02/01/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2016-KA-01441-SCT

John Norman Cole a/k/a Bo Cole a/k/a John Cole v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2016-020-LT; Ruling Date: 09/22/2016; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: Affirmed. Lincoln County taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Nolana Thornton Griffin v. Chad Griffin; Walthall Chancery Court; LC Case #: 74CH1:16cv-0072-WS; Ruling Date: 11/07/2016; Ruling Judge: Wayne Smith; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.

Jason Hall a/k/a Jason Ladell Hall a/k/a Jason L. Hall v. State of Mississippi; Forrest Circuit Court; LC Case #: CI14-0014; Ruling Date: 01/31/2017; Ruling Judge: L. Hilburn; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH213-cv-00032; Ruling Date: 11/04/2013; Ruling Judge: Jennifer Schloegel; Consolidated with 2014-CT-00894-SCT Melissa C. Patterson, Stacey Pickering, Individually, David Huggins, Individually, Chris Lott, Individually, Mississippi Department of Audit, Stacey Pickering in his official capacity as State Auditor for the State of Mississippi, Harold E. Pizzetta, III, Mississippi Department of Marine Resources, Joseph A. Runnels, Jr., Sandra R. Chesnut and Jim Hood v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CHH2:13-CV-00032; Ruling Date: 05/27/2014; Ruling Judge: Jennifer Schloegel; Disposition: The Motion for Rehearing filed by David Huggins is denied. Waller, C.J., and Coleman, J., would grant. Kitchens, P.J., Maxwell and Ishee, JJ., Not Participating.

Sharkey Issaquena Community Hospital v. Alan Anderson and Linda Anderson; Sharkey Circuit Court; LC Case #: 13-0014; Ruling Date: 03/19/2014; Ruling Judge: M. Chaney, Jr.; Disposition: The motion for rehearing filed by the Appellant is granted. The previous opinions are withdrawn and this order is substituted therefor. See order of this Court handed down this date. Not Participating: Maxwell, J. Order entered.

Sharkey Issaquena Community Hospital v. Alan Anderson and Linda Anderson; Sharkey Circuit Court; LC Case #: 13-0014; Ruling Date: 03/19/2014; Ruling Judge: M. Chaney, Jr.; Disposition: The petition by Mississippi Hospital Association for leave to file an amicus curiae brief is dismissed for mootness. Order entered.

Melissa C. Patterson, Stacey Pickering, Individually, David Huggins, Individually, Chris Lott, Individually, Mississippi Department of Audit, Stacey Pickering in his official capacity as State Auditor for the State of Mississippi, Harold E. Pizzetta, III, Mississippi Department of Marine Resources, Joseph A. Runnels, Jr., Sandra R. Chesnut and Jim Hood v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CHH2:13-CV-00032; Ruling Date: 05/27/2014; Ruling Judge: Jennifer Schloegel; Consolidated with 2013-CT-02002-SCT Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH213-cv-00032; Ruling Date: 11/04/2013; Ruling Judge: Jennifer Schloegel; Disposition: The Motion for Rehearing filed by David Huggins is denied. Waller, C.J., and Coleman, J., would grant. Kitchens, P.J., Maxwell and Ishee, JJ., Not Participating.

Johnson & Johnson, Inc. and Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. Brenda Fortenberry, as the Conservator of the Estate of Person of Louise Taylor; Copiah Circuit Court; LC Case #: 2002-0389; Ruling Date: 01/27/2015; Ruling Judge: Lamar Pickard; Disposition: The Motion for Rehearing filed by Brenda Fortenberry is denied. Kitchens, P.J., and King, J., would grant. Ishee, J., Not Participating.

William Ray Parks a/k/a Bill Parks a/k/a William Parks v. State of Mississippi; Copiah Circuit Court; LC Case #: 2015-0054-CR; Ruling Date: 08/17/2015; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by counsel for William Ray Parks is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.

