Court of Appeals. Now before the Court is a Joint Motion to Dismiss Appeal. The appeal and the writ of certiorari in this case are dismissed with the parties to bear their own costs. King, J., for the Court. Order entered.
Date: December 8, 2016
Citation: 2014-CT-01328-SCT
The Petition for Writ of Certiorari filed by Barry Mabus is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J. Order entered.
Date: December 8, 2016
Citation: 2014-CT-01443-SCT
Docket Number: 2014-CT-01443-SCT
Justia Opinion Summary: Robert Stratton Sr. filed a replevin action, without bond, against Jerry McKey. Stratton sought to recover an antique truck that he had on McKey’s property for several years. The circuit court granted Stratton relief,…
Date: December 8, 2016
Citation: 2014-CT-01741-SCT
The Petition for Writ of Certiorari filed by Zachary Cozart is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ. To Deny: Lamar, J. Not Participating: Randolph, P.J. Order entered.
Date: December 8, 2016
Citation: 2014-KA-01041-SCT
Docket Number: 2014-KA-01041-SCT
Justia Opinion Summary: A jury convicted James Willie of deliberate design murder. He appealed the conviction, arguing on appeal: (1) that the trial court erred in allowing the State’s ballistic expert to give definitive testimony matching…
Date: December 8, 2016
Citation: 2015-CA-00966-SCT
Docket Number: 2015-CA-00966-SCT
Justia Opinion Summary: Carolyn McAdams, mayor of the City of Greenwood, appealed a decision of the Leflore County Circuit Court, which held that the Greenwood City Council’s decision to hire legal counsel to represent the city’s interest in an…
Date: December 8, 2016
Citation: 2015-CA-01045-SCT
Docket Number: 2015-CA-01045-SCT
Justia Opinion Summary: The State appealed the Circuit Court’s order granting partial relief on Michael Drankus’s motion for declaratory and injunctive relief. Drankus, an inmate in the custody of the Mississippi Department of Corrections…
Date: December 8, 2016
Citation: 2015-CA-01175-SCT
Docket Numbers: 2015-CA-01175-SCT, 2009-CA-00052-SCT
Justia Opinion Summary: In 2007, the State of Mississippi, through the Attorney General’s office, filed suit against Louisville Tire Center, Inc. d/b/a Fair Oil Company (Fair Oil) for violating Mississippi’s price-gouging statute. Fair Oil…
Date: December 8, 2016
Citation: 2015-CT-00032-SCT
The second Motion for Rehearing, which is treated as a Petition for Writ of Certiorari is dismissed. Order entered.
Date: December 8, 2016
Citation: 2015-CT-00111-SCT
The Petition for Writ of Certiorari filed by Richard A. Simoneaux is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J., and Kitchens, J. Order entered.
Date: December 8, 2016
Citation: 2015-CT-00501-SCT
Abel Dedeaux's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 8, 2016
Citation: 2015-DR-01082-SCT
Docket Number: 2015-DR-01082-SCT
Justia Opinion Summary: A jury convicted Kelvin Jordan of two counts of capital murder in 1996, for which he received the death penalty. Jordan was denied post-conviction relief (PCR). He filed a successive petition for post-conviction relief…
Date: December 8, 2016
Citation: 89-R-99042-SCT
Date: December 1, 2016
Citation: 2012-CT-00378-SCT
The Petition for Writ of Certiorari filed pro se by Cheryl Ogunbor is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 1, 2016
Citation: 2013-CT-00653-SCT
The Petition for Writ of Certiorari filed pro se by Cheryl Ogunbor is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.
Date: December 1, 2016
Citation: 2013-DP-01877-SCT
The Motion for Termination of Counsel and Other filed by Appellant Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered 11/18/16.
Date: December 1, 2016
Citation: 2014-CT-00041-SCT
Docket Number: 2014-CT-00041-SCT
Justia Opinion Summary: In 2011, Jennifer and Josh Carter divorced, and Jennifer was granted legal and physical custody of their daughter Delaney. A year later, Josh filed a motion for modification of custody. The Chancery Court awarded Josh…
Date: December 1, 2016
Citation: 2014-CT-00664-SCT
Docket Number: 2014-CT-00664-SCT
Justia Opinion Summary: In 2012 a jury found James Johnson guilty of aggravated domestic violence against his ex-wife. Johnson’s appeal was assigned to the Court of Appeals, which reversed the judgment and remanded the case, finding that the…
Date: December 1, 2016
Citation: 2014-CT-00914-SCT
The Petition for Writ of Certiorari filed by Daniel Roy Snyder is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Order entered.
Date: December 1, 2016
Citation: 2014-CT-01313-SCT
The Petition for Writ of Certiorari filed by counsel for Jeanette B. Ringo is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.
Date: December 1, 2016
Citation: 2014-CT-01355-SCT
The Petition for Writ of Certiorari of Appellee, Thornhill Forestry Service, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Randolph, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: December 1, 2016
Citation: 2014-KA-01172-SCT
Docket Number: 2014-KA-01172-SCT
Justia Opinion Summary: Before his capital-murder trial, Laqunn Gary moved to suppress his confession, arguing he had not knowingly, intelligently, and voluntarily waived his Miranda rights. The trial court denied his motion without a hearing.…
Date: December 1, 2016
Citation: 2015-CA-00519-SCT
Docket Number: 2015-CA-00519-SCT
Justia Opinion Summary: Following court-ordered mediation, spouses Gary Rolison and Martha Rolison and Caleb Fryar and his father, Robert Fryar, entered into a mediation settlement agreement that resolved four lawsuits pending between the…
Date: December 1, 2016
Citation: 2015-CP-01151-SCT
Docket Number: 2015-CP-01151-SCT
Justia Opinion Summary: In 1992, Arvin Rochell was indicted for two counts of capital murder for killing Hazel and Nell McMahan, and for one count of arson. Arvin Rochell, acting pro se, appealed the Circuit Court’s denial of his petition for…
Date: December 1, 2016
Citation: 2015-CT-00335-SCT
The Petition for Review Upon Writ of Certiorari filed by Wesley Gene Patrick is denied. To Deny: All Justices. Order entered.
Date: December 1, 2016
Citation: 2015-CT-00865-SCT
The Petition for Writ of Certiorari filed by Albert L. McDonald is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Maxwell and Beam, JJ. To Dismiss: Waller, C.J., Kitchens, King and Coleman, JJ. Order entered.
Date: December 1, 2016
Citation: 2015-DR-01373-SCT
The Motion to Seal and/or Disclose Documents is granted in part. Upon request, Exhibit 28 shall be temporarily unsealed to allow access by counsel for the State of Mississippi. After counsel has viewed or, if requested, copied the information, Exhibit 28 must be resealed. This information shall remain confidential except for what is required by counsel to assert specific errors in briefs or like documents. If practicable, counsel may use either juror numbers or fictitious names. To Grant in Part: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., and Maxwell, J. Order entered 11/17/16.
Date: December 1, 2016
Citation: 2015-IA-00473-SCT
Docket Number: 2015-IA-00473-SCT
Justia Opinion Summary: A grand jury indicted Jelani Miles for shooting into a vehicle, aggravated assault with a deadly weapon, and murder. The case proceeded to trial but, after the State had called two witnesses, the circuit judge declared a…
Date: December 1, 2016
Citation: 2015-KA-01332-SCT
Docket Number: 2015-KA-01332-SCT
Justia Opinion Summary: A jury found defendant Douglas Walters guilty of grand larceny, and he was sentenced to serve ten years in the custody of the Mississippi Department of Corrections. Walters appealed, arguing that the trial court erred in…
Date: December 1, 2016
Citation: 89-R-99001-SCT
The Motion to Amend Certain Rules of Civil Procedure and Associated Comments is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Date: November 17, 2016
Citation: 2013-KA-02011-SCT
Docket Number: 2013-KA-02011-SCT
Justia Opinion Summary: A jury convicted Robert “Bay Bay” Carson of capital murder, being a felon in possession of a firearm, and conspiracy to commit armed robbery, all of which arose from the 2012 shooting death of Juan Ortiz during an armed…
Date: November 17, 2016
Citation: 2014-CA-00774-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: November 17, 2016
Citation: 2014-CT-00048-SCT
The Petition for Writ of Certiorari filed pro se by Jeycob England is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Waller, C.J., Randolph, P.J., and Maxwell, J. Order entered.
Date: November 17, 2016
Citation: 2014-CT-00069-SCT
The Petition for Writ of Certiorari filed by counsel for Eric Graham, M.D., and Michelle Graham, N.P. is denied. To Deny: All Justices. Order entered.
Date: November 17, 2016
Citation: 2014-CT-00449-SCT
The Petition for Writ of Certiorari filed by Appellants is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: November 17, 2016
Citation: 2014-CT-00869-SCT
Eric Pelletier's Petition for Writ of Certiorari is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Maxwell and Beam, JJ. Not Participating: Waller, C.J. Order entered.
Date: November 17, 2016
Citation: 2014-CT-01170-SCT
The Petition for Writ of Certiorari filed by Dillon Williams is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Lamar, Coleman, Maxwell and Beam, JJ. Order entered.
Date: November 17, 2016
Citation: 2014-CT-01781-SCT
The Petition for Writ of Certiorari filed by Arthur and April Randallson is denied. To Deny: All Justices. Order entered.
Date: November 17, 2016
Citation: 2014-KA-00993-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Coleman and Maxwell, JJ., would grant.
Date: November 17, 2016
Citation: 2015-CT-00256-SCT
The Petition for Writ of Certiorari filed by counsel for Cynthia Kuljis is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: November 17, 2016
Citation: 2015-CT-00357-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ. To Grant: Randolph, P.J., and Lamar. Order entered.
Date: November 17, 2016
Citation: 2015-IA-00805-SCT
Docket Numbers: 2015-IA-00805-SCT, 2015-CA-00891-SCT
Justia Opinion Summary: Sean Edwards and Reanna Zyla never married, but had two children together. They lived in Arizona, and in 2010, an Arizona court entered an order establishing the parties’ custodial rights and visitation: joint legal and…
Date: November 17, 2016
Citation: 2015-KA-00933-SCT
Docket Number: 2015-KA-00933-SCT
Justia Opinion Summary: In 2013, Chaddy Brooks looked through her boyfriend’s phone and saw text messages from another woman. The couple got into an argument that later became physical, and ended with Brooks stabbing the boyfriend in the neck…
Date: November 10, 2016
Citation: 2012-CT-01825-SCT
Docket Number: 2012-CT-01825-SCT
Justia Opinion Summary: Tamra Stuckey was shot and killed on the couch in Charles Kuebler’s apartment in the early morning hours of June 30, 2010. Tamra had been staying at Kuebler’s apartment for three or four days prior and had shown an…
Date: November 10, 2016
Citation: 2012-M-01694
Before the en banc Court, Dora's applications for leave to proceed in the trial court are denied. Dora's Petition for Writ of Mandamus is dismissed as moot. All Justices Agree. Order entered.
Date: November 10, 2016
Citation: 2013-CT-00814-SCT
The Petition for Writ of Certiorari filed pro se by Bernard Hubbard is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: November 10, 2016
Citation: 2013-CT-02002-SCT
Gulf Publishing, Inc.'s Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. Not Participating: Kitchens and Maxwell, JJ. Order entered.
Date: November 10, 2016
Citation: 2013-DR-02147-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.
Date: November 10, 2016
Citation: 2014-CT-00894-SCT
Gulf Publishing, Inc.'s Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. Not Participating: Kitchens and Maxwell, JJ. Order entered.
Date: November 10, 2016
Citation: 2014-CT-01652-SCT
Jessie Freeman's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: November 10, 2016
Citation: 2014-KA-01202-SCT
Docket Number: 2014-KA-01202-SCT
Justia Opinion Summary: Travaris Christian was convicted on two counts of capital murder (underlying felony of robbery); one count of house burglary, conspiracy to commit house burglary, felonious child neglect, and felon in possession of a…
Date: November 10, 2016
Citation: 2015-CT-00620-SCT
The Petition for Writ of Certiorari filed by Daniel H. Frank is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman, Maxwell and Beam, JJ. To Grant: Waller, C.J., and King, J. Order entered.
Date: November 3, 2016
Citation: 2014-CA-01684-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
Date: November 3, 2016
Citation: 2014-CT-00619-SCT
The Petition for Writ of Certiorari filed by Tommy Meisner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: November 3, 2016
Citation: 2014-CT-01562-SCT
Date: November 3, 2016
Citation: 2014-CT-01732-SCT
The Petition for Writ of Certiorari filed by Charles Edward Wilson is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Waller, C.J. Order entered.
Date: November 3, 2016
Citation: 2015-CA-00227-SCT
Docket Number: 2015-CA-00227-SCT
Justia Opinion Summary: The underlying lawsuit to this appeal concerned two automobile accidents that occurred on Interstate 55 North in Grenada County on the evening of Thursday, May 24, 2012. The first accident involved David Williams and…
Date: November 3, 2016
Citation: 2015-CA-00725-SCT
The Motion for Rehearing filed by Appellant is denied. Waller, C.J., Randolph, P.J., and Maxwell, J., would grant.
Date: November 3, 2016
Citation: 2015-CA-00890-SCT
The Motion for Rehearing filed by Appellant is denied. Waller, C.J., King and Coleman, JJ., would grant.
Date: November 3, 2016
Citation: 2015-CA-01177-SCT
Southern Mississippi Planning and Development District, Inc., and the Mississippi Association of Planning and Development Districts, Inc.'s Joint Motion to Strike Appellant's Reply in Support of Petition for Rehearing is dismissed as moot. Order entered.
Date: November 3, 2016
Citation: 2016-M-01097-SCT
The Petition for Interlocutory Appeal by Permission, filed by Petitioners, is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.
