Supreme Court of Mississippi Decisions 2013

Smith v. Union Carbide Corporation
Date: December 12, 2013
Citation: 2010-CA-00455-SCT
Docket Number: 2010-CA-00455-SCT

Justia Opinion Summary: Larry Smith worked on various drilling rigs from the mid-1960s until the early 1990s. A heavy smoker, Larry smoked roughly two to three packs a day from at least the mid-1950s through at least 1986. He was diagnosed with…

Samuel Williams and Carolyn Williams v. Homecomings Financial Network, Inc.
Date: December 12, 2013
Citation: 2011-CT-00371-SCT
Petition for writ of certiorari filed by Samuel Williams and Carolyn Williams is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

BancorpSouth Bank v. Shelby K. Brantley, Jr., Robert Crumpton, Norma S. Bourdeaux, Langston Oxford Properties, L.P., Susan M. Bryan, John Albriton and Lynn Albriton
Date: December 12, 2013
Citation: 2011-CT-00475-SCT
Petition for writ of certiorari filed by BancorpSouth Bank is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Coleman, JJ. To Deny: Kitchens, Chandler and King, JJ. Not Participating: Randolph, P.J., and Pierce, J. Order entered.

Jackson County Board of Supervisors v. Mississippi Employment Security Commission
Date: December 12, 2013
Citation: 2011-CT-00648-SCT
Docket Number: 2011-CT-00648-SCT

Justia Opinion Summary: The Jackson County Board of Supervisors terminated June Seaman, and she applied to the Mississippi Employment Security Commission (MESC) for unemployment benefits. A claims examiner, an administrative-law judge, and the…

Lowe v. Mississippi
Date: December 12, 2013
Citation: 2011-CT-00762-SCT
Docket Number: 2011-CT-00762-SCT

Justia Opinion Summary: The State indicted John Bartholomew Lowe on five counts of exploitation of a child, alleging that he had downloaded sexually explicit images and videos of children from the internet to his personal computer. The State…

Anthony Tyrone Thomas a/k/a Anthony J. Thomas a/k/a Anthony B. Thomas a/k/a Big Hab a/k/a Anthony Thomas v. State of Mississippi
Date: December 12, 2013
Citation: 2011-CT-00840-SCT
Motion for rehearing filed pro se by Appellant is denied.

Robert C. Lehman, A Professional Law Corporation v. Mississippi Transportation Commission, Normand Children Diversified Class Trust, United Truck Group, LLC, and Truck Capital, LLC
Date: December 12, 2013
Citation: 2011-CT-01059-SCT
Petition for writ of certiorari filed by Robert C. Lehman is denied. To Deny: All Justices. Order entered.

Bryan Foods, Inc. v. Tommy L. Ewing
Date: December 12, 2013
Citation: 2011-CT-01194-SCT
Petition for writ of certiorari filed by Bryan Foods, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Coleman, J. Order entered.

Jennings v. Mississippi
Date: December 12, 2013
Citation: 2011-CT-01313-SCT

Justia Opinion Summary: After being convicted by jury for statutory rape and resisting arrest, defendant Toney Jennings was sentenced to fifteen years: ten years to serve and five years suspended. Jennings received six months for resisting…

Joseph Robert Reith a/k/a Joseph R. Reith a/k/a Joseph Reith v. State of Mississippi
Date: December 12, 2013
Citation: 2011-CT-01591-SCT
Joseph Robert Reith's petition for writ of certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Pierce, J. Order entered.

Harrison County Board of Supervisors v. Richard L. Black
Date: December 12, 2013
Citation: 2011-CT-01826-SCT
Petition for writ of certiorari filed by the Harrison County Board of Supervisors is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J. Order entered.

Clark v. Neese
Date: December 12, 2013
Citation: 2012-CA-00653-SCT
Docket Number: 2012-CA-00653-SCT

Justia Opinion Summary: Helen Schroeder was a passenger in an automobile driven by her husband Harry, when a log truck collided with the rear of the automobile. Harry was killed, and Helen was severely injured. A consequence of the accident was…

Estate of Edward Miles v. Burcham
Date: December 12, 2013
Citation: 2012-CA-01021-SCT
Docket Number: 2012-CA-01021-SCT

Justia Opinion Summary: In 2005, Edward Miles drove his pickup truck into an intersection in front of Virgil Burcham’s eighteen-wheel fuel truck. Miles died several hours following the accident. Virgil Burcham sued Edward Miles’s estate for…

Noone v. Noone
Date: December 12, 2013
Citation: 2012-CA-01849-SCT
Docket Number: 2012-CA-01849-SCT

Justia Opinion Summary: Elise and Frank Noone were married, and jointly owned approximately sixty-seven acres of land as joint tenants with right of survivorship. Frank and Elise claimed a homestead exemption on the property. Elise filed for…

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo v. State of Mississippi
Date: December 12, 2013
Citation: 2012-CT-00318-SCT
Petition for writ of certiorari filed pro se by Louis J. Clay, Jr., was granted by order of this Court on October 24, 2013. Upon further consideration, the Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed without prejudice to Clay's right to file an appropriate petition in this Court for permission to proceed in the trial court with his claim. Dickinson, P.J., for the Court. Order entered.

Thomas Calvin Wansley a/k/a Thomas Wansley a/k/a Calvin T. Wansley a/k/a Calvin Thomas Wansley a/k/a Thomas Calvin Wansley, II v. State of Mississippi
Date: December 12, 2013
Citation: 2012-CT-00469-SCT
Petition for writ of certiorari filed by Thomas Wansley, pro se, is denied. To Deny: All Justices. Order entered.

Alan Dale Walker v. State of Mississippi
Date: December 12, 2013
Citation: 2012-DR-00102-SCT

Guardianship of Kelly Garvin v. Tupelo Furniture Market, Inc.
Date: December 12, 2013
Citation: 2012-IA-01334-SCT
Docket Number: 2012-IA-01334-SCT

Justia Opinion Summary: In 2007, fifteen-year-old Alexandria Miller and sixteen-year-old Kelly Garvin were traveling on a two-lane road when their vehicle collided with two horses that had escaped from a nearby property and were standing in the…

Joe Earl Cole a/k/a Joe Cole v. State of Mississippi
Date: December 12, 2013
Citation: 2012-KA-00566-SCT
Motion for rehearing filed by Appellant is denied.

Hall v. Mississippi
Date: December 12, 2013
Citation: 2012-KA-01282-SCT
Docket Number: 2012-KA-01282-SCT

Justia Opinion Summary: Jason Hall was indicted and tried on an indictment for burglary of a building. After both sides rested, the State requested and was granted a jury instruction for accessory after the fact to burglary (in addition to the…

Ambrose v. Mississippi
Date: December 12, 2013
Citation: 2012-KA-01716-SCT
Docket Number: 2012-KA-01716-SCT

Justia Opinion Summary: Michael Ambrose was indicted for capital murder while in the commission of a robbery in Harrison County, Mississippi. After trial, the jury acquitted Ambrose of capital murder but found him guilty of deliberate design…

Gary Lauderdale a/k/a Gary E. Lauderdale v. State of Mississippi
Date: December 12, 2013
Citation: 2012-KA-02023-SCT
Motion to Dismiss Appeal on Suggestion of Death filed by the Office of Indigent Appeals on behalf of the Appellant is granted and the appeal is dismissed. All costs of the appeal are assessed to Winston County. Randolph, P.J., for the Court. Order entered.

Brittani Rotolo Martin f/k/a Brittani Col Rotolo and Blaine Boudreaux v. Dana Falcon and Michael Falcon
Date: December 12, 2013
Citation: 2013-IA-01985-SCT
Petition for Interlocutory Appeal is granted. The Chancery Court of Covington County's ruling in cause No. 2012-200 on November 18, 2013, is vacated to the extent that it addresses matters other than contempt. Costs assessed to the respondents. Lamar, J., not participating. Coleman, J., for the Court. Order entered.

In the Matter of the Estate of Louis St. Martin, deceased: James R. Forbes v. Edley Hixson and St. Martin, Mahoney & Associates, Professional Law Corporation
Date: December 5, 2013
Citation: 2010-CT-00380-SCT
Petition for writ of certiorari filed by Edley Hixson and St. Martin, Mahoney & Associates, Professional Law Corporation is granted. To Grant: Waller, C.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Dickinson, P.J. Not Participating: Randolph, P.J., and Pierce, J. Order entered.

Public Employees' Retirement System v. Walker
Date: December 5, 2013
Citation: 2011-CT-00719-SCT
Docket Number: 2011-CT-00719-SCT

Justia Opinion Summary: Sherry Walker was denied disability benefits by the Public Employees’ Retirement System (PERS). The Circuit Court reversed PERS’s decision. The Court of Appeals reversed the circuit court, reinstating PERS’ denial of…

Kenneth Payton v. Rod Cooke Construction Co. and Associated General Contractors of MS, Inc.
Date: December 5, 2013
Citation: 2011-CT-01100-SCT
Petition for writ of certiorari filed by Kenneth Payton is denied. To Deny: Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Kitchens, J. Not Participating: Waller, C.J. Order entered.

William Rodwell, Thomas Easter, Charles Tomasello and Cal Investments, LLC v. Dennis Stieffel
Date: December 5, 2013
Citation: 2011-CT-01218-SCT
Petition for writ of certiorari filed by counsel for William Rodwell, Thomas Easter, Charles Tomasello and CAL Investments, LLC is denied. To Deny: All Justices. Order entered.

Tom Christmas and Consandra J. Christmas v. Exxon Mobil Corporation, A New Jersey Corporation
Date: December 5, 2013
Citation: 2011-CT-01311-SCT
Petition for writ of certiorari filed by Exxon Mobil Corporation is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Pierce and Coleman, JJ. To Deny: Randolph, P.J., Kitchens, Chandler and King, JJ. Order entered.

Cavalier Home Builders v. Paul Baughman and Tiffany Baughman
Date: December 5, 2013
Citation: 2011-CT-01452-SCT
Petition for writ of certiorari filed by counsel for Paul and Tiffany Baughman was granted by order of this Court on September 19, 2013. Upon further consideration, the Court finds that further review is not warranted and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Kitchens, J., for the Court. Order entered.

Stephen Montalto a/k/a Stephen Daniel Montalto a/k/a Stephen D. Montalto v. State of Mississippi
Date: December 5, 2013
Citation: 2011-CT-01625-SCT
Petition for writ of certiorari filed pro se by Stephen Montalto is dismissed. M.R.A.P. 17(b). Order entered.

John W. Ravenstein v. Elisha Ravenstein (Hawkins)
Date: December 5, 2013
Citation: 2012-CA-01085-SCT
On the Court's own motion, the parties are directed to file the original and nine copies of supplemental briefs, and to serve a copy of the briefs on the Office of the Attorney General, addressing whether equal protection would be violated by an interpretation that child support may not be ordered for adult children who are mentally or physically incapable of self-support under Sections 93-5-23 and 93-11-65, given the mandate of Section 43-19-33 that a certain class of people may receive such support, due on the following schedule: within 30 days of the entry of this order John shall file his supplemental brief which shall not exceed 25 pages within 30 days of the service of John's supplemental brief, Elisha shall file her supplemental brief which shall not exceed 25 pages and within 14 days of the service of Elisha's supplemental brief, John may file a supplemental reply brief which shall not exceed 10 pages. The Clerk of this Court shall serve a copy of this order on the attorneys of record, as well as on the Office of the Attorney General. If the Attorney General chooses to file a brief, it shall be due within 30 days of the service of Elisha's supplemental brief and shall not exceed 25 pages. Lamar, J., Disagrees. Order entered.

F. Hall Bailey and Vikki J. Taylor v. William E. Dossett, Dennis W. Miller, Neville H. Boschert, Aileen S. Thomas, Jeffrey R. Barber, Craig N. Landrum, Gary P. Snyder and Watkins, Ludlam, Winter & Stennis, P.A.
Date: December 5, 2013
Citation: 2012-CA-01425-SCT
Joint Motion to Dismiss Appeal filed by counsel for the Appellants and counsel for the Appellees is granted. This matter is hereby dismissed upon entry of this Order with each party to bear it own costs. Randolph, P.J., for the Court. Order entered.

William T. Brantley v. City of Horn Lake, Mississippi
Date: December 5, 2013
Citation: 2012-CA-01555-SCT
On the Court's own motion, within thirty days of the instant order, the appellant shall submit a brief to the Court, not to exceed fifteen pages, addressing the applicability of Mississippi Code Section 11-46-9(1)(d) to the instant matter. Within fifteen days from the filing of the appellant's brief, the appellee shall submit a brief, not to exceed fifteen pages, addressing the same. Within fifteen days from the filing of the appellee's response brief, the appellant may submit a reply brief, not to exceed the remainder of the appellant's allotted fifteen pages. Nothing in the instant order shall be read to preclude the parties from addressing whether they raised the issue of the applicability of Section 11-46-9(1)(d) in the trial court to the extent necessary for appellate review. Order entered.

Jordan v. Booth
Date: December 5, 2013
Citation: 2012-CA-01700-SCT
Docket Number: 2012-CA-01700-SCT

Justia Opinion Summary: Jessica Norton Jordan appealed a declaratory ruling that she was not entitled to a share of her adoptive father’s estate under Mississippi’s pretermitted heir statute. A certified copy of the trial court’s docket…

Kenton H. McNeese v. Katherine J. McNeese
Date: December 5, 2013
Citation: 2012-CP-00174-SCT
Motion for Rehearing of Appellant in the Alternative Motion for Suspension of Rule and Motion for Reconsideration filed by Kenton H. McNeese is dismissed. Order entered.

Linda A. Pickering v. Christie Mauldin Pickering
Date: December 5, 2013
Citation: 2012-CP-00910-SCT
Motion to Dismiss Appeal filed by counsel for Appellant and the Response to Motion to Dismiss in the form of a Motion to Strike Motion to Dismiss filed by counsel for Appellee are Dismissed as Moot. Order entered.

Wanda Gordon v. Charles T. Gordon
Date: December 5, 2013
Citation: 2012-CT-00239-SCT
Petition for writ of certiorari filed by Wanda Gordon is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.

Gary Lauderdale a/k/a Gary E. Lauderdale v. State of Mississippi
Date: December 5, 2013
Citation: 2012-KA-02023-SCT
On the Court's own motion, the State should file a response to the Motion to Dismiss Appeal on Suggestion of Death filed by the Office of Indigent Appeals on behalf of the Appellant, within 7 days from the date of this order. Order entered.

Larry Press Wells a/k/a Larry P. Wells v. State of Mississippi
Date: December 5, 2013
Citation: 2012-M-01781
Motion to Reinstate Direct Appeal is granted. The decision of the Court of Appeals of the State of Mississippi in Wells v. State, 57 So. 3d 40 (Miss. Ct. App. 2011) is hereby vacated, the mandate is withdrawn, and Wells' appeal is reinstated. The Clerk of this Court shall issue a briefing schedule, and the appeal in docket number 2009-KP-00842 shall proceed. Wells' Motion to Reconsider Sentence and Application for Leave to File Motion for Post Conviction Collateral Relief are dismissed without prejudice. Order entered.

In the Matter of The Reinstatement of Gail P. Thompson: Gail P. Thompson v. The Mississippi Bar
Date: December 5, 2013
Citation: 2013-BR-00201-SCT

Mississippi Comm'n on Judicial Perf. v. Harris
Date: December 5, 2013
Citation: 2013-JP-00496-SCT
Docket Number: 2013-JP-00496-SCT

Justia Opinion Summary: The Supreme Court found that Chancellor D. Neil Harris abused his contempt powers, failed to recuse himself from contempt proceedings, and prevented those he charged with contempt from presenting any defense. This matter…

State of Mississippi v. Willie C. Russell
Date: December 5, 2013
Citation: 2013-M-01618-SCT
Interlocutory Appeal from Circuit Court of Sunflower County, Cause No. 10,130 filed by Petitioner is denied. Randolph, P.J., and Lamar, J., would grant. Order entered.

Kevin Scott v. State of Mississippi
Date: November 21, 2013
Citation: 2004-DR-01290-SCT
On the Court's own motion, the Bolivar County Circuit Court shall, within seven (7) days of the entry of this Order, file an update on the status of this case, as set forth above. The Bolivar County Circuit Court shall set this matter for a hearing and shall render a decision on the issue of the Scott's alleged mental retardation and shall forward a copy of its order to this Court within sixty (60) days of the date of entry of this Order. Failing that, the Bolivar County Circuit Court shall show cause why the matter cannot be set for hearing. The Clerk of this Court shall forward copies of this Order to the Bolivar County Circuit Court, all counsel of record, and the Mississippi Office of Capital Post-Conviction Counsel. Agree: All Justices. Order entered.

Equifax, Inc. and Equifax Credit Information Services, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission
Date: November 21, 2013
Citation: 2010-CT-01857-SCT
Motion for rehearing filed by Equifax, Inc. and Equifax Credit Information Services, Inc., is denied. Opinion modified at paragraphs 8 and 11. Lamar, J., would grant. Chandler, J., not participating.

Nolan Williams, Jr. v. State of Mississippi
Date: November 21, 2013
Citation: 2010-M-01904
Nolan Williams's Second Application for Leave to Proceed in the Trial Court is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: Dickinson, P.J., and King, J. Order entered.

Eaton Corporation v. Frisby
Date: November 21, 2013
Citation: 2011-CA-00019-SCT
Docket Number: 2011-CA-00019-SCT

Justia Opinion Summary: The Circuit Court imposed a joint and several monetary sanction for "intentional discovery violations" against Eaton Corporation, its Mississippi attorney, Michael Allred, and two Wisconsin attorneys for Eaton, Michael…

Illinois Central Railroad Company v. Brent
Date: November 21, 2013
Citation: 2011-CA-01608-SCT
Docket Number: 2011-CA-01608-SCT

Justia Opinion Summary: Illinois Central Railroad Company appealed a jury verdict for Perry Brent awarded under the Federal Employers Liability Act (FELA) for injuries he sustained during his employment with Illinois Central. While the Supreme…

Jackson HMA, LLC v. Morales
Date: November 21, 2013
Citation: 2011-CA-01785-SCT
Docket Number: 2011-CA-01785-SCT

Justia Opinion Summary: Dr. Adolfo P. Morales sued Jackson HMA, LLC., d/b/a Central Mississippi Medical Center (Jackson HMA) for breach of contract. A jury awarded Morales substantial damages. Jackson HMA filed a "Motion for Judgment…

Estate of Bloodworth v. Illinois Central Railroad Company
Date: November 21, 2013
Citation: 2011-CA-01908-SCT
Docket Number: 2011-CA-01908-SCT

Justia Opinion Summary: This appeal stems from a civil suit brought by the estates and wrongful-death beneficiaries of Christopher Allan Bloodworth, Steven Earl Tallant Jr., Marcus Richardson, and A.W. Hilson, four men killed at a railroad…

In the Matter of the Estate of Darryl Necaise Sr., Deceased: Lawrence Covington v. Shelia McDaniel
Date: November 21, 2013
Citation: 2011-CT-00094-SCT
Petition for writ of certiorari filed by Lawrence Covington is denied. To Deny: All Justices. Order entered.

David Campbell v. State of Mississippi
Date: November 21, 2013
Citation: 2011-CT-00272-SCT
Motion for rehearing filed by David Campbell is denied. Kitchens and King, JJ., would grant.

Nix v. Mississippi
Date: November 21, 2013
Citation: 2011-CT-00372-SCT
Docket Number: 2011-CT-00372-SCT

Justia Opinion Summary: Lee Darrell Nix appealed a Court of Appeals judgment affirming the Circuit Court’s denial of his motion for post-conviction relief (PCR). Nix was convicted of touching a child for lustful purposes and kidnapping. His…

Daryl Conner v. State of Mississippi
Date: November 21, 2013
Citation: 2011-CT-00941-SCT
Petition for writ of certiorari filed by Daryl Conner is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., and Pierce, J. Order entered.

Caplin Enterprises, Inc. and Check Cashers & More, Inc. d/b/a Zippy Check Advance v. Denise Arrington, Johnny Arrington, Margie Blackledge, Brenda Bonner, Juanita Davis, Kenneth Davis, Ker'Rita Evans, Larry Evans, Goldie Goodwin, Pansafae Gordon, Ray Charles Gray, Mamie Henry, Carolyn Hinton, Curtis Hinton, Tammy Howard, Kathy Jones, Viola Nash, Lanny Skinner, Kathleen Sterling and James Watts
Date: November 21, 2013
Citation: 2011-CT-01332-SCT
Petition for writ of certiorari filed by counsel for Caplin Enterprises, Inc., and Check Cashers & More, Inc., d/b/a Zippy Check Advance is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.

Lawrence Covington v. Estate Of Darryl Wayne Necaise Sr.
Date: November 21, 2013
Citation: 2011-CT-01363-SCT
Petition for writ of certiorari filed by Lawrence Covington is denied. To Deny: All Justices. Order entered.

