02/13/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2012-CA-01419-SCT

Mississippi Department of Revenue v. Isle of Capri Casino, Inc.; Ioc-Lula, Inc.; IOC Natchez, Inc.; Riverboat Corporation of Mississippi; Riverboat Corporation of Mississippi-Vicksburg; Capri Air, Inc.; IOC Coahoma, Inc.; Lady Luck Gaming Corporation; Lady Luck Vicksburg, Inc.; Casino America, Inc.; IOC Services, LLC; IOC Mississippi, Inc.; Riverboat Services, Inc.; ICC Corp.; Lady Luck Gulfport, Inc.; Lady Luck Biloxi, Inc.; IMPS a/k/a International Marco Polo Services, Inc.; IOC Manufacturing, Inc.; and IOC Development Company, LLC; Harrison Chancery Court 2nd District; LC Case #: C2402-11-471(1); Ruling Date: 07/26/2012; Ruling Judge: James Persons; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Earthgrains Bakery Group, Inc. f/k/a Sara Lee Bakery Group, Inc. v. Mississippi Department of Employment Security; Hinds Circuit Court 1st District; LC Case #: 251-08-396 (CIV); Ruling Date: 09/04/2012; Ruling Judge: Tomie Green; Majority Opinion: Coleman, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., Concurs in Result Only Without Separate Written Opinion.

Zachary Stringer a/k/a Zac Stringer v. State of Mississippi; Marion Circuit Court; LC Case #: K12-0055H; Ruling Date: 02/26/2013; Ruling Judge: Prentiss Harrell; Majority Opinion: King, J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections with ten (10) years to serve and the remaining ten (10) years to be served under post-release provisions with a five (5) year supervision period, with conditions, Affirmed. Marion County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.

Karen Collins v. Pinnacle Trust, Executor of the Estate of Stuart M. Irby, Deceased, Successor to the Conservatorship of Stuart M. Irby, Sr., Joseph Irby, Jeff Rickles, and Richard Montaque as Co-Conservators of Stuart M. Irby, Sr.; Hinds Chancery Court 1st District; LC Case #: P2011-131; Ruling Date: 10/11/2012; Ruling Judge: J. Thomas; 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.

Cedric D. Russell a/k/a Sedrick Russell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-673CRY; Ruling Date: 08/16/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Cedric D. Russell's pro se Motion for Leave to File for Post-Conviction, Motion to Prove by Preponderance of the Evidence that the Petitioner is Entitled to Relief, Motion to Correct Motion to Prove by a Preponderance of the Evidence, Motion to Submit Supporting Affidavit and Motion for Ex Parte Pursuant to the Petitioner's Speedy Trial Issue are denied. Russell's pro se Motion for Mandamus is dismissed as moot. Dickinson, P.J., and Kitchens, J., disagree. Order entered.

Derrick Stokes v. State of Mississippi; Madison Circuit Court; LC Case #: CI2010-0022-R; Ruling Date: 03/02/2010; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Derrick Stokes is dismissed. M.R.A.P. 17(b). Order entered.

Derrick Stokes v. State of Mississippi; Madison Circuit Court; LC Case #: CI2010-0022-R; Ruling Date: 03/02/2010; Ruling Judge: Samac Richardson; Disposition: Application for Leave to Proceed in the Trial Court of Madison County, Mississippi, and Motion for Leave to Proceed In Forma Pauperis are dismissed as moot. Order entered.

Barry W. Gilmer v. Morris Goodman Builders, Inc.; Madison Circuit Court; LC Case #: 2001-0148; Ruling Date: 08/21/2009; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Barry W. Gilmer is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Chandler, J. Order entered.

Equifax, Inc. and Equifax Credit Information Services, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2009-884-T/1; Ruling Date: 11/04/2010; Ruling Judge: J. Thomas; Disposition: Motion for Stay of Mandate filed by Appellants is granted. The mandate of this Court is recalled upon entry of this order, and is stayed until May 7, 2014. To Grant: All Justices. Order entered.

Public Employees' Retirement System v. Sherry Walker; Hinds Circuit Court 1st District; LC Case #: 251-08-247-CIV-WK; Ruling Date: 04/27/2011; Ruling Judge: Winston Kidd; Disposition: Motion to Amend Mandate filed by Sherry Walker is denied. To Deny: All Justices. Order entered.

Machon Lyons v. Direct General Insurance Company of Mississippi ; Monroe Circuit Court; LC Case #: CV2010-335RM; Ruling Date: 05/27/2011; Ruling Judge: James Roberts, Jr.; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Monroe County Circuit Court is Reversed and the case is Remanded. Appellee taxed with costs of appeal. Votes: Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, P.J. Waller, C.J., not participating. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Joins This Opinion.

J.C. Williams v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-118-KR2; Ruling Date: 10/12/2009; Ruling Judge: Billy Landrum; Majority Opinion: Randolph, P.J. Disposition: The judgments of the Court of Appeals and the Circuit Court of Jones County are Affirmed in Part and Reversed in Part. The judgment of conviction of sale of cocaine Is Affirmed, the sentence is vacated and the case is Remanded to the Circuit Court of the Second Judicial District of Jones County for resentencing. Jones County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Chandler, Pierce and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by King, J.; Waller, C.J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Waller, C.J., Joins This Opinion in Part.

Lonnie Massey a/k/a Lonnie Gene Massey a/k/a Kenneth Ball v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2011-0358-JE; Ruling Date: 12/29/2011; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by Lonnie Massey is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Bobby Earl Wilson, Jr. v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2011-0122; Ruling Date: 02/02/2012; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed by Bobby E. Wilson, Jr., is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Order entered.

Alisha Vanwey a/k/a Alisha Gadd a/k/a Alisha Renae Gadd a/k/a Alisha Renea Gadd a/k/a Alisha R. Gadd a/k/a Alisha R. Vanwey a/k/a Alisha Renee Van Wey a/k/a Alisha R. Vanway a/k/a Alisha Renee Woods a/k/a Alisha Woods a/k/a Alisha Renae Wey a/k/a Alisha Renae Vanney v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-326-GCD; Ruling Date: 01/05/2012; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed pro se by Alisha Vanwey is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Robert E. Lewis, Jr. a/k/a Robert Earl Lewis, Jr. a/k/a Robert Lewis v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0029-CVI; Ruling Date: 05/22/2012; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Robert E. Lewis, Jr., is denied. To Deny: All Justices. Order entered.

Aaron James Carlson a/k/a Aaron Carlson v. City of Ridgeland; Madison Circuit Court; LC Case #: 2010-0641; 2010-0642; Ruling Date: 04/12/2012; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by counsel for Aaron James Carlson is denied. To Deny: All Justices. Order entered.

Sacory Brown a/k/a Cory a/k/a Sacory Gene-Earl Brown v. State of Mississippi; Forrest Circuit Court; LC Case #: 2011-493-CR; Ruling Date: 06/04/2012; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by Appellant is denied.