Date: October 27, 2016
Citation: 2014-CT-01461-SCT
Adrian Moore's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: October 27, 2016
Citation: 2015-CA-00598-SCT
Docket Number: 2015-CA-00598-SCT
Justia Opinion Summary: The State of Mississippi entered into a Public Trust Tidelands lease with the City of Bay St. Louis to build a municipal harbor on beachfront property. After the City began construction of the harbor, brothers Kenneth,…
Date: October 27, 2016
Citation: 2015-CA-00600-SCT
Docket Number: 2015-CA-00600-SCT
Justia Opinion Summary: In 2003, the Mississippi State Tax Commission (now the Department of Revenue) assessed additional income tax, penalties, and interest in an amount greater than $11.75 million against AT&T based on its income from…
Date: October 27, 2016
Citation: 2015-KA-00562-SCT
Docket Number: 2015-KA-00562-SCT
Justia Opinion Summary: Brodrick Moody was found guilty of possession of a cell phone while he was incarcerated, for which he was sentenced to ten years, to run consecutively to the sentence he was already serving. Moody appealed, arguing the…
Date: October 27, 2016
Citation: 2015-KA-00643-SCT
Docket Number: 2015-KA-00643-SCT
Justia Opinion Summary: Donald Bell appealed his conviction and sentence for attempted armed robbery. The jury returned from deliberations and informed the court that they had failed to reach a unanimous decision. Learning the jury was split…
Date: October 27, 2016
Citation: 2015-KA-01483-SCT
Docket Number: 2015-KA-01483-SCT
Justia Opinion Summary: Larry Wells was convicted of possession of cocaine with intent to transfer and was sentenced as an habitual offender and a recidivist drug offender to sixty years in the custody of the Mississippi Department of…
Date: October 27, 2016
Citation: 2016-AP-01079
Before the Court, en banc, is "Robert Smith's Motion to Assign Additional Case (Hinds Circuit Court No. 16-120) to Circuit Judge Larry Roberts" is dismissed as moot. "Robert Smith's Motion Requesting the Court to Direct the Clerk to Send Copy of Exhibits to Smith" is granted insofar as it is available on the electronic docket. The motion of Gannett River States Publishing Corporation, d/b/a The Clarion-Ledger, to intervene and open sealed Exhibit A to Judge Weill's aforementioned response is granted. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ. Not Participating: Kitchens, J. Order entered 10/21/16.
Date: October 27, 2016
Citation: 2016-IA-00587-SCT
Docket Number: 2016-IA-00587-SCT
Justia Opinion Summary: Floyd McKee contested the election after he was defeated by Joe Chandler in the Democratic primary run-off election for District 5 Supervisor of Clay County. After the Clay County Democratic Executive Committee (CCDEC)…
Date: October 27, 2016
Citation: 2016-M-01070-SCT
The Petition for Review of Order Denying Recusal Motion Pursuant to Rule 48B of the Mississippi Rules of Appellate Procedure filed by the Hinds County Board of Supervisors is denied. All Justices Agree. Order entered.
Date: October 20, 2016
Citation: 2013-CT-01151-SCT
The Petition for Writ of Certiorari filed pro se by Natyyo Gray is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: October 20, 2016
Citation: 2014-CA-01660-SCT
Docket Number: 2014-CA-01660-SCT
Justia Opinion Summary: While a resident at Cleveland Nursing and Rehabilitation Center, LLC, (“Cleveland”), Annie Mae Gully fell and broke her hip. Following complications from a surgical procedure to repair her hip, Gully died six days later.…
Date: October 20, 2016
Citation: 2014-CA-01774-SCT
Docket Number: 2014-CA-01774-SCT
Justia Opinion Summary: The Pascagoula-Gautier School District and the City of Pascagoula took issue with the Jackson County Board of Supervisors’ approval of the Tax Assessor’s methodology in assessing taxes on Chevron’s leasehold interest in…
Date: October 20, 2016
Citation: 2014-CT-01268-SCT
The Petition for Writ of Certiorari filed by Michael Kirby and William T. Heimer is granted. To Grant: Waller, C.J., Lamar, Kitchens, King and Beam, JJ. To Deny: Dickinson, P.J., and Coleman, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
Date: October 20, 2016
Citation: 2014-CT-01730-SCT
Docket Number: 2014-CT-01730-SCT
Justia Opinion Summary: After suffering a fall at work, Linda Mitchell returned to the same position she had before her injury, and continued to work for more than seven months until she was terminated for a cause unrelated to the injury. She…
Date: October 20, 2016
Citation: 2014-KA-00123-SCT
Date: October 20, 2016
Citation: 2014-KA-01368-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, J., would grant.
Date: October 20, 2016
Citation: 2016-M-01457-SCT
Maria Thompson's Petition for Interlocutory Appeal and Motion to Stay Trial Court Proceedings is denied. Maria Thompson's Motion for Expedited Ruling on Motion to Stay Trial Court Proceedings is dismissed as moot. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Order entered 10/19/16.
Date: October 13, 2016
Citation: 2014-CA-01638-SCT
The Motion for Rehearing filed by Appellee is denied. Dickinson, P.J., and Coleman, J., would grant. Waller, C.J., not participating.
Date: October 13, 2016
Citation: 2014-CT-00588-SCT
Christopher Anderson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: October 13, 2016
Citation: 2014-CT-00699-SCT
The Petition for Writ of Certiorari filed by Earnest Varnado, Jr., pro se, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Waller, C.J., and Maxwell, J. Order entered.
Date: October 13, 2016
Citation: 2014-CT-00781-SCT
The Petition for Writ of Certiorari filed by Robert H. Hardin, Jr., is denied. To Deny: All Justices. Order entered.
Date: October 13, 2016
Citation: 2014-KA-00986-SCT
Docket Number: 2014-KA-00986-SCT
Justia Opinion Summary: Eddie Hall was convicted of murdering Johnny “Tubby” Hubbard in the Black Cat community of Covington County. The jury received eyewitness testimony that when a fight broke out at the end of a horse show, Hall retrieved a…
Date: October 13, 2016
Citation: 2015-CA-00213-SCT
Docket Number: 2015-CA-00213-SCT
Justia Opinion Summary: During a family counseling meeting, Rachel accused David of molesting their daughter. The Harrison County Department of Human Services (“DHS”) and the Biloxi Police Department investigated the alleged abuse. As part of…
Date: October 13, 2016
Citation: 2015-CA-00222-SCT
Docket Number: 2015-CA-00222-SCT
Justia Opinion Summary: This was the second appeal of the equitable distribution of assets of Howard Carney III and Andrea Bell Carney by the Chancery Court of Warren County. In the first appeal, the Supreme Court reversed and remanded, holding…
Date: October 13, 2016
Citation: 2015-JP-00246-SCT
Docket Number: 2015-JP-00246-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance recommended to the Mississippi Supreme Court that former Madison County Justice Court Judge William “Bill” Weisenberger Sr. be removed from office after finding by clear…
Date: October 13, 2016
Citation: 2016-DR-00092-SCT
The Motion for Appointment of Counsel is remanded to the trial court for determination. The request for discovery is dismissed without prejudice as there has been no leave granted to proceed on a Petition for Post-Conviction Relief. Agree: All Justices. Order entered.
Date: October 13, 2016
Citation: 2016-M-00865-SCT
The Petition for Permission to Appeal Interlocutory Order filed by counsel for Baptist Memorial Hospital-DeSoto, Inc., is granted. The Notice of Appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed in accordance with M.R.A.P. 10 and 11. The motions seeking joinder in the Petition for Permission to Appeal Interlocutory Order, filed by Shiva S. Natarajan, M.D., and Dr. Raul Vasant Sonone, M.D., Ki-Mun Chang, M.D., and Eduardo C. Cabigao, M.D., are granted. To Grant Interlocutory Appeal and Joinder: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell and Beam, JJ. To Deny Interlocutory Appeal and Dismiss Joinder as Moot: Lamar, Kitchens and King, JJ. Order entered.
Date: October 13, 2016
Citation: 2016-M-00992
The Petition for Review of Order Denying Recusal Motion Pursuant to Rule 48B filed by Karl Banks is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: King, J. Not Participating: Kitchens, J. Order entered.
Date: October 13, 2016
Citation: 2016-TS-00388
The Motion for Rehearing filed pro se by Appellant is denied. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
Date: October 6, 2016
Citation: 2013-CT-00113-SCT
Justin Holmes's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Dickinson, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: October 6, 2016
Citation: 2014-CP-01049-SCT
Randolph, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., not participating.
Date: October 6, 2016
Citation: 2014-CT-00964-SCT
The Petition for Writ of Certiorari filed by Darex Antonio Chester is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ. Not Participating: Kitchens, J. Order entered.
Date: October 6, 2016
Citation: 2014-CT-01594-SCT
The Petition for Writ of Certiorari filed by Mark Schlepphorst is denied. To Deny: All Justices. Order entered.
Date: October 6, 2016
Citation: 2015-CA-00105-SCT
Docket Number: 2015-CA-00105-SCT
Justia Opinion Summary: In this case, the issue the appellant raised for further review was the contention that the chancellor erred in awarding a child-support judgment to her son, who was a nonparty to this case. This issue was never raised…
Date: October 6, 2016
Citation: 2015-CT-00214-SCT
The Petition for Writ of Certiorari filed pro se by Daniel Rollings is denied. To Deny: All Justices. Order entered.
Date: October 6, 2016
Citation: 2016-M-00461
The Application for Leave to file Motion for Post-Conviction Collateral Relief filed by Cherelle L. German is denied. To Deny: All Justices. Order entered.
Date: October 6, 2016
Citation: 89-R-99037-SCT
The en banc Supreme Court makes the following needed changes in the membership of the Commission. The office title and agency title for existing Commission member David A. Chandler, Ph.D., Commissioner of Child Protective Services, Mississippi Department of Child Protective Services, are updated as stated in the order handed down this date. Lyndsy Irwin, Mississippi Department of Human Services, Child Support Division, is appointed as an additional member of the Commission, and his term expires on September 25, 2018, unless terminated sooner by resignation or further order of this Court. Craig Robertson, Co-Founder of 200 Million Flowers, is appointed as an additional member of the Commission, and his term expires on September 25, 2018, unless terminated sooner by resignation or further order of this Court. Dr. Scott Benton of the University of Mississippi Medical Center is appointed as a member of the Commission succeeding Dr. John Pruett who has moved out of state, and Dr. Benton's term expires on September 25, 2018, unless terminated sooner by resignation or further order of this Court. The Clerk of the Supreme Court shall spread this order upon the minutes of the Court and forward a copy of this order to all members of the Commission. Order entered 10/04/16.</ul><br><hr>
Date: September 29, 2016
Citation: 2014-CT-00165-SCT
Docket Number: 2014-CT-00165-SCT
Justia Opinion Summary: In October 2006, a jury convicted Nathaniel Walden for murder and shooting into an occupied dwelling. The Mississippi Supreme Court granted Walden leave to proceed in the circuit court with a petition for post-conviction…
Date: September 29, 2016
Citation: 2014-CT-00818-SCT
The Petition for Writ of Certiorari filed by Kenneth K. Stallings is denied. To Deny: All Justices. Order entered.
Date: September 29, 2016
Citation: 2014-CT-01321-SCT
The Petition for Writ of Certiorari filed by Kenneth R. Goldsmith is dismissed. Order entered.
Date: September 22, 2016
Citation: 2010-DP-01348-SCT
Before the Court en banc, the Motion for Briefing Schedule on Remand filed by Appellant is granted. Appellant's brief is due on November 8, 2016. Appellee's brief is due on December 8, 2016. Appellant's reply brief is due on December 22, 2016. Order entered 9/15/16.
Date: September 22, 2016
Citation: 2013-CT-00923-SCT
The Petition for Writ of Certiorari filed by William T. Kelley, Individually and d/b/a William T. Kelley, LLC is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Beam, JJ. To Grant: Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: September 22, 2016
Citation: 2014-CA-01371-SCT
Docket Number: 2014-CA-01371-SCT
Justia Opinion Summary: A jury awarded Elsie Smith more than three million dollars in damages after an asbestos-related wrongful death trial in 2009, but the trial judge granted the defendants’ motion for judgment notwithstanding the verdict…
Date: September 22, 2016
Citation: 2014-CT-00029-SCT
The Petition for Writ of Certiorari filed by Patrick Dantre Fluker, pro se, is denied. To Deny: All Justices. Order entered.
Date: September 22, 2016
Citation: 2014-CT-00475-SCT
The Petition for Writ of Certiorari filed by Christopher D. Lee is denied. To Deny: Waller, C.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Dickinson, P.J. Order entered.
Date: September 22, 2016
Citation: 2014-CT-00855-SCT
Greg Canerdy's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: September 22, 2016
Citation: 2014-CT-01223-SCT
The Petition for Writ of Certiorari filed by Christopher Benoman is dismissed as untimely. Order entered.
Date: September 22, 2016
Citation: 2014-CT-01281-SCT
The Petition for Writ of Certiorari of the Appellant filed by counsel for James Terry Campbell is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.
Date: September 22, 2016
Citation: 2014-DR-00849-SCT
Motion to Stay Proceedings to Allow Discovery and Motion for Funding for Discovery filed by Petitioner is granted in that Petitioner may file his request for discovery and funding in the Amite County Circuit Court. Petitioner's post-conviction proceedings in this Court are stayed until March 24, 2017. Petitioner must file any supplement to his Motion for Leave to File Successive Petition for Post-Conviction Relief by that date. Respondent will have until May 26, 2017, to respond to Petitioner's supplement. Petitioner will have until June 26, 2017, to file a rebuttal. Agreed: All Justices. Order entered 9/15/16.
Date: September 22, 2016
Citation: 2015-CA-00740-SCT
Docket Number: 2015-CA-00740-SCT
Justia Opinion Summary: In this case, the natural mother schemed to give away her child without the natural father's consent by falsely claiming in a sworn consent and joinder and in sworn testimony at the adoption proceedings, that she didn't…
Date: September 22, 2016
Citation: 2015-CA-01051-SCT
Docket Number: 2015-CA-01051-SCT
Justia Opinion Summary: Sharel Kenney appealed the trial court’s grant of summary judgment in favor of USAA Casualty Insurance Company (USAA-CIC) and Foremost Insurance Company (Foremost). Kenney purchased a motorcycle in Slidell, Louisiana.…
Date: September 22, 2016
Citation: 2015-KA-00691-SCT
Docket Number: 2015-KA-00691-SCT
Justia Opinion Summary: A jury found Daner Ford guilty of acting in concert to bring about the death of Marvin Stuckett, for a firearm enhancement, and for being a convicted felon in possession of a firearm. The trial court sentenced him as a…
Date: September 22, 2016
Citation: 2016-IA-00811-SCT
The Petition for Interlocutory Appeal filed by Ferguson & Associates Architects, P.A. and G.G. Ferguson, AIA is granted. The Order of the Chancery Court of Hinds County, cause no. G2015-1793 w/4, dated May 16, 2016, which denied Ferguson's Motion to Dismiss, or Alternatively, to Transfer, is reversed and this matter remanded for transfer to the circuit court. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Motion for Leave to File Reply in Support of Petition for Interlocutory Appeal filed by Ferguson & Associates Architects, P.A. and G.G. Ferguson, AIA is dismissed as moot. Respondent, JWRBR Properties, LLC is taxed with all costs of this appeal. Agreed: All Justices. Maxwell, J., for the Court. Order entered 9/15/16.