In The Matter of the Estate of Darryl Necaise Sr., Deceased: Lawrence Covington v. Shelia McDaniel
Date: November 21, 2013
Citation: 2011-CT-01581-SCT
Petition for writ of certiorari filed by Lawrence Covington is denied. To Deny: All Justices. Order entered.

Charles Green v. Mississippi Department of Corrections and Christopher Epps, Commissioner, James M. Holman, Superintendent, and Chandra Berryman, Legal Claims Adjudicator
Date: November 21, 2013
Citation: 2011-CT-01803-SCT
Petition for writ of certiorari filed by Charles Green is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Caplin Enterprises, Inc. and Check Cashers & More, Inc. d/b/a Zippy Check Advance v. Jerald Ainsworth, Mary Battle, Wilma Carstarfhnur, Kimberly Gaines, Fred Jones, Shonda Love, Archie Moore, Tomecca Pickett, Tammy Pitts, Doris Turner, Boronica Williamson and Shirley Wilson
Date: November 21, 2013
Citation: 2011-CT-01932-SCT
Petition for writ of certiorari filed by counsel for Caplin Enterprises, Inc., and Check Cashers & More, Inc., d/b/a Zippy Check Advance is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.

Mitchell Crane Services, Inc. v. Page
Date: November 21, 2013
Citation: 2012-CA-00353-SCT
Docket Number: 2012-CA-00353-SCT

Justia Opinion Summary: Two vehicles struck multi-ton counterweights owned by Mitchell Crane Services, Inc., which were on a traveled portion of a highway. The accident occurred in 1999, at night. The occupants of the two vehicles sued Mitchell…

Davis v. Vaughn
Date: November 21, 2013
Citation: 2012-CA-00651-SCT
Docket Number: 2012-CA-00651-SCT

Justia Opinion Summary: In a custody dispute between the natural father and the maternal grandmother, the chancellor granted custody to the father, finding that the father had not deserted his child. Although the grandmother had stood in loco…

Harrington v. Ofc. of Mississippi Sec'y of State
Date: November 21, 2013
Citation: 2012-CA-00826-SCT
Docket Number: 2012-CA-00826-SCT

Justia Opinion Summary: The Securities and Charities Division of the Mississippi Secretary of State Office brought charges against Marshall Wolfe and Jack Harrington for securities violations pertaining to their operation of SteadiVest, LLC.…

Bobby Campbell a/k/a Bobby Joe Campbell a/k/a Bobby Ray Campbell a/k/a Bobby Ray Dotson a/k/a Willie Dotson a/k/a Robert Jackue Campbell v. State of Mississippi
Date: November 21, 2013
Citation: 2012-CT-00074-SCT
Petition for writ of certiorari filed by Bobby Campbell is denied. To Deny: All Justices. Order entered.

Dexter Watson v. State of Mississippi
Date: November 21, 2013
Citation: 2012-CT-00291-SCT
Petition for writ of certiorari filed pro se by Dexter Watson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Lonnie Smith v. Tippah Electric Power Association and Electric Power Associations of Mississippi Workers' Compensation Group, Inc.
Date: November 21, 2013
Citation: 2012-CT-00502-SCT
Lonnie Smith's petition for writ of certiorari is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ. Order entered.

Curtis C. Evans a/k/a Curtis Chrishaun Evans a/k/a Curtis Evans v. State of Mississippi
Date: November 21, 2013
Citation: 2012-CT-01065-SCT
Petition for writ of certiorari filed by Curtis Chrishaun Evans, pro se, is denied. To Deny: All Justices. Order entered.

Clayton Paul Bateman a/k/a Clayton P. Bateman v. State of Mississippi
Date: November 21, 2013
Citation: 2012-KA-00372-SCT
Motion for rehearing filed pro se by Clayton Bateman is denied. Chandler, J., would grant.

Frederick L. Wilson a/k/a Fredrick L. Wilson a/k/a Fredrick Wilson a/k/a Frederick Wilson v. State of Mississippi
Date: November 21, 2013
Citation: 2012-KA-00495-SCT
Motion for Rehearing filed by Frederick L. Wilson is denied.

Dees v. Mississippi
Date: November 21, 2013
Citation: 2012-KA-01128-SCT
Docket Number: 2012-KA-01128-SCT

Justia Opinion Summary: Regina Dees was convicted of arson and insurance fraud. For arson, the circuit court sentenced Dees to ten years in the custody of the Mississippi Department of Corrections, with two years to serve and eight years…

Victor Hurns v. State of Mississippi
Date: November 21, 2013
Citation: 2013-M-01245
The Successive Application for Leave to File Post-Conviction Motion in the Circuit Court of Bolivar County, Mississippi (Cleveland) filed pro se by Victor Hurns is dismissed. King, J., not participating. Order entered.

Caterpillar Financial Services Corporation v. Burroughs Diesel, Inc.
Date: November 14, 2013
Citation: 2011-CT-01469-SCT
Petition for writ of certiorari filed by Burroughs Diesel, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Kitchens, J. Order entered.

Caterpillar Financial Services Corporation v. Burroughs Diesel, Inc.
Date: November 14, 2013
Citation: 2011-CT-01851-SCT
Petition for writ of certiorari filed by Burroughs Diesel, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Kitchens, J. Order entered.

Jones v. Mallett
Date: November 14, 2013
Citation: 2012-CA-00385-SCT
Docket Number: 2012-CA-00385-SCT

Justia Opinion Summary: Terence Jones appealed a Chancery Court's denial of his 2011 petition to disestablish paternity, which relied on Section 93-9-10(3)(c) of the Mississippi Code. Because Jones signed a stipulated agreement of paternity…

Lyons v. Mississippi
Date: November 14, 2013
Citation: 2012-KA-01217-SCT
Docket Number: 2012-KA-01217-SCT

Justia Opinion Summary: Yardley Shelton Lyons was indicted for carjacking (Count I) and kidnapping (Count II). The indictment accused Lyons of perpetrating these acts against persons over the age of sixty-five years, subjecting him to the…

Brown v. Mississippi
Date: November 14, 2013
Citation: 2012-KA-01544-SCT
Docket Number: 2012-KA-01544-SCT

Justia Opinion Summary: Sacory Brown directly appealed his conviction for burglary of a dwelling to the Supreme Court. Brown received a twenty-five year sentence, with eighteen years to serve and seven years suspended (with five of those years…

Hoover v. United Services Automobile Association
Date: November 7, 2013
Citation: 2011-CA-01486-SCT
Docket Number: 2011-CA-01486-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case arose from an alleged breach of contract and bad-faith denial of Dr. Jack and Margaret Hoover’s homeowner’s insurance claim against United Services Automobile Association…

White v. Mississippi
Date: November 7, 2013
Citation: 2011-CT-00048-SCT
Docket Number: 2011-CT-00048-SCT

Justia Opinion Summary: A jury convicted Eboni White of manslaughter, and the trial judge sentenced her to twenty years in the custody of the Mississippi Department of Corrections (MDOC). White appealed, claiming the trial court erred by: (1)…

Benjamin Talbert a/k/a Benjamin Lewis Talbert v. State of Mississippi
Date: November 7, 2013
Citation: 2011-CT-01273-SCT
Petition for writ of certiorari filed by Benjamin Talbert, pro se, is denied. To Deny: All Justices. Order entered.

Terun Moore a/k/a Terum Moore v. State of Mississippi
Date: November 7, 2013
Citation: 2011-CT-01723-SCT
Petition for writ of certiorari filed by Terun Moore a/k/a Terum Moore is denied. To Deny: All Justices. Order entered.

Matthew Ladner v. Zachry Construction and Zurich American Insurance Company
Date: November 7, 2013
Citation: 2012-CT-00403-SCT
Petition for writ of certiorari filed by Matthew Ladner is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson, P.J., Lamar and Coleman, JJ. Order entered.

Johnson v. Mississippi
Date: November 7, 2013
Citation: 2012-KA-00921-SCT
Docket Number: 2012-KA-00921-SCT

Justia Opinion Summary: Defendant Mickey Johnson argued that law enforcement officers gave defective Miranda warnings and coerced his written statement by promising to forego charges against his fiancée. Defendant was ultimately convicted for…

Sanford v. Sanford
Date: October 31, 2013
Citation: 2010-CT-00873-SCT
Docket Number: 2010-CT-00873-SCT

Justia Opinion Summary: Every divorce based on irreconcilable differences in Mississippi must proceed under either Section 93-5-2(2) or Section 93-5-2(3), but not both. In this case, the two subsections were conflated and confused. As a result,…

Sweet Valley Missionary Baptist Church v. Alfa Insurance Corporation
Date: October 31, 2013
Citation: 2010-CT-01807-SCT

Justia Opinion Summary: Sweet Valley Missionary Baptist Church filed a complaint against its insurance carrier, Alfa Insurance Corporation. Based on Sweet Valley’s failure to cooperate in discovery, the trial court entered an order of…

Eugene Barriffe and Ernie Barriffe v. Estate of Lawson V. Nelson, James Dwight Nelson and David R. Nelson
Date: October 31, 2013
Citation: 2011-CA-01664-SCT
On the Court's own motion, the record shall be supplemented within 30 days from the date of this order, jointly filed by the Appellants and Appellee/Cross-Appellants, with the parties to share the costs thereof. The parties are directed to file supplemental briefs, due on the following schedule: within 30 days of the filing of the supplemental record, Appellants shall file their supplemental brief not to exceed 25 pages within 30 days of the service of Appellants supplemental brief, the Appellees/Cross-Appellants shall file their supplemental brief, not to exceed 25 pages within 14 days of the service of the Appellees/Cross-Appellants supplemental brief, Appellants may file a supplemental reply brief, not to exceed 10 pages within 14 days of the service of the Appellants supplemental reply brief, if one is filed, Appellees/Cross-Appellants may file a supplemental reply brief, not to exceed 10 pages. Order entered.

Virgil Breeden, Jr. v. State of Mississippi
Date: October 31, 2013
Citation: 2011-CT-00437-SCT
Petition for writ of certiorari filed by Virgil Breeden, Jr., pro se, was granted by order of this Court on August 26, 2013. Upon further consideration, the Court now finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Coleman, J., for the Court. Order entered.

Lewis v. Forest Family Practice Clinic, P.A.
Date: October 31, 2013
Citation: 2011-CT-00828-SCT
Docket Number: 2011-CT-00828-SCT

Justia Opinion Summary: The trial court granted the defendant’s motion to dismiss because of insufficient service of process. Plaintiff appealed and the Court of Appeals reversed, holding that, even though service of process was improper, good…

John Willie Bell Jr. v. State of Mississippi
Date: October 31, 2013
Citation: 2011-CT-01261-SCT
Petition for writ of certiorari filed by John Willie Bell, Jr., is denied. To Deny: All Justices. Order entered.

Jenkins v. Mississippi
Date: October 31, 2013
Citation: 2011-KA-01267-SCT
Docket Number: 2011-KA-01267-SCT

Justia Opinion Summary: Levi Jenkins was indicted and on two counts of sexual battery and one count of statutory rape against his then-five-year-old niece. He was convicted only of fondling, a lesser-included offense of the second count of…

Benjamin D. Alexander v. Newton County, Mississippi
Date: October 31, 2013
Citation: 2012-CT-00060-SCT
Petition for writ of certiorari filed by Newton County, Mississippi is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.

Rundell James, Jr. a/k/a Rundall James, Jr. v. State of Mississippi
Date: October 31, 2013
Citation: 2012-CT-00157-SCT
Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Waller, C.J., Randolph, P.J., and Lamar, J. Order entered.

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo v. State of Mississippi
Date: October 31, 2013
Citation: 2012-CT-00318-SCT
Petition for writ of certiorari filed pro se by Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

City of Ocean Springs v. Psycamore, LLC
Date: October 31, 2013
Citation: 2013-CA-00118-SCT
Docket Number: 2013-CA-00118-SCT

Justia Opinion Summary: Psycamore, LLC, sought approval to operate a mental-health treatment facility in an area of Ocean Springs where the zoning ordinance allowed facilities for the examination and treatment of human patients. The City denied…

Patrick Coleman v. State of Mississippi
Date: October 24, 2013
Citation: 2009-CT-01350-SCT

Magee v. Mississippi
Date: October 24, 2013
Citation: 2010-CT-01611-SCT
Docket Number: 2010-CT-01611-SCT

Justia Opinion Summary: In 1987, Johnny Ray Magee was convicted of robbing a liquor store and sentenced to a term of life imprisonment as a habitual offender. The Supreme Court affirmed his conviction in 1989 and dismissed his motion for…

William H. Lamb v. State of Mississippi
Date: October 24, 2013
Citation: 2011-CT-00369-SCT
Petition for writ of certiorari filed by William H. Lamb, pro se, is dismissed. M.R.A.P. 17(b). Order entered.

Willie Lewis Henry, Jr. a/k/a Willie Henry v. State of Mississippi
Date: October 24, 2013
Citation: 2011-CT-01750-SCT
Petition for writ of certiorari filed by counsel for Willie Lewis Henry, Jr., is denied. To Deny: All Justices. Order entered.

Spencer O'Brian Lawrence a/k/a Spencer Lawrence a/k/a Spencer O. Lawrence v. State of Mississippi
Date: October 24, 2013
Citation: 2011-CT-01887-SCT
Petition for writ of certiorari filed by Spencer O'Brian Lawrence is denied. To Deny: All Justices. Order entered.

Robert J. Ray a/k/a Robert Ray a/k/a Robert Ray, Sr. v. State of Mississippi
Date: October 24, 2013
Citation: 2012-CT-00336-SCT
Petition for writ of certiorari filed by Robert J. Ray is denied. To Deny: All Justices. Order entered.

Ollie Lee Evans a/k/a Ollie Lee Evans, Jr. a/k/a Ollie Evans v. State of Mississippi
Date: October 24, 2013
Citation: 2012-CT-01353-SCT
Petition for writ of certiorari filed by Ollie Lee Evans is dismissed. M.R.A.P. 17(b). Order entered.

Malcolm Clifton Weeks a/k/a Malcolm Clifton Weeks, Sr. a/k/a Malcolm C. Weeks a/k/a Malcolm Weeks, Sr. a/k/a Malcolm Weeks v. State of Mississippi
Date: October 24, 2013
Citation: 2012-KA-00988-SCT
Motion for rehearing filed by Appellant is denied.

Mississippi State Board of Education, et al. v. Leflore County Board of Education and the Leflore County School District, et al.
Date: October 24, 2013
Citation: 2013-IA-01677-SCT
The Combined Petition for Interlocutory Appeal and Motion to Vacate or Stay Preliminary Injunction Pending Appeal and to Dismiss for Lack of Jurisdiction filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is granted. The Order Granting Appellants' Motion for Injunctive Relief, entered on September 30, 2013 in Cause No. 251-13-838CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The Motion to Stay Preliminary Injunction Pending Appeal filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is dismissed as moot. The direct appeal in Cause No. 2013-TS-01699 is dismissed. All costs of the direct appeal are assessed to the Appellees and the mandate of this Court shall issue immediately. Agree: All Justices. Pierce, J., for the Court. Order entered.

Mississippi State Board Education, Mississippi Commission on School Accreditation and Mississippi Department of Education v. Leflore County Board of Education and Leflore County, Mississippi School District by and through Dr. Viola Williams McCaskill, The Duly Elected Superintendent, Individually and Official Capacities, and Shemeka Collins, A Duly Elected Member and President of the Board of Education in Her Individual and Official Capacities
Date: October 24, 2013
Citation: 2013-TS-01699
The Combined Petition for Interlocutory Appeal and Motion to Vacate or Stay Preliminary Injunction Pending Appeal and to Dismiss for Lack of Jurisdiction filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is granted. The Order Granting Appellants' Motion for Injunctive Relief, entered on September 30, 2013 in Cause No. 251-13-838CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The Motion to Stay Preliminary Injunction Pending Appeal filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is dismissed as moot. The direct appeal in Cause No. 2013-TS-01699 is dismissed. All costs of the direct appeal are assessed to the Appellees and the mandate of this Court shall issue immediately. Agree: All Justices. Pierce, J., for the Court. Order entered.

Morrow v. Morrow
Date: October 17, 2013
Citation: 2009-CT-01319-SCT
Docket Numbers: 2009-CT-01319-SCT, 2009-CT-01355-SCT

Justia Opinion Summary: The chancery court found that certain property once owned by Gocher and Reba Morrow vested in their estates at the time of their deaths and passed by intestate succession in equal shares to their three sons, Phillip,…

Baker & McKenzie, LLP v. Evans, Jr.
Date: October 17, 2013
Citation: 2011-CA-00110-SCT
Docket Number: 2011-CA-00110-SCT

Justia Opinion Summary: In 2008, Plaintiffs S. Lavon Evans Jr. and his companies S. Lavon Evans Jr. Operating Company, Inc.; S. Lavon Evans Jr. Drilling Ventures, LLC; and E & D Services, Inc. sued Defendants the law firm of Baker & McKenzie,…

Little v. Mississippi Dept. of Transportation
Date: October 17, 2013
Citation: 2011-CT-00693-SCT
Docket Number: 2011-CT-00693-SCT

Justia Opinion Summary: Three motorists sued the Mississippi Department of Transportation after their vehicles collided with a pine tree that had fallen across the highway. The Department filed a motion to dismiss asserting immunity under the…

Jackson v. Bell
Date: October 17, 2013
Citation: 2011-EC-01710-SCT
Docket Number: 2011-EC-01710-SCT

Justia Opinion Summary: Gloria Richmond Jackson appealed the Circuit Court Special Judge’s dismissal with prejudice of her petition for judicial review of an election contest, which contested the result of a Democratic primary runoff election.…

Germany v. Germany
Date: October 17, 2013
Citation: 2011-IA-01287-SCT
Docket Number: 2011-IA-01287-SCT

Justia Opinion Summary: An interlocutory appeal stemmed from a circuit court's denial of Robert Germany’s motion to sever and transfer claims filed against him by his wife, Ginger Germany, to their pending divorce proceeding. Finding that many…

Watson v. Mississippi
Date: October 17, 2013
Citation: 2011-KA-01356-SCT
Docket Number: 2011-KA-01356-SCT

Justia Opinion Summary: Rodrique Watson appealed his burglary conviction. When the victim returned home from shopping, she parked her car in an open garage, which was attached to her home. The applicable statute required the State to prove two…

Antonio Griffith a/k/a Antonio Griffin v. State of Mississippi
Date: October 17, 2013
Citation: 2012-CT-00315-SCT
Petition for writ of certiorari filed pro se by Antonio Griffith is denied. To Deny: All Justices. Order entered.

Willow Bend Estates, LLC v. Humphries County Board of Supervisors
Date: October 17, 2013
Citation: 2012-IA-00575-SCT
Docket Number: 2012-IA-00575-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case centered on local ad valorem taxes on real estate developments that use federal tax credits to construct and maintain restrictive properties that rent only to lower-income…

Cole v. Mississippi
Date: October 17, 2013
Citation: 2012-KA-00566-SCT
Docket Number: 2012-KA-00566-SCT

Justia Opinion Summary: Following his convictions for one count of sexual battery and three counts of gratification of lust, Joe Earl Cole argued on appeal that the trial court erred in admitting hearsay and evidence of alleged prior unindicted…

Mark Dwayne Sumrell v. State of Mississippi
Date: October 10, 2013
Citation: 2007-M-01971
Application for Leave to Proceed in the trial court is granted. Mark Dwayne Sumrell is granted leave to proceed in the Washington County Circuit Court for an evidentiary hearing to determine whether he did, in fact, serve one year for robbery in Cause No. 22,242. The trial court shall make its determination as set out in the Order. The Washington County Circuit Court will seasonably appoint counsel to represent Sumrell at the hearing. If the trial court determines that Sumrell did not serve one year for robbery in Cause No. 22,242, then it shall vacate his sentence of life without parole under Mississippi Code Section 99-19-83 and resentence him. Order entered.

Carlos Taylor v. State of Mississippi
Date: October 10, 2013
Citation: 2009-CT-00669-SCT
Motion for rehearing filed by Carlos Taylor is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Diana Lynn Carter Larson v. Mark Alan Larson
Date: October 10, 2013
Citation: 2011-CT-00305-SCT
Petition for writ of certiorari filed by Diana Lynn Carter Larson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Not Participating: Lamar, J. Order entered.

Quantaurus Parks and Sianquiz Kentrez Willis a/k/a Sianquis Kentrez Willis v. State of Mississippi
Date: October 10, 2013
Citation: 2011-CT-00775-SCT
Petition for writ of certiorari filed pro se by Quantaurus Parks is dismissed. M.R.A.P. 17(b). Order entered.

Wallace Wayne Whatley a/k/a Wallace Whatley a/k/a Wallace W. Whatley v. State of Mississippi
Date: October 10, 2013
Citation: 2011-CT-01548-SCT
Petition for writ of certiorari filed pro se by Wallace Wayne Whatley a/k/a Wallace Whatley a/k/a Wallace W. Whatley is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.

