Supreme Court of MississippiHand Down List
January 15, 2015
01/15/2015 - Hand Down and published opinions in WordPerfect/ZIP format
Pierce, Randy Grant
2013-CA-01392-SCT
Ironwood Plantation Development, LLC, Wanchai Suebhongsang, Johnny B. Jordan and Community First Development, Inc. v. Citizens National Bank; Madison Chancery Court; LC Case #: 2009-492-G; Ruling Date: 08/14/2013; Ruling Judge: Janace Goree; Majority Opinion: Pierce, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.
Kitchens, James W.
X 2013-KA-00948-SCT
Richard W. Bowlin a/k/a Richard Bowlin v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0492-CR1; Ruling Date: 02/17/2010; Ruling Judge: Lee Howard; Majority Opinion: Kitchens, J. Disposition: Count I: Conviction of the sale of hydromorphone and sentence of Thirty (30) Years, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall not be reduced, nor suspended; nor shall the Appellant be eligible for parole or probation. The Appellant shall pay a fine of $1,000,000. Count II: Conviction of the sale of meperidine and sentence of Thirty (30) Years, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall not be reduced, nor suspended; nor shall the Appellant be eligible for parole or probation. The Appellant shall pay a fine of $1,000,000. Said Sentence shall run Concurrently with the Sentence Imposed in Count I. Count III: Conviction of the Sale of oxycodone and Sentence of Thirty (30) Years, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall not be reduced, nor suspended; nor shall the Appellant be eligible for parole or probation. The Appellant shall pay a fine of $1,000,000. Said Sentence shall run Concurrently with the Sentences Imposed in Counts I and II. Lowndes County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Waller, C.J., not participating.
EN BANC
89-R-99010-SCT
In Re: Rules of Discipline for the Mississippi Bar; Disposition: Petition to Amend Certain Rules of the Rules of Discipline for The Mississippi State Bar and to Adopt Rules to Separately Establish The Mississippi Lawyers and Judges Assistance Program is well-taken and should be granted. The Rules of Discipline for the Mississippi State Bar are amended as set forth in Exhibit A, and the Rules of The Mississippi Lawyers and Judges Assistance Program are adopted as set forth in Exhibit B. This amendment and adoption are effective immediately. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: All Justices. Order entered.
EN BANC
89-R-99010-SCT
In Re: Rules of Discipline for the Mississippi Bar; Disposition: Dwight Springfield's Motion to Amend Rule 15(a)(ii) of the Rules of Discipline for the State Bar filed on May 25, 2009, is dismissed with prejudice. It is further ordered that Dwight Springfield's Petition to Amend Rule 15(a)(ii) of the Rules of Discipline for the State Bar filed on April 27, 2010, is dismissed with prejudice. It is further ordered that Dwight Springfield's Motion to Amend Rule 15(a)(ii) of the Rules of Discipline for the State Bar filed on May 9, 2012, is dismissed with prejudice. To Dismiss: All Justices. Order entered.
EN BANC
2011-CA-01664-SCT
Eugene Barriffe and Ernie Barriffe v. Estate of Lawson V. Nelson, James Dwight Nelson and David R. Nelson; Jackson Chancery Court; LC Case #: 2009-1341-NH; Ruling Date: 10/12/2011; Ruling Judge: D. Harris, Sr.; Disposition: Motion for Rehearing filed by Appellants is denied. Kitchens, Chandler, King and Coleman, JJ., would grant.
EN BANC
2012-CT-00763-SCT
Willie Crowell v. Anne Butts d/b/a Magnolia Wrecker & Towing Service and Fani Atkinson; Hinds Circuit Court 1st District; LC Case #: 251-11-642; Ruling Date: 04/12/2012; Ruling Judge: Winston Kidd; Disposition: Motion for Rehearing filed by Appellant is denied. Lamar, J., would grant.
EN BANC
2012-CT-00811-SCT
Milton Harper, Deceased, by and through his Dependents, Maggie Harper and Andrea Harper v. Banks, Finley, White & Co. of Mississippi, P.C.; Hinds Circuit Court 1st District; LC Case #: 251-10-333 and 251-10-334; Ruling Date: 09/27/2011; Ruling Judge: William Gowan, Jr.; Disposition: Petition for Writ of Certiorari filed by Appellee Banks, Finley, White & Co. of Mississippi, P.C., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Pierce, King and Coleman, JJ. To Deny: Lamar, Kitchens and Chandler, JJ. Order entered.
EN BANC
2012-CT-01198-SCT
Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, Hooters of America, Inc. and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 05/11/2012; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2013-CT-00262-SCT Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 11/06/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for Writ of Certiorari filed by Anna Cladakis is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King, and Coleman, JJ. To Grant: Waller, C.J., and Chandler, J. Order entered.