Date: September 15, 2016
Citation: 2013-CT-00547-SCT
Docket Number: 2013-CT-00547-SCT
Date: September 15, 2016
Citation: 2013-CT-00763-SCT
The Petition for Writ of Certiorari filed on behalf of George Affleck by the Office of the State Public Defender, Indigent Appeals Division is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: September 15, 2016
Citation: 2013-CT-00923-SCT
The Petition for Writ of Certiorari filed by the City of Corinth, Mississippi is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Beam, JJ. To Grant: Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: September 15, 2016
Citation: 2013-CT-01807-SCT
Docket Number: 2013-CT-01807-SCT
Justia Opinion Summary: During the construction of Jeff Anderson Regional Medical Center’s (“ARMC”) expansion, scaffolding built by W.G. Yates & Sons Construction Company collapsed, injuring plaintiffs David McKean, Francesco Medina, Donald…
Date: September 15, 2016
Citation: 2013-IA-01138-SCT
Docket Number: 2013-IA-01138-SCT
Justia Opinion Summary: Tommy and Kelli Murray’s action accrued in Louisiana. But by the time they filed their action in Mississippi, Louisiana’s one-year statute of limitations had passed. Because they could no longer file an untimely action…
Date: September 15, 2016
Citation: 2014-CT-00367-SCT
The Petition for Writ of Certiorari filed by Linda Carlson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: September 15, 2016
Citation: 2014-CT-01581-SCT
The Petition for Writ of Certiorari filed by William Robert McMickle is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: September 15, 2016
Citation: 2014-CT-01600-SCT
Appellees' Writ of Certiorari filed by G. Todd Burwell and Latham & Burwell, PLLC is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Dickinson, P.J. Not Participating: Maxwell, J. Order entered.
Date: September 15, 2016
Citation: 2014-SA-01514-SCT
Docket Number: 2014-SA-01514-SCT
Justia Opinion Summary: H&G Land Company, L.P. entered into a lease agreement with APAC-Mississippi, Inc. (“APAC”), whereby APAC would operate an asphalt plant and mining operation on H&G’s land for a period of twenty years. H&G then filed an…
Date: September 15, 2016
Citation: 2015-CA-01092-SCT
Docket Number: 2015-CA-01092-SCT
Justia Opinion Summary: Edward Love filed a complaint against Wesley Health System, LLC (“Wesley”) alleging negligence, medical malpractice, and wrongful death of his wife, Jackie Katherine Love. A default judgment was entered against Wesley.…
Date: September 15, 2016
Citation: 2015-CA-01306-SCT
Docket Number: 2015-CA-01306-SCT
Justia Opinion Summary: The State and the City of Pass Christian’s entered into a forty-year lease. Under the terms of the lease, the City would use a portion of the Harrison County shoreline as a harbor and pursue related commercial…
Date: September 8, 2016
Citation: 2015-CA-00653-SCT
Docket Number: 2015-CA-00653-SCT
Justia Opinion Summary: The Lamar County Sheriff’s Department (LCSD) arrested Warren Lewis for possession with intent. Lewis ultimately pled guilty in federal court to possession with intent to distribute five grams or more of methamphetamine.…
Date: September 8, 2016
Citation: 2015-IA-00059-SCT
Docket Number: 2015-IA-00059-SCT
Justia Opinion Summary: S.C. Anderson Group International, Inc. (“AGI”) filed two motions–one for leave to amend its complaint and one to transfer to the Circuit Court of Madison County. The County Court of Madison County granted AGI’s motion…
Date: September 8, 2016
Citation: 2016-CA-00079
The Motion for Enlargement of Time and Leave to File Brief of Amicus Curiae filed by the Institute for Justice is dismissed. To Dismiss: All Justices. Order entered.
Date: September 1, 2016
Citation: 2014-CA-00774-SCT
Docket Number: 2014-CA-00774-SCT
Justia Opinion Summary: Walter Griffith, Jr., a licensed master electrician, was critically injured while attempting to attach a ten-foot piece of metal conduit to an electrical pole owned by Entergy Mississippi, Inc. (“Entergy”). Griffith…
Date: September 1, 2016
Citation: 2014-CA-00829-SCT
Docket Number: 2014-CA-00829-SCT
Justia Opinion Summary: James Oldrum Smith Jr. (Father) died in 2006. This appeal stemmed from his children’s disagreements over the handling of Father’s estate (Estate). These disagreements resulted in lengthy litigation. The Estate was…
Date: September 1, 2016
Citation: 2014-CA-01453-SCT
Docket Number: 2014-CA-01453-SCT
Justia Opinion Summary: Mark Roberts filed various claims against multiple defendants, all of which were dismissed on summary judgment. Roberts began working for Warrior Energy Services Corporation in February 2012. He was an at-will, full-time…
Date: September 1, 2016
Citation: 2014-CT-00434-SCT
Date: September 1, 2016
Citation: 2014-CT-00691-SCT
The Petition for Writ of Certiorari filed by Charles Greg Davis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: September 1, 2016
Citation: 2014-CT-00927-SCT
The Petition for Writ of Certiorari filed by Bradley A. McElroy, Sr., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Randolph, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: September 1, 2016
Citation: 2014-CT-01354-SCT
The Petition for Writ of Certiorari filed by Gregory Wilbanks is denied. To Deny: All Justices. Order entered.
Date: September 1, 2016
Citation: 2014-CT-01443-SCT
The Petition for Writ of Certiorari filed pro se by Robert W. Stratton, Sr., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: September 1, 2016
Citation: 2014-IA-01419-SCT
Appellants Motion for Rehearing is denied. Randolph, P.J., and Maxwell, J., would grant.
Date: September 1, 2016
Citation: 2015-CA-00143-SCT
Appellant's Motion to Strike Portions of Warrior Energy's Response brief is denied. See opinion of this Court handed down this date.
Date: September 1, 2016
Citation: 89-R-99010-SCT
In accordance with the provisions of Rule 3 of the Rules of Discipline of the Mississippi Bar, the en banc Court hereby appoints the individuals as listed within the order to serve three-year terms as members of the Complaint Tribunals. The term of each of these appointments shall commence upon the filing of the oath of office and shall continue thereafter for the remainder of the three-year term as above indicated and until such time as a successor in office is appointed and qualified. Upon filing of this order and the oath of office, each appointee shall be qualified to discharge the duties incumbent upon a member of the panels, authorized and empowered as agents of this Court to hear and determine all matters within the disciplinary jurisdiction of the Court, which may from time to time be referred to a complaint tribunal of which the appointee is a member in accordance with the terms of the disciplinary rules cited above. In the event the appointee finds it necessary to resign or recuse, the appointee shall immediately give written notice to the Chief Justice in an expeditious manner. Should a vacancy otherwise occur or necessity dictate, the other members of the Complaint Tribunals or complaint counsel shall immediately give written notice to the Chief Justice in an expeditious manner. The Clerk of this Court shall forward an attested copy of this order with the form of the oath to each appointee and to the complaint counsel of the Mississippi Bar. Order entered 8/29/16.</ul><br><hr>
Date: August 25, 2016
Citation: 2013-CT-01829-SCT
The Petition for Writ of Certiorari filed by Derrick Johnson is denied. To Deny: All Justices. Order entered.
Date: August 25, 2016
Citation: 2014-CA-01005-SCT
The Motion for Rehearing filed by the Appellees' is denied.
Date: August 25, 2016
Citation: 2014-CT-00021-SCT
The Petition for Writ of Certiorari filed by Appellee, Dr. Lloyd Gordon, M.D., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 25, 2016
Citation: 2014-CT-00552-SCT
The Petition for Writ of Certiorari filed pro se by Paul F. Jones is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 25, 2016
Citation: 2014-CT-00730-SCT
The Petition for Writ of Certiorari filed by James B. Ladner is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Dickinson, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: August 25, 2016
Citation: 2014-CT-00805-SCT
The Petition for Writ of Certiorari filed by Sean Land is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 25, 2016
Citation: 2014-CT-01478-SCT
The Petition for Writ of Certiorari filed by Timothy Wilson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Order entered.
Date: August 25, 2016
Citation: 2014-CT-01510-SCT
The Petition for Certiorari Review filed pro se by Maxine Smith is granted. To Grant: Dickinson, P.J., Lamar, Kitchens and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ. Order entered.
Date: August 25, 2016
Citation: 2014-JP-01184-SCT
Before the Court en banc is the Estate of Talmadge Littlejohn's Motion to Recall Mandate and to Amend Judgment. The motion is dismissed as untimely. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. Disagree: Kitchens and Maxwell, JJ. Order entered.
Date: August 25, 2016
Citation: 2015-CA-00764-SCT
Date: August 18, 2016
Citation: 2014-CA-01555-SCT
Docket Number: 2014-CA-01555-SCT
Justia Opinion Summary: Minor Tamarcus Ewing and his mother were involved in a motor-vehicle accident. Tamarcus sustained severe injuries and his mother died. Tommy Lee Ewing, Tamarcus’s father, was appointed guardian of Tamarcus’s person and…
Date: August 18, 2016
Citation: 2014-CT-00645-SCT
The Petition for Writ of Certiorari filed by Adrel Ryan Tutwiler is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 18, 2016
Citation: 2014-IA-01090-SCT
Docket Number: 2014-IA-01090-SCT
Justia Opinion Summary: Scott Buras and Carlos Rodriguez founded Lagniappe Logistics in 2004. Since then, Buras and Rodriguez’s business relationship deteriorated to the point that Buras left the company in June 2013. In early 2014, Buras filed…
Date: August 18, 2016
Citation: 2014-M-00979
The Petitioner's Petition for Recusal of Supreme Court Justice and for Review under the Structural Error Standard is dismissed. Kitchens and Coleman, JJ., Not Participating. Order entered 8/11/16.
Date: August 18, 2016
Citation: 2015-CA-00353-SCT
The Motion for Rehearing filed by Appellants is denied.
Date: August 18, 2016
Citation: 2015-CA-00890-SCT
Docket Number: 2015-CA-00890-SCT
Justia Opinion Summary: The City of Jackson was unable to serve notice to Willie Jordan by certified mail that his property was subject to condemnation and demolition. The City tried notice by publication, and set a hearing for twelve days…
Date: August 18, 2016
Citation: 2015-CA-01163
The Appellant's Petition for Recusal of Supreme Court Justice and for Review under the Structural Error Standard seeking the recusal of Justice James W. Kitchens is denied. Kitchens and Coleman, JJ., Not Participating. Order entered 8/11/16.
Date: August 18, 2016
Citation: 2015-CA-01177-SCT
Docket Number: 2015-CA-01177-SCT
Justia Opinion Summary: Henry Kinney filed several record requests under the Public Records Act regarding Leonard Bentz II's selection as Southern Mississippi Planning and Development District’s (District) executive director; however, some of…
Date: August 18, 2016
Citation: 2015-KA-00742-SCT
Docket Number: 2015-KA-00742-SCT
Justia Opinion Summary: A jury found Jerome Clemons guilty of felony driving under the influence (DUI), and he was sentenced to serve five years in the custody of the Mississippi Department of Corrections. He appealed, arguing that the jury’s…
Date: August 18, 2016
Citation: 2015-KA-00968-SCT
Docket Number: 2015-KA-00968-SCT
Justia Opinion Summary: A jury convicted Terry Roberson for the murder of Tonya Burton and for being a felon in possession of a firearm. On appeal, Roberson claimed the trial court erred by denying his proposed circumstantial-evidence…
Date: August 18, 2016
Citation: 2016-AP-01079
Honorable Larry E. Roberts, Senior Status Judge is hereby specially appointed Special Judge to preside and conduct proceedings in the above reference cases pursuant to and by authority of Mississippi Code Annotated, Section 9-1-105 which states that the Chief Justice may, with the advice and consent of a majority of the Justices of the Mississippi Supreme Court, appoint a Special Judge. Honorable Larry E. Roberts shall preside as Special Circuit Judge for any and all matters, motions, or actions involving the grand jury and/or administrative duties of Robert Shular Smith, the Hinds County District Attorney, pending or subsequently filed, including any related criminal actions, until further order of the Court. The Clerk of this Court shall transmit copies of this order to the Honorable Larry E. Roberts, Special Circuit Judge the Honorable Winston L. Kidd the Honorable Jeff Weill, Sr. the Honorable Tomie T. Green, and the Honorable William A. Gowan, Jr., Judges of and for the Circuit Court of Hinds County, and to the Clerk of the Circuit Court of Hinds County, who is directed to file this Order and deliver copies to all counsel of record in said case. Upon the conclusion of these cases in the trial court, the Special Judge shall promptly forward a copy of the final judgments or other orders of final disposition by mail or email to the Court Administrator, Supreme Court of Mississippi, P.O. Box 117, Jackson, MS 39205, hsaunders@courts.ms.gov. Agree: All Justices. Corrected Order Appointing Special Judge entered 8/11/16.
Date: August 18, 2016
Citation: 2016-AP-01102
The Mississippi Attorney General's Motion for Clarification Regarding Appointment of Special Judges is dismissed as moot. To Dismiss As Moot: All Justices. Order entered 8/11/16.
Date: August 18, 2016
Citation: 2016-M-01013
Before the Court, en banc, is the Mississippi Attorney General's Motion for Extraordinary Writ and for Appointment of Special Judge and for Supplemental Relief. The State's motion to file the aforementioned motion under seal is dismissed as moot, as the motion was physically filed under seal and, pursuant to M.R.A.P. 48A(c), it shall remain sealed until unsealed by order of this Court. The State's motion for an extraordinary writ disqualifying the Hinds County District Attorney, Robert Shuler Smith, and his Assistant District Attorneys from attending the grand jury in Hinds County is dismissed without prejudice to be presented to Special Circuit Judge Larry E. Roberts in the Hinds County Circuit Court. The State's motion to hold in abeyance any ruling on "Robert Smith's Motion for Writs of Prohibition and Mandamus with Respect to Order Stripping Him of His Duties as District Attorney" is denied. The State's motion for the appointment of a Special Judge is dismissed as moot. The State's motion to disqualify Attorney Jim Waide as counsel for District Attorney Smith is dismissed without prejudice to be filed in the trial court. Agree: All Justices. Order entered.
Date: August 11, 2016
Citation: 2012-CT-00363-SCT
The Petition for Writ of Certiorari filed by Dexter Johnson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 11, 2016
Citation: 2013-CT-01592-SCT
The Petition for Writ of Certiorari filed by Larry Walker is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 11, 2016
Citation: 2013-CT-01803-SCT
The Petition for Writ of Certiorari filed pro se by James Gandy, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 11, 2016
Citation: 2013-CT-02084-SCT
Anita White's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman and Beam, JJ. Not Participating: King and Maxwell, JJ. Order entered.
