01/16/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2012-CA-00880-SCT

Bre'Annah Banks, a Minor, by and through her Natural Mother, Legal Guardian and next Friend, Etta Banks; Ladarius Harp, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Barbara Thomas; Kimberly Norris, a Minor by and through her Natural Mother, Legal Guardian and next Friend, Mary Norris; Zerlanzeia Lambouths, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Annie King; and Lakedrick Reed, a Minor by and through his Natural Mother, Legal Guardian and next Friend, Juanita Reed v. Sherwin-Williams Company; Bolivar Circuit Court 1st District; LC Case #: 2001-25; Ruling Date: 04/17/2012; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Edward J. Johnson, Jr. d/b/a F & E Farm v. Parker Tractor & Implement Company, Inc. and Sentry Select Insurance Company; Coahoma Circuit Court; LC Case #: 14-CI-95-0074; Ruling Date: 09/13/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Edward Cox v. State of Mississippi; Clay Circuit Court; LC Case #: 9536; Ruling Date: 07/18/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Chandler, J., not participating.

Daniel Luther Beasley a/k/a Daniel Beasley a/k/a Daniel L. Beasley v. State of Mississippi; Amite Circuit Court; LC Case #: 11-KR-055; Ruling Date: 09/19/2012; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Waller, C.J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Amite County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0286; Ruling Date: 10/23/2006; Ruling Judge: Talmadge Littlejohn; Consolidated with 2009-CT-01355-SCT Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0285; Ruling Date: 02/15/2007; Ruling Judge: Talmadge Littlejohn; Disposition: Motion for rehearing filed by Appellees is denied.

Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0285; Ruling Date: 02/15/2007; Ruling Judge: Talmadge Littlejohn; Consolidated with 2009-CT-01319-SCT Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0286; Ruling Date: 10/23/2006; Ruling Judge: Talmadge Littlejohn; Disposition: Motion for rehearing filed by Appellees is denied.

Steven Eric Dison v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2008-0329-CR; Ruling Date: 11/04/2009; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed pro se by Steven Eric Dison is dismissed. M.R.A.P. 17(b). Order entered.

Chris Harrell a/k/a Christopher Harrell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-715; Ruling Date: 08/05/2010; Ruling Judge: W. Yerger; Majority Opinion: Coleman, J. Disposition: Affirmed in Part, Reversed in Part; and Remanded. Count I: Conviction of capital murder, while in the commission of a robbery, Reversed and Remanded. Count II: Conviction of possession of a firearm by a felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Kitchens and King, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Chandler, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Pierce, J. Dissenting Opinion: Chandler, J. Votes: Waller, C.J., and Pierce, J., Join This Opinion.

Rosemary Finch v. Stewart Finch; Lamar Chancery Court; LC Case #: 2008-0138-GN-DJG; Ruling Date: 02/16/2011; Ruling Judge: Deborah Gambrell; Majority Opinion: Pierce, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Lamar, Kitchens and Chandler, JJ., Concur. Randolph, P.J., Concurs in Part and in Result Without Separate Written Opinion. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller, C.J., King and Coleman, JJ.; Chandler, J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Waller, C.J., King and Coleman, JJ., Join This Opinion. Chandler, J., Joins This Opinion in Part.

Floyd K. Little, Estate of Roger D. Pierce and Kelly Sykes v. Mississippi Department of Transportation; George Circuit Court; LC Case #: 2006-0030(3); Ruling Date: 10/13/2009; Ruling Judge: Dale Harkey; Disposition: Motion for rehearing filed by Appellee is denied. Pierce, J., not participating.

Charlie Blount a/k/a Charlie Blunt a/k/a Charlie Blout v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-775; Ruling Date: 01/13/2012; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Charlie Blount, pro se, is dismissed. M.R.A.P. 17(b). Order entered.

FFE Transportation Services, Inc. and Liberty Mutual Insurance Company v. Tim Brown; Mississippi Workers' Compensation Commission; LC Case #: 1001258-K-4776-E; Ruling Date: 10/25/2011; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by FFE Transportation Services and Liberty Mutual Insurance Company is denied. To Deny: All Justices. Order entered.

Joel Misita v. Roy A. (Al) Conn and Mitzi P. Conn; Adams Chancery Court; LC Case #: 2011-317; Ruling Date: 10/25/2011; Ruling Judge: E. Davis; Disposition: Petition for writ of certiorari filed by Roy A. (Al) Conn and Mitzi P. Conn 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.