William C. Jackson a/k/a William Christopher Jackson v. State of Mississippi
Date: October 10, 2013
Citation: 2011-CT-01620-SCT
Petition for writ of certiorari filed pro se by William C. Jackson a/k/a William Christopher Jackson is denied. To Deny: All Justices. Order entered.

Anna M. Alfonso, et al. v. Diamondhead Fire Protection District, Jack Cleveland, Edward Dabler, Patrick Destefano, Eloise Kinja, Pat Kinsella, Russell Love, Charles Reddien, Paul Snemyr, and Dick Weber
Date: October 10, 2013
Citation: 2012-CA-00217-SCT
Motion for rehearing filed by Appellant is denied. Kitchens, Chandler and King, JJ., would grant. Dickinson, P.J., and Coleman, J., not participating.

Kenton Hal McNeese v. Katherine J. McNeese (Graves)
Date: October 10, 2013
Citation: 2012-CP-01361-SCT
Docket Number: 2012-CP-01361-SCT

Justia Opinion Summary: Kenton McNeese appealed the dismissal of his Rule 60(b) Motion for Relief from Judgment and Other Relief. This Rule 60(b) motion was filed with respect to a judgment of divorce from which he already had perfected an…

J. C. Higginbotham v. State of Mississippi
Date: October 10, 2013
Citation: 2012-CT-00204-SCT
Petition for writ of certiorari filed by J. C. Higginbotham, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Sandlin v. Mississippi
Date: October 10, 2013
Citation: 2012-KA-00258-SCT
Docket Number: 2012-KA-00258-SCT

Justia Opinion Summary: Lisa Sandlin was convicted of murder for the death of her stepson Kirk Sandlin, for which she was sentenced to a term of life in prison. Sandlin appealed, arguing: (1) the trial court erred by allowing Lisa’s husband…

Ted W. Stone a/k/a Ted Stone v. State of Mississippi
Date: October 10, 2013
Citation: 2013-M-01254
Motion to Recuse filed by Ted W. Stone, pro se, is denied. To Deny: All Justices. Order entered.

Knights' Piping Inc. and Benny R. Knight v. E. Harold Knight, David Earl Knight, Brian K. Knight, Raymond K. Knight, and Knights Marine & Industrial Services, Inc.
Date: October 3, 2013
Citation: 2011-CT-00409-SCT
Petition for writ of certiorari filed by Knights' Piping, Inc., and Benny R. Knight is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Dickinson, P.J. Order entered.

Curtis Boyd, By and Through Mary Mastin, Next Friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd v. Gregory Nunez, M.D.
Date: October 3, 2013
Citation: 2011-CT-00444-SCT
Petition for writ of certiorari filed by Curtis L. Boyd, by and through Mary Mastin is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Chandler, J. Order entered.

Thomas v. Mississippi
Date: October 3, 2013
Citation: 2011-CT-00840-SCT

Justia Opinion Summary: Anthony Tyrone Thomas was convicted of aggravated assault and of being a felon in possession of a weapon, for which he was sentenced to two consecutive terms of life without parole as a habitual offender. The Court of…

Donald R. Brewer v. Penny Mathis Holliday
Date: October 3, 2013
Citation: 2011-CT-00964-SCT
Petition for writ of certiorari filed by Donald Brewer is granted. To Grant: All Justices. Order entered.

Erwyn Freeman a/k/a Erwyn E. Freeman v. State of Mississippi
Date: October 3, 2013
Citation: 2012-KM-00192-SCT
Motion for rehearing filed by the State of Mississippi is denied.

Stevenson Ford v. State of Mississippi
Date: October 3, 2013
Citation: 2012-M-01318

Mississippi Commission on Judicial Performance v. Bowen
Date: October 3, 2013
Citation: 2013-JP-00776-SCT
Docket Number: 2013-JP-00776-SCT

Justia Opinion Summary: Circuit Court Judge for the Thirteenth District Eddie H. Bowen failed to disclose a conflict to the parties in a civil lawsuit and failed to rule on counsel's motion to recuse made after the conflict was discovered. The…

Rommel A. Amos v. State of Mississippi
Date: October 3, 2013
Citation: 2013-M-00713
Application to Proceed in Trial Court filed pro se by Rommel A. Amos is dismissed as procedurally barred. Amos's Motion to Proceed In Forma Pauperis is dismissed as moot. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

In Re: Antonio Neal
Date: October 3, 2013
Citation: 2013-M-00996
Motion to [sic] Disqualification of Justices filed pro se by Petitioner is denied. Order entered.

Langford Water Association, Inc. v. City of Flowood, Mississippi
Date: October 3, 2013
Citation: 2013-M-01001
Petition Seeking Review of Judge's Action Pursuant to Mississippi Rules of Appellate Procedure 48B and 21 filed by Langford Water Association, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Not Participating: Lamar, J. Order entered.

Brett Jones v. State of Mississippi
Date: September 26, 2013
Citation: 2009-CT-02033-SCT
Motion for rehearing filed by Appellant is denied. Kitchens, Chandler and King, JJ., would grant.

Angela Denise Johnson a/k/a Angela Johnson v. State of Mississippi
Date: September 26, 2013
Citation: 2010-CT-01978-SCT
Petition for writ of certiorari filed by Angela Denise Johnson is granted. To Grant: Dickinson, P.J., Lamar, Kitchens and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Chandler, Pierce and Coleman, JJ. Order entered.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi
Date: September 26, 2013
Citation: 2010-DP-01927-SCT
Motions for Leave to File the Brief of Amici Curiae is granted. The Clerk of this Court shall accept the brief for filing. Order entered.

Terry Pitchford v. State of Mississippi
Date: September 26, 2013
Citation: 2010-DR-01032-SCT
Petition for Review of Motion for Recusal filed by Terry Pitchford is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Neville v. Blitz
Date: September 26, 2013
Citation: 2011-CA-01613-SCT
Docket Number: 2011-CA-01613-SCT

Justia Opinion Summary: George Neville filed a petition for modification of a final judgment of divorce seeking to have his ex-wife, Tina Blitz, pay their daughter's college expenses. The chancellor ordered the parties to divide the college…

Jimmy Collier Jr. a/k/a Jimmie Collier a/k/a Jimmy Collier a/k/a Junebug v. State of Mississippi
Date: September 26, 2013
Citation: 2011-CT-01148-SCT
Petition for writ of certiorari filed by Jimmy Collier, Jr. a/k/a Jimmie Collier a/k/a Jimmy Collier a/k/a Junebug is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ. To Dismiss: Kitchens, Chandler, Pierce and King, JJ. Order entered.

Johnny Ray Sims a/k/a Johnny R. Sims v. State of Mississippi
Date: September 26, 2013
Citation: 2011-CT-01459-SCT
Petition for writ of certiorari filed by Johnny Ray Sims a/k/a Johnny R. Sims is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Eric James Foster a/k/a Eric Foster a/k/a Eric J. Foster v. State of Mississippi
Date: September 26, 2013
Citation: 2011-CT-01796-SCT
Petition for writ of certiorari filed by Eric James Foster is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., and Randolph, P.J. Order entered.

Bobby Ray Henderson a/k/a Bobby R. Henderson a/k/a Bobby Henderson v. State of Mississippi
Date: September 26, 2013
Citation: 2011-CT-01798-SCT
Petition for writ of certiorari filed pro se by Bobby Ray Henderson is dismissed. M.R.A.P. 17(b). Order entered.

Murphy & Sons, Inc. and Panola Construction Co., Inc. v. DeSoto County Board of Supervisors
Date: September 26, 2013
Citation: 2011-CT-01899-SCT
Petition for writ of certiorari filed by Murphy & Sons, Inc. and Panola Construction Co., Inc., is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Order entered.

Johnson, Jr. v. Pace
Date: September 26, 2013
Citation: 2012-CA-01732-SCT
Docket Number: 2012-CA-01732-SCT

Justia Opinion Summary: Felicia Rogers Thomas and Thomas Johnson, Jr. appealed the grant of summary judgment in favor of William Pace, M.D. in a medical-malpractice suit they filed against the doctor. The Johnsons' claim stemmed from a surgical…

Roderic C. Catchings v. State of Mississippi
Date: September 26, 2013
Citation: 2012-CT-00348-SCT
Roderic Catchings' pro se motion for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

Albert Z. Johnson, Jr. v. Rogers W. King
Date: September 26, 2013
Citation: 2012-EC-00262-SCT
On the Court's own motion, the appeal in this matter is dismissed. All costs are assessed to the appellant. To Dismiss: All Justices. Pierce, J., for the Court. Order entered.

In Re: Timothy Russell
Date: September 26, 2013
Citation: 2013-M-00840

In Re: Karen Collins (Irby) and Parker McKenzie Bounds
Date: September 26, 2013
Citation: 2013-M-01105
Petition for Extraordinary Relief filed by Karen Collins (Irby) and Parker McKenzie Bounds is granted and relief is granted as set forth in this Order. The Order Allowing Limited Discovery filed on June 7, 2013, in Cause No. P2012-34-T/1 in the Chancery Court of the First Judicial District of Hinds County, Mississippi is vacated. The subpoena or subpoenas issued pursuant to the Order Allowing Limited Discovery are quashed. The Motion to Strike Petitioners' Combined Reply is denied. Agree: All Justices. Order entered.

Jerry Lavon Rayborn v. State of Mississippi
Date: September 19, 2013
Citation: 2007-M-00912
Application for Leave to Proceed in the Trial Court on a Motion for Post-Conviction Collateral Relief filed pro se by Jerry Lavon Rayborn is dismissed. Kitchens and King, JJ., would grant. Order entered.

Cavalier Home Builders v. Paul Baughman and Tiffany Baughman
Date: September 19, 2013
Citation: 2011-CA-01452-SCT
Petition for writ of certiorari filed by Paul Baughman and Tiffany Baughman is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller. C.J., Lamar, Pierce and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

In the Matter of The Estate of Theodore Clark Weill, Deceased: Janelle Skinner Weill v. Terry Paul Weill
Date: September 19, 2013
Citation: 2011-CT-00222-SCT
Petition for writ of certiorari filed by Janelle Skinner Weill is denied. To Deny: All Justices. Order entered.

Jeffery Webb v. State of Mississippi
Date: September 19, 2013
Citation: 2011-CT-00405-SCT
Petition for writ of certiorari filed by counsel for Jeffery Webb is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Kenneth G. Haik and Diana W. Haik v. James D. Gammill, Britton D. Gammill, John T. Ball, Eileen Ball and The Estate of Reuben Lee Harper, Jr.
Date: September 19, 2013
Citation: 2011-CT-00975-SCT
Petition for writ of certiorari filed by Kenneth G. Haik and Diana W. Haik is denied. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Waller, C.J., Dickinson, P.J., and Coleman, J. Order entered.

Cavalier Home Builders v. Paul Baughman and Tiffany Baughman
Date: September 19, 2013
Citation: 2011-CT-01452-SCT
Petition for writ of certiorari filed by Paul Baughman and Tiffany Baughman is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller. C.J., Lamar, Pierce and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

Mattie Bennett, Individually and on Behalf of the Wrongful Death Beneficiaries of Josephine Lewis, Deceased and as Administratrix of the Estate of Josephine Lewis, Deceased v. T. Robert Hill and Hill-Boren P.C.
Date: September 19, 2013
Citation: 2012-CA-00664-SCT
Joint Motion to Dismiss Appeal filed by all parties to this proceeding is hereby granted. Pierce, J., for the Court. Order entered.

Gary Richard v. Emilio Garma-Fernandez
Date: September 19, 2013
Citation: 2012-CT-00007-SCT
Petition for writ of certiorari filed by Gary Richard is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and Coleman, JJ. To Grant: Kitchens, Pierce and King, JJ. Order entered.

Ollie Lee Evans a/k/a Ollie Lee Evans, Jr. a/k/a Ollie Evans v. State of Mississippi
Date: September 19, 2013
Citation: 2012-CT-01353-SCT
Petition for writ of certiorari filed pro se by Ollie Lee Evans is dismissed. M.R.A.P. 17(b). Order entered.

Wrenn v. Mississippi
Date: September 19, 2013
Citation: 2012-KA-00466-SCT
Docket Number: 2012-KA-00466-SCT

Justia Opinion Summary: John Wrenn pled guilty to possession of a firearm by a convicted felon. He appealed his conviction, arguing: (1) Mississippi’s concealed-weapon statute precluded his conviction; and (2) he was denied effective assistance…

Wilson v. Mississippi
Date: September 19, 2013
Citation: 2012-KA-00495-SCT
Docket Number: 2012-KA-00495-SCT

Justia Opinion Summary: Frederick Wilson wounded one person and killed another when he fired gunshots at the decedent's car. Wilson was convicted of one count of aggravated assault and one count of murder. Wilson appealed his convictions,…

Mississippi Commission on Judicial Performance v. Fowlkes
Date: September 19, 2013
Citation: 2013-JP-00743-SCT
Docket Number: 2013-JP-00743-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a formal complaint against Municipal Court Judge Robert Fowlkes following a verbal altercation he had with a probation officer outside the courtroom. The…

Charlie Honeycutt v. Tommy Coleman, Atlanta Casualty Companies, Atlanta Casualty Company and American Premier Insurance Company
Date: September 12, 2013
Citation: 2010-CT-01470-SCT
Motion for rehearing filed by Appellees is denied. Randolph, P.J., and Pierce, J., would grant.

Ronald Payne and Thomas Payne, Individually and on Behalf of The Wrongful Death Beneficiaries of Marie Payne, Deceased v. Cleveland Gowdy, Individually and as an Employee of Schneider National Carriers, Inc., and Schneider National Carriers, Inc.
Date: September 12, 2013
Citation: 2010-CT-01929-SCT

Allegrezza v. Greenville Manufacturing Company
Date: September 12, 2013
Citation: 2011-CT-00090-SCT
Docket Number: 2011-CT-00090-CT

Justia Opinion Summary: Kathy Allegrezza filed separate workers' compensation claims against her employer Greenville Manufacturing, alleging injury to her upper extremities (carpal tunnel syndroms) in 1997, and a separate injury to ber back in…

Charles Sylvester Bell a/k/a Charles S. Bell v. State of Mississippi
Date: September 12, 2013
Citation: 2011-CT-00645-SCT

In the Matter of the Estate of William Randy Ivy, Deceased: Legand Dakota Benton, by and through Kelly Nicole Brand, his mother and next friend v. Joyce Ivy, as Administratrix of the Estate of William Randy Ivy, Deceased
Date: September 12, 2013
Citation: 2011-CT-00823-SCT
Petition for writ of certiorari filed by Legand Dakota Benton is denied. To Deny: All Justices. Order entered.

Joel Baskin v. State of Mississippi
Date: September 12, 2013
Citation: 2011-CT-00834-SCT
Petition for writ of certiorari filed by Joel Baskin is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Erick Lee Howard v. State of Mississippi
Date: September 12, 2013
Citation: 2011-CT-01375-SCT
Petition for writ of certiorari filed by Erick Lee Howard, pro se, is denied. To Deny: All Justices. Order entered.

Guy E. Evans v. Joel W. Howell, III
Date: September 12, 2013
Citation: 2011-CT-01414-SCT
Petition for writ of certiorari filed by Guy E. Evans is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Order entered.

Ground Control, LLC v. Capsco Industries, Inc., W.G. Yates & Sons Construction Company and Harrah's Entertainment, Inc.
Date: September 12, 2013
Citation: 2011-IA-00928-SCT
Motion for rehearing filed by Appellees is denied. Randolph, P.J., Pierce and Coleman, JJ., would grant.

City of Belzoni v. Johnson
Date: September 12, 2013
Citation: 2012-CA-00950-SCT
Docket Number: 2012-CA-00950-SCT

Justia Opinion Summary: Shirley Johnson sued the City of Belzoni and two city employees for employment discrimination and sexual harassment. A jury rendered a verdict in Johnson's favor, resulting in a monetary award against each of the three…

Memorial Hospital at Gulfport v. Proulx
Date: September 12, 2013
Citation: 2012-CA-01714-SCT
Docket Number: 2012-CA-01714-SCT

Justia Opinion Summary: Minor Nicholas Proulx was injured in a car accident and treated for his injuries at Memorial Hospital at Gulfport. Nicholas' parents Timothy and Hope Proulx obtained letters of guardianship and petitioned the chancery…

John O'Connor a/k/a John Allen O'Connor a/k/a John O'Conner v. State of Mississippi
Date: September 12, 2013
Citation: 2012-KA-00294-SCT
Motion for rehearing filed pro se by John O'Connor is dismissed. Randolph, P.J., and King, J., would deny.

Natasha Graham a/k/a Natasha J. Graham a/k/a Natasha Jean Graham a/k/a "Tasha" v. State of Mississippi
Date: September 12, 2013
Citation: 2012-KA-00836-SCT
Motion for rehearing filed pro se by Natasha Graham is denied.

Cheryl Rankin v. Larry Cruel, M.D.
Date: September 12, 2013
Citation: 2013-TS-00347
Motion to Dismiss Appeal filed by Larry Cruel is granted. Agree: All Justices. Order entered.

Illinois Central Railroad Company and Fred A. Herndon v. Tasandra Young, Shiron Young, Minors, by and through Sandra Young, as Grandmother and Next Friend
Date: September 5, 2013
Citation: 2010-CT-00468-SCT
Petition for writ of certiorari filed by Tasandra Young, Shiron Young, Minors, by and through Sandra Young, as Grandmother and Next Friend, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and King, JJ. To Grant: Kitchens, Chandler and Coleman, JJ. Order entered.

W.G. Yates & Sons Construction Company v. City of Waveland, Mississippi
Date: September 5, 2013
Citation: 2010-CT-01799-SCT
Petitions for writ of certiorari filed by the City of Waveland, Mississippi, on January 2 and June 5, 2013 are dismissed as moot. Order entered.

Virgil Breeden, Jr. v. State of Mississippi
Date: September 5, 2013
Citation: 2011-CT-00437-SCT
Petition for writ of certiorari filed by Virgil Breeden, Jr., is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

KGC Properties, Inc. v. Triangle Maintenance Services, LLC
Date: September 5, 2013
Citation: 2011-CT-00717-SCT
Petition for writ of certiorari filed by KGC Properties, Inc., is denied. To Deny: All Justices. Order entered.

Public Employees' Retirement System v. Sherry Walker
Date: September 5, 2013
Citation: 2011-CT-00719-SCT
Petition for writ of certiorari filed by Sherry Walker is granted. To Grant: Waller, C.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ. Order entered.

Machon Lyons v. Direct General Insurance Company of Mississippi
Date: September 5, 2013
Citation: 2011-CT-00896-SCT
Petition for writ of certiorari filed by Direct General Insurance Company of Mississippi is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Deny: Kitchens, Chandler and King, JJ. Not Participating: Waller, C.J. Order entered.

Jimmy Culbert v. Christopher B. Epps, Commissioner and Mississippi Department of Corrections
Date: September 5, 2013
Citation: 2011-CT-01305-SCT
Petition for writ of certiorari filed by Jimmy Culbert is denied. To Deny: All Justices. Order entered.

Vaughn & Bowden, PA v. Young
Date: September 5, 2013
Citation: 2011-IA-01763-SCT
Docket Numbers: 2011-IA-01763-SCT, 2011-IA-01783-SCT

Justia Opinion Summary: In an interlocutory appeal from the trial court's denial of defendant Vaughn Bowden, PA's motion to dismiss for failure to state a claim upon which relief could be granted. Plaintiffs Cherie Blackmore and Diane Young…

Lester Lavon Parker, Jr. a/k/a Lester Levon Parker, Jr. a/k/a Lester Parker, Jr. a/k/a Lester Lavon Parker v. State of Mississippi
Date: September 5, 2013
Citation: 2011-KA-01158-SCT
Motion for rehearing filed by Lester Lavon Parker, Jr., is denied. Kitchens, Chandler and King, JJ., would grant.

State of Mississippi v. Robert Shuler Smith, et al.
Date: September 5, 2013
Citation: 2013-IA-01220-SCT

State of Mississippi v. Robert Shuler Smith, District Attorney for Hinds County, Mississippi; Tyrone Lewis, Sheriff for Hinds County, Mississippi; Jerry Moore, Constable for Hinds County, Mississippi; John Brown, Constable for Hinds County, Mississippi; Lawrence Funchess, Constable for Hinds County, Mississippi; Jon C. Lewis, Constable for Hinds County, Mississippi; Bennie C. Buckner, Constable for Hinds County, Mississippi; Willie Simmons, Sollie Norwood, John Horne and Hillman Frazier, Citizens of Hinds County, Mississippi.
Date: September 5, 2013
Citation: 2013-TS-01241-SCT
The State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction is granted. The Order Granting Plaintiffs' Motion for Injunctive Relief, entered on July 12, 2013, in Cause No. 251-13-595CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The appeal in Cause No. 2013-TS-01241-SCT is dismissed. Costs of the appeal are assessed to the Appellees. To Grant and Render: All Justices. Pierce, J., for the Court. Order entered.

Walter Tard v. State of Mississippi
Date: August 29, 2013
Citation: 2010-CT-00898-SCT
Petition for writ of certiorari filed by Walter Tard is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., and Pierce, J. Order entered.

