12/10/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson , Cory T., J.
X  2018-KA-00183-COA

Deunta D. Gardner a/k/a Deunta Dward Gardner a/k/a Deunta Gardner v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR-2017-5-SMT2; Ruling Date: 01/11/2018; Ruling Judge: Smith Murphey; Majority Opinion: C. Wilson, J. Disposition: Affirmed. Tallahatchie County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, McDonald, Lawrence and McCarty, JJ., Concur.

Chaquita S. Dobbs v. City of Columbus, Mississippi and Dalton T. Conwill, in his official capacity as a City of Columbus Police Officer; Lowndes Circuit Court; LC Case #: 2018-0051-CV1C; Ruling Date: 11/01/2018; Ruling Judge: Lee Coleman; Majority Opinion: C. Wilson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, Lawrence and McCarty, JJ., Concur. McDonald, J., Concurs in Result Only Without Separate Written Opinion.

Amanda Webb Prestwood v. Gentry Heath Prestwood; Rankin Chancery Court; LC Case #: 61CH1:17-cv-00866; Ruling Date: 05/24/2018; Ruling Judge: John McLaurin, Jr.; Majority Opinion: McDonald, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, Lawrence, McCarty and C. Wilson, JJ., Concur.

Barbara Ann Coombs and her Daughter, A.D., a Minor by and through her Mother and Next Friend, Barbara Ann Coombs v. Jason Pilger Hyundai of Gautier, Mississippi and Randy Workman; Jackson Circuit Court; LC Case #: 2018-00,049 (1); Ruling Date: 10/23/2018; Ruling Judge: Robert Krebs; Majority Opinion: McDonald, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, Lawrence, McCarty and C. Wilson, JJ., Concur.

Jerry Dale Miller v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR14-092; Ruling Date: 03/07/2018; Ruling Judge: Thomas Gardner, III; Majority Opinion: Tindell, J. Disposition: Affirmed. Alcorn County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Lawrence, McCarty and C. Wilson, JJ., Concur. McDonald, J., Concurs in Result Only Without Separate Written Opinion.

Johnny Turner v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0506-CVH; Ruling Date: 02/05/2018; Ruling Judge: Lee Howard; Majority Opinion: Westbrooks, J. Disposition: Affirmed. Oktibbeha County taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Tindell, McDonald, Lawrence and McCarty, JJ., Concur. J. Wilson, P.J., and C. Wilson, J., Concur in Part and in the Result Without Separate Written Opinion.

Alaina Hill Rogers v. Casey and Co. LLC; Chickasaw Circuit Court 1st District; LC Case #: 2017-079-G; Ruling Date: 05/14/2018; Ruling Judge: John Gregory; Majority Opinion: Carlton, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Barnes, C.J., J. Wilson, P.J., Greenlee, Westbrooks, Tindell, McDonald, Lawrence, McCarty and C. Wilson, JJ., Concur.

Nungesser Industries LLC v. City of Jackson, Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:09-cv-00645-WAG; Ruling Date: 05/18/2018; Ruling Judge: Joseph Sclafani; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, Lawrence and C. Wilson, JJ., Concur. McDonald and McCarty, JJ., Concur in Result Only Without Separate Written Opinion.

Dudley Ross v. State of Mississippi; Rankin Circuit Court; LC Case #: 61CI1:18-cv-00151-c; Ruling Date: 08/10/2018; Ruling Judge: William Chapman, III; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Tindell, Lawrence, McCarty and C. Wilson, JJ., Concur. McDonald, J., Concurs in Result Only Without Separate Written Opinion.

Ungarino & Maldonado LLC f/k/a Ungarino & Eckert LLC v. Eckert & Tarleton LLC; Harrison Chancery Court 1st District; LC Case #: 24CH1:18-cv-00554-JS; Ruling Date: 11/08/2018; Ruling Judge: Jennifer Schloegel; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlton and J. Wilson, P.JJ., Greenlee, Westbrooks, Lawrence and C. Wilson, JJ., Concur. Tindell and McDonald, JJ., Concur in Part and in the Result Without Separate Written Opinion. McCarty, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Westbrooks, Tindell and McDonald, JJ. Concurring in Part and Dissenting in Part Opinion: McCarty, J. Votes: Westbrooks, Tindell and McDonald, JJ., Join This Opinion.

Sidney Keith Austin Ferguson a/k/a Sidney Keith Austin a/k/a Sidney Keith Ferguson a/k/a Sydney Ferguson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2016-106CR; Ruling Date: 01/27/2017; Ruling Judge: Joseph Loper, Jr.; Disposition: Sidney Ferguson's motion for additional briefing is denied. The State's motions for additional time to respond to Ferguson's motion for additional brief are granted. The State's response is accepted as timely. Order entered.

The Saxon Group Inc. v. South Mississippi Electric Power Association; Forrest Circuit Court; LC Case #: CI14-0027; Ruling Date: 09/21/2017; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. C. Wilson, J., not participating.

Sheree Cleveland v. Advance Auto Parts and Indemnity Insurance Company of North America; LC Case #: 1500972-M- 8304 & 1509439; Ruling Date: 11/06/2018; Majority Opinion: McDonald, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Greenlee, Westbrooks, Lawrence and McCarty, JJ., Concur. Tindell, J., Concurs in Result Only Without Separate Written Opinion. Barnes, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Carlton and J. Wilson, P.JJ., and C. Wilson, J. Concurring in Part and Dissenting in Part Opinion: Barnes, C.J. Votes: Carlton and J. Wilson, P.JJ., and C. Wilson, J., Join This Opinion.

Shaun Seals v. Pearl River Resort and Casino and Pearl River Resort; LC Case #: 1306408-M-4079; Ruling Date: 12/06/2018; Majority Opinion: McCarty, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellees taxed with costs of appeal. Votes: Greenlee, Tindell, McDonald and Lawrence, JJ., Concur. Westbrooks, J., Concurs in Part and in the Result Without Separate Written Opinion. J. Wilson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Barnes, C.J., Carlton, P.J., and C. Wilson, J. Concurring in Part and Dissenting in Part Opinion: J. Wilson, P.J. Votes: Barnes, C.J., Carlton, P.J., and C. Wilson, J., Join This Opinion.

Robert Decatur a/k/a Robert James Decatur v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cr-00735; Ruling Date: 08/15/2019; Ruling Judge: Tomie Green; Disposition: The motion of the Office of State Public Defender, Indigent Appeals Division, to vacate the Hinds County Circuit Court's order is denied. Robert Decatur's pro se motion for appointment of counsel is granted. The Office of State Public Defender, Indigent Appeals Division, shall be appointed as counsel as ordered by the circuit court. Decatur's direct criminal appeal of his second-degree murder conviction in Hinds County Circuit Court cause number 15-0-735 shall be allowed to proceed. Order entered.