02/21/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2012-CA-00152-SCT

David H. Nutt, Mary Kirchbaum McAlister, Nutt & McAlister, PLLC, David Nutt, P.A. and David Nutt & Associates, P.C. v. Derek A. Wyatt; Lafayette Circuit Court; LC Case #: L-09-260; Ruling Date: 12/22/2011; Ruling Judge: Edward Prisock; Consolidated with 2010-CA-00122-SCT Richard F. Scruggs and SLF, Inc. v. Derek A. Wyatt; Lafayette Circuit Court; LC Case #: L09-260; Ruling Date: 01/16/2010; Ruling Judge: Edward Prisock; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Coleman, J., not participating.

Jason Lee Keller v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-08-201; Ruling Date: 10/08/2009; Ruling Judge: Lisa Dodson; Disposition: On the Court's own motion, this matter is remanded to the trial court for an evidentiary hearing to be conducted within sixty days from the date of entry of this order. The State and Keller may present evidence they deem necessary to assist the trial judge in making a determination of whether any one or more of the statements Keller made to law enforcement was coerced and, if so, whether any information gained in any coerced statement assisted law enforcement in gaining additional information from Keller in any statement that was not coerced. Within ten days following the conclusion of the hearing, the State and Keller shall provide the trial judge with proposed findings of fact and conclusions of law. Within thirty days following the conclusion of the hearing, the trial court shall provide this Court with its findings of fact and conclusions of law. Within thirty days following the conclusion of the hearing, the State and Keller shall submit briefs to this Court, not to exceed twenty-five pages each, addressing the trial court's findings of fact and conclusions of law. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens, J., objects to the order with separate written statement joined by King, J. Order entered.

Johnny R. Young, Jr. a/k/a Johnnie R. Young, Jr. v. State of Mississippi; Union Circuit Court; LC Case #: UK07-132; Ruling Date: 10/14/2009; Ruling Judge: Andrew Howorth; Disposition: Motion for rehearing filed by Johnnie R. Young, Jr., is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Charlie Honeycutt v. Tommy Coleman, Atlanta Casualty Companies, Atlanta Casualty Company and American Premier Insurance Company; Lowndes Circuit Court; LC Case #: 2001-0059-CV1; Ruling Date: 08/27/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Charlie Honeycutt is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Order entered.

Mary Barrow, Individually and for the Benefit of the Wrongful Death Heirs of Latisha Barrow and the Estate of Latisha Barrow, By and Through Mary Barrow, Administratrix v. Reul May, Jr., D.D.S.; Hinds Circuit Court 1st District; LC Case #: 251-07-1212CIV; Ruling Date: 08/09/2010; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Mary Barrow is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Not Participating: Kitchens, J. Order entered.

Forrest Thomas, III v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0088(CMC)(W); Ruling Date: 09/29/2010; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by counsel for Forrest Thomas, III, is denied. Motion for leave to file writ of certiorari filed pro se by Thomas is granted. The pro se petition for writ of certiorari is denied. To Deny Both Petitions: All Justices. Order entered.

Rondell White, Sr. a/k/a Rondell White and Cherrelle Jones a/k/a Cherrele Jones v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2010-30KR; Ruling Date: 11/04/2010; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by Rondell White, Sr., a/k/a Rondell White is denied. To Deny: All Justices. Order entered.

Willie Mack Pierce, Jr. v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2008-054P; Ruling Date: 05/28/2009; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Willie Mack Pierce, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ. Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.

Dondrego Bolton v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2010-0612; Ruling Date: 12/01/2010; Ruling Judge: W. Yerger; Disposition: On the Court's own motion, this Court's order filed on January 24, 2013, denying petitioner's petition for certiorari is vacated, and the petition for writ of certiorari is granted. To Vacate and Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Oliver Otis McCray a/k/a Otis McCray v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2010-0134; Ruling Date: 01/05/2011; Ruling Judge: Lillie Sanders; Disposition: Petition for writ of certiorari filed by Oliver Otis McCray a/k/a Otis McCray is denied. To Deny: All Justices. Order entered.

In Re: Barbara Dunn, Hinds County Circuit Clerk; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Majority Opinion: Kitchens, J. Disposition: Hinds County Circuit Clerk Barbara Dunn is ordered to pay costs. Barbara Dunn, Hinds County Circuit Clerk, taxed with costs. Votes: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Waller, C.J., not participating.

Denise Allcock, Administratrix on Behalf of the Wrongful Death Beneficiaries and the Estate of Robert E. Allcock, II v. Antoinette Bannister, M.D. and The Children's Clinic; Harrison Circuit Court 1st District; LC Case #: A2401-2004-266; Ruling Date: 10/20/2010; Ruling Judge: John Gargiulo; Disposition: Motion for rehearing filed by Denise Allcock is denied. Kitchens, Chandler and King, JJ., would grant.

Jeffrey Dale Chapell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2010-0200MD; Ruling Date: 02/17/2011; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed by Jeffrey Dale Chapell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Tytus Williams a/k/a Tytus D. Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-09-732-CIV; Ruling Date: 10/27/2009; Ruling Judge: L. Hilburn; Disposition: Petition for writ of certiorari filed by Tytus Williams a/k/a Tytus D. Williams is denied. To Deny: All Justices. Order entered.

Christopher R. Ingram a/k/a Christopher Ingram a/k/a Christopher Ray Ingram v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 10-CV-163(W); Ruling Date: 06/29/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by Christopher Ray Ingram, pro se, is denied. To Deny: All Justices. Order entered.

Quincy Clayton a/k/a Quincy Lee Clayton v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-222-KR2; Ruling Date: 02/08/2011; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by the State of Mississippi is denied.

Bobby Leonard Gray a/k/a Bobby L. Gray a/k/a Bobby Gray v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2011-151(W); Ruling Date: 07/20/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed pro se by Bobby Leonard Gray 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.

City of Jackson, Mississippi v. Robert Sandifer, Jr. and Mildred Sandifer, Individually and on Behalf of the Wrongful Death Beneficiaries of Tawanda Sandifer; Hinds Circuit Court 1st District; LC Case #: 251-06-881CIV; Ruling Date: 05/12/2011; Ruling Judge: Winston Kidd; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellees 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 Brian K. Cole, Deceased, Gregory Cole, Administrator: Ford Motor Company v. Wayne E. Ferrell, Jr. and James W. Nobles, Jr.; Jasper Chancery Court 1st District; LC Case #: 2002-A035; Ruling Date: 07/11/2011; Ruling Judge: H. Clark, II; Consolidated with 2011-CA-01130-SCT In the Matter of the Estate of Brian K. Cole, Gregory Cole, Administrator: Ford Motor Company v. Wayne E. Ferrell, Jr. and James W. Nobles, Jr.; Jasper Chancery Court 1st District; LC Case #: 02-A035; Ruling Date: 07/08/2011; Ruling Judge: H. Clark, II; Disposition: Motion for rehearing filed by Appellees is denied. Dickinson and Randolph, P.JJ., Lamar and Kitchens, JJ., would grant.

Southern Healthcare Services, Inc., Medforce Management, LLC d/b/a Willow Creek Retirement Center and Daleson Enterprises, LLC d/b/a Jones County Rest Home v. Lloyd's of London a/k/a Underwriters at Lloyd's of London and Certain Underwriters at Lloyd's, London; Jones Circuit Court 1st District; LC Case #: 2006-26-CV8; Ruling Date: 10/13/2011; Ruling Judge: Joe Pigott; 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.