Erika L. Felter v. Floorserv, Inc., The Employers' Fire Insurance Company, and One Beacon Insurance
Date: August 29, 2013
Citation: 2010-CT-01793-SCT
Motion for rehearing filed by Appellees is denied. Randolph, P.J., Lamar and Coleman, JJ., would grant.

Bobby Batiste a/k/a Bobby L. Batiste a/k/a Bobby L. Batiste, Jr. a/k/a Bobby Lionel Batiste, Jr. a/k/a Bobby Lionel Batiste v. State of Mississippi
Date: August 29, 2013
Citation: 2010-DP-00510-SCT
Motion for rehearing filed by Bobby Batiste is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.

In the Interest of M.E.V.
Date: August 29, 2013
Citation: 2011-CA-01091-SCT
Docket Number: 2011-CA-01091-SCT

Justia Opinion Summary: M.E.V. was a minor child whose biological mother lived in Mississippi, and whose biological father lived in Texas. The youth court removed M.E.V. from her mother’s custody. After several periodic reviews, the youth court…

Mobility Medical, Inc., and Mobility Medical of North Mississippi, LLC v. Mississippi Department of Revenue
Date: August 29, 2013
Citation: 2011-CA-01780-SCT
Motion for rehearing filed by Appellants is denied. Waller, C.J., Kitchens, Pierce and King, JJ., would grant.

James Felton Bell a/k/a James Bell v. State of Mississippi
Date: August 29, 2013
Citation: 2011-CT-00501-SCT
Petition for writ of certiorari filed by James Felton Bell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Dempsey Sullivan and Terrell Stubbs v. Samuel Maddox and Steve Maddox
Date: August 29, 2013
Citation: 2011-CT-00820-SCT
Petition for writ of certiorari filed by Dempsey Sullivan and Terrell Stubbs is denied. To Deny: Waller, C.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ., and King, J. Not Participating: Kitchens, J. Order entered.

Barbara Lewis, Individually, as Administratrix for The Estate of R. J. Lewis, and on Behalf of The Wrongful Death Beneficiaries for The Estate of R. J. Lewis v. Forest Family Practice Clinic, P.A. and John Paul Lee, M.D.
Date: August 29, 2013
Citation: 2011-CT-00828-SCT
Petition for writ of certiorari filed by Forest Family Practice Clinic, P.A. and John Paul Lee, M.D., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and Pierce, JJ. To Deny: Kitchens and King, JJ. Not Participating: Coleman, J. Order entered.

James Christopher Skinner a/k/a Christopher Skinner v. State of Mississippi
Date: August 29, 2013
Citation: 2011-CT-00901-SCT
Petition for writ of certiorari filed by James Christopher Skinner a/k/a Christopher Skinner is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Billy Ard v. State of Mississippi
Date: August 29, 2013
Citation: 2011-CT-01317-SCT
Petition for writ of certiorari filed pro se by Billy Ard is denied. To Deny: All Justices. Order entered.

Tommy Hampton a/k/a Thomas Hampton v. State of Mississippi
Date: August 29, 2013
Citation: 2011-CT-01641-SCT
Petition for writ of certiorari filed by Tommy Hampton is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., and Randolph, P.J. Order entered.

Hill v. Mississippi
Date: August 29, 2013
Citation: 2012-CP-00858-SCT
Docket Number: 2012-CP-00858-SCT

Justia Opinion Summary: Billy Dale Hill appealed his motion for post-conviction relief. He claimed that the circuit court had destroyed biological evidence without notifying him as required by statute. The evidence in question was a laboratory…

Donald Foster Estes a/k/a Donald Estes a/k/a Donald F. Estes a/k/a Donald Foster Estes Jr. v. State of Mississippi
Date: August 29, 2013
Citation: 2012-CT-00071-SCT
Petition for writ of certiorari filed by Donald Foster Estes, pro se, is denied. To Deny: All Justices. Order entered.

Corey Thompson a/k/a Corey T. Thompson a/k/a Corey M. Thompson a/k/a Corey Terrell Thompson v. State of Mississippi
Date: August 29, 2013
Citation: 2012-KA-00899-SCT
Motion for rehearing filed pro se by Corey Thompson is denied.

Eduardo A. Flechas v. Alyce Pearl Pitts
Date: August 29, 2013
Citation: 2013-M-00839
On the Court's own motion, the stay entered by this Court on June 20, 2013, in cause No. 2011-0478, Lincoln County Chancery Court, is lifted for the limited purpose of allowing the chancery court to enter an order or orders pursuant to its findings resulting from the hearing held by the chancery court on June 20, 2013. The order(s) shall be entered by September 13, 2013, and certified copies shall be immediately transmitted to this Court. If the order or orders entered by the chancery court supersede or vacate, in whole or in part, its previous orders entered in cause No. 2011-0478 dated February 1, 2013, and May 23, 2013, the chancery court is directed to specifically inform this Court of such. The parties may file motions or supplemental responses with this Court in response to the chancery court's order(s) by September 30, 2013. The stay entered by this Court on June 20, 2013 in cause No. 2011-0478, shall remain in effect pending this Court's decision on the motions filed in this cause. Order entered.

Texaco, Inc. and Chevron Corporation v. Rosalyn Simon, By and Through Loraine Simon, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; Ken'Driana Gibbs, By and Through Donzella January, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; Petra Ron Chess, By and Through Louise Chess, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; By and Through Davion Norton, By and Through Eva Norton, His Natural Mother, Adult Next Friend, and Guardian Ad Litem; Alexander Nickel, By and Through Belinda Nickel, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem
Date: August 22, 2013
Citation: 2010-CA-01921-SCT
This appeal is dismissed and this case is remanded to the Circuit Court of Jefferson County and, upon sufficient evidence satisfactory to the circuit judge that all required approvals of the settlement have been obtained, the circuit judge shall enter an Agreed Order expunging the judgment against Texaco Inc. and Chevron Corporation nunc pro tunc and holding it as naught as required to carry out an agreement among the parties. The Clerk of this Court is directed to immediately issue this Court's mandate. Each party will bear their own costs. Dickinson, P.J., for the Court. Order entered.

Falkner v. Stubbs, Jr.
Date: August 22, 2013
Citation: 2010-CT-01664-SCT
Docket Number: 2010-CT-01664-SCT

Justia Opinion Summary: John Stubbs, Jr., d/b/a Mississippi Polysteel Stubbs was awarded damages for breach of contract after he sued Martin and Valerie Falkner to enforce a construction lien on their home. The Court of Appeals affirmed the…

Ted W. Stone a/k/a Ted Stone v. State of Mississippi
Date: August 22, 2013
Citation: 2010-KA-01722-SCT
Appellant's pro se Second Motion to Recuse filed on July 30, 2013, is dismissed as moot. Order entered.

J.C. Williams v. State of Mississippi
Date: August 22, 2013
Citation: 2011-CT-00944-SCT
Petition for writ of certiorari filed by J.C. Williams, pro se, is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Pierce, J. Order entered.

William Andrew Short v. Kathryn Taylor Short
Date: August 22, 2013
Citation: 2011-CT-01096-SCT
Petition for writ of certiorari filed by counsel for William Andrew Short is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., and Kitchens, J. Order entered.

Andrew Lee Hammond a/k/a Andrew L. Hammond a/k/a Andrew Hammond a/k/a Drew v. State of Mississippi
Date: August 22, 2013
Citation: 2011-CT-01333-SCT
Petition for writ of certiorari filed by Andrew Lee Hammond is denied. To Deny: All Justices. Order entered.

Shawn Doss a/k/a Shawn Lamont Doss a/k/a Shawn L. Doss v. State of Mississippi
Date: August 22, 2013
Citation: 2011-CT-01870-SCT
Petition for writ of certiorari filed by Shawn Doss is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Kenton H. McNeese v. Katherine J. McNeese
Date: August 22, 2013
Citation: 2012-CP-00174-SCT
Motion for rehearing filed by Kenton H. McNeese, pro se, is denied. Opinion modified at paragraphs 33, 34 and 35.

Weeks v. Mississippi
Date: August 22, 2013
Citation: 2012-KA-00988-SCT
Docket Number: 2012-KA-00988-SCT

Justia Opinion Summary: Malcolm Weeks Sr. was indicted and tried for sexually abusing his fourteen-year-old daughter. He was convicted of one count of child fondling and two counts of sexual battery. On appeal, he argued: (1) the trial court…

City of Mendenhall, Mississippi v. Albert and Bridget Lewis, Individually and as Next Friend and Parents of Marshay Lewis
Date: August 22, 2013
Citation: 2013-M-00587-SCT
Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal and Motion for En Banc Review filed by the City of Mendenhall, Mississippi is granted. The City's Petition for Permission to File Interlocutory Appeal is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed as required by Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. Order entered.

Johnny Ray Magee v. State of Mississippi
Date: August 15, 2013
Citation: 2010-CT-01611-SCT
Petition for writ of certiorari filed by Johnny Ray Magee is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Marianne M. Mabie, as Personal Representative of the Estate of Lefferts L. Mabie, Jr. v. Roy Shannon
Date: August 15, 2013
Citation: 2011-CT-01134-SCT
Petition for writ of certiorari filed by Roy Shannon is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Dickinson, P.J., and Pierce, J. Order entered.

Jones v. Mississippi
Date: August 15, 2013
Citation: 2011-CT-01254-SCT
Docket Number: 2011-CT-01254-SCT

Justia Opinion Summary: In June 2004, Victor Jones pled guilty to two counts of sexual battery and was sentenced to two consecutive twenty-year terms in the Mississippi Department of Corrections. Jones filed a notice of appeal, which was…

The Mississippi Bar v. Jimmie L. Collins
Date: August 15, 2013
Citation: 2012-BD-02048-SCT

Cooper v. The Estate of William David Gatwood
Date: August 15, 2013
Citation: 2012-CA-00508-SCT
Docket Number: 2012-CA-00508-SCT

Justia Opinion Summary: Thirteen years after the divorce was finalized, the Lamar County Chancery Court found that the former husband, Appellee John David Gatwood, was in arrears on certain financial obligations imposed by the divorce decree.…

Bateman v. Mississippi
Date: August 15, 2013
Citation: 2012-KA-00372-SCT
Docket Number: 2012-KA-00372-SCT

Justia Opinion Summary: Clayton Paul Bateman was convicted of two counts of sexual battery and two counts of touching a child for lustful purposes. He was sentenced to a total of thirty years' imprisonment. He appealed his conviction. Finding…

Waits v. Mississippi
Date: August 15, 2013
Citation: 2012-KA-00789-SCT
Docket Number: 2012-KA-00789-SCT

Justia Opinion Summary: David Waits was indicted by a grand jury on one count of deliberate-design murder of Wavious McGee. The indictment also charged him with a sentence enhancement for using a firearm during the commission of a felony. The…

Robert G. Germany and Pittman, Germany, Roberts & Welsh, LLC v. Ashley DeJanae Stower, Individually and as Wrongful Death Beneficiary of Rodney Sandrell Stowers; Delie A. Shepard, Individually and as Administratrix of the Estate of Rodney Sandrell Stowers, and on Behalf of the Wrongful Death Beneficiaries of Rodney Sandrell Stowers
Date: August 15, 2013
Citation: 2013-M-00155-SCT
Motion for rehearing filed by counsel for petitioners is denied. The respondents' motion to strike and for sanctions is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ., and King, J. Order entered.

DBA Automotive Two, LLC v. Chrysler Financial Services Americas, LLC f/k/a Daimler Chrysler Services North America, LLC
Date: August 15, 2013
Citation: 2013-M-00503-SCT
DBA Automotive Two, LLC's "Petitioner's/Appellant's Motion for Rehearing," which is in the nature of a motion for reconsideration, is denied. Pierce, J., not participating. Order entered.

Cleveland v. Hamil
Date: August 8, 2013
Citation: 2010-CT-01527-SCT
Docket Number: 2010-CT-01527-SCT

Justia Opinion Summary: At the trial of this medical-negligence case, plaintiff’s only expert abandoned his pretrial opinion, and over the objection of the defendant, testified to a new opinion that was never disclosed in discovery. The Court…

Avery v. Mississippi
Date: August 8, 2013
Citation: 2010-CT-02058-SCT
Docket Number: 2010-CT-02058-SCT

Justia Opinion Summary: William Antonio Avery was convicted of selling cocaine and felony fleeing. The Court of Appeals affirmed his conviction and sentence. On appeal to the Supreme Court, Avery argued the trial court committed reversible…

Earnest Ray Magee v. Covington County Bank
Date: August 8, 2013
Citation: 2011-CT-00589-SCT
Petition for writ of certiorari filed by Earnest Ray Magee is denied. To Deny: All Justices. Order entered.

Marty Phillip Parisi a/k/a Marty Parisi v. State of Mississippi
Date: August 8, 2013
Citation: 2011-CT-01050-SCT
Petition for writ of certiorari filed by Marty Phillip Parisi, pro se, is denied. To Deny: All Justices. Order entered.

Jon Kurrie Peterson a/k/a Jon K. Peterson a/k/a Jon Peterson v. State of Mississippi
Date: August 8, 2013
Citation: 2011-CT-01504-SCT
Petition for writ of certiorari filed pro se by Jon Kurrie Peterson a/k/a Jon K. Peterson a/k/a Jon Peterson is denied. To Deny: All Justices. Order entered.

Mississippi v. Buckhalter
Date: August 8, 2013
Citation: 2012-CA-00725-SCT
Docket Number: 2012-CA-00725-SCT

Justia Opinion Summary: A grand jury indicted Nina Buckhalter for culpable-negligence manslaughter after she gave birth to a stillborn baby girl. The circuit court dismissed the indictment, finding certain language in the manslaughter statute…

Blayde Grayson a/k/a Blayde N. Grayson a/k/a Blayde Nathaniel Grayson a/k/a Blayde N. Amodeo v. State of Mississippi
Date: August 8, 2013
Citation: 2012-DR-00059-SCT
Motion for rehearing filed by counsel for Blayde Grayson is denied.

Mississippi Department of Human Services v. S.C.
Date: August 8, 2013
Citation: 2012-IA-01130-SCT

Justia Opinion Summary: Plaintiff filed suit against the Mississippi Department of Human Services and a children’s psychiatric facility Alliance Crossings based on the alleged statutory rape of a minor that occurred while the minor resided at…

David McLymont v. State of Mississippi
Date: August 8, 2013
Citation: 2012-KA-00408-SCT
Motion for rehearing filed pro se by David McLymont is denied.

Larry Evans v. State of Mississippi
Date: August 1, 2013
Citation: 2009-CT-00524-SCT
Motion to Expedite filed pro se by Larry Evans is dismissed. M.R.A.P. 17(b). Order entered.

Taylor v. Mississippi
Date: August 1, 2013
Citation: 2009-CT-00669-SCT
Docket Number: 2009-CT-00669-SCT

Justia Opinion Summary: Defendant Carlos Taylor appealed his sentence of life without parole. On appeal to the Supreme Court, he argued the trial court abused its discretion in sentencing Taylor under Miss. Code Ann. Section 99-19-83, because…

Chris Harrell a/k/a Christopher Harrell v. State of Mississippi
Date: August 1, 2013
Citation: 2010-CT-01571-SCT
Petition for writ of certiorari filed by Chris Harrell is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman. To Deny: Randolph, P.J., and Pierce, J. Order entered.

David L. Martindale v. Hortman Harlow Bassi Robinson and McDaniel, PLLC
Date: August 1, 2013
Citation: 2010-CT-02077-SCT
Petition for writ of certiorari filed by David L. Martindale is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Order entered.

Campbell v. Mississippi
Date: August 1, 2013
Citation: 2011-CT-00272-SCT
Docket Number: 2011-CT-00272-SCT

Justia Opinion Summary: Defendant David Campbell was convicted of fondling a minor over whom he held a position of trust or authority under Mississippi Code Section 97-55-23(2) (Rev. 2006). The Court of Appeals reversed the conviction, finding…

Rosemary Finch v. Stewart Finch
Date: August 1, 2013
Citation: 2011-CT-00306-SCT
Petition for writ of certiorari filed by Rosemary Finch is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Kitchens, J. Order entered.

Carlos Ivy v. State of Mississippi
Date: August 1, 2013
Citation: 2011-CT-01025-SCT
Petition for writ of certiorari filed by Carlos Ivy, pro se, is dismissed. M.R.A.P. 17(b). Order entered.

Martha Crow v. Crow's Sports Center, Incorporated, Lynn Lambert and Rhonda Lambert
Date: August 1, 2013
Citation: 2011-CT-01233-SCT
Petition for writ of certiorari filed by Crow's Sports Center, Inc., Lynn Lambert and Rhonda Lambert is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and King, JJ. To Grant: Kitchens, Chandler and Coleman, JJ. Order entered.

Tofino Holdings, LLC, A Mississippi Limited Liability Corporation v. Donnell and Sons, LLC, A Mississippi Limited Liability Corporation
Date: August 1, 2013
Citation: 2011-CT-01408-SCT
Petition for writ of certiorari filed by Tofino Holdings, LLC is denied. To Deny: All Justices. Order entered.

Herman Saunders a/k/a Herman Fitzearld Saunders a/k/a Robert Marsh a/k/a Mickey Marsh a/k/a Adrian Marsh v. State of Mississippi
Date: August 1, 2013
Citation: 2011-CT-01905-SCT
Petition for writ of certiorari filed pro se by Herman Saunders a/k/a Herman Fitzearld Saunders a/k/a Robert Marsh a/k/a Mickey Marsh a/k/a Adrian Marsh is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Alfonso v. Diamondhead Fire Protection District
Date: August 1, 2013
Citation: 2012-CA-00217-SCT
Docket Number: 2012-CA-00217-SCT

Justia Opinion Summary: A group of property owners filed suit against the Diamondhead Fire Protection District (DFPD) board of commissioners and several current and former DFPD officers, seeking declaratory judgment that a fee charged for…

Mississippi Commission on Judicial Performance v. Skinner, II
Date: August 1, 2013
Citation: 2012-JP-01745-SCT
Docket Number: 2012-JP-01745-SCT

Justia Opinion Summary: Hinds County Youth Court Judge William Skinner, II took action in a case in which he was recused and abused the contempt power. Judge Skinner and the Mississippi Commission on Judicial Performance submitted a Joint…

Young v. Mississippi
Date: August 1, 2013
Citation: 2012-KA-00050-SCT
Docket Number: 2012-KA-00050-SCT

Justia Opinion Summary: Defendant Ryan Scott Young appealed his convictions for felony driving under the influence (DUI) third offense, and retaliation against a public servant. On appeal to the Supreme Court he argued: (1) that the indictment…

David Javarious Jamison Renfro a/k/a David J. J. Renfro a/k/a David Renfro a/k/a David Javarious Renfro a/k/a David James Renfrow a/k/a Jamie Renfro v. State of Mississippi
Date: August 1, 2013
Citation: 2012-KA-00643-SCT
Motion for rehearing filed pro se by David Javarious Jamison Renfro is dismissed.

Eli Investments, LLC v. Silver Slipper Casino Venture, LLC
Date: July 25, 2013
Citation: 2011-CA-00819-SCT
Docket Number: 2011-CA-00819-SCT

Justia Opinion Summary: Eli Investments, LLC, sued Silver Slipper Casino Venture, LLC, Silver Slipper Gambling, LLC, and Broadwater Development, LLC, to recover for damages sustained to Eli’s Biloxi hotel when Silver Slipper’s casino allided…

John Bartholemew Lowe a/k/a John B. Lowe v. State of Mississippi
Date: July 25, 2013
Citation: 2011-CT-00762-SCT
Petitions for writ of certiorari filed by John Bartholemew Lowe, pro se, and the Office of State Public Defender, Indigent Appeals Division, on behalf of Lowe are granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J. Order entered.

Toney Jennings a/k/a Tony Jennings a/k/a Tony Jenning v. State of Mississippi
Date: July 25, 2013
Citation: 2011-CT-01313-SCT
Petition for writ of certiorari filed by Toney Jennings is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.

Bruce Calvin McCoy a/k/a Bruce McCoy a/k/a Bruce C. McCoy v. State of Mississippi
Date: July 25, 2013
Citation: 2011-CT-01314-SCT
Bruce Calvin McCoy's pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

Bruce Calvin McCoy a/k/a Bruce McCoy a/k/a Bruce C. McCoy v. State of Mississippi
Date: July 25, 2013
Citation: 2011-CT-01315-SCT
Bruce Calvin McCoy's pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

Bruce Calvin McCoy v. State of Mississippi
Date: July 25, 2013
Citation: 2011-CT-01316-SCT
Bruce Calvin McCoy's pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

Pair A Dice Farms, Inc., James G. Pollock Jr. and wife, Debra White Pollock, and Walter B. Pollock and wife, Debra Pollock v. InSouth Bank of Covington
Date: July 25, 2013
Citation: 2011-CT-01719-SCT
Petition for writ of certiorari filed by counsel for Appellants is denied. To Deny: All Justices. Order entered.