Date: August 11, 2016
Citation: 2014-CA-00726-SCT
Docket Number: 2014-CA-00726-SCT
Justia Opinion Summary: Death-row inmate Anthony Carr raised an Eighth Amendment challenge to this conviction for the deaths of Carl Bobbie Jo Parker and the Parkers' two children. Their feet and ankles were bound, and their wrists were tied…
Date: August 11, 2016
Citation: 2014-CA-01288-SCT
Docket Number: 2014-CA-01288-SCT
Justia Opinion Summary: An employee of NTC Transportation, Inc. (“NTC”) filed petitions with the Mississippi Workers’ Compensation Commission (“the Commission”), claiming he had suffered compensable work-related injuries on two occasions. AmFed…
Date: August 11, 2016
Citation: 2014-CA-01558-SCT
The Motion for Rehearing filed by Jim Doe is denied.
Date: August 11, 2016
Citation: 2014-CT-00446-SCT
The Petition for Writ of Certiorari filed by Antonio Vashon Smith is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 11, 2016
Citation: 2014-CT-01248-SCT
The Petition for Writ of Certiorari filed pro se by Melvin Chandler is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Coleman and Beam, JJ. To Deny: Randolph, P.J., and King, J. Not Participating: Maxwell, J. Order entered 8/04/16.
Date: August 11, 2016
Citation: 2014-CT-01253-SCT
The Petition for Writ of Certiorari filed by Marlene Zernee McCoy is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 11, 2016
Citation: 2014-CT-01676-SCT
The Petition for Writ of Certiorari filed by Deldrick Carroll is denied. To Deny: All Justices. Order entered.
Date: August 11, 2016
Citation: 2014-KA-00993-SCT
Docket Number: 2014-KA-00993-SCT
Justia Opinion Summary: Lamarcus Jones was indicted for the 2008 shooting death of Marveo Lane. Mareno Hubbard testified that Lamarcus Jones was the shooter. Jones received a life sentence. After Jones' conviction and sentence, Hubbard pled…
Date: August 11, 2016
Citation: 2014-KA-01368-SCT
Docket Number: 2014-KA-01368-SCT
Justia Opinion Summary: Defendant Gregory Colburn was convicted by jury on two counts of exploitation of a vulnerable person. Colburn met Ruby Frances Hill in 1990 when he began servicing her burial-insurance policy; Colburn would visit the…
Date: August 11, 2016
Citation: 2014-KA-01454-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and Kitchens, J., would grant.
Date: August 11, 2016
Citation: 2015-CA-00041-SCT
Docket Numbers: 2015-CA-00041-SCT, 2015-CA-00881-SCT
Justia Opinion Summary: Linde Health Care Staffing, Inc., received a favorable arbitration award in Missouri against the Claiborne County Hospital. Linde reduced the award to a Missouri judgment, then enrolled the foreign judgment in two…
Date: August 11, 2016
Citation: 2015-CA-00725-SCT
Docket Number: 2015-CA-00725-SCT
Justia Opinion Summary: While visiting the DeSoto County Civic Center, Cynthia Crider stepped in a hole that was obscured by grass. She was attending a high-school graduation at the Civic Center, operated by the DeSoto County Convention and…
Date: August 11, 2016
Citation: 2015-CA-00900-SCT
Randolph, P.J. Disposition: Per Curiam Affirmance. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.
Date: August 11, 2016
Citation: 2015-KA-00224-SCT
Docket Number: 2015-KA-00224-SCT
Justia Opinion Summary: Perry Armstead was convicted of two counts of sale of cocaine and was sentenced as a habitual offender and subsequent drug offender to thirty-two years’ imprisonment without the possibility of parole. Armstead appealed,…
Date: August 11, 2016
Citation: 2016-AP-01079
Honorable Larry E. Roberts, Senior Status Judge, is specially appointed Special Judge to preside and conduct proceedings in the above referenced cases pursuant to and by authority of Mississippi Code Annotated, Section 9-1-105 which state that the Chief Justice may, with the advice and consent of a majority of the Justices of the Mississippi Supreme Court, appoint a Special Judge. Honorable Larry E. Roberts shall preside as Special Circuit Judge for any and all matters, motions, or actions involving the grand jury and/or administrative duties of Robert Shuler Smith, the Hinds County District Attorney, pending or subsequently filed, including any related criminal actions, until further order of this Court. The Clerk of this Court transmit copies of this order to the Honorable Larry E. Roberts, Special Circuit Judge the Honorable Winston L. Kidd the Honorable Jeff Weill, Sr. the Honorable Tomie T. Green, and the Honorable William A. Gowan, Jr., Judges of and for the Circuit Court of Hinds County, and to the Clerk of the Circuit Court of Hinds County, who is directed to file this Order and deliver copies to all counsel of record in said case. Upon the conclusion of these cases in the trial court, the Special Judge shall promptly forward a copy of the final judgments or other orders of final disposition by mail or email to the Court Administrator, Supreme Court of Mississippi, P. O. Box 117, Jackson, MS 39205, hsaunders@courts.ms.gov. Agree: All Justices. Order entered 8/04/16.
Date: August 11, 2016
Citation: 2016-AP-01102
Honorable James D. Bell, Senior Status Judge is hereby specially appointed Special Judge to preside and conduct proceedings in the above referenced case pursuant to and by authority of Mississippi Code Ann. Section 9-1-105 which states that the Chief Justice may, with the advice and consent of a majority of the Justices of the Mississippi Supreme Court, appoint a Special Judge. The Clerk of this Court transmit copies of this order to the Honorable James D. Bell, Special Judge the Honorable William L. "Bill" Skinner the Honorable Melvin V. Priester, and the Honorable LaRita Copper-Stokes, Judges of and for the County Court of Hinds County, and to the Clerk of the County Court of Hinds County, who is directed to file this Order and deliver copies to all counsel of record in said case and to parties not represented by counsel. Upon the conclusion of this case in the trial court, the Special Judge shall promptly forward a copy of the final judgment or other order of final disposition by mail or email to the Court Administrator, Supreme Court of Mississippi, P.O. Box 117, Jackson, MS 39205, hsaunders@courts.ms.gov. Agree: All Justices. Order entered 8/04/16.
Date: August 11, 2016
Citation: 2016-IA-00744-SCT
The Petition for Interlocutory Appeal filed by Petitioner is granted. The Holmes County Circuit Court's order, dated April 25, 2016, cause no. 2009-0414, which reinstates appeal no. 2011-TS-01038, is vacated. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondents are taxed with costs of this appeal. To Grant and Render: All Justices. Maxwell, J., for the Court. Order entered.
Date: August 11, 2016
Citation: 89-R-99032-SCT
This matter is before the en banc Court for appointment or reappointment to fill certain positions on the Mississippi Access to Justice Commission. Commissioners are appointed as indicated for the terms shown within the order. The Supreme Court offers its sincere thanks to those retired or retiring Commissioners for their dedication to access for all persons to the courts of Mississippi. The Clerk of this Court shall forthwith send true copies of this order to each of the Commissioners appointed and reappointed, to those retiring, to Judge Jacqueline Mask and H. Rodger Wilder, Co-Chairs, and to Tiffany M. Graves, Executive Director of the Mississippi Access to Justice Commission. Order entered 8/08/16.</ul><br><hr>
Date: August 4, 2016
Citation: 2011-CT-01405-SCT
The Petition for Writ of Certiorari filed by Hulen S. Perilloux is dismissed. Order entered.
Date: August 4, 2016
Citation: 2012-CT-01389-SCT
The Petition for Writ of Certiorari filed by counsel for Jeremy Wade Holloway is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2013-CA-02100-SCT
Docket Number: 2013-CA-02100-SCT
Justia Opinion Summary: Gay St. Mary Williams and her husband, Larry Williams, filed a complaint against William Tucker and two insurance companies. The Williamses alleged that Mrs. Williams had been severely injured in a motor vehicle accident…
Date: August 4, 2016
Citation: 2013-CT-02000-SCT
The Petition for Writ of Certiorari filed by Bryn Ellis is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman and Beam, JJ. To Grant: King, J. Not Participating: Waller, C.J., and Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2013-DR-02147-SCT
Docket Number: 2013-DR-02147-SCT
Justia Opinion Summary: In January 1993, four days before his trial for the unrelated charges of aggravated assault and rape was set to begin, Charles Crawford broke into the home of Kristy Ray, kidnapped her, left a ransom note, and took her…
Date: August 4, 2016
Citation: 2014-CT-00508-SCT
The Petition for Writ of Certiorari filed by counsel for Calvin Hunter is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman and Beam, JJ. To Grant: King, J. Not Participating: Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2014-CT-00664-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Kitchens and Beam, JJ. To Deny: Dickinson, P.J., King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2014-CT-00725-SCT
The Petition for Writ of Certiorari filed by Synecca Malone is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2014-CT-00745-SCT
The Petition for Writ of Certiorari filed by Lee Voulters is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens and Coleman, JJ. To Grant: Dickinson, P.J., King and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2014-CT-00892-SCT
The Petition for Writ of Certiorari filed by Pearl River County is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Coleman, J. Not Participating: Dickinson, P.J., and Maxwell, J. Order entered.
Date: August 4, 2016
Citation: 2014-CT-01813-SCT
The Petition for Writ of Certiorari filed by Robert E. Coleman is denied. To Deny: All Justices. Order entered.
Date: August 4, 2016
Citation: 2016-M-00217
The Application for Leave to Proceed in the Trial Court with Motion to Vacate Convictions filed by Timothy Stratton is denied. The Motion to Proceed In Forma Pauperis filed by Timothy Stratton is dismissed as moot. Approve: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ. Object: Kitchens, J. Order entered.
Date: July 28, 2016
Citation: 2013-CT-00131-SCT
The Petition for Writ of Certiorari filed by Mitchell P. Smith and Horace Hoyt Smith is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.
Date: July 28, 2016
Citation: 2014-CT-00041-SCT
Within thirty days of the entry of this order, the Appellant and Appellee shall file with the Clerk of this Court a supplemental brief, not to exceed twenty-five pages in length, addressing the issues stated in the order. Not Participating: Maxwell, J. Order entered 7/22/16.
Date: July 28, 2016
Citation: 2014-CT-00165-SCT
The Petition for Writ of Certiorari filed by Nathaniel Walden, pro se, is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Maxwell and Beam, JJ. Order entered.
Date: July 28, 2016
Citation: 2014-CT-00239-SCT
Clarence Anderson's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: July 28, 2016
Citation: 2014-CT-00421-SCT
River Oaks Hospital's Petition for Writ of Certiorari is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. To Grant: Waller, C.J. Not Participating: Maxwell and Beam, JJ. Order entered.
Date: July 28, 2016
Citation: 2014-CT-00962-SCT
Joseph and Tina Davidson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: July 28, 2016
Citation: 2014-IA-01358-SCT
Docket Number: 2014-IA-01358-SCT
Justia Opinion Summary: The property of Riverboat Corporation, an ad valorem taxpayer, was subject to assessment by the Harrison County Board of Supervisors (“the Board”) because Riverboat owned certain personal and real property in Harrison…
Date: July 28, 2016
Citation: 2015-CA-01056-SCT
Docket Number: 2015-CA-01056-SCT
Justia Opinion Summary: After a year of bullying and intimidation by a small group of students, Yahenacy Smith was beaten and severely injured while riding the school bus home. Smith sued the Leake County School District, alleging negligence…
Date: July 28, 2016
Citation: 2015-DR-01138-SCT
Date: July 28, 2016
Citation: 2015-FC-01317-SCT
The Motion for Oral Argument/Joinder in Appellee's request for oral argument filed on behalf of the Mississippi Economic Council, the Mississippi Municipal League, and the Mississippi Manufacturers Association is denied. Order entered.
Date: July 28, 2016
Citation: 2016-CA-00079
The Motion for Leave to file Brief of Amici Curiae filed by BBC Baymeadows, LLC Sunchase of Ridgeland, Ltd. Everest Pinebrook, L.P. Rainbow/Ridgeland, LLC RR Apartments, LLC and Jordan Ridge, LLC Oakbrook, LLC Park Place Ridgeland, LLC Trace Apartments, L.P. and The Mark Apartments, L.P., is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman, Maxwell and Beam, JJ. To Deny: King, J. Order entered.
Date: July 21, 2016
Citation: 2013-CT-00724-SCT
The Petition for Writ of Certiorari filed by counsel for the Petitioners is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Deny: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered on 7/01/16.
Date: July 21, 2016
Citation: 2013-CT-02132-SCT
Docket Number: 2013-CT-02132-SCT
Justia Opinion Summary: Richard White was convicted of burglary of a dwelling. The jury was instructed it could find White guilty of burglary of a dwelling if it found he broke and entered the home “with the intent to commit the crime of…
Date: July 21, 2016
Citation: 2014-CA-01684-SCT
Docket Number: 2014-CA-01684-SCT
Justia Opinion Summary: Bay Point Properties Inc. filed inverse condemnation proceedings against the Mississippi Transportation Commission (MTC), claiming the easement MTC had across Bay Point’s property had terminated and that MTC was required…
Date: July 21, 2016
Citation: 2014-CT-00020-SCT
Travon Brown's Petition for Writ to Raise Post-Conviction Issue on Appeal, Motion to Clarify Chief Issue & Prevent Another Miscarriage of Justice, and Petition to Correct Pending Submissions are dismissed without prejudice as directed herein. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered 7/06/16.
Date: July 21, 2016
Citation: 2014-CT-00260-SCT
Docket Number: 2014-CT-00260-SCT
Justia Opinion Summary: In the wake of an attorney’s family tragedy, the defendants missed their deadline for filing their notice of appeal. The attorney was a solo practitioner whose legal secretary was his wife. So when the family tragedy…
Date: July 21, 2016
Citation: 2014-CT-00615-SCT
The Petition for Writ of Certiorari filed by William Michael Jordan is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: July 21, 2016
Citation: 2014-CT-01341-SCT
Daniel Zales's Petition for Writ of Certiorari is denied. To Deny: Randolph, P.J., Lamar, Coleman and Beam, JJ. To Grant: Dickinson, P.J., Kitchens and King, J. Not Participating: Waller, C.J., and Maxwell, J. Order entered 7/06/16.
Date: July 21, 2016
Citation: 2015-KA-01220-SCT
Docket Number: 2015-KA-01220-SCT
Justia Opinion Summary: Rodney Rushing was indicted by grand jury of unlawful possession of six dosage units of amphetamine. A jury found Rushing guilty of the charged offense, and the trial court sentenced Rushing to three years in the custody…
Date: July 21, 2016
Citation: 2016-IA-00442-SCT
The Unopposed Motion of the Mississippi House of Democratic Caucus for Leave to File Brief as Amicus Curiae in Support of Appellee Representative J.P. Hughes, Jr., is granted as directed herein. The parties may file a response to the amicus brief within seven days of entry of this order. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Order entered 7/07/16.
Date: July 21, 2016
Citation: 2016-M-00218
Date: July 21, 2016
Citation: 2016-TS-00388
This appeal is dismissed upon entry of this order. Costs of appeal, if any, are taxed to the Appellant. To Dismiss Appeal: Waller, C.J., Randolph, P.J., Lamar, Coleman, Maxwell and Beam, JJ. Object to Dismissal: Dickinson, P.J., Kitchens and King, JJ. Order entered 7/07/16.
