03/02/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P.
X  2016-KA-00431-SCT

Laterrence Lenoir a/k/a Laterrence A. Lenoir a/k/a Laterrence Awson Lenoir v. State of Mississippi; Copiah Circuit Court; LC Case #: 2016-0014 CR-A; Ruling Date: 03/14/2016; Ruling Judge: Lamar Pickard; Majority Opinion: Chamberlin, J. Disposition: Count I: Conviction of Armed Robbery and Sentence of Sixteen (16) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Armed Robbery and Sentence of Sixteen (16) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Conspiracy to commit the Crime of Armed Robbery and Sentence of Five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I and II shall run consecutively. Sentence in Count IV shall run concurrently with sentences in Counts I and II. Count III is Dismissed. Appellant shall be given credit for time served while awaiting sentencing. Copiah County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

City of Pearl, Mississippi v. Homewood Company, L.L.C; Rankin Circuit Court; LC Case #: 2013-252 E; Ruling Date: 05/28/2014; Ruling Judge: John Emfinger; Majority Opinion: King, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Floyd B. Austin, Marcus B. Austin, AA Food Services, Inc., Austin & Associates Services, Inc., Austin & Associates, Inc., M & M Contract Management, Inc., Meridian Food Services, LLC, Big A Auto Sales, Inc., Floyd Austin Properties, LLC, Austin Irrevocable Trust, Floyd B. Austin d/b/a Floyd B. Austin Food Service, PKA Services, Inc., Floyd B. Austin f/k/a PKA Services, Inc., Floyd B. Austin d/b/a Austin Farms v. Pamela K. Austin; Alcorn Chancery Court; LC Case #: 2007-0428-02-MM; Ruling Date: 06/28/2013; Ruling Judge: C. Malski; Majority Opinion: Randolph, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Sam Hales v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 114-16; Ruling Date: 11/17/2015; Ruling Judge: Eddie Bowen; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of Sexual Battery and Sentence of Twenty-Five (25) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Touching a Child for Lustful Purposes and Sentence of Fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively and day-for-day, and these sentences shall not be reduced or suspended. The Appellant shall not be eligible for parole, probation or early release. Jasper County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Marlena Robinson v. Ed Morgan, in His Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: G2015-819 S/2; Ruling Date: 03/15/2016; Ruling Judge: William Singletary; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Frank Hartley, Jr. v. John D. Watts and Lenita S. Watts; Lincoln Chancery Court; LC Case #: 858; Ruling Date: 12/23/2014; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Carl Lee Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2012-473; Ruling Date: 02/20/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Chamberlin, JJ. To Grant: Randolph, P.J., and Beam, J. Order entered.

TRK, LLC d/b/a Timber Ridge Townhouse Apartments, B&B Management Group, LLC and Tara Burnside v. Vivian Myles, Individually and on Behalf of all Wrongful Death Beneficiaries of Enrique L. Myles, Deceased and/or L.J.W., a Minor, by and through Her Mother and Next Friend, Janna Warnsley; Hinds Circuit Court 1st District; LC Case #: 251-13-442CIV; Ruling Date: 06/02/2014; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Waller, C.J., not participating.

Carol Gray v. Dimitrios Dimitriades, M.D., Memorial Hospital at Gulfport and Todd Frieze, M.D.; Harrison Circuit Court 1st District; LC Case #: A2401-11-126; Ruling Date: 07/09/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Carol Gray is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, King and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.

Charles Ray Crawford a/k/a Crawford, Chuck a/k/a Charles Crawford v. Marshall L. Fisher, Commissioner, Mississippi Department of Corrections, in his Official Capacity; Earnest Lee, Superintendent, Mississippi State Penitentiary, in his Official Capacity; the Mississippi State Executioner, in his Official Capacity; and Unknown Executioners, in their Official Capacities; Hinds Circuit Court 1st District; LC Case #: 251-14-502CIV; Ruling Date: 10/29/2014; Ruling Judge: Tomie Green; Disposition: The Motion for Rehearing filed by Appellees is denied. Waller, C.J., Randolph, P.J., and Maxwell, J., would grant. Chamberlin, J., not participating.