James G. Pollock Jr. and wife, Debra White Pollock, Walter B. Pollock and wife, Debra Pollock v. InSouth Bank of Covington
Date: July 25, 2013
Citation: 2011-CT-01721-SCT
Petition for writ of certiorari filed by counsel for Appellants is denied. To Deny: All Justices. Order entered.

Jessie Beal v. State of Mississippi
Date: July 25, 2013
Citation: 2011-CT-01842-SCT
Petition for writ of certiorari filed by Jessie Beal, pro se, is denied. To Deny: All Justices. Order entered.

Reed v. Mississippi
Date: July 25, 2013
Citation: 2011-KA-01744-SCT
Docket Number: 2011-KA-01744-SCT

Justia Opinion Summary: Defendant Jermaine Reed was convicted by jury of aggravated assault of his ex-girlfriend. He had been adjudicated a violent habitual offender, and sentenced to life without parole. On appeal, defendant challenged his…

Willie Jerome Manning a/k/a Fly v. State of Mississippi
Date: July 25, 2013
Citation: 2013-DR-00491-SCT

Jones v. Mississippi
Date: July 18, 2013
Citation: 2009-CT-02033-SCT
Docket Number: 2009-CT-02033-SCT

Justia Opinion Summary: Defendant Brett Jones was convicted on murder charges for stabbing his grandfather to death. He was sentenced to life. Defendant was granted leave to apply for post-conviction relief. In his argument to the circuit…

Stanley Dewayne Cole a/k/a Stanley Cole v. State of Mississippi
Date: July 18, 2013
Citation: 2010-CT-00532-SCT
Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens and Coleman, JJ. To Grant: Chandler and Pierce, JJ. Not Participating: Lamar and King, JJ. Order entered.

Ricky Archer a/k/a Ricky D. Archer a/k/a "Slick" v. State of Mississippi
Date: July 18, 2013
Citation: 2010-CT-01127-SCT
Petition for writ of certiorari filed by Ricky Archer a/k/a Ricky D. Archer a/k/a "Slick" is denied. To Deny: All Justices. Order entered.

William Austin Branch a/k/a Austin Branch v. State of Mississippi
Date: July 18, 2013
Citation: 2010-CT-01769-SCT
Petition for writ of certiorari filed by William Austin Branch is denied. To Deny: All Justices. Order entered.

Borne v. Estate of T. L. Carraway, Jr.
Date: July 18, 2013
Citation: 2011-CA-00267-SCT
Docket Number: 2011-CA-00267-SCT

Justia Opinion Summary: A large sinkhole developed behind the property of T.L. Carraway. A culvert system failed, causing the hole. The culvert system drained Eastover Lake, which was maintained by the owners whose properties surrounded the…

Barry Lemax Melton a/k/a Barry Melton a/k/a Barry L. Melton v. State of Mississippi
Date: July 18, 2013
Citation: 2011-CT-00642-SCT
Petition for writ of certiorari filed by Barry Lemax Melton is denied. To Deny: All Justices. Order entered.

Jackson County Board of Supervisors v. Mississippi Employment Security Commission
Date: July 18, 2013
Citation: 2011-CT-00648-SCT
Petition for writ of certiorari of the Mississippi Department of Employment Security is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Dismiss: Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.

Dexter Campbell a/k/a Dexter J. Campbell a/k/a Dexter Jerome Campbell v. State of Mississippi
Date: July 18, 2013
Citation: 2011-CT-00694-SCT
Petition for writ of certiorari filed by counsel for Dexter Campbell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Jonathan McGriggs v. State of Mississippi
Date: July 18, 2013
Citation: 2011-CT-01208-SCT
Motion for writ of certiorari filed by Jonathan McGriggs is dismissed as untimely filed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.

Gregory Wilder a/k/a Gregory Okeith Wilder v. State of Mississippi
Date: July 18, 2013
Citation: 2011-CT-01244-SCT
Petition for writ of certiorari filed by Gregory Wilder is denied. To Deny: All Justices. Order entered.

Della Sumrall and Roy Sumrall v. Edward Dvorak, M.D.
Date: July 18, 2013
Citation: 2012-IA-01319-SCT
Interlocutory appeal No. 2012-IA-01319-SCT is hereby dismissed without prejudice and the order of this Court dated June 6, 2013, staying proceedings in the trial court is vacated. All costs associated with this appeal shall be taxed against the Appellants. Dickinson, P.J., for the Court. Order entered.

Grayer v. Mississippi
Date: July 18, 2013
Citation: 2012-KA-00321-SCT
Docket Number: 2012-KA-00321-SCT

Justia Opinion Summary: Defendant Melvin Grayer was convicted of burglary and sentenced as a habitual offender to seven years without the possibility of parole or probation. He appealed, arguing he received ineffective assistance of counsel…

Morgan v. Mississippi
Date: July 18, 2013
Citation: 2012-KA-00861-SCT
Docket Number: 2012-KA-00861-SCT

Justia Opinion Summary: Defendant Joe Morgan directly appealed his convictions on murder and manslaughter charges, for which he was sentenced to life and twenty years' incarceration respectively. He challenged the denial of his requested jury…

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton
Date: July 18, 2013
Citation: 2012-UR-01108-SCT
Motion for Clarification of En Banc Order of June 20, 2013 is granted to the extent that the briefing schedule set in paragraph 3 of the En Banc Order of June 20, 2013, is vacated briefing is complete in No. 2012-UR-01108-SCT, and no further briefing in that No. is needed or requested and the following briefing schedule is set for No. 2013-UR-00477-SCT: Within 40 days of the entry of this order, the appellant shall file and serve the original and nine copies of his brief of appellant and record excerpts Within 30 days of the service of the brief of appellant, the appellees shall file and serve the original and nine copies of the briefs of appellees and any record excerpts and Within 14 days of the service of the last brief of appellees, the appellant may file and serve the original and nine copies of his reply brief. Order entered.

Cheryl Rankin v. Larry Cruel, M.D.
Date: July 18, 2013
Citation: 2013-TS-00347
On the Court's own motion, within thirty days of the entry of this order, Cheryl Rankin shall show cause why the appeal should not be dismissed or why lesser sanctions should not be imposed. Within ten days after Rankin files her show-cause response, Larry Cruel shall be entitled to file a reply. Order entered.

Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission
Date: July 18, 2013
Citation: 2013-UR-00477-SCT
Motion for Clarification of En Banc Order of June 20, 2013 is granted to the extent that the briefing schedule set in paragraph 3 of the En Banc Order of June 20, 2013, is vacated briefing is complete in No. 2012-UR-01108-SCT, and no further briefing in that No. is needed or requested and the following briefing schedule is set for No. 2013-UR-00477-SCT: Within 40 days of the entry of this order, the appellant shall file and serve the original and nine copies of his brief of appellant and record excerpts Within 30 days of the service of the brief of appellant, the appellees shall file and serve the original and nine copies of the briefs of appellees and any record excerpts and Within 14 days of the service of the last brief of appellees, the appellant may file and serve the original and nine copies of his reply brief. Order entered.

Jeffery Scott Lawrence a/k/a Jeffrey Scott Lawrence v. State of Mississippi
Date: June 27, 2013
Citation: 2010-CT-01288-SCT
Petition for writ of certiorari filed by Jeffrey Scott Lawrence is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Jerry D. Van Wagner v. State of Mississippi
Date: June 27, 2013
Citation: 2010-CT-01631-SCT
Petition for writ of certiorari filed by counsel for Jerry D. Van Wagner was granted by order of this Court on March 8, 2013. 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. Not To Dismiss: Coleman, J. Chandler, J., for the Court. Order entered.

Mona Cates v. Elizabeth Swain
Date: June 27, 2013
Citation: 2010-CT-01939-SCT
Motion for Rehearing filed by Elizabeth Swain is denied. Dickinson, P.J., would grant. Lamar, J., not participating.

Roger Lee Gillett v. State of Mississippi
Date: June 27, 2013
Citation: 2010-DR-01072-SCT
On the Court's own motion, a supplemental brief is to be filed by Gillett no later than Monday, July 22, 2013, at 5:00 p.m. The State's response is to be filed no later than Monday, August 19, 2013, at 5:00 p.m. A reply brief from Gillett is to be filed no later than Tuesday, September 3, 2013, at 5:00 p.m. Order entered.

Tyrell Williams v. State of Mississippi
Date: June 27, 2013
Citation: 2011-CT-00081-SCT
Motion for Rehearing filed by the State of Mississippi is denied.

Lee Darrel Nix a/k/a Lee Darryl Nix a/k/a Lee D. Nix a/k/a Lee Darreln Nix a/k/a Lee Nix a/k/a Lee Darrell Nix v. State of Mississippi
Date: June 27, 2013
Citation: 2011-CT-00372-SCT
Petition for writ of certiorari filed by Lee Darrell Nix, pro se, is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Chandler and Pierce, JJ. Order entered.

Stephanie Roberson v. LFI Fort Pierce, Inc., mistakenly identified as Labor Finders, and Labor Finders International
Date: June 27, 2013
Citation: 2011-CT-01247-SCT
Motion Requesting a Petition for Writ of Certiorari filed by Stephanie Roberson is dismissed. Order entered.

Victor D. Jones a/k/a Victor Dewayne Jones v. State of Mississippi
Date: June 27, 2013
Citation: 2011-CT-01254-SCT
Petition for writ of certiorari filed pro se by Victor D. Jones is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Pierce and King, JJ. Order entered.

Gilmore v. Mississippi
Date: June 27, 2013
Citation: 2011-KA-01702-SCT
Docket Number: 2011-KA-01702-SCT

Justia Opinion Summary: Defendant Stanley Gimore was convicted of aggravated assault and possession of a weapon by a convicted felon. He stipulated that he have been convicted of two separate felonies. In appealing his conviction, he raised…

Sam Bradford, Sr. v. State of Mississippi
Date: June 27, 2013
Citation: 2012-CT-00296-SCT
Petition for writ of certiorari filed by Sam Bradford, Sr., pro se, is denied. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Dismiss: Waller, C.J. To Grant: Dickinson, P.J. Order entered.

Eduardo A. Flechas v. Alyce Pearl Pitts
Date: June 27, 2013
Citation: 2013-M-00839
All proceedings in cause no. 2011-0478, Lincoln County Chancery Court, including the show cause hearing scheduled for June 20, 2013, are stayed pending further order of this Court. The Respondent and the Lincoln County Chancery Court shall file responses to the Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues with this Court by July 15, 2013. Order entered.

Coleman v. Mississippi
Date: June 20, 2013
Citation: 2009-CT-01350-SCT
Docket Number: 2009-CT-01350-SCT

Justia Opinion Summary: Over two years after his trial, Defendant Patrick Coleman was ordered to a retrospective mental competency hearing by the Court of Appeals because he erroneously had been denied a pretrial one. Finding that the nunc pro…

R.C. Hibbler v. State of Mississippi
Date: June 20, 2013
Citation: 2010-CT-01124-SCT
Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: All Justices. Order entered.

Ken E. Cleveland, George T. Smith-Vaniz, M.D., and Jackson HMA, Inc., d/b/a Central Mississippi Medical Center v. Lanell Hamil, Individually and on Behalf of the Wrongful Death Beneficiaries of Emmett O. Hamil, Deceased, who are Entitled to Recover Under the Wrongful Death and Survival Statute
Date: June 20, 2013
Citation: 2010-CT-01527-SCT
Petition for writ of certiorari filed by Ken E. Cleveland is granted. To Grant: Dickinson, P.J., Chandler, Pierce and Coleman, JJ. To Deny: Waller, C.J., Lamar, Kitchens and King, JJ. Not Participating: Randolph, P.J. Order entered.

Sweet Valley Missionary Baptist Church a/k/a Hub Community Baptist v. Alfa Insurance Corporation a/k/a Alfa General Insurance Corporation a/k/a Alfa Mutual General Insurance Company a/k/a Alfa Specialty Insurance Corporation
Date: June 20, 2013
Citation: 2010-CT-01807-SCT
Petition for writ of certiorari filed by Alfa Insurance Corporation a/k/a Alfa General Insurance Corporation a/k/a Alfa Mutual General Insurance Company a/k/a Alfa Specialty Insurance Corporation is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. Order entered.

Equifax, Inc. v. Mississippi Department of Revenue
Date: June 20, 2013
Citation: 2010-CT-01857-SCT
Docket Number: 2010-CT-01857-SCT

Justia Opinion Summary: Equifax, Inc. appealed the State Tax Commission's income tax assessment. Equifax contended its Mississippi taxable income was zero; after an audit, the Commission found that the standard apportionment method prescribed…

One 1970 Mercury Cougar, VIN #0F9111545940 et. al. v. Tunica County
Date: June 20, 2013
Citation: 2010-CT-02039-SCT
Docket Number: 2010-CT-02039-SCT

Justia Opinion Summary: Five years following law enforcement's seizure of three cars and cash belonging to Willie Hampton in conjunction with his arrest, Tunica County's petition for forfeiture was granted. Hampton appealed, arguing that the…

Downs v. Ackerman
Date: June 20, 2013
Citation: 2011-CT-00089-SCT
Docket Number: 2011-CT-00089-SCT

Justia Opinion Summary: Honda Downs sued Dr. Peter Ackerman for her injuries after Ackerman rear-ended the vehicle she was driving. Ackerman admitted liability; the case went to trial on damages. The jury awarded Downs $20,000 but denied her…

Roach v. Mississippi
Date: June 20, 2013
Citation: 2011-CT-00162-SCT
Docket Number: 2011-CT-00162-SCT

Justia Opinion Summary: Defendant Jimmie Roach filed a motion for post-conviction relief, claiming he was entitled to a new trial based on newly discovered evidence, and that a juror at his trial was exposed to extraneous information supplied…

Darnice Love Scott v. Jerry Clyde Scott
Date: June 20, 2013
Citation: 2011-CT-00736-SCT
Petition for writ of certiorari filed by Darnice Love Scott is denied. To Deny: All Justices. Order entered.

Xiaoyan Li "Shannon" Montgomery v. Linda A. Stribling, Individually
Date: June 20, 2013
Citation: 2011-CT-01049-SCT
Petition for writ of certiorari filed pro se by Linda A. Stribling is denied. To Deny: All Justices. Order entered.

Carla Land; Joshua Land; Misty Moudy; Prentice J. Land; Jason D. Russell, Individually and as Administrator of the Estate of Richard D. Russell, Deceased, and Danny Russell, a Minor, as Wrongful Death Beneficiaries of Benjamin Dewayne Russell v. Attala County, Mississippi, through the Attala County Board of Supervisors
Date: June 20, 2013
Citation: 2011-CT-01105-SCT
Petition for writ of certiorari filed by Carla Land, Joshua Land, Misty Moudy, Prentice J. Land, Danny Russell, Richard D. Russell and Jason D. Russell, Individually and as administrator of the Estate of Richard Russell, Deceased is denied. To Deny: Waller, C.J., Lamar, Kitchens and Pierce, JJ. To Grant: Randolph, P.J., Chandler and King, JJ. Not participating: Dickinson, P.J., and Coleman, J. Order entered.

Robinson v. Henne
Date: June 20, 2013
Citation: 2012-CA-00301-SCT
Docket Number: 2012-CA-00301-SCT

Justia Opinion Summary: The parties in this case agreed to a compromise to settle an ongoing dispute regarding the ownership of a company while they were actively litigating the issue. The general terms of the compromise were jotted down on a…

O'Connor v. Mississippi
Date: June 20, 2013
Citation: 2012-KA-00294-SCT
Docket Number: 2012-KA-00294-SCT

Justia Opinion Summary: Defendant John O'Connor was indicted for two counts of gratification of lust. A jury found him guilty on one count but not the other. He was sentenced to fifteen years, ten served, five suspended and five years of…

Thompson v. Mississippi
Date: June 20, 2013
Citation: 2012-KA-00899-SCT
Docket Number: 2012-KA-00899-SCT

Justia Opinion Summary: Defendant Corey Thompson was convicted on two counts of robbery. The circuit court sentenced him to two concurrent terms of twenty years, with twelve served and eight suspended, and fines and costs. Defendant appealed…

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton
Date: June 20, 2013
Citation: 2012-UR-01108-SCT
On the Court's own motion, the two appeals, No. 2012-UR-01108-SCT and No. 2013-UR-00477-SCT are consolidated for all purposes. The briefing schedule for No. 2013-UR-00477-SCT contained in the Clerk's Notice dated May 31, 2013 is vacated and within thirty days of the entry of this order the parties shall simultaneously file the original and nine copies of their briefs and record excerpts.

Ted W. Stone a/k/a Ted Stone v. State of Mississippi
Date: June 13, 2013
Citation: 2010-KA-01722-SCT
Appellant's pro se Motion to Recuse filed on May 21, 2013 is dismissed as moot. Order entered.

Mississippi Department of Human Services and Frank Hartley, Jr. v. John D. Watts and Lenita S. Watts
Date: June 13, 2013
Citation: 2011-IA-01624-SCT
Motion for rehearing filed by the Mississippi Department of Human Services is denied. Opinion modified at paragraphs 14 and 15. Pierce, J., not participating.

Rico Veazy and Brandon Mosley a/k/a Brandon Duane Mosley v. State of Mississippi
Date: June 13, 2013
Citation: 2011-KA-00077-SCT
Motion for rehearing filed by Rico Veazy and Brandon Mosley is denied.

David W. Parvin v. State of Mississippi
Date: June 13, 2013
Citation: 2011-KA-01471-SCT
Motion for rehearing filed by the State of Mississippi is denied. Chandler, J., not participating.

Paul Tyler v. Automotive Finance Company, Inc.
Date: June 13, 2013
Citation: 2012-CA-00366-SCT
Motion for rehearing filed by Paul Tyler is denied.

Graham v. Mississippi
Date: June 13, 2013
Citation: 2012-KA-00836-SCT
Docket Number: 2012-KA-00836-SCT

Justia Opinion Summary: A jury convicted Natasha Graham for murder and conspiracy to commit murder for which she was sentenced to life in prison. On appeal, she challenged the sufficiency of the evidence at trial. Finding the evidence…

In Re: Mississippi Department of Human Services
Date: June 13, 2013
Citation: 2012-M-02027
The Mississippi Department of Human Services' Emergency Petition for Interlocutory Appeal is denied. John and Lenita Watts's Motion to Strike the Motion for Reconsideration and Emergency Petition for Interlocutory Appeal, Along with Attachments of MDHS, or in the Alternative to Strike Portions of MDHS's Motion and Petition, Along with Attachments, and for Sanctions is denied. The Wattses' Counter-Motion for Rehearing of the Constitutional Issue is dismissed as moot. Pierce, J., Not Participating. Order entered.

Galloway v. Mississippi
Date: June 6, 2013
Citation: 2010-DP-01927-SCT
Docket Number: 2010-DP-01927-SCT

Justia Opinion Summary: Leslie "Bo" Galloway was convicted and sentenced to death by lethal injection for the murder of Shakeylia Anderson. Galloway appealed to the Supreme Court, listing thirty evidentiary and procedural errors, and that he…

Benjamin v. Mississippi
Date: June 6, 2013
Citation: 2010-KA-01569-SCT
Docket Number: 2010-KA-01569-SCT

Justia Opinion Summary: Tevin James Benjamin was found guilty of capital murder and sentenced to life without the possibility of parole. Benjamin was convicted for his alleged role in a failed carjacking that ended when an accomplice fatally…

Mobility Medical, Inc. v. Mississippi Dept. of Revenue
Date: June 6, 2013
Citation: 2011-CA-01780-SCT
Docket Number: 2011-CA-01780-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether federal law preempted state law from taxing medical equipment sold to individuals covered by the Federal Employees Health Benefits Plan or its…

Hays (Alexander) v. Alexander
Date: June 6, 2013
Citation: 2011-CA-01890-SCT
Docket Number: 2011-CA-01890-SCT

Justia Opinion Summary: Mari Lynn Hays (Alexander) appealed the denial of a motion for contempt and modification of alimony and child-support in her capacity as conservator for Lon Frederick ("Rick") Alexander, II, her adult son. In it, she…

Kathy Allegrezza v. Greenville Manufacturing Company and The Travelers Insurance Company
Date: June 6, 2013
Citation: 2011-CT-00090-SCT
Petition for writ of certiorari filed by Kathy Allegrezza is granted. To Grant: Waller, C.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., and Lamar, J. Order entered.

Timmy Dale Whitaker a/k/a Timmy Whitaker a/k/a Timmy D. Whitaker v. State of Mississippi
Date: June 6, 2013
Citation: 2011-CT-00857-SCT
Petition for writ of certiorari filed by Timmy Dale Whitaker is denied. To Deny: All Justices. Order entered.

Eddie Brock a/k/a Eddie Brock, III v. State of Mississippi
Date: June 6, 2013
Citation: 2011-CT-01570-SCT
Petition for writ of certiorari filed by Eddie Brock is denied. To Deny: All Justices. Order entered.