Date: July 21, 2016
Citation: 89-R-99021-SCT
On the Court's own motion, the en banc Court appoints board members of the Board of Certified Court Reporters as set out in the Order to serve two-year terms commencing on July 1, 2016, as herein designated, or until such time as a successor shall be appointed. Each person appointed as a member of the Board of Certified Court Reporters shall take an oath of office and shall file a copy of that oath with the Supreme Court Clerk. In the event a member cannot continue to serve on the board, that board member shall immediately notify the Chief Justice and the appropriate nominating entity in writing. Should a vacancy otherwise occur, the Chairman of the board shall immediately notify the Chief Justice and the appropriate nominating entity in writing. The Clerk of the Court shall forward a certified copy of this order to the appointees, the Office for the Board of Certified Court Reporters, and the Secretary of State. Order entered 6/29/16.</ul><br><hr>
Date: June 30, 2016
Citation: 2013-CA-01869-SCT
Docket Number: 2013-CA-01869-SCT
Justia Opinion Summary: Cook Timber Company sued Georgia Pacific Corporation, claiming breach of contract and antitrust violations, both unilaterally and through a conspiracy with other market participants. In 1983, Cook Timber entered into a…
Date: June 30, 2016
Citation: 2013-CT-00878-SCT
The Petition for Writ of Certiorari filed pro se by Eugene Washington is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2013-CT-02119-SCT
The Petition for Writ of Certiorari filed by counsel for Kenneth Ray Chipley is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2014-CA-01685-SCT
The Motion for Rehearing filed by the Mississippi Department of Revenue is denied.
Date: June 30, 2016
Citation: 2014-CT-00761-SCT
The Petition for Writ of Certiorari filed by Paul Johnson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2014-CT-01022-SCT
The Petition for Writ of Certiorari filed by Roger Lynn Neely is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2014-CT-01207-SCT
Christopher Wayne Eaves's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2014-CT-01377-SCT
The Petition for Writ of Certiorari filed by counsel for Percy Tate is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2014-CT-01675-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 30, 2016
Citation: 2015-CA-01111-SCT
Beam, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Maxwell, JJ., Concur.
Date: June 30, 2016
Citation: 2015-DP-01159-SCT
Date: June 23, 2016
Citation: 2014-CT-00476-SCT
The Petition for Writ of Certiorari filed by Lennie Dingler and Lesia Dingler is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 23, 2016
Citation: 2014-CT-01060-SCT
The Petition for Writ of Certiorari filed by Kimberlee Michelle Bratcher is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 23, 2016
Citation: 2014-CT-01730-SCT
The Petition for Writ of Certiorari filed by Hudspeth Regional Center and Mississippi State Agencies Self-Insured Workers' Compensation Trust is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., and Beam, J. To Deny: Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 23, 2016
Citation: 2014-IA-01820-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and Kitchens, J., not participating.
Date: June 23, 2016
Citation: 2015-CA-00145-SCT
Docket Number: 2015-CA-00145-SCT
Justia Opinion Summary: On her father’s behalf, Debra Tarvin signed a nursing home Admission Agreement which contained an arbitration provision. After her father Caldwell Tarvin died, she brought a wrongful-death suit against the nursing home,…
Date: June 23, 2016
Citation: 2015-KA-00066-SCT
Docket Number: 2015-KA-00066-SCT
Justia Opinion Summary: A jury convicted Randy Wilson of receiving stolen property in violation of Mississippi Code Section 97-17-70. The trial court sentenced Wilson to ten years in the custody of the Mississippi Department of Corrections. He…
Date: June 23, 2016
Citation: 2016-IA-00442-SCT
The Motion for Leave to File Brief as Amicus Curiae in Support of Appellant by Tate Reeves, in his capacity as the Lieutenant Governor of the State of Mississippi is granted and the amicus brief shall be accepted for filing. The parties may file a response to the amicus brief within seven days of entry of this order. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Order entered.
Date: June 16, 2016
Citation: 2013-CT-01236-SCT
The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., would grant. Maxwell, J., not participating.
Date: June 16, 2016
Citation: 2014-CA-01378-SCT
The Motion for Rehearing filed by Appellees and Cross-Appellants is denied. Kitchens and King, JJ., would grant.
Date: June 16, 2016
Citation: 2014-CA-01638-SCT
Docket Number: 2014-CA-01638-SCT
Justia Opinion Summary: Arrowood Indemnity Company, a member of the Mississippi Windstorm Underwriting Association (“the Windpool”), submitted its premium data as required for a post-Katrina data-correction process. Arrowood failed to claim the…
Date: June 16, 2016
Citation: 2014-CT-00817-SCT
Ryan Simmons's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.
Date: June 16, 2016
Citation: 2014-CT-01493-SCT
The Petition for Writ of Certiorari filed by Hubert Fulton, Jr., pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 16, 2016
Citation: 2014-CT-01562-SCT
The Petition for Writ of Certiorari filed by Bobby Leonard Gray is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Beam, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 16, 2016
Citation: 2014-KA-01172-SCT
On the Court's own motion, the parties are required to submit supplemental briefs in accordance with the instant order within thirty days from the date of the order. Kitchens and King, JJ., do not join. Order entered 6/10/16.
Date: June 9, 2016
Citation: 2013-CT-01807-SCT
The Petition for Writ of Certiorari filed by counsel for the petitioners is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman and Beam, JJ. To Deny: Dickinson, P.J., and Lamar, J. Not Participating: Maxwell, J. Order entered.
Date: June 9, 2016
Citation: 2014-CA-01227-SCT
Docket Number: 2014-CA-01227-SCT
Justia Opinion Summary: Patrick Heiter sought to terminate or reduce his alimony obligation. He argued the chancellor erred in finding that he had failed to prove a material change in circumstances since his divorce from Lindalyn Heiter that…
Date: June 9, 2016
Citation: 2014-CT-01292-SCT
The Petition for Writ of Certiorari filed by Henry J. Parker, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.
Date: June 9, 2016
Citation: 2014-KA-01454-SCT
Docket Number: 2014-KA-01454-SCT
Justia Opinion Summary: Joshua Hurst was convicted by a jury on two counts of murder, two counts of aggravated assault, and one count of being a felon in possession of a firearm. He appealed, arguing that his constitutional and statutory rights…
Date: June 9, 2016
Citation: 2015-CA-00413-SCT
Docket Number: 2015-CA-00413-SCT
Justia Opinion Summary: Tomeka Handy filed a complaint alleging medical negligence against Madison County Nursing Home and Madison County. Handy filed her complaint for wrongful death on October 4, 2012, individually and in her capacity as the…
Date: June 9, 2016
Citation: 2015-JP-00996-SCT
The Motion for Rehearing filed by the Mississippi Commission on Judicial Performance is denied. Kitchens and King, JJ., would grant. Beam, J., not participating.
Date: June 9, 2016
Citation: 2015-JP-01281-SCT
Docket Number: 2015-JP-01281-SCT
Justia Opinion Summary: On August 26, 2015, the Mississippi Commission on Judicial Performance found that former Municipal Court Judge Latisha Nicole Clinkscales had engaged in judicial misconduct constituting willful misconduct in office and…
Date: June 9, 2016
Citation: 2016-IA-00442-SCT
The Motion to Lift Stay and to Remand to State Court for Further Proceedings or, Alternatively, Motion to Add to the Record on Appeal filed by J.P. Hughes, Jr., is dismissed in part and denied in part. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Corrected En Banc Order entered on 6/03/16.
Date: June 2, 2016
Citation: 2012-CT-01963-SCT
The Petition for Writ of Certiorari filed by counsel for Courtney R. Logan is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Coleman and Beam, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 2, 2016
Citation: 2013-CT-00149-SCT
Docket Number: 2013-CT-00149-SCT
Justia Opinion Summary: Propst Pittman filed a complaint for divorce against Ty Pittman on the grounds of habitual cruel and inhuman treatment. After the presentation of Propst’s evidence, Ty moved for a dismissal under Mississippi Rule of…
Date: June 2, 2016
Citation: 2013-CT-01946-SCT
The Petition for Writ of Certiorari filed by Theotus Barnett is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.
Date: June 2, 2016
Citation: 2014-CA-01005-SCT
Docket Number: 2014-CA-01005-SCT
Justia Opinion Summary: After hearing all the evidence in a medical-malpractice trial, the jury retired to deliberate. At some point during their deliberations, they requested a copy of the jury instructions, which the bailiff provided. But…
Date: June 2, 2016
Citation: 2014-CA-01748-SCT
Docket Number: 2014-CA-01748-SCT
Justia Opinion Summary: Sweet Valley Missionary Baptist Church appealed a circuit court order denying its request for prejudgment interest against Alfa Insurance Company. This suit arose from a 2005 insurance claim Sweet Valley filed with Alfa…
Date: June 2, 2016
Citation: 2014-IA-01419-SCT
Docket Number: 2014-IA-01419-SCT
Justia Opinion Summary: In an interlocutory appeal, defendants the Mississippi Transportation Commission (“MTC”) and the Mississippi Department of Transportation (“MDOT”) moved for summary judgment to dismiss the case against them on immunity…
Date: June 2, 2016
Citation: 2014-KA-00835-SCT
Docket Number: 2014-KA-00835-SCT
Justia Opinion Summary: Dequane Lomax was indicted by grand jury on two counts of forcible rape and two counts of simple assault on a law-enforcement officer. The circuit court severed Count I from Counts II, III, and IV. Lomax then proceeded…
Date: June 2, 2016
Citation: 2014-SA-01350-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: June 2, 2016
Citation: 2015-CA-00596-SCT
Docket Number: 2015-CA-00596-SCT
Justia Opinion Summary: During jury selection, plaintiff H.A.S. Electrical Contractors (HAS) challenged defendant Hemphill Construction Company’s use of two peremptory strikes. HAS argued Hemphill’s strikes were racially discriminatory. The…
Date: June 2, 2016
Citation: 2015-DR-00591-SCT
The Unopposed Motion to Stay Briefing on the Petition for Post-Conviction Relief filed by Petitioner is granted. Briefing of Petitioner's Petition for Post-Conviction Relief by this Court will be stayed until August 1, 2016. Order entered on 5/27/16.
Date: June 2, 2016
Citation: 2016-IA-00442-SCT
The Motion to Lift Stay and to Remand to State Court for Further Proceedings or, Alternatively, Motion to Add to the Record on Appeal filed by J.P. Hughes, Jr., is dismissed in part and denied in part. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Order entered.
Date: May 26, 2016
Citation: 2012-CA-01610-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant. Waller, C.J., and Maxwell, J., Not Participating.
Date: May 26, 2016
Citation: 2013-CT-00383-SCT
The Petition for Writ of Certiorari filed by Alphonzo Cortez Garth is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 26, 2016
Citation: 2013-CT-01286-SCT
The Petition for Writ of Certiorari filed by Tommy Ames is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 26, 2016
Citation: 2013-CT-01629-SCT
The Petition for Writ of Certiorari filed by Robert Bufford is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.
Date: May 26, 2016
Citation: 2014-CA-01420-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: May 26, 2016
Citation: 2014-CA-01587-SCT
The Motion for Rehearing filed by Appellee is denied. Waller, C.J., Randolph, P.J., and Maxwell, J., Not Participating.
Date: May 26, 2016
Citation: 2014-CT-00094-SCT
The Petition for Writ of Certiorari filed by Joe Johnson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 26, 2016
Citation: 2014-CT-00553-SCT
The Petition for Writ of Certiorari filed by Glenda Faye Owens, individually and on behalf of Brandon Townsel is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman and Beam, JJ. To Grant: Lamar and Kitchens, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 26, 2016
Citation: 2014-DR-01689-SCT
The Motion to Seal Documents filed by Caleb Corrothers is denied. All Justices Agree. Order entered.
Date: May 26, 2016
Citation: 2015-CA-01818-SCT
Terry Pitchford's Motion to Supplement the Record and for Stay Pending Supplementation of the Record is granted. Within thirty (30) days of the entry of this order, Pitchford shall file certified copies of the transcripts. Costs shall be assessed to Grenada County. Pitchford's brief is due to be filed within forty (40) days of the filing of the supplemental record. To Grant: All Justices. Order entered on 5/23/16.
Date: May 26, 2016
Citation: 2015-IA-00072-SCT
The Motion for Rehearing filed by Appellees is denied.
Date: May 26, 2016
Citation: 2015-IA-00860-SCT
Docket Number: 2015-IA-00860-SCT
Justia Opinion Summary: Herbert Williams sued the City of Vicksburg after he had been arrested after informing police officers that he had discharged a firearm to prevent an attack by a neighbor’s dog. The city moved for dismissal, which the…
Date: May 26, 2016
Citation: 2015-M-01697
The Motion for Determination Regarding Rule 22 Qualification is dismissed without prejudice to Johnson's right to seek relief in the trial court under Rule 22(d) as amended. The Motion to Strike the State's response is dismissed as moot. All Justices Agree. Order entered on 5/19/16.
Date: May 26, 2016
Citation: 2015-M-01698
The Motion for a Determination of Rule 22 Qualification is dismissed without prejudice to Kassoff's right to seek relief in the trial court under Rule 22(d) as amended. The Motion to Strike the State's response is dismissed as moot. All Justices Agree. Order entered on 5/19/16.
Date: May 26, 2016
Citation: 2016-M-00500-SCT
The Petition for Interlocutory Appeal from the Circuit Court Order Denying Post-Conviction Discovery filed by Petitioner is denied. All Justices Agree. Order entered on 5/20/16.
Date: May 19, 2016
Citation: 2012-CT-01825-SCT
The Petition for Writ of Certiorari filed by Charles Kuebler is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Deny: Randolph, P.J. Not Participating: Maxwell, J. Order entered.
Date: May 19, 2016
Citation: 2013-CT-00134-SCT
The Petition for Writ of Certioari filed by James David Fortenberry is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam. Not Participating: Maxwell, J. Order entered.
Date: May 19, 2016
Citation: 2013-CT-01758-SCT
The Petition for Writ of Certiorari filed by Dillard Harvey is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 19, 2016
Citation: 2014-CT-00453-SCT
The Petition for Writ of Certiorari filed by Robert Sutton is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Beam, JJ. To Grant: Coleman, J. Not Participating: Maxwell, J. Order entered.
Date: May 19, 2016
Citation: 2014-CT-00696-SCT
The Petition for Writ of Certiorari filed by Howard Industries, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.
Date: May 19, 2016
Citation: 2014-CT-01208-SCT
The Petition for Writ of Certiorari filed by Bobby C. Sanders, Jr., is dismissed. Order entered.
