02/12/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2013-KA-01800-SCT

Sheila Ealey v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0840-C; Ruling Date: 08/28/2013; Ruling Judge: William Chapman, III; Majority Opinion: Coleman, J. Disposition: Conviction of Capital Murder and sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, without possibility of parole, affirmed. Court costs, fees and assessments in the amount of $1,098.50 shall be waived by the Court. All time served in pretrial detainment in this cause is credited against this sentence. Madison County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Waller, C.J., not participating.

Lauren Byrd (Phillips) Gateley v. Clayton Harrell Gateley; DeSoto Chancery Court; LC Case #: 11-CV-1316; Ruling Date: 03/08/2013; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

In the Matter of the Estate of Dane Richard Eubanks, Deceased: Kathy May Huber, as Parent and Legal Guardian for and on behalf of David Randall Eubanks, Jr. v. Cecilia Eubanks, Individually and as Administratrix of the Estate of Dane Richard Eubanks, Deceased; Jackson Chancery Court; LC Case #: 2007-0310-JB; Ruling Date: 11/22/2011; Ruling Judge: Jaye Bradley; Majority Opinion: Dickinson, P.J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar and Coleman, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion. King, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Randolph, P.J., and Chandler, J.; Kitchens, J., Joins This Opinion In Part. Pierce, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Randolph, P.J., and Chandler, J., Join This Opinion. Kitchens, J., Joins This Opinion in Part.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Consolidated with 2013-UR-00477-SCT Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; ; Disposition: The Mississippi Public Service Commission and the Mississippi Power Company's Joint Motion to Dismiss Cross Appeal for Mootness or, in the alternative, Lack of Ripeness is denied. Thomas A. Blanton's Motion to Stay Joint Motion to Dismiss with Prejudice filed in Cause No. 2013-CA-00043 and Mississippi Power Company's Motion to Strike or, in the alternative, Response to Motion to Stay Joint Motion to Dismiss with Prejudice filed in Cause No. 2013-CA-00043 are dismissed as moot. Order entered.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Consolidated with 2013-UR-00477-SCT Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; ; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Lamar, Kitchens and King, JJ., Concur. Pierce, J., Specially Concurs with Separate Written Opinion Joined by Randolph, P.J., and Lamar, J. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Waller, C.J., Chandler and Coleman, JJ. Specially Concurring Opinion: Pierce, J. Votes: Randolph, P.J., and Lamar, J., Join This Opinion. Dissenting Opinion: Dickinson, P.J. Votes: Waller, C.J., Chandler and Coleman, JJ., Join This Opinion.

Rickey King, Individually as Executor of the Estate of Elizabeth Carol King v. Singing River Health System, Dr. Lawrence Leake, M.D., Dr. Marilyn O. Mora and Emergency Room Group, Ltd.; Jackson Circuit Court; LC Case #: 2010-00320(1); Ruling Date: 07/31/2012; Ruling Judge: Robert Krebs; Disposition: The Petition for Writ of Certiorari filed by Rickey King, Individually and as Executor of the Estate of Elizabeth Carol King, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Taghi "Ted" Boroujerdi v. City of Starkville; Oktibbeha Circuit Court; LC Case #: 2010-0430-CVH; Ruling Date: 03/07/2012; Ruling Judge: Lee Howard; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, King and Coleman, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion Joined by Randolph, P.J., Chandler and Pierce, JJ. Dissenting Opinion: Waller, C.J. Votes: Randolph, P.J., Chandler and Pierce, JJ., Join This Opinion.

Barbara Ann Thompson Bolton v. Roger Weiner, M.D.; Coahoma Circuit Court; LC Case #: 14-CI-04-0162; Ruling Date: 08/14/2012; Ruling Judge: Johnnie Walls, Jr.; Disposition: The Petition for Writ of Certiorari filed by Barbara Ann Thompson Bolton is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Larry Press Wells a/k/a Larry P. Wells a/k/a Larry Preston Wells v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-00774; Ruling Date: 04/30/2009; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Pierce, J. Disposition: Conviction of Possession of a Controlled Substance with Intent, Affirmed. Sentence of Sixty (60) years in the custody of the Mississippi Department of Corrections is Vacated and this case is Remanded to the Harrison County Circuit Court for resentencing. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar and Chandler, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and Coleman, J. King, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and Coleman, J., Join This Opinion.