Ground Control, LLC v. Capsco Industries, Inc.
Date: June 6, 2013
Citation: 2011-IA-00928-SCT
Docket Number: 2011-IA-00928-SCT

Justia Opinion Summary: Ground Control, LLC appealed the grant of summary judgment in favor of Capsco Industries, W.G. Yates & Sons Construction and Harrah's Entertainment, Inc. The parties contracted to build the "Margaritaville Spa and Hotel"…

Marcus O'Neal Flowers a/k/a Tupac a/k/a Marcus Flowers v. State of Mississippi
Date: June 6, 2013
Citation: 2011-KA-01031-SCT
Motion for rehearing filed by Appellant is denied. Coleman, J., not participating.

Parker v. Mississippi
Date: June 6, 2013
Citation: 2011-KA-01158-SCT
Docket Number: 2011-KA-01158-SCT

Justia Opinion Summary: Fifteen-year old Lester Lavon Parker, Jr. was convicted for the murder of his grandfather James Shelton. He appealed his sentence to serve the remainder of his "natural life." The issues on appeal to the Supreme Court…

Norma Slater-Moore v. Christian T. Goeldner, Paige Ann McDowell and The Goeldner Law Firm Professional Corporation, f/k/a Goeldner & Gill, Attorneys At Law, Professional Corporation, f/k/a Goeldner, McDowell, Abbott & Gill, Attorneys At Law, Professional Corporation, f/k/a Goeldner, Porter & McDowell, Attorneys at Law, Professional Corporation, f/k/a Goeldner and Walsh, Attorneys at Law, Professional Association
Date: June 6, 2013
Citation: 2012-CA-00145-SCT
Motion for rehearing filed by Norma Slater-Moore is denied. Dickinson, P.J., not participating.

Delphi Oil, Inc. v. Forrest County Board of Supervisors
Date: June 6, 2013
Citation: 2012-CA-00563-SCT
Docket Number: 2012-CA-00563-SCT

Justia Opinion Summary: The Forrest County Board of Supervisors passed an ordinance requiring oil and gas facilities located within the county be fenced in. Delphi Oil, Inc. appealed a circuit court order that upheld the Board's ordinance,…

Wood v. Safeway Insurance Co.
Date: June 6, 2013
Citation: 2012-IA-00019-SCT
Docket Number: 2012-IA-00019-SCT

Justia Opinion Summary: Defendants Pam Wood, David Wood, Justin Wood, Josh Wood and Jacob Wood filed an interlocutory appeal for the Supreme Court to determine whether the circuit court abused its discretion in denying their motion to transfer…

Howard R. Holaday, Jr., M.D. v. Kyle Moore and Marla Moore
Date: June 6, 2013
Citation: 2013-M-00384-SCT
Petition for Interlocutory Appeal - Statute of Limitations filed by Howard R. Holaday, Jr., M.D., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

H&R Block, Inc., HRB Tax Group, Inc., H&R Block Bank, HRB Technology, LLC, Santa Barbara Tax Product Group, LLC and Freda Lloyd v. Senior Brown
Date: June 6, 2013
Citation: 2013-TS-00732
On the Court's own motion, this Court's show-cause notice is withdrawn and this appeal shall proceed in this Court. To Join: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. Do Not Join: Chandler and King, JJ. Order entered.

In Re: Mississippi Rules of Appellate Procedure
Date: June 6, 2013
Citation: 89-R-99027-SCT

Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow
Date: May 30, 2013
Citation: 2009-CT-01319-SCT
Petition for writ of certiorari filed by Phillip Morrow is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Dickinson, P.J. Order entered.

Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow
Date: May 30, 2013
Citation: 2009-CT-01355-SCT
Petition for writ of certiorari filed by Phillip Morrow is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Dickinson, P.J. Order entered.

Honeycutt v. Coleman
Date: May 30, 2013
Citation: 2010-CT-01470-SCT
Docket Number: 2010-CT-01470-SCT

Justia Opinion Summary: Plaintiff Charles Honeycutt was injured in an automobile accident involving a Mississippi state trooper. He sued the state trooper and two automobile-insurance providers, Atlanta Casualty Company and American Premier…

Boyd v. Mississippi
Date: May 30, 2013
Citation: 2010-CT-01816-SCT
Docket Number: 2010-CT-01816-SCT

Justia Opinion Summary: Dwayne Boyd was convicted of the sale of marijuana, greater than thirty grams but less than one kilogram, within 1,500 feet of a school or within 1,000 feet of the real property of a school. He was sentenced, as a…

Eboni Bena White a/k/a Eboni White a/k/a Eboni B. White v. State of Mississippi
Date: May 30, 2013
Citation: 2011-CT-00048-SCT
Petition for writ of certiorari filed by Eboni Bena White a/k/a Eboni White a/k/a Eboni B. White is granted. To Grant: All Justices. Order entered.

James Allen Higginbotham a/k/a James A. Higginbotham a/k/a James Higginbotham v. State of Mississippi
Date: May 30, 2013
Citation: 2011-CT-00972-SCT
Petition for writ of certiorari filed pro se by James Allen Higginbotham is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Griffin v. Mississippi Board of Bar Admissions
Date: May 30, 2013
Citation: 2012-CP-00971-SCT
Docket Number: 2012-CP-00971-SCT

Justia Opinion Summary: Frederick Griffin has sought to pass the Mississippi Bar Exam since 1992. Griffin appealed the failing result of his February 2011 bar exam, raising some issues surrounding his July 2010 exam. Griffin sat for, and…

Freeman v. Mississippi
Date: May 30, 2013
Citation: 2012-KM-00192-SCT
Docket Number: 2012-KM-00192-SCT

Justia Opinion Summary: In a conviction for driving under the influence first offense, speeding, and littering, the State lost key evidence prior to the defendant's de novo trial in county court, while it was under a court order to preserve the…

Robert G. Germany and Pittman, Germany, Roberts & Welsh, LLC v. Ashley DeJanae Stower, Individually and as Wrongful Death Beneficiary of Rodney Sandrell Stowers; Delie A. Shepard, Individually and as Administratrix of the Estate of Rodney Sandrell Stowers, and on Behalf of the Wrongful Death Beneficiaries of Rodney Sandrell Stowers
Date: May 30, 2013
Citation: 2013-M-00155-SCT
Petitioners' request for oral argument is denied. Petitioners' request for interlocutory appeal is denied. To Grant: Dickinson and Randolph, P.JJ., and King, J. Order entered.

Cruz v. Jackson County Dept. of Human Services
Date: May 23, 2013
Citation: 2010-CA-01119-SCT
Docket Number: 2010-CA-01119-SCT

Justia Opinion Summary: After being separated from her newborn infant for more than a year, Cirila Baltazar Cruz received an award of full legal and physical custody of her child from the Youth Court. The youth court further ordered that its…

Bailey Brake Farms, Inc. v. Trout
Date: May 23, 2013
Citation: 2011-CA-00610-SCT
Docket Number: 2011-CA-00610-SCT

Justia Opinion Summary: Plaintiffs, two shareholders of a closely held corporation, attempted to tender their shares to the corporation pursuant to a buy-sell agreement. Dissatisfied with the corporation's offer to purchase, the two…

Holly Kathleen Jenkins McKnight v. Walter Calvin Jenkins
Date: May 23, 2013
Citation: 2011-CT-00206-SCT
Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Chandler and King, JJ., would grant.

James L. "Buzz" Miles v. Paul Moak of Ridgeland, Inc. and Willoughby S. "Chip" Burns
Date: May 23, 2013
Citation: 2011-CT-00407-SCT
Petition for writ of certiorari filed by James L. "Buzz" Miles is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.

Floyd K. Little, Estate of Roger D. Pierce and Kelly Sykes v. Mississippi Department of Transportation
Date: May 23, 2013
Citation: 2011-CT-00693-SCT
Petition for writ of certiorari filed by Floyd K. Little, Estate of Roger D. Pierce and Kelly Sykes is granted. To Grant: Dickinson and Randolph, P.JJ., Kitchens and Coleman, JJ. To Deny: Waller, C.J., Lamar, Chandler, Pierce and King, JJ. Order entered.

Childs v. Mississippi
Date: May 23, 2013
Citation: 2011-KA-01556-SCT
Docket Number: 2011-KA-01556-SCT

Justia Opinion Summary: In 2011, Verina Childs was convicted of murdering her husband, Douglas Childs following a four-day jury trial. She was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC).…

Pauley v. Mississippi
Date: May 23, 2013
Citation: 2011-KA-01627-SCT
Docket Number: 2011-KA-01627-SCT

Justia Opinion Summary: After a jury trial, Randy Pauley was convicted of malicious mischief and sentenced to five years in the custody of the Mississippi Department of Corrections (MDOC) and to pay a fine, restitution, and court costs. He…

Frisby v. City of Gulfport
Date: May 23, 2013
Citation: 2012-AN-00253-SCT
Docket Number: 2012-AN-00254-SCT

Justia Opinion Summary: The underlying annexation suit was voluntarily dismissed in 2008 with certain terms and conditions imposed on plaintiff James Frisby. Plaintiff owns property in Harrison County. In 2007, he filed a Petition for…

McLymont v. Mississippi
Date: May 23, 2013
Citation: 2012-KA-00408-SCT
Docket Number: 2012-KA-00408-SCT

Justia Opinion Summary: David McLymont was convicted of capital murder and conspiracy to commit robbery. He filed a motion for judgment notwithstanding the verdict, or in the alternative, for a new trial, which the trial court denied. McLymont…

Marcus Wallace v. Election Commission of The Town of Edwards, Mississippi
Date: May 23, 2013
Citation: 2013-EC-00699-SCT

Felter v. Floorserv, Inc.
Date: May 16, 2013
Citation: 2010-CT-01793-SCT
Docket Number: 2010-CT-01793-SCT

Justia Opinion Summary: After an administrative judge (AJ) ruled on a claimant's petition to controvert a workers' compensation claim, the claimant had twenty days to file a notice of appeal with the full Mississippi Workers' Compensation…

Batiste v. Mississippi
Date: May 16, 2013
Citation: 2010-DP-00510-SCT
Docket Number: 2010-DP-00510-SCT

Justia Opinion Summary: Bobby Batiste was convicted of capital murder with the underlying felony of robbery for the slaying of his roommate, Andreas Galanis. After a sentencing hearing, the jury determined that Batiste should be sentenced to…

Clark v. Knesal
Date: May 16, 2013
Citation: 2011-CA-01197-SCT
Docket Number: 2011-CA-01197-SCT

Justia Opinion Summary: The case before the Supreme Court was a fifteen-year old contract dispute regarding the construction of Kevin Clark's house. During the litigation, the contractor and counter-plaintiff William Knesal, died. His defense…

St. Dominic - Jackson Memorial Hospital and Cox Law Group, PLLC v. Madison Ambulatory Surgery Center, LLC, Progressive Family Services Corporation, L.C. Tennin, Jr., M.D. and Madison HMA, LLC
Date: May 16, 2013
Citation: 2011-CA-01526-SCT
Motion to Dismiss Appeal filed by Appellants is granted. This appeal is dismissed with prejudice. All costs associated with this appeal have been paid. Kitchens, J., for the Court. Order entered.

Bolton v. Mississippi
Date: May 16, 2013
Citation: 2011-CT-00161-SCT
Docket Number: 2011-CT-00161-SCT

Justia Opinion Summary: Dondrego Bolton was charged with burglary of a dwelling in 2010. He was found guilty and sentenced to twenty years in prison. Bolton's indictment originally charged him with breaking and entering a dwelling with the…

Wilkerson v. Goss
Date: May 16, 2013
Citation: 2011-IA-01686-SCT
Docket Number: 2011-IA-01686-SCT

Justia Opinion Summary: Ronnie and Pamela Goss filed suit against defendants Rickey Wilkerson and Phenix Transportation, Inc. alleging that "Rickey Wilkerson fraudulently induced the plaintiffs to settle their workers' compensation claims and…

Talib Ammer Hannah a/k/a Talib Hannah a/k/a Talib A. Hannah a/k/a Kane v. State of Mississippi
Date: May 16, 2013
Citation: 2011-KA-00515-SCT
Motion for rehearing filed by Appellee is denied.

In Re: Ray Charles Spivey
Date: May 16, 2013
Citation: 2012-M-01701

Carney v. Carney
Date: May 9, 2013
Citation: 2010-CT-00646-SCT
Docket Number: 2010-CT-00646-SCT

Justia Opinion Summary: Howard Carney III and Andrea Leigh Bell Carney obtained a divorce on the ground of irreconcilable differences. They asked the chancery court to determine child support, alimony, equitable distribution of assets, and…

Collins v. Collins
Date: May 9, 2013
Citation: 2010-CT-01909-SCT
Docket Number: 2010-CT-01909-SCT

Justia Opinion Summary: After filing for a no-fault divorce, Perry and Iretha Collins asked the chancery court to decide the questions of alimony, child support, attorney's fees, and the division of marital assets. Dissatisfied with the…

Larry Press Wells a/k/a Larry P. Wells v. State of Mississippi
Date: May 9, 2013
Citation: 2012-M-01781
On the Court's own motion, this matter is remanded to the Circuit Court of Harrison County, Mississippi, First Judicial District, for an evidentiary hearing and proceedings in accordance with this order. Randolph, P.J., Lamar and Pierce, JJ., disagree with the order. Order entered.

Willie Jerome Manning a/k/a Fly v. State of Mississippi
Date: May 9, 2013
Citation: 2013-DR-00491-SCT
Motion for Rehearing filed by Willie Jerome Manning is denied. Motion for Leave to File Brief of Amici Curiae filed by the Mississippi Innocence Project and the Innocence Project New Orleans is granted and the Brief has been considered. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi
Date: May 9, 2013
Citation: 95-DP-00066-SCT

Jerry M. Stennett, Jr. v. Luann Roberson Dawsey
Date: May 2, 2013
Citation: 2010-CT-01693-SCT
Motion to Dismiss Appeal as Moot filed by Jerry M. Stennett, Jr., is granted. Dickinson, P.J., for the Court. Order entered.

Patterson, Jr. v. T. L. Wallace Construction, Inc.
Date: May 2, 2013
Citation: 2010-CT-01812-SCT
Docket Number: 2010-CT-01812-SCT

Justia Opinion Summary: Carl Patterson Jr. sustained serious injuries in a single-vehicle motorcycle accident. He sued T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc. for damages. T. L. Wallace and Turtle Creek both filed…

Cates v. Swain
Date: May 2, 2013
Citation: 2010-CT-01939-SCT
Docket Number: 2010-CT-01939-SCT

Justia Opinion Summary: Elizabeth Swain and Mona Cates lived together from 2000 until 2006. After they severed their relationship, Swain filed an action seeking the repayment of funds she first had invested in a property in Washington State,…

Jones County School District and Jones County School Board v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Mississippi State Oil & Gas Board; Bean Resources, Inc.; Denbury Resources, Inc.; and Venture Oil & Gas, Inc. AND Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. Jones County School District; Jones County School Board; Bean Resources, Inc.; Denbury Resources, Inc.; Venture Oil & Gas, Inc.; and The Secretary of State of the State of Mississippi AND The Secretary of State of the State of Mississippi v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission AND Bean Resources, Inc.; Denbury Resources, Inc.; and Venture Oil & Gas, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission and Mississippi State Oil & Gas Board
Date: May 2, 2013
Citation: 2011-CA-00712-SCT
Motion for rehearing filed by Appellants is denied. Waller, C.J., not participating.

Liberty Mutual Insurance Company v. Shoemake
Date: May 2, 2013
Citation: 2011-CT-00179-SCT
Docket Number: 2011-CT-00179-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case concerned the proper procedure by which a workers' compensation insurer may enforce a subrogation claim arising under Mississippi Code Section 71-3-71. Richard Shoemake was…

Delta Regional Medical Center v. James Taylor and Eva Taylor
Date: May 2, 2013
Citation: 2011-CT-00413-SCT
Petition for writ of certiorari filed by Delta Regional Medical Center is denied. To Deny: All Justices. Order entered.

Charlie Blount a/k/a Charlie Blunt a/k/a Charlie Blout v. State of Mississippi
Date: May 2, 2013
Citation: 2011-CT-00906-SCT
Petition for writ of certiorari filed by Charlie Blount is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Grayer v. Mississippi
Date: May 2, 2013
Citation: 2012-KA-00321-SCT
Docket Number: 2012-KA-00321-SCT

Justia Opinion Summary: Melvin Grayer was convicted of burglary and sentenced as a habitual offender to seven years without the possibility of parole or probation. Grayer appealed, claiming that he received ineffective assistance of counsel…

Willie Jerome Manning a/k/a Fly v. State of Mississippi
Date: May 2, 2013
Citation: 2013-DR-00491-SCT

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi
Date: May 2, 2013
Citation: 95-DP-00066-SCT
Motion to Reset Execution Date filed by the State of Mississippi is granted. In accordance with Mississippi Code Annotated section 99-39-29, such execution date is set for Tuesday, May 7, 2013. This order shall serve as the warrant for execution of Willie Jerome Manning, whose execution by the State of Mississippi shall occur on said date and shall be inflicted at 6:00 p.m., or as soon as possible thereafter within the next twenty-four (24) hours, pursuant to Mississippi Code Annotated section 99-19-55(1). To Grant: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.

Hovas Construction, Inc., a Mississippi Corporation v. Board of Trustees of Western Line Consolidated School District
Date: April 25, 2013
Citation: 2010-CT-01755-SCT
Petition for writ of certiorari filed by Hovas Construction, Inc., a Mississippi Corporation, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Laney v. Vance
Date: April 25, 2013
Citation: 2011-CA-00933-SCT
Docket Number: 2011-CA-00933-SCT

Justia Opinion Summary: Martin Vance filed a medical-malpractice/wrongful-death action on behalf of Mamie Vance Hemphill, alleging that Dr. Charles H. Laney was negligent in his treatment of the decedent, Hemphill. Vance initially sued other…

Southern Healthcare Services, Inc., Medforce Management, LLC d/b/a Willow Creek Retirement Center and Daleson Enterprises, LLC d/b/a Jones County Rest Home v. Lloyd's of London a/k/a Underwriters at Lloyd's of London and Certain Underwriters at Lloyd's, London
Date: April 25, 2013
Citation: 2011-CA-01833-SCT
Motion for rehearing filed by Appellants is denied.

Donald Mitchell a/k/a Donald K. Mitchell v. State of Mississippi
Date: April 25, 2013
Citation: 2011-KA-00684-SCT
Motion for rehearing filed by the State of Mississippi is denied.

McNeese v. McNeese
Date: April 25, 2013
Citation: 2012-CP-00174-SCT
Docket Number: 2012-CP-00174-SCT

Justia Opinion Summary: Kenton and Katherine McNeese executed a consent agreement to an irreconcilable differences divorce, and the chancellor granted the divorce on that ground. Kenton filed a motion to reconsider, which was denied. Kenton…

Humphreys County Memorial Hospital v. Debra Griffin
Date: April 25, 2013
Citation: 2013-M-00343-SCT
Petition for Permission to File Interlocutory Appeal filed by Humphreys County Memorial Hospital is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ. To Grant: Dickinson, P.J., Pierce and Coleman, JJ. Order entered.

Mississippi Department of Human Services v. S.W.
Date: April 18, 2013
Citation: 2010-CT-01036-SCT
Petition for writ of certiorari filed by the Mississippi Department of Human Services was granted by order of this Court on December 6, 2012. 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. Not to Dismiss: Waller, C.J., Pierce and Coleman, JJ. Kitchens, J., for the Court. Order entered.

Handy v. Nejam
Date: April 18, 2013
Citation: 2010-CT-01513-SCT
Docket Number: 2010-CT-01513-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case concerned premises liability in the context of a wrongful death action. The Court of Appeals affirmed the trial court's holding that the deceased was an invitee at the time…

Keithley v. Mississippi
Date: April 18, 2013
Citation: 2010-KA-01581-SCT
Docket Number: 2010-KA-01581-SCT

Justia Opinion Summary: Travis Keithley was convicted for aggravated assault. On appeal, he argued that it was plain error to admit into evidence the "statements" of two anonymous people, that the verdict was not supported by the evidence, and…

Anthony Tyrone Thomas a/k/a Anthony J. Thomas a/k/a Anthony B. Thomas a/k/a Big Hab a/k/a Anthony Thomas v. State of Mississippi
Date: April 18, 2013
Citation: 2011-CT-00840-SCT
Petition for writ of certiorari filed by Anthony Tyrone Thomas is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J. Order entered.