Date: May 19, 2016
Citation: 2014-CT-01298-SCT
The Petition for Writ of Certiorari filed by Catherine Ann Watts is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 19, 2016
Citation: 2014-KA-01115-SCT
Docket Number: 2014-KA-01115-SCT
Justia Opinion Summary: A jury convicted Archie Quinn of capital murder, and the trial judge sentenced him to life in prison, without the possibility of parole. Quinn appealed to the Supreme Court, arguing: (1) that the jury was incompletely…
Date: May 19, 2016
Citation: 2014-KA-01778-SCT
Docket Number: 2014-KA-01778-SCT
Justia Opinion Summary: John Hale was convicted on four counts of sale or transfer of a controlled substance and was sentenced as a habitual offender to serve a total of sixteen years’ imprisonment without the possibility of parole. On appeal,…
Date: May 19, 2016
Citation: 2015-IA-00167-SCT
Docket Number: 2015-IA-00167-SCT
Justia Opinion Summary: This was an interlocutory appeal involving a premises-liability case. Cynthia Adams, one of the defendants in the case, filed a motion for summary judgment, which the trial court denied. Plaintiff Anthony Hughes brought…
Date: May 12, 2016
Citation: 2013-CT-01906-SCT
The Petition for Writ of Certiorari filed pro se by Ouida J. Claiborne is dismissed. Order entered.
Date: May 12, 2016
Citation: 2014-CT-00342-SCT
Date: May 12, 2016
Citation: 2014-CT-00787-SCT
The Petition for Writ of Certiorari filed by Christopher Grady is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 12, 2016
Citation: 2014-DP-00177-SCT
The Motion to Unseal Documents and Suspend the Briefing Schedule filed by the Appellee is granted. The aforementioned documents shall be unsealed, and the State's brief shall be filed within thirty days of entry of this Order. All Justices Agree. Order entered on 5/10/16.
Date: May 12, 2016
Citation: 2014-IA-00721-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: May 12, 2016
Citation: 2015-CA-00208-SCT
Docket Number: 2015-CA-00208-SCT
Justia Opinion Summary: Three and a half years after his divorce was final, Dr. Chad Wigington filed a complaint to reopen. He alleged that the divorce settlement agreement between him and his ex-wife, Dr. Laura McCalop, was procedurally and…
Date: May 12, 2016
Citation: 2015-CA-00349-SCT
Docket Number: 2015-CA-00349-SCT
Justia Opinion Summary: Charlene Ivy was admitted to East Mississippi State Hospital (“EMSH”) in May 2012, and she died on July 17, 2012. Alleging medical negligence by EMSH staff, Ivy’s son Spencer sent a Notice of Claim letter via certified…
Date: May 12, 2016
Citation: 2015-CA-00431-SCT
The parties are directed to file supplemental briefs, due on the following schedule: Within thirty days of the date of this order, the Appellant shall file its supplemental brief, not to exceed twenty-five pages within thirty days of the service of Appellant's supplemental brief, the Appellee shall file its supplemental brief, not to exceed twenty-five pages within fourteen days of the service of the Appellee's supplemental brief, the Appellant may file a supplemental reply brief, not to exceed ten pages. Order entered on 5/05/16.
Date: May 12, 2016
Citation: 2016-IA-00442-SCT
Date: May 12, 2016
Citation: 89-R-99002-SCT
The Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Advisory Committee on Rules on August 17, 2009, is denied. All Justices Agree. Order entered.</ul><br><hr>
Date: May 12, 2016
Citation: 89-R-99027-SCT
On the Court's own motion, trial court clerks may use the appellate e-filing system to transmit files to this Court electronically. All Justices Agree. Order entered on 5/06/16.</ul><br><hr>
Date: May 5, 2016
Citation: 2013-CA-02145-SCT
The Motion for Rehearing filed by the Appellee is denied. Dickinson, P.J., would grant. Waller, C.J., and Maxwell, J., Not Participating.
Date: May 5, 2016
Citation: 2013-CT-01635-SCT
The Petition for Writ of Certiorari filed by Patrick Fluker is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 5, 2016
Citation: 2014-CA-00296-SCT
The Motion for Rehearing filed by the Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.
Date: May 5, 2016
Citation: 2014-CT-00041-SCT
The Petition for Writ of Certiorari filed by Jennifer Carter is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: May 5, 2016
Citation: 2015-CA-00029-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: April 28, 2016
Citation: 2013-CT-01236-SCT
Docket Number: 2013-CT-01236-SCT
Justia Opinion Summary: A jury convicted Preston Overton of possession of cocaine and possession of a firearm by a convicted felon. The day before trial, the defense disclosed its intent to call two witnesses, but the circuit judge excluded…
Date: April 28, 2016
Citation: 2013-CT-02109-SCT
Petition for Writ of Certiorari filed by the Appellees was granted by order of this Court on February 22, 2016. Upon further review, the Court finds that there is no need for additional consideration, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Maxwell, J., Not Participating. King, J., for the Court. Order entered.
Date: April 28, 2016
Citation: 2014-CT-00266-SCT
The Petition for Writ of Certiorari filed by Stewart Chase Vaughn is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.
Date: April 28, 2016
Citation: 2014-CT-00382-SCT
The Petition for Writ of Certiorari filed by Demetrious Averett is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.
Date: April 28, 2016
Citation: 2014-SA-01181-SCT
The Motion for Rehearing filed by Appellants is denied.
Date: April 28, 2016
Citation: 2015-IA-00975-SCT
Date: April 21, 2016
Citation: 2014-CT-00209-SCT
The Petition for Writ of Certiorari filed by High Sierra Tax Sale Properties, LLC, and GJ Tax Sale Properties, LLC, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: April 21, 2016
Citation: 2014-CT-00233-SCT
The Petition for Writ of Certiorari filed by Margaret Byrd is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.
Date: April 21, 2016
Citation: 2014-CT-00819-SCT
The Petition for Writ of Certiorari filed by James Brett Holmes is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: April 21, 2016
Citation: 2014-CT-00921-SCT
The Petition for Writ of Certiorari filed pro se by Michael Ducksworth is dismissed. Order entered.
Date: April 21, 2016
Citation: 2014-CT-00992-SCT
The Petition for Writ of Certiorari filed by Michael Leroy Knight, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: April 21, 2016
Citation: 2014-CT-01290-SCT
The Petition for Writ of Certiorari filed by William Dewayne Savell is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Coleman and Beam, JJ. Dickinson, P.J., Agrees with Separate Written Statement Joined by Kitchens and King, JJ. Not Participating: Maxwell, J. Order and Separate Written Statement entered.
Date: April 21, 2016
Citation: 2014-IA-01820-SCT
Docket Number: 2014-IA-01820-SCT
Justia Opinion Summary: In an interlocutory appeal, Pekin Insurance Company challenged the denial of its motion to dismiss for lack of personal jurisdiction. Pekin was an Illinois company not licensed to sell insurance in Mississippi. Pekin…
Date: April 21, 2016
Citation: 2014-M-00077
Steven Hall's Application for Leave to Proceed in the Trial Court is dismissed in part and denied in part. To Dismiss in Part and Deny in Part: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Order entered.
Date: April 21, 2016
Citation: 2015-CA-00160-SCT
Docket Number: 2015-CA-00160-SCT
Justia Opinion Summary: The Hinds County Youth Court found that three-year-old J.T. had been sexually abused by her father, based on a statement she made which could describe either sexual abuse or innocent contact between a father and…
Date: April 21, 2016
Citation: 2015-CA-00353-SCT
Docket Number: 2015-CA-00353-SCT
Justia Opinion Summary: The Gulfport City Council approved the City of Gulfport’s application to use the historic Grass Lawn Home as a recreation center upon its reconstruction after Hurricane Katrina. Peter and Fay Barrett appealed the City…
Date: April 21, 2016
Citation: 2015-TS-01013
The Court finds that Lesley Loree Spence is in contempt of court for her failure to file her portion of the transcript in this appeal and for her failure to comply with M.R.A.P. 11. The Court directs Ms. Spence to file her portion of the transcript in this appeal by April 29, 2016. The Court finds that Ms. Spence should be sanctioned in the amount of Five Hundred Dollars ($500.00), to be paid unto the Clerk of this Court within thirty days of the entry of this order. The Court refers this matter to the Board of Certified Court Reporters so that it may engage in such investigation and take such disciplinary action as it deems appropriate. The Clerk of the Court shall provide copies of this order to Lesley Loree Spence and the attorneys of record. Order entered on 4/14/16.
Date: April 14, 2016
Citation: 2013-CT-00058-SCT
Docket Number: 2013-CT-00058-SCT
Justia Opinion Summary: Charles Bester pleaded guilty to forcible rape, and the trial judge sentenced him to life imprisonment. Bester petitioned for post-conviction relief (PCR), arguing that the forcible rape statute allowed only a jury to…
Date: April 14, 2016
Citation: 2013-CT-01611-SCT
The Petition for Writ of Certiorari filed by Leta D. Collins is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: April 14, 2016
Citation: 2014-CA-01378-SCT
Docket Number: 2014-CA-01378-SCT
Justia Opinion Summary: In 2006, Dr. Terry McMillin and his wife Leslie purchased a new home in Tupelo. Unhappy with contractor Jamie Ewing’s failure to respond to their repair requests, plus their discovery of a document (a blue card, noting a…
Date: April 14, 2016
Citation: 2014-CT-01064-SCT
The Petition for Writ of Certiorari and Motion for Trial by Jury filed by Erika L. Felter is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: April 14, 2016
Citation: 2014-KA-00464-SCT
Docket Number: 2014-KA-00464-SCT
Date: April 14, 2016
Citation: 2014-UR-01425-SCT
The Motion for Rehearing filed by Mississippi Public Service Commission is denied. Not Participating: Maxwell, J.
Date: April 14, 2016
Citation: 2014-UR-01447-SCT
The Motion for Rehearing filed by Mississippi Public Service Commission is denied. Not Participating: Maxwell, J.
Date: April 14, 2016
Citation: 2015-CA-00051-SCT
Docket Number: 2015-CA-00051-SCT
Justia Opinion Summary: Regina Corr sued Dr. Charles Robinson for medical malpractice. The jury awarded Corr $55,634.78 for past medical expenses and $420,000 for pain and suffering. Robinson filed motions for judgment notwithstanding the…
Date: April 14, 2016
Citation: 2015-CA-00260-SCT
Docket Number: 2015-CA-00260-SCT
Justia Opinion Summary: William Burgess, a common stock shareholder of BancorpSouth, Inc., filed a shareholder derivative action after a Special Committee comprised of BancorpSouth directors and officers rejected his presuit demand. In that…
Date: April 14, 2016
Citation: 2015-DR-01378-SCT
The Motion for Appointment of Counsel is remanded to the trial court for determination. The Motion for Circuit Court Jurisdiction over Discovery Matters is dismissed as not being properly before the Court. Order entered on 4/06/16.
Date: April 14, 2016
Citation: 2015-JP-00996-SCT
Docket Number: 2015-JP-00996-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance issued a Formal Complaint against Chancellor David Shoemake, alleging judicial misconduct. The Complaint contained allegations that Judge Shoemake had contributed to the…
Date: April 7, 2016
Citation: 2014-CA-00551-SCT
Docket Number: 2014-CA-00551-SCT
Justia Opinion Summary: Henry Roop sued Southern Pharmaceuticals Corporation (“SPC”) and its principal owners, individually, claiming he has been terminated for reporting illegal activity, namely a kickback scheme to be carried out through a…
Date: April 7, 2016
Citation: 2014-DR-00808-SCT
The Unopposed Motion to Stay Post-Conviction Proceedings filed by Petitioner is granted. Petitioner's supplement to the Motion for Leave to Proceed in the Trial Court is due on July 13, 2016. The response of Respondent is due on September 12, 2016. Order entered on 3/31/16.
Date: April 7, 2016
Citation: 2014-KA-00194-SCT
Docket Number: 2014-KA-00194-SCT
Justia Opinion Summary: Steven Lee Boggs appealed his conviction for one count of gratification of lust, arguing that the trial court erred in allowing the State to present improper character evidence. This case arose out of Boggs’s…
Date: April 7, 2016
Citation: 89-R-99037-SCT
On the Court's own motion, by order filed September 25, 2015, the en banc Court re-established the Commission on Children's Justice, appointed its members for three-year terms and designated Judge Virginia C. Carlton of the Court of Appeals of the State of Mississippi and Judge Thomas Broome, County Court Judge of Rankin County, as the co-chairs of the Commission. Since that time the composition of the Supreme Court has changed and other good cause exists for the en banc Court to make the following changes in the membership of the Commission. Justice Dawn H. Beam is appointed as a member of the Commission to succeed former Justice Randy G. Pierce, and her term expires on September 25, 2018, unless terminated sooner by resignation or further order of this Court. Randy G. Pierce, Executive Director of the Mississippi Judicial College, is appointed as a member of the Commission, and his term expires on September 25, 2018, unless terminated sooner by resignation or further order of this Court. David A. Chandler, Ph. D., Executive Director, Division of Family and Children's Services, Mississippi Department of Human Services, is appointed as a member of the Commission, and his term expires on September 25, 2018, unless terminated sooner by resignation or further order of this Court. Justice Dawn H. Beam and Judge Thomas Broome are designated as the Co-Chairs of the Commission. The Clerk of the Supreme Court shall spread this order upon the minutes of the Court and forward a copy of this order to all members of the Commission. Order entered 3/31/16.</ul><br><hr>
Date: March 31, 2016
Citation: 2013-CA-01274-SCT
Docket Number: 2013-CA-01274-SCT
Justia Opinion Summary: This case arose out of property damage suffered by Borries Construction when Grand Casino’s gambling barges broke loose from their moorings and collided with the Schooner Pier and surrounding structures during Hurricane…
Date: March 31, 2016
Citation: 2013-CT-00926-SCT
Docket Number: 2013-CT-00926-SCT
Justia Opinion Summary: Shirley Warren (a/k/a Oliver) was convicted for possession of a controlled substance in a correctional facility. The trial court sentenced her to seven years in the custody of the Mississippi Department of Corrections,…
Date: March 31, 2016
Citation: 2013-CT-01212-SCT
The Petition for Writ of Certiorari filed by James Douglas McKnight is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 31, 2016
Citation: 2014-CA-01004-SCT
Docket Number: 2014-CA-01004-SCT
Justia Opinion Summary: A drug task force was attempting to execute a search warrant on a suspected drug house when gunfire broke out. Several men were standing in front of the house as the taskforce arrived, and, according to the officers, at…
Date: March 31, 2016
Citation: 2014-CA-01128-SCT
Docket Number: 2014-CA-01128-SCT
Justia Opinion Summary: Aundray Isaac filed his complaint against the State in 2012, seeking compensation for wrongful conviction and imprisonment. During the early morning hours of March 11, 1991, a towel draped over the front door of Shannon…
Date: March 31, 2016
Citation: 2015-CA-00100-SCT
Docket Number: 2015-CA-00100-SCT
Justia Opinion Summary: When the Humphreys County Board of Supervisors notified the public of its intention to issue a $1.2 million tax anticipation note, taxpayers filed a petition containing signatures of qualified electors requesting that…
Date: March 31, 2016
Citation: 2015-KA-00207-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: March 31, 2016
Citation: 2016-M-00442-SCT
The Order Granting Temporary Restraining Order and Setting Case for Hearing Pursuant to Rule 65(b) dated March 23, 2016, at 4:15 p.m., in cause number 16-198, is hereby dissolved and all proceedings in the circuit court in this matter are hereby stayed until further order of this Court. To Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Order entered on 3/24/16.
