01/21/2016 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2013-CT-00273-SCT

Charles Gallagher and Anita Gallagher v. City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: C-2301-10-0360; Ruling Date: 01/10/2013; Ruling Judge: Roger Clark; Disposition: The Petition for Writ of Certiorari filed by Charles Gallagher and Anita Gallagher is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.

Westford Asset Management, LLC, Adams International Trading, LTD and Jefferson Holdings International, Inc. v. Batson & Brown, Inc.; Jackson Circuit Court; LC Case #: 2008-00,065(3); Ruling Date: 01/29/2013; Ruling Judge: Dale Harkey; Disposition: The Petition for Writ of Certiorari filed by Batson and Brown, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King and Coleman, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J., Pierce and Maxwell, JJ. Order entered.

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; Oktibbeha Circuit Court; LC Case #: 2008-0149-CR; Ruling Date: 05/16/2013; Ruling Judge: James Kitchens, Jr.; Disposition: Batiste's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief is granted. See Opinion of this Court handed down this date. Maxwell, J., not participating.

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; Oktibbeha Circuit Court; LC Case #: 2008-0149-CR; Ruling Date: 05/16/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Kitchens, J. Disposition: Leave to Seek Post Conviction Relief, Granted. Oktibbeha County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., King and Coleman, JJ., Concur. Pierce, J., Dissents with Separate Written Opinion Joined by Randolph, P.J., and Lamar, J. Maxwell, J., not participating. Dissenting Opinion: Pierce, J. Votes: Randolph, P.J., and Lamar, J., Join This Opinion.

Tyrone Burrell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0064; Ruling Date: 05/09/2014; Ruling Judge: Charles Webster; Disposition: The Motion to Dismiss Petition for Writ of Certiorari filed by the Appellant on November 2, 2015, is granted. Order entered.

Tyrone Burrell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0064; Ruling Date: 05/09/2014; Ruling Judge: Charles Webster; Disposition: The Motion for Rehearing filed by Tyrone Burrell is denied.

Tyrone Burrell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0064; Ruling Date: 05/09/2014; Ruling Judge: Charles Webster; Disposition: The Motion for Rehearing filed by Tyrone Burrell is denied.

William L. Painter and John A. Chalk, Jr. v. Regions Insurance, Inc. d/b/a Regions Insurance of Mississippi; Madison Circuit Court; LC Case #: CI 2013-0235-JC; Ruling Date: 06/25/2014; Ruling Judge: William Chapman, III; Disposition: The Unopposed Motion to Withdraw Exhibit and Substitute Stipulation filed by Appellee is granted. The Motion for Attorneys' Fees filed by Appellee is granted. Regions Insurance, Inc., shall recover from William L. Painter and John A. Chalk, Jr., jointly and severally, the sum of $21,710.50 for attorneys' fees and costs incurred in this appeal. Order entered.

William L. Painter and John A. Chalk, Jr. v. Regions Insurance, Inc. d/b/a Regions Insurance of Mississippi; Madison Circuit Court; LC Case #: CI 2013-0235-JC; Ruling Date: 06/25/2014; Ruling Judge: William Chapman, III; Disposition: Appellant's Motion to Strike is granted. Order entered.

William L. Painter and John A. Chalk, Jr. v. Regions Insurance, Inc. d/b/a Regions Insurance of Mississippi; Madison Circuit Court; LC Case #: CI 2013-0235-JC; Ruling Date: 06/25/2014; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by the Appellants is denied. Maxwell, J., Not Participating.

Billy Ray Bradley v. Earl P.(Pat) Jordan, Jr.; Lauderdale Circuit Court; LC Case #: 14-CV-079(W); Ruling Date: 11/12/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by Waller, C.J., and King, J. Maxwell, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., and King, J., Join This Opinion.

Timothy Norman a/k/a Timothy Bryant Norman a/k/a Timothy B. Norman v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-517-JE; Ruling Date: 12/08/2014; Ruling Judge: John Emfinger; Disposition: Norman's Motion to Grant Relief Sought and Reverse Conviction for Lack of Prosecution is granted. The judgment of the Circuit Court of Madison County is reversed, the judgment of the County Court of Madison County is reversed, and the judgment of the Ridgeland Municipal Court is reversed and rendered. All costs of the appeal are assessed to the City of Ridgeland. All Justices Agree. Order entered.

Timothy Norman a/k/a Timothy Bryant Norman a/k/a Timothy B. Norman v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-517-JE; Ruling Date: 12/08/2014; Ruling Judge: John Emfinger; Disposition: Norman's Motion to Grant Relief Sought and Reverse Conviction for Lack of Prosecution is granted. The judgment of the Circuit Court of Madison County is reversed, the judgment of the County Court of Madison County is reversed, and the judgment of the Ridgeland Municipal Court is reversed and rendered. All costs of the appeal are assessed to the City of Ridgeland. All Justices Agree. Order entered.

In the Interest of: J.T., a Minor, D. T. and M. T. v. Hinds County Youth Court; Hinds Youth Court 1st District; LC Case #: 25-YC-2014-P-964-1(268350; Ruling Date: 12/30/2014; Ruling Judge: William Skinner, II; Disposition: This matter comes before the en banc Court on the Court's own motion. The Court has determined that supplemental briefing is necessary to resolve this case. The Court hereby orders Judge Skinner on his own behalf or through counsel, and invites all parties and the Mississippi Attorney General's Office, to brief whether the Mississippi Rules of Evidence apply in youth court sexual abuse adjudication hearings. All briefs shall be simultaneously filed within ten days of entry of this order. Order entered.