Janice Loden Sullivan v. James Wayne Sullivan; Lee Chancery Court; LC Case #: CV2014-352-41M; Ruling Date: 08/31/2015; Ruling Judge: Jacqueline Mask; Disposition: The Petition for Writ of Certiorari filed by James Wayne Sullivan is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.

Edwina Robbins v. State of Mississippi; Perry Circuit Court; LC Case #: 5962; Ruling Date: 09/15/2015; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed pro se by Edwina Robbins is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Wendell Duncan a/k/a Wendell Avery Duncan v. Raniece Matthews, Latresia Stewart, Richard Pennington, Mississippi Department of Corrections, and State of Mississippi; Rankin Circuit Court; LC Case #: 15- CV- 00222- C; Ruling Date: 06/10/2016; Ruling Judge: William Chapman, III; Disposition: Appellees' Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: King and Ishee, JJ. Order entered.

Amy Clemons Plummer v. James Jeffrey Plummer; Grenada Chancery Court; LC Case #: 04-CV-279ML; Ruling Date: 02/03/2016; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Amy Clemons Plummer is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Susan Harris v. Thomas L. Harris; Newton Chancery Court; LC Case #: 2009-N0401; Ruling Date: 03/16/2016; Ruling Judge: H. Clark, II; Majority Opinion: Chamberlin, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Beam, JJ., Concur. Ishee, J., not participating.

City of Jackson, Mississippi v. Ben Allen, Individually and in His Capacity as President of Downtown Jackson Partners, Inc.; Hinds Circuit Court 1st District; LC Case #: 2015-502; Ruling Date: 04/26/2016; Ruling Judge: William Gowan, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., Maxwell and Beam, JJ., Concur. Chamberlin, J., Specially Concurs with Separate Written Opinion Joined by Waller, C.J., King, Beam and Ishee, JJ.; Randolph, P.J., and Maxwell, J., Join in Part. Waller, C.J., Concurs in Result Only without Separate Written Opinion. King, J., Concurs in Part and in Result without Separate Written Opinion. Specially Concurring Opinion: Chamberlin, J. Votes: Waller, C.J., King, Beam and Ishee, JJ., Join This Opinion. Randolph, P.J., and Maxwell, J., Join This Opinion in Part.

Peter J. Patricola, Administrator of the Estate of Lanitia Patricola v. Imperial Palace of Mississippi, LLC d/b/a Imperial Palace Casino, Resort & Spa; Harrison Circuit Court 2nd District; LC Case #: A2402-2010-158; Ruling Date: 06/24/2016; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Imperial Palace of Mississippi, LLC, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Eddie Minor, III a/k/a Eddie Minor a/k/a Eddie Lee Minor, Jr. a/k/a Eddie Minor, Jr. v. State of Mississippi; Adams Circuit Court; LC Case #: 15-KR-0024A J; Ruling Date: 08/15/2016; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Motion for Rehearing filed by the Appellant is denied. Ishee, J., Not Participating.

Jackson HMA, LLC d/b/a Merit Health Central f/d/b/a Central Mississippi Medical Center v. Evelyn Harris, as the Administratrix and Personal Representative of the Estate of Melvin Harris; Hinds County Court 1st District; LC Case #: 15-02188; Ruling Date: 09/15/2016; Ruling Judge: LaRita Cooper-Stokes; Majority Opinion: King, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., Maxwell and Chamberlin, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Randolph, P.J., and Ishee, J. Beam, J., not participating. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., and Ishee, J., Join This Opinion.

Darius Cornelius Ford a/k/a Darius Ford a/k/a Darius C. Ford a/k/a Cornelius Ford a/k/a Popcorn v. State of Mississippi; Scott Circuit Court; LC Case #: 15-CV-054-SC-G; Ruling Date: 10/07/2016; Ruling Judge: Christopher Collins; Disposition: The Petition for Writ of Certiorari filed by Darius Cornelius Ford is dismissed as untimely. Order entered.