Date: March 24, 2016
Citation: 2013-CT-01619-SCT
The Petition for Writ of Certiorari filed by Antwine Equality Graves is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 24, 2016
Citation: 2014-CA-00556-SCT
Docket Number: 2014-CA-00556-SCT
Justia Opinion Summary: This is the third appeal from the City of Gulfport’s taking of the Dedeaux Utility Company via eminent domain. Dedeaux appealed after the first two trials, and the Mississippi Supreme Court reversed and remanded both…
Date: March 24, 2016
Citation: 2014-CT-00178-SCT
The Petition for Writ of Certiorari filed by Kimberlee Williams is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 24, 2016
Citation: 2015-CA-01161
Date: March 24, 2016
Citation: 2015-FC-01317-SCT
Docket Number: 2015-FC-01317-SCT
Justia Opinion Summary: The federal Fifth Circuit Court of Appeals certified a question of Mississippi law to the Mississippi Supreme Court. Robert Swindol sued his employer, Aurora Flight Sciences Corporation, in federal court for wrongful…
Date: March 17, 2016
Citation: 2013-CT-01772-SCT
The Petition for Writ of Certiorari filed by Daniel S. Fillingame is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Maxwell, J., not participating. Order entered.
Date: March 17, 2016
Citation: 2013-KA-01888-SCT
Docket Number: 2013-KA-01888-SCT
Justia Opinion Summary: A jury found Patrick Giles guilty of statutory rape and sexual battery, for which he was sentenced to ten years for statutory rape and twenty-five years for sexual battery, to run consecutively. On appeal to the Supreme…
Date: March 17, 2016
Citation: 2014-CA-00231-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant. Waller, C.J., Not Participating.
Date: March 17, 2016
Citation: 2014-CA-01195-SCT
Docket Number: 2014-CA-01195-SCT
Justia Opinion Summary: The Northeast Mental Health-Mental Retardation Commission challenged the validity of a ninety-nine-year fixed-lease agreement with a private contractor, V.M. Cleveland. The Commission contracted to pay Cleveland $18,000…
Date: March 17, 2016
Citation: 2014-CA-01759-SCT
Docket Number: 2014-CA-01759-SCT
Justia Opinion Summary: Jason Hall appealed a circuit court order dismissing his petition for statutory compensation under Mississippi’s Compensation Act for Wrongful Conviction and Imprisonment. After review of the particular facts of this…
Date: March 17, 2016
Citation: 2014-CT-00327-SCT
The Petition for Writ of Certiorari filed by Timothy Michael Snowden is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Maxwell, J., not participating. Order entered.
Date: March 17, 2016
Citation: 2014-KA-00986-SCT
Docket Number: 2014-KA-00986-SCT
Justia Opinion Summary: Eddie Hall was convicted of murdering Johnny “Tubby” Hubbard in the Black Cat community of Covington County. The jury heard eyewitness testimony that when a fight broke out at the end of a horse show, Hall retrieved a…
Date: March 17, 2016
Citation: 2015-CA-00044-SCT
Docket Number: 2015-CA-00044-SCT
Justia Opinion Summary: Early in the morning on November 7, 2011, Arnoldo Moreno, Juan Estrada, and Jose Garcia-Guillan were killed in a motor-vehicle collision when Arnoldo’s pickup truck collided with an eighteen-wheeler tractor-trailer,…
Date: March 17, 2016
Citation: 2015-IA-00072-SCT
Docket Number: 2015-IA-00072-SCT
Justia Opinion Summary: The special court of eminent domain granted Todd and Angela Kuhn’s petition for a private road across Cheryl High’s property in Gulfport. As grounds for their claim, the Kuhns utilized Mississippi Code Section 65-7-201…
Date: March 10, 2016
Citation: 2012-CT-01066-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant. Maxwell, J., not participating.
Date: March 10, 2016
Citation: 2013-CA-01535-SCT
The Motion for Rehearing filed by Pat Harrison Waterway District is denied. Kitchens, King and Coleman, JJ., would grant. Beam, J., not participating.
Date: March 10, 2016
Citation: 2013-CT-01652-SCT
Petition for Writ of Certiorari filed by Derrick Newell was granted by order of this Court on December 10, 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. Kitchens and King, JJ., Disagree. Maxwell, J., Not Participating. Waller, C.J., for the Court. Order entered.
Date: March 10, 2016
Citation: 2013-CT-01744-SCT
The Petition for Writ of Certiorari filed by Shannon Rayner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 10, 2016
Citation: 2013-CT-01785-SCT
The Petition for Writ of Certiorari filed by counsel for Trevor Hoskins is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman and Beam, JJ. To Grant: King, J. Not Participating: Maxwell, J. Order entered.
Date: March 10, 2016
Citation: 2014-CA-01488-SCT
Docket Number: 2014-CA-01488-SCT
Justia Opinion Summary: Bobby Gibson filed a legal-malpractice action against Joe Montgomery and his law firm, Williams, Williams and Montgomery, P.A. (“WWM”), alleging wrongful conduct in connection with the administration of his late wife…
Date: March 10, 2016
Citation: 2014-CA-01558-SCT
Docket Number: 2014-CA-01558-SCT
Justia Opinion Summary: Ann Doe was treated at Rankin Medical Center after she was sexually assaulted. Doe claimed that when she returned to school, fellow students teased her about the sexual assault. According to Doe, unidentified classmates…
Date: March 10, 2016
Citation: 2014-CA-01685-SCT
Docket Number: 2014-CA-01685-SCT
Justia Opinion Summary: The Mississippi Department of Revenue (MDOR) audited Hotel and Restaurant Supply (Hotel) and concluded that Hotel owed hundreds of thousands of dollars in underpaid sales tax. Hotel appealed the assessment to MDOR’s…
Date: March 10, 2016
Citation: 2014-CT-00935-SCT
The Petition for Writ of Certiorari filed by Compfirst/L.C. Industries and Legion Insurance Company is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 10, 2016
Citation: 2014-IA-00913-SCT
The Motion for Rehearing filed by the Appellee is denied.
Date: March 10, 2016
Citation: 2014-KA-00547-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Date: March 10, 2016
Citation: 2014-SA-01350-SCT
King, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman, Maxwell and Beam, JJ., Concur.
Date: March 10, 2016
Citation: 2014-SA-01480-SCT
Docket Number: 2014-SA-01480-SCT
Justia Opinion Summary: A female corrections officer in a juvenile-detention facility in Lee County was fired for refusing to wear the proper uniform. After she filed for unemployment benefits, the Mississippi Department of Employment Security…
Date: March 3, 2016
Citation: 2013-CA-01869-SCT
Docket Number: 2013-CA-01869-SCT
Justia Opinion Summary: Cook Timber Company sued Georgia Pacific Corporation, claiming breach of contract and antitrust violations, both unilaterally and through a conspiracy with other market participants. The circuit judge granted Georgia…
Date: March 3, 2016
Citation: 2013-CT-01782-SCT
The Petition for Writ of Certiorari filed by William Henderson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 3, 2016
Citation: 2014-CT-00434-SCT
Eric Brown's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Beam, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 3, 2016
Citation: 2014-CT-00445-SCT
The Petition for Writ of Certiorari filed by Appellants David Ruppert and Paul Franken is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
Date: March 3, 2016
Citation: 2014-IA-00721-SCT
Docket Number: 2014-IA-00721-SCT
Justia Opinion Summary: Marcus and Patricia Byrd’s home, in The Timbers of Crossgates subdivision in Brandon, was managed by Ridgway, Lane & Associates (Ridgway). The Byrds claimed that mold began growing inside the home when Ridgway and the…
Date: March 3, 2016
Citation: 2015-IA-01765-SCT
The Withdrawal of Motion to Stay Proceedings in Circuit Court Pending Interlocutory Review filed by Alan Dale Walker is granted. The Motion to Stay Proceedings in Circuit Court Pending Interlocutory Review filed by Walker is dismissed upon entry of this order. Order entered.
Date: March 3, 2016
Citation: 2015-TS-01013
Before the Court en banc, Barbara L. Crawford is in contempt of court for her failure to file her portion of the transcript in this action, and for her failure to respond to the show cause notice issued by the Clerk of this Court on December 22, 2015. The Court directs Ms. Crawford to file all transcripts in connection with this action within 14 days from the date of this order. The Court directs Ms. Crawford, within 14 days from the date of this order, to file with the Clerk of this Court a status report of all transcripts currently outstanding. The Court will determine appropriate sanctions at a later date. The Court refers this matter to the Board of Certified Court Reporters so that it may engage in such investigation and take such disciplinary action as it deems appropriate. Order entered on 3/1/16.
Date: February 26, 2016
Citation: 2016-EC-00163-SCT
The Motion to Recall the Mandate is granted, the Motion to Alter or Amend the Judgment or For Other Necessary Relief is granted in part, this Court's prior opinion is withdrawn, this opinion is substituted in its place, and the remainder of the Motion to Alter or Amend the Judgment or For Other Necessary Relief is stricken. See Opinion of this Court handed down this date.
Date: February 26, 2016
Citation: 2016-IA-00148-SCT
Date: February 25, 2016
Citation: 2013-CT-01547-SCT
The Petition for Writ of Certiorari filed by David Heath is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Beam, JJ. To Grant: Lamar, J. Not Participating: Maxwell, J. Order entered.
Date: February 25, 2016
Citation: 2013-CT-01845-SCT
The Petition for Writ of Certiorari filed by City of Picayune, Mississippi is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Dickinson, P.J., and Maxwell, J. Order entered.
Date: February 25, 2016
Citation: 2013-CT-02109-SCT
The Petition for Writ of Certiorari filed by Baptist Memorial Health Care Corporation, et al., is granted. To Grant: Waller, C.J., Dickinson, P.J., King, Coleman and Beam, JJ. To Deny: Randolph, P.J., Lamar and Kitchens, JJ. Not Participating: Maxwell, J. Order entered.
Date: February 25, 2016
Citation: 2013-KA-02165-SCT
Docket Number: 2013-KA-02165-SCT
Justia Opinion Summary: A grand jury indicted Dewayne Graham on kidnapping, forcible rape, and sexual battery charges. The trial court reset the trial date five times over the next sixteen months. After a two-day trial, the jury returned a…
Date: February 25, 2016
Citation: 2014-CA-00296-SCT
Docket Number: 2014-CP-00296-SCT
Justia Opinion Summary: In July 2006, John Blakeney and his wife Wanda were arrested for the murders of Willie Earl and Anita Kitchens, Wanda’s biological grandparents and legal parents. John confessed to the murders when he was arrested. John,…
Date: February 25, 2016
Citation: 2014-CA-01420-SCT
Docket Number: 2014-CA-01420-SCT
Justia Opinion Summary: While attending Auburn University on a full football scholarship, Austin Ramsey permanently injured his back in the university’s weight room in Auburn, Alabama. Ramsey filed suit in the Circuit Court of Madison County,…
Date: February 25, 2016
Citation: 2014-CA-01485-SCT
Docket Number: 2014-CA-01485-SCT
Justia Opinion Summary: White Hall on MS River, LLC began with an informal gentleman’s agreement in which there would be five initial contributors each putting up $500,000 with which to purchase land from International Paper. All of the parties…
Date: February 25, 2016
Citation: 2014-KA-00501-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: February 25, 2016
Citation: 2015-CA-00029-SCT
Docket Number: 2015-CA-00029-SCT
Justia Opinion Summary: A collection company, acting on behalf of a hospital, sued John Brown. The lawsuit stemmed from Brown’s nonpayment for medical services. Though Brown initially answered, claiming entitlement to a set-off, he later tried…
Date: February 25, 2016
Citation: 2015-CA-00762-SCT
Date: February 25, 2016
Citation: 2016-EC-00163-SCT
The Secretary of State's Motion to Dismiss Appeal filed in Cause No. 2016-EC-00163-SCT is dismissed as moot. Order entered.
Date: February 25, 2016
Citation: 2016-IA-00148-SCT
Docket Numbers: 2016-IA-00148-SCT, 2016-EC-00163-SCT
Justia Opinion Summary: Dr. Willie Wilson timely submitted his petition and qualification papers to the Mississippi State Democratic Executive Committee (the “Party”), to run for President in the 2016 Democratic primary. The Party rejected Dr.…
Date: February 25, 2016
Citation: 89-R-99039
On the Court's own motion, finding that certain appointments expired on December 31, 2015, the en banc Court now makes the following appointments to the State Drug Courts Advisory Committee as set out in the Order. The Clerk of this Court is directed forthwith to forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered on 2/19/16.</ul><br><hr>
Date: February 18, 2016
Citation: 2013-CT-00282-SCT
The Petition for Writ of Certiorari to the Mississippi Supreme Court filed by Appellee, Regions Bank is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered on 2/11/16.
Date: February 18, 2016
Citation: 2014-KA-00175-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Date: February 18, 2016
Citation: 2015-KA-00337-SCT
Docket Number: 2015-KA-00337-SCT
Justia Opinion Summary: Thomas Tubbs was indicted, tried, and found guilty by jury of molestation and sentenced by the trial judge to fifteen years’ imprisonment. Tubbs argued on appeal of that conviction that the trial court erred in admitting…
Date: February 18, 2016
Citation: 2015-TS-01013
Barbara L. Crawford shall appear before this Court on February 25, 2016, at 10:30 a.m., at the Carroll Gartin Justice Building in Jackson, Mississippi, and show cause why she should not be held in contempt for failure to fulfill her duties as court reporter. Order entered on 2/12/16.