EN BANC
2012-CT-01198-SCT
Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, Hooters of America, Inc. and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 05/11/2012; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2013-CT-00262-SCT Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 11/06/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for Writ of Certiorari filed by Sherrie Allison Miller 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.
EN BANC
2012-KA-01654-SCT
Danielle Hingle a/k/a Danielle Marie Hingle a/k/a Daniella Marie Hingle v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2012-517RCD; Ruling Date: 09/17/2012; Ruling Judge: Robert Chamberlin; Disposition: Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.
EN BANC
XX 2012-CA-01748-SCT
Bertram Hill, Individually, Jenanne Mooneyhan and Rachael Phillips, as Wrongful Death Beneficiaries of David Mooneyhan v. City of Horn Lake, Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0228; Ruling Date: 10/04/2012; Ruling Judge: Robert Chamberlin; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion, Joined by King, J. Lamar, J., not participating. Dissenting Opinion: Kitchens, J. Votes: King, J., Join This Opinion.
EN BANC
2012-CT-02004-SCT
Vance Drummer v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0103-CR1; Ruling Date: 11/29/2012; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for Writ of Certiorari filed by Vance Drummer is granted. To Grant: All Justices. Order entered.
EN BANC
2013-CT-00262-SCT
Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 11/06/2012; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2012-CT-01198-SCT Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, Hooters of America, Inc. and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 05/11/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for Writ of Certiorari filed by Anna Cladakis is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King, and Coleman, JJ. To Grant: Waller, C.J., and Chandler, J. Order entered.
EN BANC
2013-CT-00262-SCT
Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 11/06/2012; Ruling Judge: Gerald Chatham, Sr.; Consolidated with 2012-CT-01198-SCT Sherrie Allison Miller v. Provident Advertising and Marketing, Inc., Provident Management Corporation, Inc., Hooters, Incorporated, Hooters of America, Inc. and Anna Cladakis; DeSoto Circuit Court; LC Case #: CV2011-061GCD; Ruling Date: 05/11/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for Writ of Certiorari filed by Sherrie Allison Miller 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.
EN BANC
2013-CA-00369-SCT
Lacie Cyless Smith v. Express Check Advance of Mississippi, LLC; Clay Circuit Court; LC Case #: 2011-0017- H; Ruling Date: 01/30/2013; Ruling Judge: Lee Howard; Disposition: Motion for Rehearing filed by Appellant is denied. Waller, C.J., Kitchens and King, JJ., would grant.
EN BANC
2013-CA-00420-SCT
Interstate Realty Management Company, Sunflower Lane Apartments, TC, L.P. and State of Mississippi, ex rel. Attorney General Jim Hood v. Mary Carter, Individually and as Mother and Personal Representative of All Wrongful Death Beneficiaries of Malik Carter, Deceased, and Chanita Carter, a Minor, by and through her Mother and Next Friend, Claudette Carter; Coahoma Circuit Court; LC Case #: 14-CI-09-0019; Ruling Date: 07/24/2012; Ruling Judge: Charles Webster; Disposition: Appellant's motion to extend the stay of appeal which was previously granted by this Court is well-taken and should be granted. This matter shall be stayed until February 27, 2015, to allow parties additional time to finalize and consummate the compromise resolution of the pending claims. Not Participating: Dickinson, P.J. Order entered.
EN BANC
2013-KA-00435-SCT
Brandon Q. Gales a/k/a Brandon Gales v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0085-CR; Ruling Date: 02/26/2013; Ruling Judge: Richard Smith; Disposition: Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
EN BANC
2013-KA-01156-SCT
Daryl Shinn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0466-CR1-C; Ruling Date: 05/22/2013; Ruling Judge: Lee Coleman; Disposition: Daryl Shinn's Petition for Rehearing is granted. The original opinion is withdrawn. Briefing is reopened and shall proceed upon the foregoing schedule as set out in the order. Order entered.
EN BANC
2013-IA-01291-SCT
Entergy Mississippi, Inc. v. Mary Bethanne Acey; Tunica Circuit Court; LC Case #: 2010-0149; Ruling Date: 07/17/2013; Ruling Judge: Johnnie Walls, Jr.; Disposition: Motion for Rehearing filed by Appellee is denied. Dickinson, P.J., Lamar, Kitchens and King, JJ., would grant.
EN BANC
2014-M-01803-SCT
Richard Lamar Green v. Cathleen Marie Green; Rankin Chancery Court; LC Case #: 14-2115; Ruling Judge: Dan Fairly; Disposition: Petition for Interlocutory Appeal and the Motion for Stay filed by counsel for Richard Lamar Green are denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King, and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.