Steven Edward Galle v. Isle of Capri Casinos, Inc.; Riverboat Corporation of Mississippi a/k/a Isle of Capri Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc.; James B. Perry, as Chairman of the Board and Chief Executive Officer, Isle of Capri Casinos, Inc., and James B. Perry, Individually; Virginia McDowell, as President and Chief Executive Officer, Isle of Capri Casinos, Inc., and Virginia McDowell, Individually; Lynn Banks, as Corporate Director of Human Resources, Isle of Capri Casinos, Inc., and Lynn Banks, Individually; Doug Shipley, as General Manager of Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Doug Shipley, Individually; Michael (Mike) Cray, as Director of Casino Operations, Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Michael ( Mike) Cray, Individually; and Bell Kessler, as Senior Director of Human Resources, Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Bell Kessler, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-12-110; Ruling Date: 11/30/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Isle of Capri Casinos, Inc., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Deny: Kitchens, Chandler and King, JJ. Order entered.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-91-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Disposition: The Petition for Writ of Certiorari filed by Charles Bester is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Pierce and Coleman, JJ. Order entered.

In The Matter of The Dissolution of The Marriage of James Albert Hanlin and Melanie D. Hanlin: James Albert Hanlin v. Melanie D. Hanlin; Hinds Chancery Court 1st District; LC Case #: G2005-1915T/1; Ruling Date: 09/27/2012; Ruling Judge: J. Thomas; Disposition: The Petition for Writ of Certiorari filed by James Albert Hanlin is granted. To Grant: All Justices. Order entered.

Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; Consolidated with 2012-UR-01108-SCT Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; ; Disposition: The Mississippi Public Service Commission and the Mississippi Power Company's Joint Motion to Dismiss Cross Appeal for Mootness or, in the alternative, Lack of Ripeness is denied. Thomas A. Blanton's Motion to Stay Joint Motion to Dismiss with Prejudice filed in Cause No. 2013-CA-00043 and Mississippi Power Company's Motion to Strike or, in the alternative, Response to Motion to Stay Joint Motion to Dismiss with Prejudice filed in Cause No. 2013-CA-00043 are dismissed as moot. Order entered.

The Former Board of Trustees and Members of Mississippi Comp Choice Self-Insurers Fund v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association; Madison Circuit Court; LC Case #: 2012-50-JE; Ruling Date: 04/02/2013; Ruling Judge: John Emfinger; Disposition: The Motion for Rehearing filed by Appellee is denied. Dickinson, P.J., Lamar, Pierce and Coleman, JJ., would grant.

Willie Jerome Manning a/k/a Fly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2000-0349-CVH; Ruling Date: 05/21/2013; Ruling Judge: Lee Howard; Consolidated with 96-DP-00943-SCT Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13086 ; Ruling Date: 07/30/1996; Ruling Judge: John Montgomery; Consolidated with 1999-DP-01185-SCT Willie Jerome Manning a/k/a Fly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13086; Ruling Date: 06/03/1999; Ruling Judge: John Montgomery; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and Coleman, JJ., Concur. King, J., Concurs in Result Only Without Separate Written Opinion. Chandler, J., Dissents with Separate Written Opinion Joined by Pierce, J. Dissenting Opinion: Chandler, J. Votes: Pierce, J., Joins This Opinion.

O. R. Garretson, and Wife, Carolyn C. Garretson, Harry F. Garretson and Wife, Jean H. Garretson v. Mississippi Department of Transportation; Greene Circuit Court; LC Case #: 2005-08-088(1); Ruling Date: 09/18/2012; Ruling Judge: Robert Krebs; Disposition: The Motion for Rehearing filed by Appellants is denied. Pierce, 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 Judge: James Kitchens, Jr.; Disposition: The Court en banc, finds that the Petition for Extraordinary Relief: Motion to Require Circuit Court to Entertain Discovery is granted. The trial court is ordered to rule on all pending motions for discovery within thirty (30) days from the date of entry of this order. The clerk shall immediately forward a copy of such order(s) to this Court. It is further ordered that the Motion to Stay Post-Conviction Proceedings is granted. The post-conviction proceedings in this matter are stayed for a period of sixty (60) days from the entry of this order. Order entered.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: On September 22, 2014, Knox filed a Motion to Stay Proceedings to Allow Discovery and Motion for Funding for Discovery, and the Court, en banc, having duly considered the same, is of the opinion and holds that all proceedings in this case are stayed during such time as the Court shall give further consideration to said motion. Chandler, J., Disagrees. Randolph, P.J., not participating. Order entered.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: The en banc order of February 3, 2015, is vacated. The present en banc order, with separate written statement, is substituted therefor. On September 22, 2014, Knox filed a Motion to Stay Proceedings to Allow Discovery and Motion for Funding for Discovery, and the Court, en banc, having duly considered the same, is of the opinion and holds that all proceedings in this case are stayed during such time as the Court shall give further consideration to said motion. Chandler, J., Objects with Separate Written Statement. Randolph, P.J., not participating. Order entered.

Misty Byrd Rustin v. Kimberly Cooley Foster; Jones Circuit Court 2nd District; LC Case #: 2010-065-CV07; Ruling Judge: L. Hilburn; Disposition: The Court en banc, finds that the Petition for Interlocutory Appeal and For Stay of Trial Court Actions is denied. The Court further finds that the Motion for Stay of Trial Court Actions is dismissed as moot. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J. Order entered.