Date: February 11, 2016
Citation: 2008-CT-01855-SCT
The Petition for Writ of Certiorari filed by Toulman D. Boatwright, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: February 11, 2016
Citation: 2009-CT-01412-SCT
The Petition for Writ of Certiorari filed by Toulman D. Boatwright, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: February 11, 2016
Citation: 2013-CT-00408-SCT
Docket Number: 2013-CT-00408-SCT
Justia Opinion Summary: Perreice Collins filed a wrongful death action on behalf of her minor daughter, Shoniqwa, and on behalf of the wrongful death beneficiaries of Shoniqwa’s stillborn daughter, Shataja. Finding that Collins had not shown…
Date: February 11, 2016
Citation: 2013-CT-01238-SCT
Docket Number: 2013-CT-01238-SCT
Justia Opinion Summary: Khambraya Stanley and Jeanette Winchester were purchasing fuel at a gas station owned and operated by Scott Petroleum when they were struck from behind by an out-of-control car. They asserted that Scott Petroleum…
Date: February 11, 2016
Citation: 2013-CT-01773-SCT
The Petition for Writ of Certiorari filed by Christopher Deans is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: February 11, 2016
Citation: 2013-CT-02132-SCT
The Petition for Writ of Certiorari filed by Richard White is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., and Lamar, J. Not Participating: Maxwell, J. Order entered.
Date: February 11, 2016
Citation: 2013-KA-01973-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and Kitchens, J., would grant.
Date: February 11, 2016
Citation: 2014-CT-00060-SCT
The Petition for Writ of Certiorari filed by Toulman D. Boatwright, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: February 11, 2016
Citation: 2014-CT-00523-SCT
The Petition for Writ of Certiorari filed by William Dwayne Salter is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: February 11, 2016
Citation: 2014-SA-01181-SCT
Docket Number: 2014-SA-01181-SCT
Justia Opinion Summary: The Mississippi Transportation Commission (MTC) filed a complaint to condemn 11.5 acres of highway frontage property owned by United Assets, LLC, leaving United Assets with 12.02 acres. After a trial in the Forrest…
Date: February 4, 2016
Citation: 2013-CT-01179-SCT
The Motion for Rehearing filed by Appellant is denied. Maxwell, J., not participating.
Date: February 4, 2016
Citation: 2013-CT-02046-SCT
The Petition for Writ of Certiorari filed by Ronnie L. Boyd is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchen, King and Coleman, JJ. Not Participating: Pierce and Maxwell, JJ. Order entered on 1/29/16.
Date: February 4, 2016
Citation: 2013-DR-00327-SCT
Thong Le's Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is granted. Le may file a petition for post-conviction relief in the circuit court on his claim that trial counsel provided constitutionally ineffective representation by failing to investigate and present mitigation evidence. This motion should be filed within sixty days of the issuance of this Court's mandate. Le is denied leave to proceed on his other claims. To Grant: Dickinson, P.J., Lamar, Kitchen, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Pierce and Maxwell, JJ. Dickinson, P.J., for the Court. Order entered on 1/29/16.
Date: February 4, 2016
Citation: 2014-CT-00260-SCT
The Petition for Writ of Certiorari filed by Appellants, David Glen Nunnery and Jene' Nunnery is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and King, JJ. To Deny: Randolph, P.J., and Coleman, J. Not Participating: Kitchens, Pierce and Maxwell, JJ. Order entered on 1/29/16.
Date: February 4, 2016
Citation: 2014-KA-00087-SCT
Docket Number: 2014-KA-00087-SCT
Date: February 4, 2016
Citation: 2014-KA-01778-SCT
Docket Number: 2014-KA-01778-SCT
Justia Opinion Summary: John Hale was convicted on four counts of sale or transfer of a controlled substance and was sentenced as a habitual offender to serve a total of sixteen years’ imprisonment without the possibility of parole. On appeal,…
Date: February 4, 2016
Citation: 2014-UR-01425-SCT
Docket Numbers: 2014-UR-01425-SCT, 2014-UR-01447-SCT
Justia Opinion Summary: This consolidated appeal stemmed from the Mississippi Public Service Commission’s grant of a rate increase to Mississippi River Gas, LLC (MRG). The cities of Tchula and Port Gibson challenged the Commission’s authority…
Date: January 28, 2016
Citation: 2012-CT-01218-SCT
The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., and Maxwell, J., not participating.
Date: January 28, 2016
Citation: 2013-CT-01228-SCT
Docket Number: 2013-CT-01228-SCT
Justia Opinion Summary: In February 2012, the Adams County Sheriff’s Department recovered three firearms from the trunk of Verenzo Green’s vehicle during an inventory search of the vehicle. A grand jury indicted Green and, following a trial in…
Date: January 28, 2016
Citation: 2013-CT-01265-SCT
The Petition for Writ of Certiorari filed by counsel for the Mississippi Department of Transportation is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-CA-00440-SCT
Docket Number: 2014-CA-00440-SCT
Justia Opinion Summary: At issue in this case was the trial court's judgment in favor of the defendant hospital in a wrongful death action. The case was tried to the bench. The plaintiff-estate appealed, challenging the judgment. But the…
Date: January 28, 2016
Citation: 2014-CT-00068-SCT
The Petition for Writ of Certiorari filed by Claiborne County is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-CT-00113-SCT
The Petition for Writ of Certiorari filed by Elbert Davis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-CT-00342-SCT
The Petition for Writ of Certiorari filed by Howard Industries, Inc., is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Deny: Dickinson, P.J., Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-CT-00432-SCT
The Petition for Writ of Certiorari filed by Kimberly C. Sellers is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-CT-00768-SCT
The Petition for Writ of Certiorari filed by William Avery is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-CT-00797-SCT
The Petition for Writ of Certiorari filed by Tommy Vitela, Sr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 28, 2016
Citation: 2014-KA-00621-SCT
Docket Number: 2014-KA-00621-SCT
Justia Opinion Summary: A jury convicted Shunbrica Roby of deliberate-design murder, and the trial judge sentenced her to life in prison. Roby appealed, arguing: (1) that the State’s evidence was legally insufficient and that her conviction was…
Date: January 28, 2016
Citation: 2014-KA-01283-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: January 28, 2016
Citation: 2015-DR-00591-SCT
Before the Court, en banc, is the Motion for Clarification regarding State of Mississippi's Motion for In Persona Hearing to determine qualifications of counsel pursuant to Rule 22 of the Mississippi Rules of Appellate Procedure filed by Petitioner is denied. Also, before the Court is the Motion to Strike the Reply in Support of Petitioner's Motion for Clarification regarding the State of Mississippi's Motion for an In Persona Hearing to determine qualifications of counsel pursuant to Rule 22 of the Mississippi Rules of Appellate Procedure and Exhibits A, B, and C filed by Respondent is denied. Order entered.
Date: January 28, 2016
Citation: 2015-KA-00207-SCT
Docket Number: 2015-KA-00207-SCT
Justia Opinion Summary: Lester Moore was indicted, tried, convicted, and sentenced to five years in the custody of the Mississippi Department of Corrections for felony shoplifting. He appealed, but finding no reversible error, the Supreme Court…
Date: January 28, 2016
Citation: 2015-M-01219
Jabariakias Cunningham's Application for Post-Conviction Relief, or Application for Leave to Proceed in the Trial Court for Relief is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Coleman and Maxwell, JJ. To Dismiss: Dickinson, P.J., and Pierce, J. To Grant: Kitchens and King, JJ. Order entered.
Date: January 21, 2016
Citation: 2013-CT-00273-SCT
The Petition for Writ of Certiorari filed by Charles Gallagher and Anita Gallagher is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.
Date: January 21, 2016
Citation: 2013-CT-00510-SCT
The Petition for Writ of Certiorari filed by Batson and Brown, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King and Coleman, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J., Pierce and Maxwell, JJ. Order entered.
Date: January 21, 2016
Citation: 2013-DR-01624-SCT
Docket Number: 2013-DR-01624-SCT
Justia Opinion Summary: Bobby Batiste was convicted of capital murder with the underlying felony of robbery and was sentenced to death. On appeal of that sentence, Batiste raised sixteen issues. The Supreme Court addressed one: whether certain…
Date: January 21, 2016
Citation: 2014-CA-00883-SCT
The Unopposed Motion to Withdraw Exhibit and Substitute Stipulation filed by Appellee is granted. The Motion for Attorneys' Fees filed by Appellee is granted. Regions Insurance, Inc., shall recover from William L. Painter and John A. Chalk, Jr., jointly and severally, the sum of $21,710.50 for attorneys' fees and costs incurred in this appeal. Order entered.
Date: January 21, 2016
Citation: 2014-CA-01710-SCT
Docket Number: 2014-CA-01710-SCT
Justia Opinion Summary: Billy Bradley waited until 2014 to file suit against his court-appointed counsel from a 2004 proceeding. Bradley alleged negligence against his representative, Earl Jordan, which resulted in his injury (wrongful…
Date: January 21, 2016
Citation: 2014-KA-00670-SCT
The Motion to Dismiss Petition for Writ of Certiorari filed by the Appellant on November 2, 2015, is granted. Order entered.
Date: January 21, 2016
Citation: 2014-KM-01789-SCT
Date: January 21, 2016
Citation: 2015-CA-00160-SCT
This matter comes before the en banc Court on the Court's own motion. The Court has determined that supplemental briefing is necessary to resolve this case. The Court hereby orders Judge Skinner on his own behalf or through counsel, and invites all parties and the Mississippi Attorney General's Office, to brief whether the Mississippi Rules of Evidence apply in youth court sexual abuse adjudication hearings. All briefs shall be simultaneously filed within ten days of entry of this order. Order entered.
Date: January 14, 2016
Citation: 2012-CT-01113-SCT
The Petition for Writ of Certiorari filed by Tammie J. Crossley, John Templet, Jr., and XL Public Adjusters, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. To Grant: King, J. Not Participating: Maxwell, J. Order entered.
Date: January 14, 2016
Citation: 2013-CA-01977-SCT
Docket Number: 2013-CA-01977-SCT
Justia Opinion Summary: Alesa Dawn Crum’s home in Corinth, Mississippi, was flooded with backflowed sewage, twice. Crum filed suit against the City of Corinth, alleging damages as a result of the City’s negligent maintenance of its sewage…
Date: January 14, 2016
Citation: 2013-CA-02145-SCT
Docket Number: 2013-CA-02145-SCT
Justia Opinion Summary: Stribling Investments, LLC, sued Mike Rozier Construction Company, Inc., alleging negligence and negligent construction. The trial court granted Mike Rozier Construction’s Motion for Summary Judgment and dismissed…
Date: January 14, 2016
Citation: 2013-CT-00469-SCT
The Petition for Writ of Certiorari filed pro se by Ruben Orlando Benitez is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Not Participating: Maxwell, J. Order entered.
Date: January 14, 2016
Citation: 2013-CT-01814-SCT
The Motion for Extension of Time to File Petition for Writ of Certiorari filed by Lester Fisher is granted. Order entered.
Date: January 14, 2016
Citation: 2014-CA-00505-SCT
The Motion for Rehearing filed by the Appellants is denied. Dickinson, P.J., Lamar, Kitchens and King, JJ., would grant. Maxwell, J., not participating.
Date: January 14, 2016
Citation: 2014-CA-01472-SCT
Docket Number: 2014-CA-01472-SCT
Justia Opinion Summary: This appeal arises from a trial court’s grant of summary judgment dismissing Ike Thrash’s and Dawn Investments LLC’s claims for negligence and breach of fiduciary duty against Deutsch Kerrigan & Stiles, LLP (DKS). The…
Date: January 14, 2016
Citation: 2014-IA-01593-SCT
Docket Number: 2014-IA-01593-SCT
Justia Opinion Summary: The McMullans filed a complaint against U.S. Bancorp, U.S. Bank N.A. (collectively the Bank), and the Johnson Group. In answering the complaint, all defendants pled improper venue. The McMullans filed an amended…
Date: January 14, 2016
Citation: 2015-CA-00190-SCT
Date: January 7, 2016
Citation: 2012-CT-01793-SCT
Docket Numbers: 2012-CT-01793-SCT, 2010-CT-00307-SCT
Justia Opinion Summary: Cherri Porter’s beachfront vacation home was completely destroyed during Hurricane Katrina. Porter claimed the destruction was the result of a barge, owned by Grand Casino of Mississippi, Inc.–Biloxi, breaking free from…
Date: January 7, 2016
Citation: 2013-CT-01210-SCT
The Petition for Writ of Certiorari filed by Helen Robinson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens and Coleman, JJ. To Grant: King, J. Not Participating: Pierce, J. Order entered.
Date: January 7, 2016
Citation: 2013-CT-01244-SCT
Docket Numbers: 2013-CT-01244-SCT, 2012-CT-00196-SCT
Justia Opinion Summary: This action began as a paternity and custody dispute between Concetter and James Wilson. James was adjudged to be Sha’Nyla Wilson's natural father. Concetter was awarded custody, and James was awarded visitation.…
Date: January 7, 2016
Citation: 2013-CT-01944-SCT
The Petition for Writ of Certiorari filed by Leslie Terry Singley, et al., is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
Date: January 7, 2016
Citation: 2014-CA-00579-SCT
The Motion for Rehearing filed by Appellants is denied. Kitchens and King, JJ., would grant. Maxwell, J., not participating.
Date: January 7, 2016
Citation: 2014-CA-01587-SCT
Docket Number: 2014-CA-01587-SCT
Justia Opinion Summary: In 2004, Quality Diesel Service, Inc. obtained a judgment against Gulf South Drilling Company, LLC. Then, after learning that Tiger Drilling Company, LLC was indebted to Gulf South, Quality Diesel had multiple writs of…
Date: January 7, 2016
Citation: 2014-CC-01142-SCT
Docket Number: 2014-CC-01142-SCT
Justia Opinion Summary: Devin Jones worked for T&L Specialty Company as a product technician from 2012 to 2013. On February 4, 2013, Jones timely reported to work at 7:00 p.m. and performed his assigned duties until his first break at 9:00 p.m.…
Date: January 7, 2016
Citation: 2014-CT-00160-SCT
The Petition for Writ of Certiorari filed by Michael Sullivan is denied. To Deny: All Justices. Order entered.
Date: January 7, 2016
Citation: 2014-CT-00319-SCT
The Petition for Writ of Certiorari filed by Houston Lee Jones is denied. To Deny: All Justices. Order entered.
Date: January 7, 2016
Citation: 2014-CT-00858-SCT
The Petition for Writ of Certiorari filed pro se by William Tedder is dismissed. Order entered.
Date: January 7, 2016
Citation: 2015-DR-01099-SCT
The Motion for Appointment of Counsel is remanded to the trial court for determination. The Motion for Appointment of Judge is dismissed. The Motion for Circuit Court Jurisdiction Over Discovery Matters is denied. All Justices Agree. Order entered.
Date: January 7, 2016
Citation: 2015-M-01435-SCT
The Petition for Interlocutory Appeal filed by Vermeer MidSouth, Inc., and Jonathan Donahoe is denied. To Deny: Randolph, P.J., Lamar, Kitchens and King, JJ. To Grant: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ. Order entered.
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