02/04/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2014-KA-01778-SCT

John Ashley Hale a/k/a John Anthony Hale a/k/a John Hale v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2013-542; Ruling Date: 10/09/2014; Ruling Judge: Roger Clark; Majority Opinion: Waller, C.J. Disposition: Count I: Conviction of Transfer of Controlled Substance and Sentence of Eight (8) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Transfer of Controlled Substance and Sentence of Eight (8) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively to the Sentence in Count I, all for a total of Sixteen (16) Years to Serve. Count III: Conviction of Transfer of Controlled Substance and Sentence of Eight (8) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count III shall run concurrently with the Sentences in Count I and Count II. Count VI: Conviction of Transfer of Controlled Substance and Sentence of Eight (8) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count VI shall run concurrently with the Sentences in Count I, Count II and Count III, all for a total of Sixteen (16) Years to Serve. The Appellant shall not be eligible for parole or probation. Appellant shall receive credit for any and all time served as to these charges. Harrison County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Maxwell, JJ., Concur.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 03/03/2005; Ruling Judge: James Backstrom; Disposition: Thong Le's Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is granted. Le may file a petition for post-conviction relief in the circuit court on his claim that trial counsel provided constitutionally ineffective representation by failing to investigate and present mitigation evidence. This motion should be filed within sixty days of the issuance of this Court's mandate. Le is denied leave to proceed on his other claims. To Grant: Dickinson, P.J., Lamar, Kitchen, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Pierce and Maxwell, JJ. Dickinson, P.J., for the Court. Order entered on 1/29/16.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 03/03/2005; Ruling Judge: James Backstrom; Disposition: The State's Motion to Strike Portions of Petitioner's Reply to State's Response to Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is dismissed without prejudice. Agree: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King, Coleman and Maxwell, JJ. Not Participating: Randolph, P.J. Order entered on 1/29/16.

Kayla Vaughn v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-0177CIV; Ruling Date: 06/21/2013; Ruling Judge: Winston Kidd; Disposition: The Motion for Rehearing filed by Appellant is denied. Maxwell, J., not participating.

Ronnie L. Boyd a/k/a Ronnie Boyd v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0049; Ruling Date: 11/05/2013; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Ronnie L. Boyd is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchen, King and Coleman, JJ. Not Participating: Pierce and Maxwell, JJ. Order entered on 1/29/16.

Larry Collier a/k/a Larry Omar Collier v. State of Mississippi; Rankin Circuit Court; LC Case #: 25204; Ruling Date: 12/09/2013; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by Larry Collier is denied. The previous opinion is withdrawn and this opinion is substituted therefor. Affirmed. See Opinion of this Court handed down this date.

Larry Collier a/k/a Larry Omar Collier v. State of Mississippi; Rankin Circuit Court; LC Case #: 25204; Ruling Date: 12/09/2013; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, P.J. Disposition: The motion for rehearing is denied. The previous opinion is withdrawn and this opinion is substituted therefor. Count II: Conviction of Sale of Cocaine, as a Subsequent Drug Offender, and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sale of Cocaine, as a Subsequent Drug Offender, and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Sale of Cocaine, as a Subsequent Drug Offender, and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, Affirmed. As to Count IV, after Appellant has served a term of One (1) day in the Custody of the Mississippi Department of Corrections, the Appellant shall be released and serve a term of Five (5) Years on Post Release Supervision, with Conditions, under the Direct Supervision of the Mississippi Department of Corrections. Appellant shall pay court costs, fees and assessments in the amount of $2,456.50 within Ninety (90) days release from Custody. Appellant is imposed a fine in the amount of $10,000 in Count II; a fine in the amount of $10,000 in Count III; a fine in the Amount of $10,000 in Count IV, with payment of said fines suspended. The sentence imposed in Count III shall run consecutively to the sentence imposed in Count II. The sentence imposed in Count IV shall run consecutively to the sentence imposed in Count III. Appellant shall receive credit for time served in pretrial detainment. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Coleman and Maxwell, JJ., Concur.

David Glen Nunnery and Jene' Nunnery v. Paul Edward Nunnery and Glenda Nunnery Lord, as Co-Executor-Executrix of the Will and Estate of Joseph L. Nunnery, Deceased and Annie Louise Young Nunnery; Pike Chancery Court; LC Case #: 2010-191; Ruling Date: 01/27/2014; Ruling Judge: Debbra Halford; Disposition: The Petition for Writ of Certiorari filed by Appellants, David Glen Nunnery and Jene' Nunnery is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and King, JJ. To Deny: Randolph, P.J., and Coleman, J. Not Participating: Kitchens, Pierce and Maxwell, JJ. Order entered on 1/29/16.

City of Tchula, Mississippi and City of Port Gibson, Mississippi v. Mississippi Public Service Commission and Mississippi River Gas, LLC; LC Case #: 2013-UN-104; Ruling Date: 09/09/2014; Consolidated with 2014-UR-01447-SCT City of Port Gibson, Mississippi v. Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-104; Ruling Date: 09/09/2014; ; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ., Concur. Maxwell, J., not participating.