02/25/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2015-CA-00029-SCT

John A. Brown v. Collections, Inc. as Authorized Agent and Representative of Memorial Hospital at Gulfport; Harrison Circuit Court 1st District; LC Case #: 24CI1:13-CV-00249; Ruling Date: 12/30/2014; Ruling Judge: Michael Ward; Majority Opinion: Maxwell, J. Disposition: The Judgment of the Harrison County Circuit Court is vacated and this appeal is dismissed for lack of jurisdiction. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Beam, JJ., Concur. Lamar, J., Concurs in Part and in Result without Separate Written Opinion.

Dewayne Graham a/k/a Dewayne Dal'Angle Graham a/k/a Dewayne Deanglo Graham a/k/a Dewayne Deangelo Graham v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 427-12; Ruling Date: 12/19/2013; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Coleman, J. Disposition: Count I: Conviction of Kidnapping and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Forcible Rape and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. The Sentences of Counts I, III, and IV are to run concurrently with each other and consecutively to the unserved sentences in any prior convictions. Said Sentences shall not be reduced or suspended; nor shall the Appellant be eligible for early release, parole, probation or house arrest. Upon release, Appellant shall pay court costs in the amount of $420 and an AB fee in the amounts of $500 and $10. Any posted cash bond will be forfeited and applied to the above referenced amounts due. Appellant shall receive no jail credit. Lauderdale County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, King, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result without Separate Written Opinion. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Kitchens, J.

Dennis Kilpatrick v. White Hall on MS River, LLC ; Harrison Chancery Court 2nd District; LC Case #: 24CH2:11CV.00141; Ruling Date: 04/29/2014; Ruling Judge: Carter Bise; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Maxwell, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion. Beam, J., not participating. Dissenting Opinion: Waller, C.J.

Austin Chaz Ramsey v. Auburn University and Kevin Yoxall; Madison Circuit Court; LC Case #: CI 2011-0233 JC; Ruling Date: 09/05/2014; Ruling Judge: William Chapman, III; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ., Concur.

In Re: State Drug Courts Advisory Committee; Disposition: On the Court's own motion, finding that certain appointments expired on December 31, 2015, the en banc Court now makes the following appointments to the State Drug Courts Advisory Committee as set out in the Order. The Clerk of this Court is directed forthwith to forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered on 2/19/16.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. David Heath d/b/a Heath Aviation; Montgomery Chancery Court; LC Case #: 10-0147VC; Ruling Date: 08/14/2013; Ruling Judge: Vicki Daniels; Disposition: The Petition for Writ of Certiorari filed by David Heath is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Beam, JJ. To Grant: Lamar, J. Not Participating: Maxwell, J. Order entered.

Michelle A. Durr v. City of Picayune, Mississippi; Pearl River Circuit Court; LC Case #: 2012-0164M; Ruling Date: 10/22/2013; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari filed by City of Picayune, Mississippi is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Dickinson, P.J., and Maxwell, J. Order entered.

Cindy Petty v. Baptist Memorial Health Care Corporation, Baptist Memorial Hospital-Golden Triangle, Inc., Mary Ellen Sumrall, Individually, Vanessa Lafayette, Individually, Alicia Grant, Individually, Paul Cade, Individually, and Alexandria Banker, Individually; Lowndes Circuit Court; LC Case #: 2010-0085-CV1 H; Ruling Date: 12/05/2013; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Baptist Memorial Health Care Corporation, et al., is granted. To Grant: Waller, C.J., Dickinson, P.J., King, Coleman and Beam, JJ. To Deny: Randolph, P.J., Lamar and Kitchens, JJ. Not Participating: Maxwell, J. Order entered.

John Christopher Blakeney a/k/a John Christopher Paul Blakeney a/k/a John C.P. Blakeney a/k/a Chris Blakeney v. Don McRee and Carolyn McRee; Jones Chancery Court 1st District; LC Case #: 2012-0006-AD-E; Ruling Date: 02/11/2014; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens and King, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion.

James Robert Rowsey a/k/a James R. Rowsey a/k/a James Rowsey v. State of Mississippi; Greene Circuit Court; LC Case #: 21-11-10,018(2); Ruling Date: 02/28/2014; Ruling Judge: Kathy Jackson; Disposition: The Motion for Rehearing filed by Appellant is denied.

In the Matter of the Conservatorship of Victoria Denise Newsome: Marilyn Newsome, Conservator; Simpson Chancery Court; LC Case #: 2010-0146-P2; Ruling Date: 04/29/2015; Ruling Judge: Hollis McGehee; Disposition: This appeal shall be dismissed upon the entry of this order. Costs of appeal, if any, are taxed to the Appellant. All Justices Agree. Dickinson, P.J., for the Court. Order entered.

Dr. Willie Wilson v. Delbert Hosemann, In His Capacity as Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 16-cv-00085-wlk; Ruling Date: 02/03/2016; Ruling Judge: Winston Kidd; Consolidated with 2016-EC-00163-SCT Dr. Willie Wilson v. Delbert Hosemann, in his Capacity as Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 16-85; Ruling Date: 02/03/2016; Ruling Judge: Winston Kidd; Disposition: The Petition for Expedited and Emergency Consideration of Appeal, for Permission to Appeal of Interlocutory Order, and for Mandamus Adding Appellant's Name to Ballot filed by Dr. Willie Wilson is granted. See Opinion of this Court handed down this date.

Dr. Willie Wilson v. Delbert Hosemann, In His Capacity as Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 16-cv-00085-wlk; Ruling Date: 02/03/2016; Ruling Judge: Winston Kidd; Consolidated with 2016-EC-00163-SCT Dr. Willie Wilson v. Delbert Hosemann, in his Capacity as Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 16-85; Ruling Date: 02/03/2016; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Randolph, P.J., Kitchens, King, Coleman and Beam, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion Joined by Lamar and Maxwell, JJ. Maxwell, J., Dissents with Separate Written Opinion Joined by Waller, C.J. Dissenting Opinion: Waller, C.J. Votes: Lamar and Maxwell, JJ., Join This Opinion. Dissenting Opinion: Maxwell, J. Votes: Waller, C.J., Joins This Opinion.

Dr. Willie Wilson v. Delbert Hosemann, in his Capacity as Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 16-85; Ruling Date: 02/03/2016; Ruling Judge: Winston Kidd; Consolidated with 2016-IA-00148-SCT Dr. Willie Wilson v. Delbert Hosemann, In His Capacity as Mississippi Secretary of State; Hinds Circuit Court 1st District; LC Case #: 16-cv-00085-wlk; Ruling Date: 02/03/2016; Ruling Judge: Winston Kidd; Disposition: The Secretary of State's Motion to Dismiss Appeal filed in Cause No. 2016-EC-00163-SCT is dismissed as moot. Order entered.