David Shanklin a/k/a David E. Shanklin v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0057CI; Ruling Date: 05/07/2013; Ruling Judge: W. Hines; Disposition: The Petition for Writ of Certiorari filed by counsel for David Shanklin is denied. To Deny: All Justices. Order entered.

Watkins Development, LLC and David Watkins, Sr. v. C. Delbert Hosemann, Jr., in his Official Capacity as Mississippi Secretary of State; Hinds Chancery Court 1st District; LC Case #: 25CH1:14-CV-512; Ruling Date: 11/12/2014; Ruling Judge: Hollis McGehee; Majority Opinion: Dickinson, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part; The Judgment of the Chancery Court for the First Judicial District of Hinds County is Affirmed. Appellants are taxed with costs of appeal. Votes: Randolph, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Waller, C.J., and Chamberlin, J., not participating.

Hosan M. Azomani a/k/a Hosan Azomani a/k/a Hosan Menanya Azomani a/k/a Dr. Azomani a/k/a Hosan Azomani M.D. a/k/a Dr. Hosan M. Azomani v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0267 CR; Ruling Date: 12/23/2014; Ruling Judge: Betty Sanders; Disposition: The Petition for Writ of Certiorari filed by Hosan M. Azomani is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and Maxwell, J. Not Participating: King, J. Order entered.

Roberts Company, Inc. f/k/a R & M Foods, Inc. v. Marcus Moore; Hinds Circuit Court 1st District; LC Case #: 251-08-644CIV; Ruling Date: 06/08/2015; Ruling Judge: Winston Kidd; Majority Opinion: Chamberlin, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Cellular South, Inc. v. BellSouth Telecommunications, LLC, f/k/a BellSouth Telecommunications, Inc. and Successor by Merger to Bellsouth MNS, Inc.; Hinds Chancery Court 1st District; LC Case #: G2006-262; Ruling Date: 12/10/2015; Ruling Judge: William Singletary; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Beam and Chamberlin, JJ., Concur. Maxwell, J., Dissents with Separate Written Opinion. Dissenting Opinion: Maxwell, J.

William LaForge v. William (Bill) Hays; Bolivar Circuit Court 2nd District; LC Case #: 2015-0069; Ruling Date: 05/10/2016; Ruling Judge: Charles Webster; Disposition: The Petition for Interlocutory Appeal filed by counsel for William LaForge is denied. The Motion to Strike Superfluous Documents is dismissed as moot. Agree with this order: All Justices. Order entered.

Lakeland Nursing and Rehabilitation, LLC, Brittany Spann, LPN, Mary McGowan, LPN and Barbara Scott, LPN v. Patsy Wood, Individually, as Administratrix of The Estate of Patricia Bridgeman Peoples, Deceased, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Sandra Kay Madison, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; and Samuel Peoples, Natural Son and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Hinds Circuit Court 1st District; LC Case #: 251-13-80CIV; Ruling Date: 06/29/2016; Ruling Judge: Winston L. Kidd; Disposition: The Petition for Interlocutory Appeal of orders Denying Motions to Dismiss and Request for Stay is granted only as to the trial court's "Order Denying Defendants' Brittany Spann, L.P.N.; Mary McGowan, L.P.N.; Patricia Rhodes, L.P.N.; and Barbara Scott, L.P.N. Motions to Dismiss." The Notice of Appeal is deemed to have been filed and the filing fee is due and payable to the Clerk of this Court within ten (10) days of the entry of this order. The appeal shall proceed in accordance with M.R.A.P. 10 and 11, and all trial court proceedings pertaining to Brittany Spann, Mary McGowan, Patricia Rhodes, and Barbara Scott are stayed pending this Court's disposition of the appeal. The Petition for Interlocutory Appeal of Orders Denying Motions to Dismiss and Request for Stay is denied as to the trial court's "Order Denying Defendant's, Lakeland Nursing and Rehabilitation Center, LLC, Motion to Dismiss." The matter of staying trial court proceedings against Lakeland Nursing and Rehabilitation Center, LLC, shall be decided by the trial court. To Grant in Part and Deny in Part as ordered: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell and Chamberlin, JJ. To Deny in Toto: Kitchens and King, JJ. Not Participating: Beam, J. Order entered.