Grayson v. Mississippi
Date: April 18, 2013
Citation: 2012-DR-00059-SCT
Docket Number: 2012-DR-00059-SCT

Justia Opinion Summary: Blayde Grayson was indicted for capital murder while in the commission of burglary with the intent to steal personal property. A jury found him guilty of capital murder and, in a separate sentencing proceeding, sentenced…

Williams v. Mississippi
Date: April 18, 2013
Citation: 2012-KA-00405-SCT
Docket Number: 2012-KA-00405-SCT

Justia Opinion Summary: Twonia Renee Williams was convicted for the murder of Katrina Sergeant. She was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (MADOC). On appeal, Williams contended that jury…

Ventura Donnell Moore, Sr. a/k/a Ventura Moore v. State of Mississippi
Date: April 18, 2013
Citation: 2012-M-01435
Motion for Post-Conviction Relief filed by Ventura Donnell Moore, Sr., is dismissed. Any future frivolous filings may subject Moore to sanctions pursuant to Rule 22(a) of the Mississippi Rules of Appellate Procedure. To Dismiss: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

In Re: Uniform Rules of Circuit and County Court Practice
Date: April 18, 2013
Citation: 89-R-99025-SCT

Dante Lamar Evans v. State of Mississippi
Date: April 11, 2013
Citation: 2009-CT-00854-SCT
Motion for rehearing filed by the State of Mississippi is denied. King, J., not participating.

Knight's Marine & Industrial Services Inc. v. Steve Lee, Liberty Mutual Insurance Company and Fox-Everett, Inc.
Date: April 11, 2013
Citation: 2010-CT-01752-SCT
Petition for writ of certiorari filed by Knight's Marine & Industrial Services, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

One 1970 Mercury Cougar, VIN #0F9111545940; One 1992 Ford Mustang, VIN #FACP44E4NF173360; One Ford Mustang; and $355.00 U.S. Currency v. Tunica County, Mississippi
Date: April 11, 2013
Citation: 2010-CT-02039-SCT
Petition for writ of certiorari filed by Willie Ray Hampton is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ. Not Participating: Lamar, J. Order entered.

Harvey Lee Garrett v. State of Mississippi
Date: April 11, 2013
Citation: 2011-CT-00476-SCT
Petition for writ of certiorari filed pro se by Harvey Lee Garrett is denied. To Deny: All Justices. Order entered.

John P. Alexander a/k/a John Peyton Alexander II a/k/a John Alexander v. Christopher Epps
Date: April 11, 2013
Citation: 2011-CT-00814-SCT
Petition for writ of certiorari filed pro se by John Peyton Alexander, II, is dismissed. M.R.A.P. 17(b). Order entered.

Fulks v. Mississippi
Date: April 11, 2013
Citation: 2011-KA-00908-SCT
Docket Number: 2011-KA-00908-SCT

Justia Opinion Summary: The Supreme Court reversed the conviction and sentence in the first trial in this case in 2009, and remanded the case to the trial court, finding that the defendant, Tomarcus Fulks, had been entitled to a continuance…

Parvin v. Mississippi
Date: April 11, 2013
Citation: 2011-KA-01471-SCT

Justia Opinion Summary: David Parvin appealed his murder conviction, characterizing his arguments as "a 'Weathersby' case with a 'Daubert' twist." Parvin maintained that his wife's death was caused by accident, and the State's principal…

Taylor v. Mississippi
Date: April 11, 2013
Citation: 2011-KA-01911-SCT
Docket Number: 2011-KA-01911-SCT

Justia Opinion Summary: Christopher Taylor was convicted of one count of burglary and one count of larceny. He appealed his conviction and sentence, raising three issues: (1) whether the trial court erred by allowing the State's impeachment…

Slater-Moore v. Goeldner
Date: April 11, 2013
Citation: 2012-CA-00145-SCT
Docket Number: 2012-CA-00145-SCT

Justia Opinion Summary: Norma Slater-Moore hired the Goeldner Law Firm and its attorneys to represent her in what ultimately was an unsuccessful lawsuit and its appeal. Slater-Moore and Goeldner entered into two separate contracts during the…

LaFontaine v. Holliday
Date: April 11, 2013
Citation: 2012-CA-00346-SCT
Docket Number: 2012-CA-00346-SCT

Justia Opinion Summary: Shirley LaFontaine appealed an order which the Supreme Court found to be a nonfinal judgment. Because her appeal was not properly before the Court, it dismissed her appeal and remanded the case to the Circuit Court.

Renfro v.Mississippi
Date: April 11, 2013
Citation: 2012-KA-00643-SCT

Justia Opinion Summary: Appellant David Javarious Jamison "Jamie" Renfro was convicted of armed robbery. The victim testified that Renfro entered her trailer home and robbed her at gunpoint. A second eyewitness corroborated most of the victim's…

In Re: State Drug Courts Advisory Committee
Date: April 11, 2013
Citation: 89-R-99039
On the Court's own motion, finding that certain appointments expired on December 31, 2012, 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 to forthwith forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered.</ul><br><hr>

Hemeter Properties, LLC, Peachtree Properties, LLC, Gardner Clark Family, LLC, TR Clark, LLC, Charles M. Hamilton, James Steven Gardner, Adrian Cody Clark, Franklin D. Hemeter, Jr., Stephanie A. Barefoot and James Scott Hemeter v. Reynolds Clark
Date: April 4, 2013
Citation: 2010-CT-02000-SCT
Joint Motion for Voluntary Dismissal is granted and on writ of certiorari is dismissed with prejudice. The parties shall bear their own costs associated with the appeal in this Court. Dickinson, P.J., for the Court. Order entered.

City of Vicksburg, Mississippi v. Mississippi Department of Employment Security
Date: April 4, 2013
Citation: 2010-CT-02024-SCT
Petition for writ of certiorari filed by counsel for Appellant was granted by order of this Court on November 29, 2012. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Lamar, J., for the Court. Order entered.

Commonwealth Brands, Inc. v. Morgan
Date: April 4, 2013
Citation: 2011-CA-01274-SCT
Docket Number: 2011-CA-01274-SCT

Justia Opinion Summary: Appellants raised a constitutional challenge to a fee legislated on cigarettes distributed through Mississippi for sale outside the state, claiming separate violations of the Commerce and Due-Process Clauses. In 2009,…

Frankie L. Reasor v. Rose M. Johnson Jordan
Date: April 4, 2013
Citation: 2011-CA-01401-SCT
Docket Number: 2011-CA-01401-SCT

Justia Opinion Summary: After a lengthy battle regarding child custody, visitation, and child support, a chancellor granted Frankie Reasor custody of his teenage daughter. But the chancellor found Reasor in arrears on child-support payments,…

SkyHawke Technologies, LLC v. Mississippi Department of Employment Security and Shawn Gillis
Date: April 4, 2013
Citation: 2011-CT-00595-SCT
Petition for writ of certiorari filed by counsel for Appellants was granted by order of this Court on February 5, 2013. 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. Randolph, P.J., for the Court. Order entered.

Tyler v. Automotive Finance Company, Inc.
Date: April 4, 2013
Citation: 2012-CA-00366-SCT
Docket Number: 2012-CA-00366-SCT

Justia Opinion Summary: The trial court granted summary judgment in favor of plaintiff Automotive Finance Company, after defendant Paul Tyler failed to respond in a timely manner to a request for admissions. Defendant's argument on appeal was…

Mississippi Dept. of Transportation v. Nosef
Date: April 4, 2013
Citation: 2012-IA-00280-SCT
Docket Number: 2012-IA-00280-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case concerned an interlocutory appeal of the Mississippi Department of Transportation (MDOT) which sought review of the denial of its motion for summary judgment in a…

Jeffery Kleckner v. State of Mississippi
Date: March 28, 2013
Citation: 2009-CT-01681-SCT
Petition for writ of certiorari filed by Jeffery Kleckner is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Chandler, J. Order entered.

Alston v. Pope
Date: March 28, 2013
Citation: 2010-CT-01760-SCT
Docket Number: 2010-CT-0176-SCT

Justia Opinion Summary: Plaintiffs Shirley and Robert Alston filed suit against Defendants Justin Pope and T.K. Stanley, Inc. seeking damages they claimed resulted from a motor-vehicle accident in Tuscaloosa, Alabama. The circuit court…

Williams v. Mississippi
Date: March 28, 2013
Citation: 2011-CT-00081-SCT
Docket Number: 2011-CT-00081-SCT

Justia Opinion Summary: Defendant Tyrell Williams was convicted of sexual battery and sentenced to twenty years in the custody of the Mississippi Department of Corrections (MDOC). On appeal, he argued that he did not knowingly waive his…

Edgar Earl Patton a/k/a Edgar Patton a/k/a M.E. Edgar Patten v. State of Mississippi
Date: March 28, 2013
Citation: 2011-KP-00106-SCT
Motion for rehearing filed pro se by Edgar Earl Patton is denied.

Virginia College, LLC v. Blackmon
Date: March 28, 2013
Citation: 2012-CA-00463-SCT
Docket Number: 2012-CA-00463-SCT

Justia Opinion Summary: The trial court denied defendant Virginia College's motion to compel arbitration. Because the plaintiffs failed to allege sufficient facts to support a claim that they were fraudulently induced to agree to the…

Burdette v. Mississippi
Date: March 28, 2013
Citation: 2012-KA-00447-SCT
Docket Number: 2012-KA-00447-SCT

Justia Opinion Summary: Derrick Burdette was indicted and tried for the murder of Herman Smith. The jury acquitted him of murder but found him guilty of the lesser offense of manslaughter. Burdette was sentenced to a twenty-year term in the…

In Re: Rules of Professional Conduct
Date: March 28, 2013
Citation: 89-R-99018-SCT
Petition to Amend Certain Rules of the Mississippi Rules of Appellate Procedure and the Mississippi Rules of Professional Conduct in Order to Define the Practice of Law in Mississippi and Exceptions Thereto and to Prohibit the Unauthorized Practice of Law in Mississippi filed by the Mississippi Bar, by and through its Board of Bar Commissioners, is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>

In Re: Mississippi Rules of Appellate Procedure
Date: March 28, 2013
Citation: 89-R-99027-SCT
Petition to Amend Certain Rules of the Mississippi Rules of Appellate Procedure and the Mississippi Rules of Professional Conduct in Order to Define the Practice of Law in Mississippi and Exceptions Thereto and to Prohibit the Unauthorized Practice of Law in Mississippi filed by the Mississippi Bar, by and through its Board of Bar Commissioners, is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>

In The Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Biloxi
Date: March 21, 2013
Citation: 2010-AN-01050-SCT
Docket Numbers: 2010-AN-01050-SCT, 2010-AN-01999-SCT

Justia Opinion Summary: In a case consolidating the competing annexation petitions of Biloxi and D’Iberville, the chancellor ultimately awarded each city a reduced area from that requested, determining that it was unreasonable for either city…

Bruce Bradley Sr. v. State of Mississippi
Date: March 21, 2013
Citation: 2010-CT-01480-SCT
Petition for writ of certiorari filed by Bruce Bradley, Sr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Dorothy Knight v. Public Employees' Retirement System of Mississippi
Date: March 21, 2013
Citation: 2010-CT-01586-SCT
Motion for rehearing filed by the Public Employees' Retirement System is denied. Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ., would grant.

Ronald Payne and Thomas Payne, Individually and on Behalf of The Wrongful Death Beneficiaries of Marie Payne, Deceased v. Cleveland Gowdy, Individually and as an Employee of Schneider National Carriers, Inc., and Schneider National Carriers, Inc.
Date: March 21, 2013
Citation: 2010-CT-01929-SCT
Petition for writ of certiorari filed by Ronald and Thomas Payne is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Charles Moore v. State of Mississippi
Date: March 21, 2013
Citation: 2010-CT-02074-SCT
Petition for writ of certiorari filed by Charles Moore, pro se, is denied. To Deny: All Justices. Order entered.

GGNSC Batesville, LLC v. Johnson
Date: March 21, 2013
Citation: 2011-CA-01337-SCT
Docket Number: 2011-CA-01337-SCT

Justia Opinion Summary: In a wrongful death action against a nursing home, the nursing home moved to compel arbitration, arguing that the nursing home resident was the third-party beneficiary to the admission and arbitration agreements signed…

Steve Antonio Anthony v. State of Mississippi
Date: March 14, 2013
Citation: 2010-CT-01004-SCT
Motion for rehearing filed by the State of Mississippi is denied. Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ., would grant.

Jerry D. Van Wagner v. State of Mississippi
Date: March 14, 2013
Citation: 2010-CT-01631-SCT
Petition for writ of certiorari filed by counsel for Jerry D. Van Wagner is granted. To Grant: Waller, C.J., Dickinson, P.J., Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Kitchens, JJ. Order entered.

Latidius Jones a/k/a La Titus Jones a/k/a Latitus Jones v. State of Mississippi
Date: March 14, 2013
Citation: 2010-CT-01845-SCT
Petition for writ of certiorari filed pro se by Latidius Jones is dismissed. M.R.A.P. 17(b). Order entered.

Julius Federick a/k/a J.J. v. State of Mississippi
Date: March 14, 2013
Citation: 2011-CT-00209-SCT
Petition for writ of certiorari filed by Julius Federick is denied. To Deny: All Justices. Order entered.

David Campbell v. State of Mississippi
Date: March 14, 2013
Citation: 2011-CT-00272-SCT
Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: All Justices. Order entered.

Charles Sylvester Bell a/k/a Charles S. Bell v. State of Mississippi
Date: March 14, 2013
Citation: 2011-CT-00645-SCT
Petition for writ of certiorari filed pro se by Charles Sylvester Bell is granted. To Grant: All Justices. Order entered.

Susan Sammie Smith v. Sysco Food Services and Fidelity & Guaranty Insurance Company
Date: March 14, 2013
Citation: 2011-CT-01161-SCT
Petition for writ of certiorari filed by Susan Sammie Smith is denied. To Deny: All Justices. Order entered.

Veazy v. Mississippi
Date: March 14, 2013
Citation: 2011-KA-00077-SCT
Docket Number: 2011-KA-00077-SCT

Justia Opinion Summary: Rico Veazy and Brandon Mosley were convicted of armed robbery and were sentenced to eight and ten years, respectively, in the custody of the Mississippi Department of Corrections after being tried together in circuit…

Mississippi Comm'n on Judicial Perf. v. Smith
Date: March 14, 2013
Citation: 2012-JP-01368-SCT
Docket Number: 2012-JP-01368-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance recommended that Mendenhall municipal court judge Bruce B. Smith be publicly reprimanded, suspended from office for thirty days without pay, and pay costs for: (1)…

Dominic Gebben v. State of Mississippi
Date: March 7, 2013
Citation: 2010-CT-01593-SCT
Petition for writ of certiorari filed by Dominic Gebben is denied. To Deny: All Justices. Order entered.

David E. Fleisher v. Southern Agcredit, FLCA f/k/a Land Bank South, FLCA
Date: March 7, 2013
Citation: 2010-CT-01594-SCT
Motion for Leave to Seek Relief From Judgment in the Trial Court Below filed by the Appellant is denied. Order entered.

Falkner v. Stubbs
Date: March 7, 2013
Citation: 2010-CT-01664-SCT
Docket Number: 2010-CT-01664-SCT

Justia Opinion Summary: John Stubbs was awarded damages for breach of contract after he sued Martin and Valerie Falkner to enforce a construction lien on their home. The Court of Appeals affirmed the circuit court's judgment, but reversed its…

Perry L. Collins v. Iretha F. Collins
Date: March 7, 2013
Citation: 2010-CT-01909-SCT
Petition for writ of certiorari filed by Perry L. Collins is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens, J. Not Participating: King, J. Order entered.

Karpinsky v. American National Insurance Company
Date: March 7, 2013
Citation: 2010-CT-02084-SCT
Docket Number: 2010-CT-02084-SCT

Justia Opinion Summary: In a slip-and-fall case, Laura Karpinsky alleged that she sustained injuries when she fell in a puddle in a shopping mall. The Circuit Court found that Karpinsky had failed to offer any evidence that her fall was caused…

Jones County School District v. Mississippi Department of Revenue
Date: March 7, 2013
Citation: 2011-CA-00712-SCT
Docket Number: 2011-CA-00712-SCT

Justia Opinion Summary: Three main issues were raised on appeal to the Supreme Court in this case: (1) whether a school district is liable for oil and gas severance taxes on its royalty interests derived from oil and gas production on…

Mississippi State & School Employees' Life and Health Plan v. KCC, Inc.
Date: March 7, 2013
Citation: 2011-CA-01716-SCT
Docket Number: 2011-CA-01716-SCT

Justia Opinion Summary: KCC, Inc., d/b/a Vital Care of Meridian (Vital Care) filed a complaint against the Mississippi State and School Employees' Life and Health Plan ("the Plan") and the Plan’s pharmacy benefits manager, Catalyst Rx, alleging…

Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort v. Fendley Joy Cushing
Date: March 7, 2013
Citation: 2011-CT-00961-SCT
Petition for writ of certiorari filed by Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Coleman, J. Order entered.

Moses McBride a/k/a Moses Leon McBride a/k/a Leon Mosses McBride a/k/a Moses Leon Moye McBride v. State of Mississippi
Date: March 7, 2013
Citation: 2011-CT-00983-SCT
Petition for writ of certiorari filed by Moses McBride, pro se, is denied. To Deny: All Justices. Order entered.

William Antonio Avery a/k/a William Avery v. State of Mississippi
Date: March 7, 2013
Citation: 2011-CT-01078-SCT
Petition for writ of certiorari filed pro se by William Antonio Avery is denied. To Deny: All Justices. Order entered.

Hannah v. Mississippi
Date: March 7, 2013
Citation: 2011-KA-00515-SCT
Docket Number: 2011-KA-00515-SCT

Justia Opinion Summary: Following a jury trial, Talib Hannah was convicted of possession of cocaine with intent. On appeal, he raised two issues: (1) whether the circuit court abused its discretion in denying Hannah's "Motion for the State to…

City of Jackson v. Gardner
Date: March 7, 2013
Citation: 2012-IA-00517-SCT
Docket Number: 2012-IA-00517-SCT

Justia Opinion Summary: Alexander Gardner sued the City of Jackson, alleging that he had suffered a broken leg when one of the City's police officers forced him to sit down while in handcuffs. The City filed for summary judgment, which was…

Webber v. Mississippi
Date: March 7, 2013
Citation: 2012-KA-00115-SCT
Docket Number: 2012-KA-00115-SCT

Justia Opinion Summary: Freddie Webber, Jr., was convicted of the sale or transfer of cocaine and was sentenced as a habitual offender to a term of thirty years in the custody of the Mississippi Department of Corrections (MDOC) without…

Willie Jerome Manning a/k/a Fly v. State of Mississippi
Date: February 28, 2013
Citation: 2000-DR-01078-SCT
On the Court's own motion, the Circuit Court of Oktibbeha County shall file a response within sixty days of entry of this order addressing why the pending motion for post-conviction relief has not been adjudicated. The Clerk of this Court shall forward copies of this order to the Clerk of the Circuit Court of Oktibbeha County, the Office of Capital Post-Conviction Counsel, the Mississippi State Attorney General and to all other attorneys of record. Agree: All Justices. Order entered.

Nancy Clark, Individually and as Administratrix of the Estate of Shenandoah H. Clark, Deceased and Christie Clark v. Toyota Motor Sales U.S.A., Inc., Toyota Motor Co. Ltd., Toyota Motor Corporation, Toyota Motor Distributors, Inc. and Roper Toyota, Inc.
Date: February 28, 2013
Citation: 2009-CT-00554-SCT

Christopher R. Smith a/k/a Chris Smith/Christopher Anderson a/k/a Christopher Smith v. State of Mississippi
Date: February 28, 2013
Citation: 2009-CT-00572-SCT
Petition for writ of certiorari filed by Christopher R. Smith is denied. To Deny: All Justices. Order entered.

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.
Date: February 28, 2013
Citation: 2010-CT-00177-SCT
Docket Number: 2010-CT-00177-SCT

Justia Opinion Summary: The issue before the Supreme Court in this breach of contract case was whether the appellate court erred in affirming the trial court's refusal to submit an issue of punitive damages to the jury. Finding that the…

Gerald Heath Hudson and Arthur Gerald Hudson v. WLOX, Inc.
Date: February 28, 2013
Citation: 2010-CT-00743-SCT
Petition for writ of certiorari filed by Gerald Hudson and Arthur Hudson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

William Antonio Avery a/k/a William A. Avery a/k/a William Ken Avery a/k/a William A. "Ken" Avery a/k/a Ken v. State of Mississippi
Date: February 28, 2013
Citation: 2010-CT-02058-SCT
Petition for writ of certiorari filed by William Antonio Avery is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Bailey Brake Farms, Inc. v. Trout
Date: February 28, 2013
Citation: 2011-CA-00610-SCT
Docket Number: 2011-CA-00610-SCT

Justia Opinion Summary: Plaintiffs were two shareholders of a closely held corporation. They attempted to tender their shares to the corporation pursuant to a buy-sell agreement. Unhappy with the corporation's purchase offer, the shareholders…

Honda Downs and Robert Downs v. Peter L. Ackerman
Date: February 28, 2013
Citation: 2011-CT-00089-SCT
Petition for writ of certiorari filed by Peter L. Ackerman is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

Wendell Duncan a/k/a Wendell Avery Duncan v. State of Mississippi
Date: February 28, 2013
Citation: 2011-CT-00354-SCT
Petition for writ of certiorari filed by Wendell Duncan, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Cynthia Dominick v. State of Mississippi
Date: February 28, 2013
Citation: 2011-CT-00720-SCT
Petition for writ of certiorari filed by Cynthia Dominick is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and Chandler, JJ. Order entered.

