Supreme Court of MississippiHand Down List
February 19, 2015
02/19/2015 - Hand Down and published opinions in WordPerfect/ZIP format
Coleman, Josiah Dennis
X 2013-CA-01842-SCT
Tyrone Lewis, Sheriff Hinds County, Mississippi v. Hinds County Circuit Court; Hinds Circuit Court 1st District; LC Case #: 251-12-185; Ruling Date: 09/30/2013; Ruling Judge: William Gowan, Jr.; Majority Opinion: Coleman, J. Disposition: Vacated in Part and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.
Kitchens, James W.
X 2012-CA-02010-SCT
Bronwyn Benoist Parker v. William Dean Benoist AND William D. Benoist, Individually, and in his Capacity of Executor of the Estate of Billy Dean "B.D." Benoist, Deceased v. Bronwyn Benoist Parker; Yalobusha Chancery Court 1st District; LC Case #: 11-06-56; Ruling Date: 02/20/2012; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Kitchens, J. Disposition: The Motion for Rehearing filed by Bronwyn Benoist Parker is granted. The original opinion is withdrawn and this opinion is substituted therefor. On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part. On Cross-Appeal: Affirmed. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Chandler, Pierce and King, JJ., Concur. Randolph, P.J., Lamar and Coleman, JJ., not participating.
Lamar, Ann H.
X 2013-KA-01683-SCT
Zachary D. Barnes a/k/a Zachary Barnes v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-198 CR; Ruling Date: 08/12/2013; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Forrest County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce and Coleman, JJ., Concur. King, J., Concurs in Part and in Result Without Separate Written Opinion. Waller, C.J., not participating.
EN BANC
2012-CT-00863-SCT
Jordan Davis a/k/a Jordan D. Davis v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2012-17; Ruling Date: 06/18/2012; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by Jordan Davis is granted. To Grant: All Justices. Order entered.
EN BANC
2012-CT-01032-SCT
Christopher Lee Baxter a/k/a Chris Baxter a/k/a Christopher Baxter v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,002; Ruling Date: 05/15/2012; Ruling Judge: Richard McKenzie; Disposition: The Petition for Writ of Certiorari filed by Christopher Lee Baxter is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J.
EN BANC
2012-CT-01300-SCT
Glenda Cascio v. Alfa Mutual Insurance Company, as Subrogee of Belinda Patterson, and Belinda Patterson, Individually; Forrest Circuit Court; LC Case #: CI03-0218; Ruling Date: 07/11/2012; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Glenda Cascio is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., and Coleman, J. Order entered.
EN BANC
2012-CA-01423-SCT
Tammy English Davenport a/k/a Tammy English v. Richard D. Davenport; Warren Chancery Court; LC Case #: 2008-036-GW; Ruling Date: 07/17/2012; Ruling Judge: Jane Weathersby; Disposition: The Motion for Rehearing filed by Appellant is denied.
EN BANC
2012-CT-01629-SCT
Nekole Bennett, Individually; B.J. by and through her Mother and Next Friend Nekole Bennett; D.B. by and through his Mother and Next Friend Nekole Bennett; and A.B. by and through her Mother and Next Friend Nekole Bennett v. Highland Park Apartments, LLC and Sharon Sampson, Individually; Hinds Circuit Court 1st District; LC Case #: 251-10-122-CIV; Ruling Date: 09/19/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Suspension of the Rules and Reconsideration of Dismissal of Timely Filed Petition for Certiorari as "Untimely" filed by Petitioners is granted. The order of this Court dated January 14, 2015, dismissing the Petition for Writ of Certiorari filed by Petitioners as untimely filed, is vacated. Chandler, J., would deny. Waller, C.J., not participating. Order entered.
EN BANC
2012-BA-01711-SCT
The Mississippi Bar v. Joe Donald Pegram; LC Case #: 2010-1830; Ruling Date: 06/22/2012; Ruling Judge: Winston Kidd; Disposition: The Appellant's Motion for Rehearing on its Motion for Costs is denied. To Grant: Waller, C.J., Randolph, P.J., and Lamar, J. Order entered.
EN BANC
2012-CA-02010-SCT
Bronwyn Benoist Parker v. William Dean Benoist AND William D. Benoist, Individually, and in his Capacity of Executor of the Estate of Billy Dean "B.D." Benoist, Deceased v. Bronwyn Benoist Parker; Yalobusha Chancery Court 1st District; LC Case #: 11-06-56; Ruling Date: 02/20/2012; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Motion for Rehearing filed by William Dean Benoist is denied. Randolph, P.J., Lamar and Coleman, JJ., not participating.
EN BANC
2012-CA-02010-SCT
Bronwyn Benoist Parker v. William Dean Benoist AND William D. Benoist, Individually, and in his Capacity of Executor of the Estate of Billy Dean "B.D." Benoist, Deceased v. Bronwyn Benoist Parker; Yalobusha Chancery Court 1st District; LC Case #: 11-06-56; Ruling Date: 02/20/2012; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Motion for Rehearing filed by Bronwyn Benoist Parker is granted. The original opinion is withdrawn and this opinion is substituted therefor. On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part. On Cross-Appeal: Affirmed. See opinion of this Court handed down this date. Randolph, P.J., Lamar and Coleman, JJ., not participating.
EN BANC
2013-EC-00928-SCT
Dimp Powell v. Municipal Election Commission of The Town of Isola, Mississippi; Humphreys Circuit Court; LC Case #: 2013-0063; Ruling Date: 05/30/2013; Ruling Judge: Jannie Lewis; Disposition: The Motion for Rehearing filed by Dimp Powell is denied.
EN BANC
2013-CT-02024-SCT
Kevin Warren v. State of Mississippi; Rankin Circuit Court; LC Case #: 2013-265-E; Ruling Date: 11/12/2013; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by Kevin Warren is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.
EN BANC
2014-M-01303-SCT
Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC and John and Jane Does, Individually and/or Entities v. James Alford; Rankin Chancery Court; LC Case #: 61CH1:14-cv-00950; Ruling Date: 09/09/2014; Ruling Judge: Dan Fairly; Disposition: Before the Court en banc is the Petitioners' Motion to Grant Petition for Interlocutory Appeal and to consolidate Interlocutory Appeals. Until such time as the parties inform this Court of the chancellor's ruling on Petitioners' Motion to Compel Arbitration, this Court will entertain no further pleadings in the case. Order entered.