01/28/2016 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2014-CA-00440-SCT

Tabitha Prayer, for and on Behalf of the Estate and Wrongful Death Beneficiaries of Jones Toy, Deceased v. Greenwood Leflore Hospital; Leflore Circuit Court; LC Case #: 2010-0029 CICI; Ruling Date: 01/16/2014; Ruling Judge: W. Hines; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, Coleman and Maxwell, JJ., Concur.

Shunbrica Andrea Roby a/k/a Shunbrica Roby v. State of Mississippi; Clay Circuit Court; LC Case #: 13-9791-H; Ruling Date: 04/09/2014; Ruling Judge: Lee Howard; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Clay County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., and Maxwell, J., not participating.

Lester Darrell Moore a/k/a Lester Moore a/k/a Lester Jackson Moore v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-13-556; Ruling Date: 11/12/2014; Ruling Judge: Lisa Dodson; Majority Opinion: Randolph, P.J. Disposition: Conviction of Felony Shoplifting and Sentence of Five (5) Years, as a Habitual Offender, to be served day for day in the Custody of the Mississippi Department of Corrections, Affirmed. The Appellant is not eligible for parole or early release. Appellant shall be given credit for any and all time served as to this charge. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Maxwell, J., not participating.

Matthew Burnham v. Dana Burnham; Covington Chancery Court; LC Case #: 2011-172; Ruling Date: 06/26/2012; Ruling Judge: David Shoemake; Disposition: The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., and Maxwell, J., not participating.

Verenzo Cartrell Green a/k/a Verenzo Green v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0138-J; Ruling Date: 03/07/2013; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Coleman, J. Disposition: The Judgment of the Court of Appeals is Affirmed. Count I: Conviction of Possession of a Weapon by a convicted felon and Sentence of Ten (10) Years, as a Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Possession of a Weapon by a convicted felon and Sentence of Ten (10) Years, as a Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Possession of a Weapon by a convicted felon and Sentence of Ten (10) Years, as a Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Trafficking in Stolen Firearms and Sentence of Fifteen (15) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I-III shall run consecutively. Sentence in Count IV shall run concurrently with Sentences in Counts I-III. Said Sentences shall not be reduced or suspended; nor shall the Appellant be eligible for parole or probation. Appellant shall pay all court costs and fees. Adams County taxed with costs of appeal. Votes: Randolph, P.J., Lamar and Pierce, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Waller, C.J., and Maxwell, J., not participating. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Timothy B. Mixon v. Mississippi Department of Transportation and Robert I. Fulton; Noxubee Circuit Court; LC Case #: 2010-0005; Ruling Date: 06/05/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for the Mississippi Department of Transportation 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.

Home Base Litter Control, LLC v. Claiborne County, Mississippi; Claiborne Circuit Court; LC Case #: 2013-50; Ruling Date: 12/13/2013; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by Claiborne County is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.

Elbert Davis a/k/a Elbert Lee Davis a/k/a Elbert L. Davis v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0055; Ruling Date: 01/06/2014; Ruling Judge: W. Hines; Disposition: The Petition for Writ of Certiorari filed by Elbert Davis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.

Cardie Blackwell a/k/a Cardie B. Blackwell v. Howard Industries, Inc. ; Jones Circuit Court 2nd District; LC Case #: 2009-91-CV10; Ruling Date: 03/06/2014; Ruling Judge: Billy Landrum; Disposition: The Petition for Writ of Certiorari filed by Howard Industries, Inc., is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Deny: Dickinson, P.J., Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.

Kimberly C. Sellers a/k/a Kimberly Chenille Sellers v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0354-CRA; Ruling Date: 04/22/2013; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Kimberly C. Sellers 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.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-023(W); Ruling Date: 05/19/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by William Avery 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.

Tommy Vitela, Sr. a/k/a Tommy Vitela a/k/a Tomas Vitela v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-011(W); Ruling Date: 06/30/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Tommy Vitela, Sr., 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.

Ira Donell Bowser a/k/a Ira Bowser a/k/a Ira D. Bowser v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-323; Ruling Date: 07/16/2014; Ruling Judge: Roger Clark; Disposition: The Motion for Rehearing filed by Appellant is denied.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Before the Court, en banc, is the Motion for Clarification regarding State of Mississippi's Motion for In Persona Hearing to determine qualifications of counsel pursuant to Rule 22 of the Mississippi Rules of Appellate Procedure filed by Petitioner is denied. Also, before the Court is the Motion to Strike the Reply in Support of Petitioner's Motion for Clarification regarding the State of Mississippi's Motion for an In Persona Hearing to determine qualifications of counsel pursuant to Rule 22 of the Mississippi Rules of Appellate Procedure and Exhibits A, B, and C filed by Respondent is denied. Order entered.

Jabariakias Cunningham a/k/a Jabariakias Kentez Cunningham a/k/a Jabariakias K. Cunningham a/k/a Jaboriakias "Knunch" Cunningham v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0173-CR1H; Ruling Date: 03/02/2012; Ruling Judge: Lee Coleman; Disposition: Jabariakias Cunningham's Application for Post-Conviction Relief, or Application for Leave to Proceed in the Trial Court for Relief is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Coleman and Maxwell, JJ. To Dismiss: Dickinson, P.J., and Pierce, J. To Grant: Kitchens and King, JJ. Order entered.

Alan Dale Walker v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 25,945; Ruling Date: 11/04/2015; Ruling Judge: Christopher Schmidt; Disposition: The Petition for Interlocutory Appeal of Circuit Court's Order Denying Expert Access to Prepare for Capital Post-Conviction Evidentiary Hearing filed by Petitioner is granted. The portion of the Order entered by the Harrison County Circuit Court, First Judicial District, on November 4, 2015, cause no. 25,945, which denied Dr. Robert Shaffer access to Petitioner, is reversed and rendered in favor of Petitioner. Dr. Shaffer's access to Petitioner must be accomplished in accordance with this Court's decision in Grayson. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. Harrison County is taxed with all costs of this appeal. Randolph, P.J., would deny. Kitchens, J., for the Court. Order entered.