Jeffrey Parkman a/k/a Jeffrey D. Parkman v. State of Mississippi
Date: February 28, 2013
Citation: 2011-CT-00723-SCT
Petition for writ of certiorari filed by Jeffrey Parkman is denied. To Deny: All Justices. Order entered.

Ronald Gene Johnston a/k/a Ronald G. Garrett a/k/a Ronald G. Johnston v. State of Mississippi
Date: February 28, 2013
Citation: 2011-CT-00825-SCT
Petition for writ of certiorari filed pro se by Ronald Gene Johnston is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Nathan Sellers a/k/a Nathan P. Sellers v. State of Mississippi
Date: February 28, 2013
Citation: 2011-CT-01008-SCT
Petition for writ of certiorari filed by Nathan Sellers is denied. To Deny: All Justices. Order entered.

Eddie E. Douglas and Yazoo Valley Electric Power Association v. James A. Burley, Parent/Guardian and Next Friend of Joshua Hill, deceased, Jakura Hill, deceased, and Earnestine Hill, as Administrator of The Estate of and on Behalf of all Wrongful Death Beneficiaries of Francesca Hill, deceased
Date: February 28, 2013
Citation: 2011-IA-00534-SCT
Motion for rehearing filed by Appellees is denied. Kitchens, Chandler, Pierce and King, JJ., would grant.

Sherwood Brown v. State of Mississippi
Date: February 28, 2013
Citation: 2012-DR-00203-SCT
Motion for Clarification filed by Sherwood Brown is granted. A corrected en banc order removing any reference to an "accomplice" theory will be entered forthwith. Order entered.

Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.
Date: February 28, 2013
Citation: 2012-TS-01153
The pleading styled Notice of Appeal filed by Hobson L. Sanderson, Jr., is dismissed. To Dismiss: All Justices. Order entered.

Johnny R. Young, Jr. a/k/a Johnnie R. Young, Jr. v. State of Mississippi
Date: February 21, 2013
Citation: 2010-CT-00629-SCT
Motion for rehearing filed by Johnnie R. Young, Jr., is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Charlie Honeycutt v. Tommy Coleman, Atlanta Casualty Companies, Atlanta Casualty Company and American Premier Insurance Company
Date: February 21, 2013
Citation: 2010-CT-01470-SCT
Petition for writ of certiorari filed by Charlie Honeycutt is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Order entered.

Mary Barrow, Individually and for the Benefit of the Wrongful Death Heirs of Latisha Barrow and the Estate of Latisha Barrow, By and Through Mary Barrow, Administratrix v. Reul May, Jr., D.D.S.
Date: February 21, 2013
Citation: 2010-CT-01504-SCT
Petition for writ of certiorari filed by Mary Barrow is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Not Participating: Kitchens, J. Order entered.

Forrest Thomas, III v. State of Mississippi
Date: February 21, 2013
Citation: 2010-CT-01730-SCT
Petition for writ of certiorari filed by counsel for Forrest Thomas, III, is denied. Motion for leave to file writ of certiorari filed pro se by Thomas is granted. The pro se petition for writ of certiorari is denied. To Deny Both Petitions: All Justices. Order entered.

Rondell White, Sr. a/k/a Rondell White and Cherrelle Jones a/k/a Cherrele Jones v. State of Mississippi
Date: February 21, 2013
Citation: 2010-CT-01885-SCT
Petition for writ of certiorari filed by Rondell White, Sr., a/k/a Rondell White is denied. To Deny: All Justices. Order entered.

Willie Mack Pierce, Jr. v. State of Mississippi
Date: February 21, 2013
Citation: 2010-CT-01950-SCT
Petition for writ of certiorari filed by Willie Mack Pierce, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ. Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.

Jason Lee Keller v. State of Mississippi
Date: February 21, 2013
Citation: 2010-DP-00425-SCT

Denise Allcock, Administratrix on Behalf of the Wrongful Death Beneficiaries and the Estate of Robert E. Allcock, II v. Antoinette Bannister, M.D. and The Children's Clinic
Date: February 21, 2013
Citation: 2011-CA-00289-SCT
Motion for rehearing filed by Denise Allcock is denied. Kitchens, Chandler and King, JJ., would grant.

City of Jackson, Mississippi v. Sandifer, Jr.
Date: February 21, 2013
Citation: 2011-CA-01063-SCT
Docket Number: 2011-CA-01063-SCT

Justia Opinion Summary: In this Mississippi Tort Claims Act (MTCA) case, the issue before the Supreme Court was whether the circuit court erred in finding the City of Jackson (the City) liable for the death of Tawanda Sandifer. Tawanda Sandifer…

Southern Healthcare Services, Inc. v. Lloyd's of London
Date: February 21, 2013
Citation: 2011-CA-01833-SCT
Docket Number: 2011-CA-01833-SCT

Justia Opinion Summary: The insureds in this case filed suit against their insurers claiming they were unaware their insurance policy had a $250,000 per-claim deductible and alleging that the insurer breached its insurance contract by refusing…

In Re: Barbara Dunn, Hinds County Circuit Clerk
Date: February 21, 2013
Citation: 2011-CS-00255-SCT

Justia Opinion Summary: The Public Employees’ Retirement System (PERS) filed a motion to appeal a final order entered by the Circuit Court. PERS supported the motion with an affidavit of an employee of the Attorney General’s office assigned to…

Dondrego Bolton v. State of Mississippi
Date: February 21, 2013
Citation: 2011-CT-00161-SCT
On the Court's own motion, this Court's order filed on January 24, 2013, denying petitioner's petition for certiorari is vacated, and the petition for writ of certiorari is granted. To Vacate and Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Oliver Otis McCray a/k/a Otis McCray v. State of Mississippi
Date: February 21, 2013
Citation: 2011-CT-00220-SCT
Petition for writ of certiorari filed by Oliver Otis McCray a/k/a Otis McCray is denied. To Deny: All Justices. Order entered.

Jeffrey Dale Chapell v. State of Mississippi
Date: February 21, 2013
Citation: 2011-CT-00336-SCT
Petition for writ of certiorari filed by Jeffrey Dale Chapell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Tytus Williams a/k/a Tytus D. Williams v. State of Mississippi
Date: February 21, 2013
Citation: 2011-CT-00458-SCT
Petition for writ of certiorari filed by Tytus Williams a/k/a Tytus D. Williams is denied. To Deny: All Justices. Order entered.

Christopher R. Ingram a/k/a Christopher Ingram a/k/a Christopher Ray Ingram v. State of Mississippi
Date: February 21, 2013
Citation: 2011-CT-00548-SCT
Petition for writ of certiorari filed by Christopher Ray Ingram, pro se, is denied. To Deny: All Justices. Order entered.

Bobby Leonard Gray a/k/a Bobby L. Gray a/k/a Bobby Gray v. State of Mississippi
Date: February 21, 2013
Citation: 2011-CT-00755-SCT
Petition for writ of certiorari filed pro se by Bobby Leonard Gray is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

In the Matter of the Estate of Brian K. Cole, Deceased, Gregory Cole, Administrator: Ford Motor Company v. Wayne E. Ferrell, Jr. and James W. Nobles, Jr.
Date: February 21, 2013
Citation: 2011-IA-01103-SCT
Motion for rehearing filed by Appellees is denied. Dickinson and Randolph, P.JJ., Lamar and Kitchens, JJ., would grant.

Quincy Clayton a/k/a Quincy Lee Clayton v. State of Mississippi
Date: February 21, 2013
Citation: 2011-KA-00623-SCT
Motion for rehearing filed by the State of Mississippi is denied.

Nutt v. Wyatt
Date: February 21, 2013
Citation: 2012-CA-00152-SCT
Docket Numbers: 2012-CA-00152-SCT, 2010-CA-00122-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case was the circuit court's denial of a motion to compel arbitration. Nutt & McAlister, PLLC; David Nutt & Associates, PC; David H. Nutt; and Mary Krichbaum McAlister (“Nutt,…

Calvin Lee Robinson v. State of Mississippi
Date: February 14, 2013
Citation: 2007-CT-01795-SCT
Petition for writ of certiorari filed by Calvin Lee Robinson is dismissed as untimely filed. Order entered.

University of Mississippi Medical Center v. Foster
Date: February 14, 2013
Citation: 2010-CT-00791-SCT
Docket Number: 2010-CT-00791-SCT

Justia Opinion Summary: Tamika Foster died after giving birth at the University of Mississippi Medical Center (UMMC). Her estate filed suit against the Center. After a verdict for the plaintiffs, UMMC appealed, claiming that the plaintiffs…

John Barry Bowen v. Patricia Lynn (Curico) Bowen
Date: February 14, 2013
Citation: 2010-CT-01741-SCT
Petition for writ of certiorari filed by John Barry Bowen is denied. To Deny: All Justices. Order entered.

Terry Pitchford v. State of Mississippi
Date: February 14, 2013
Citation: 2010-DR-01032-SCT
Pitchford's motion for leave to proceed in the trial court with his claim that he was entitled to a hearing on his competency to stand trial is granted. The remaining claims in the motion and the supplement to the motion filed by Terry Pitchford are denied. This matter is remanded to the Circuit Court of Grenada County, Mississippi and that court shall hold a hearing on whether Terry Pitchford was competent to stand trial. Counsel for Pitchford shall proceed with this matter in the trial court within 30 days of the date of this order. To Grant in Part and Deny in Part: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, P.J., and Lamar, J. Not Participating: King and Coleman, JJ. Dickinson, P.J., for the Court. Order entered.

Illinois Central Gulf Railroad Company and the Estate of Arthur Irby v. Mary Travis, Individually and as Adminstratrix of the Estate of Michael Travis, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Michael Travis, Deceased
Date: February 14, 2013
Citation: 2011-CA-00091-SCT
Motion for rehearing filed by Mary Travis is denied. Kitchens, Chandler and King, JJ., would grant.

McKnight v. Jenkins
Date: February 14, 2013
Citation: 2011-CT-00206-SCT
Docket Number: 2011-CT-00206-SCT

Justia Opinion Summary: Holly McKnight and Walter Jenkins were married from 1972 until 2004. The parties have one daughter. After the parties divorced in 2004, they initially shared joint legal custody of their child, with Holly having physical…

McCalpin v. Mississippi
Date: February 14, 2013
Citation: 2011-CT-00269-SCT
Docket Number: 2011-CT-00269-SCT

Justia Opinion Summary: In 2000, Jay McCalpin pled guilty to one count of fondling and two counts of sexual battery involving a child under the age of fourteen and was sentenced to serve a term of fifteen years in the custody of the Mississippi…

Danny McGleachie v. State of Mississippi
Date: February 14, 2013
Citation: 2011-CT-00798-SCT
Petition for writ of certiorari filed pro se by Danny McGleachie is denied. To Deny: All Justices. Order entered.

Daniels v. Mississippi
Date: February 14, 2013
Citation: 2011-KA-00579-SCT
Docket Number: 2011-KA-00579-SCT

Justia Opinion Summary: In 2010, Edward Daniels was indicted for burglary of a dwelling. The indictment alleged that he broke and entered a dwelling with the intent to commit grand larceny. Later, the State amended the indictment to charge…

Mississippi Commission on Judicial Performance v. Carver
Date: February 14, 2013
Citation: 2012-JP-00683-SCT
Docket Number: 2012-JP-00683-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a formal complaint against Hancock County Justice Court Judge Tommy Carver. It alleged that Judge Carver had ex parte communication with Steven K. Roche about his…

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton
Date: February 14, 2013
Citation: 2012-UR-01108-SCT
MPC's petition in Docket Number 2011-UN-0135 and the appeal thereof, is dismissed, with prejudice. Neither the claims filed by Thomas Blanton, nor this cross appeal, shall be dismissed at this time. All parties are ordered to file supplemental briefs with this Court addressing the following issues as set out in the order. The parties respective supplemental briefs shall not exceed forty pages each, and shall be filed within twenty days of the issuance of this order. Agree: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: Waller, C.J., and King, J. Order entered.

Charles Albert Grayer v. State of Mississippi
Date: February 7, 2013
Citation: 2005-M-00787
Motion to leave to proceed to trial court filed by Francis E. White purportedly on behalf of Charles Albert Grayer is dismissed as procedurally barred. Any future frivolous filings may subject the party or parties responsible for the filing to sanctions, pursuant to Rule 22(a) of the Mississippi Rules of Appellate Procedure. Randolph, P.J., would deny. Order entered.

Erika L. Felter v. Floorserv, Inc., The Employers' Fire Insurance Company, and One Beacon Insurance
Date: February 7, 2013
Citation: 2010-CT-01793-SCT
Petition for writ of certiorari filed pro se by Erika L. Felter is granted. To Grant: All Justices. Order entered.

Coleman & Coleman Enterprises, Inc., d/b/a Coleman Funeral Home, Kenny G. Coleman and Kenny G. Coleman, Jr. v. Waller Funeral Home
Date: February 7, 2013
Citation: 2011-CA-00697-SCT
Motion for rehearing filed by Waller Funeral Home is denied. Waller, C.J., and Coleman, J., not participating.

SkyHawke Technologies, LLC v. Mississippi Department of Employment Security and Shawn Gillis
Date: February 7, 2013
Citation: 2011-CT-00595-SCT
Petition for writ of certiorari filed by SkyHawke Technologies, LLC, is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., and Pierce, J. To Deny: Lamar, Kitchens, Chandler, King and Coleman, JJ. Order entered.

Terry Lee Truelove v. State of Mississippi
Date: February 7, 2013
Citation: 2012-M-01020
Motion for leave to proceed in the trial court and an amended motion for leave to proceed in the trial court filed by Terry Lee Truelove are denied. To Deny: All Justices. Order entered.

Tellus Operating Group, LLC, Baxterville Oil Acquisitions, LLC, Mississippi Oil Acquisitions, LLC, NOMS, LLC, SNPI, LLC, BAX, LLC, Vickery Properties LLC, Baxterville Properties, LLC and Sutherland Energy Corp. v. Texas Petroleum Investment Co., et al.
Date: January 31, 2013
Citation: 2009-CA-01040-SCT
Motion for rehearing filed by the Appellants is denied. Waller, C.J., not participating.

Tellus Operating Group, LLC, Baxterville Oil Acquisitions, LLC, Mississippi Oil Acquisitions, LLC, NOMS, LLC, SNPI, LLC, BAX, LLC, Vickery Properties, LLC, Baxterville Properties, LLC and Sutherland Energy Corporation v. Total Petrochemicals USA, Inc. f/k/a Atofina Petrochemicals, Inc. f/k/a Fina Oil and Chemical Company
Date: January 31, 2013
Citation: 2009-CA-01041-SCT
Motion for rehearing filed by the Appellants is denied. Waller, C.J., not participating.

Texas Petroleum Investment Co., et al. v. Tellus Operating Group, LLC, et al.
Date: January 31, 2013
Citation: 2009-CA-01174-SCT
Motion for rehearing filed by the Appellants is denied. Waller, C.J., not participating.

Evans v. Mississippi
Date: January 31, 2013
Citation: 2009-CT-00854-SCT
Docket Number: 2009-CT-00854-SCT

Justia Opinion Summary: Dante Lamar Evans was convicted of the murder of his father and sentenced as an adult to a mandatory term of life imprisonment. Evans petitioned the Supreme Court for a writ of certiorari, raising six issues: (1) whether…

Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright
Date: January 31, 2013
Citation: 2009-CT-01412-SCT
The petition for writ of certiorari filed by Toulman D. Boatwright, Jr., was granted by order of this Court on November 29, 2012, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review. On the Court's own motion, the writ of certiorari is dismissed. King, J., not participating. Pierce, J., for the Court. Order entered.

Harrison County Commercial Lot, LLC v. H. Gordon Myrick, Inc.
Date: January 31, 2013
Citation: 2010-CA-01865-SCT
Docket Numbers: 2010-CA-01891-SCT, 2010-CA-01865-SCT

Justia Opinion Summary: H. Gordon Myrick, Inc. (Myrick) contracted with Harrison County Commercial Lot (HCCL) to build HCCL an executive office building. The parties' contract contained an arbitration provision, which excluded aesthetic-effect…

Richard E. Wilbourn, III v. Deanna A. Wilbourn, Elizabeth W. Williamson and Garnett W. Hutton
Date: January 31, 2013
Citation: 2010-CT-00014-SCT
Petition for writ of certiorari filed by Richard E. Wilbourn, III is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.

Hanson, Jr. v. Disotell
Date: January 31, 2013
Citation: 2010-CT-01169-SCT
Docket Number: 2010-CT-01169-SCT

Justia Opinion Summary: After the trial judge granted the defendants summary judgment, the Supreme Court reversed and remanded the case for trial. More than four years later, the trial judge, finding the plaintiff had failed to prosecute his…

Dwayne Boyd v. State of Mississippi
Date: January 31, 2013
Citation: 2010-CT-01816-SCT
Petition for writ of certiorari filed by Dwayne Boyd is granted. The parties shall file supplemental briefs on the post-conviction indictment issue, as provided for in Rule 17(h) of the Mississippi Rules of Appellate Procedure. The briefs shall address whether Boyd was provided a fair opportunity to present a defense when the State provided verbal notice on the morning of trial that it would seek to amend the indictment, and the Motion to Amend Indictment was not filed until after conviction. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. To Deny: Randolph, P.J., Chandler and Pierce, JJ. Order entered.

State of Mississippi v. Joe Van Parkman
Date: January 31, 2013
Citation: 2010-CT-02052-SCT
Petition for writ of certiorari filed by Joe Van Parkman is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Rebecca Anderson a/k/a Rebecca Latham v. State of Mississippi
Date: January 31, 2013
Citation: 2011-CT-00721-SCT
Petition for writ of certiorari filed by Rebecca Anderson is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Mitchell v. Mississippi
Date: January 31, 2013
Citation: 2011-KA-00684-SCT
Docket Number: 2011-KA-00684-SCT

Justia Opinion Summary: Donald Mitchell directly appealed his conviction for possession of cocaine with the intent to distribute and his habitual-offender sentence to the Supreme Court. Finding that the trial court erred by admitting evidence…

The Mississippi Bar v. James B. Galloway
Date: January 31, 2013
Citation: 2012-BD-01422-SCT

Lauderdale County School Bd. v. Brown
Date: January 31, 2013
Citation: 2012-CA-00688-SCT
Docket Number: 2012-CA-00688-SCT

Justia Opinion Summary: An incident occurred at West Lauderdale High School which led to the suspension and eventual expulsion of four male students. The principal notified the four students' parents and/or guardians of the immediate…

Norma Springfield v. Members 1st Community Federal Credit Union
Date: January 24, 2013
Citation: 2010-CT-00359-SCT
Petition for writ of certiorari filed by Members 1st Community Federal Credit Union is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Chandler, J. Order entered.

Howard Wilson Carney, III v. Andrea Leigh Bell Carney
Date: January 24, 2013
Citation: 2010-CT-00646-SCT
Petition for writ of certiorari filed by Howard Wilson Carney, III is granted. To Grant: All Justices. Order entered.

Jerry M. Stennett, Jr. v. Luann Roberson Dawsey
Date: January 24, 2013
Citation: 2010-CT-01693-SCT
On the Court's own motion, we hold this appeal in abeyance and remand to the trial court for a hearing on Stennett's motion for reconsideration. The trial court shall hold a hearing and enter an order adjudicating Stennett's motion within sixty (60) days from the date of this Order. The parties have thirty (30) days thereafter to supplement the record with the hearing transcript, exhibits and simultaneous supplemental briefs, which shall not exceed 25 pages each. Kitchens, J. disagrees. Order entered.

McFarland, Jr. v. McFarland
Date: January 24, 2013
Citation: 2011-CA-00713-SCT
Docket Number: 2011-CA-00713-SCT

Justia Opinion Summary: Husband appealed the trial court's award of lump-sum alimony, temporary alimony, and interest to the wife. Upon review of the trial court record, the Supreme Court concluded that the chancellor examined all relevant…

In the Interest of B.S., a Minor
Date: January 24, 2013
Citation: 2011-CA-00759-SCT
Docket Number: 2011-CA-00759-SCT

Justia Opinion Summary: The issue before the Supreme Court in this case involved a dispute over custody of B.S. Diana Crosby, the child's maternal grandmother, claimed the Youth Curt erred in awarding custody of B.S. to the child's father,…

Dondrego Bolton v. State of Mississippi
Date: January 24, 2013
Citation: 2011-CT-00161-SCT
Petition for writ of certiorari filed by counsel for Dondrego Bolton is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and Pierce, JJ. To Grant: Kitchens and King, JJ. Not Participating: Coleman, J. Order entered.

Jimmie Roach a/k/a Jimmie C. Roach a/k/a Jimmy Roach v. State of Mississippi
Date: January 24, 2013
Citation: 2011-CT-00162-SCT
Petition for writ of certiorari filed by Jimmie Roach is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Pierce and King, JJ. Order entered.