John Edward McDonald a/k/a John McDonald v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1-172; Ruling Date: 11/07/2011; Ruling Judge: L. Hilburn; Disposition: Petition for writ of certiorari filed by counsel for John Edward McDonald 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.

James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0602697-J-8217; Ruling Date: 12/16/2011; Ruling Judge: Liles Williams; Consolidated with 2012-CT-00580-SCT James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0802636-J-9828; Ruling Date: 03/12/2012; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by James Tucker is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Randolph, P.J., Kitchens and King, JJ. Order entered.

Narjess Ghane, Individually and on Behalf of the Wrongful Death Beneficiaries of Shapoor Alexander ("Alex") Ghane, Jr. v. Mid-South Institute of Self Defense Shooting, Inc., a Tennessee Corporation; JFS, LLC, a Mississippi Limited Liability Company; John Fred Shaw; Donald Ross Sanders, Jr. and Jim Cowan; DeSoto Circuit Court; LC Case #: CV-2009-002400; Ruling Date: 12/20/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Chandler, J. Disposition: Affirmed in Part; Reversed in Part; Remanded. Appellees taxed with costs of appeal. Votes: Randolph, P.J., Kitchens, Pierce and King, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result With Separate Written Opinion. Lamar, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Coleman, J. Concurring in Part and in Result Opinion: Dickinson, P.J. Dissenting Opinion: Lamar, J. Votes: Waller, C.J., and Coleman, J., Join This Opinion.

Scott D. Smith a/k/a Scott Dreux Smith a/k/a Scott Smith v. State of Mississippi; Wayne Circuit Court; LC Case #: 11-36-K; Ruling Date: 01/20/2012; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by counsel for Scott D. Smith 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.

Meika DeSean Britton a/k/a M. DeSean Britton a/k/a Meika D. Britton a/k/a Meike Britton a/k/a Meika Britton v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-395GCD; Ruling Date: 02/29/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for writ of certiorari filed by Meika DeSean Britton, pro se, is denied. To Deny: All Justices. Order entered.

Deon S. Ballard v. State of Mississippi; Rankin Circuit Court; LC Case #: 2009-131-C; Ruling Date: 02/08/2012; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed pro se by Deon S. Ballard is dismissed as untimely filed. To Dismiss as Untimely Filed: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

Telecom Tower Group, LLC v. Honeysuckle Creek Holdings, Inc.; Hinds Chancery Court 2nd District; LC Case #: G-2008-8-T/I; Ruling Date: 02/28/2012; Ruling Judge: J. Thomas; Disposition: Petition for writ of certiorari filed by Telcom Tower Group, LLC 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.

Robert Hobgood v. Mississippi Power Company, Inc.; Lauderdale Special Court of Eminent Domain; LC Case #: CA 11-996(c); Ruling Date: 02/29/2012; Ruling Judge: Franklin Coleman; Disposition: Petition for writ of certiorari filed by Robert Hobgood is denied. To Deny: All Justices. Order entered.

James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0802636-J-9828; Ruling Date: 03/12/2012; Ruling Judge: Liles Williams; Consolidated with 2012-CT-00093-SCT James Tucker v. Bellsouth Telecommunications, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 0602697-J-8217; Ruling Date: 12/16/2011; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by James Tucker is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Randolph, P.J., Kitchens and King, JJ. Order entered.

Mickey L. Johnson a/k/a Mickey Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CR-008-LE-G; Ruling Date: 05/09/2012; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed pro se by Appellant is denied.

Ottis J. Cummings, Jr. a/k/a Ottis Junior Cummings a/k/a Otis Cummings a/k/a Ottis J. Commings a/k/a Otis J. Cummings v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2012-028-CV-L; Ruling Date: 06/14/2012; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Ottis J. Cummings, Jr., pro se, is denied. To Deny: All Justices. Order entered.

Justin Springer a/k/a Justin Donte Springer a/k/a Justin D. Springer v. State of Mississippi; Lee Circuit Court; LC Case #: CR09-356A; Ruling Date: 05/06/2011; Ruling Judge: James Roberts, Jr.; Disposition: Springer's Application for Leave to Proceed in the Trial Court is granted in part and denied in part. It is granted to the extent that the Circuit Court of Lee County shall hold a hearing to determine whether Springer's trial counsel was ineffective for failing to protect and pursue his right to a speedy trial; and whether his appellate counsel was ineffective for failing to raise a claim on appeal that his trial counsel was ineffective for failing to protect and pursue his right to a speedy trial. Randolph, P.J., disagrees. Order entered.