03/05/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2013-KA-01768-SCT

Jerome Totten v. State of Mississippi; Tate Circuit Court; LC Case #: CR2013-49-SM-T; Ruling Date: 10/10/2013; Ruling Judge: Smith Murphey; Majority Opinion: Chandler, J. Disposition: Count I: Conviction of Burglary of a Dwelling and Sentence of Twenty-Five (25) Years, as a § 99-19-81 Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall be served day for day without the benefit of parole, early release, trusty time or good behavior. Count II: Conviction of Grand Larceny and Sentence of Ten (10) Years, as a § 99-19-81 Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall be served day for day without the benefit of parole, early release, trusty time or good behavior. Sentence shall run concurrently with the Sentence imposed in Count I. Appellant shall pay $750 Restitution to Corey Rakestraw, a Fine of $1,000, $100 to the Mississippi Crime Victims fund and all court costs at the rate of $100 per month beginning Sixty (60) days from date of release. Appellant is given credit for Two Hundred Twenty-Five (225) days served while awaiting trial as required by law. Tate County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Joseph Ronald Hartfield a/k/a Ronald "Drew" Hartfield v. State of Mississippi; Lamar Circuit Court; LC Case #: 2011K-340M-1; Ruling Date: 07/11/2012; Ruling Judge: Michael Eubanks; Majority Opinion: Chandler, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Lamar County Circuit Court's conviction of Conspiracy to Commit Murder and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, with conditions, is Reinstated and Affirmed. Lamar County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., and Pierce, J., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens, King and Coleman, JJ. Coleman, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and King, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, King and Coleman, JJ., Join This Opinion. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., Kitchens and King, JJ., Join This Opinion.

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 Petition for Writ of Certiorari filed by Highland Park Apartments, LLC, and Sharon Sampson is granted. To Grant: Dickinson and Randolph, P.JJ., Chandler, Pierce, King and Coleman, JJ. To Deny: Lamar and Kitchens, JJ. Not Participating: Waller, C.J. Order entered.

The Mississippi Bar v. Robert Bryan Ogletree; LC Case #: 2012-B-257; Ruling Date: 05/29/2013; Ruling Judge: Roger Clark; Majority Opinion: Waller, C.J. Disposition: Robert Bryan Ogletree shall be suspended from the practice of law in the State of Mississippi for a period of six (6) months and must comply with all provisions of the Complaint Tribunal's judgment prior to reinstatement. Robert Bryan Ogletree taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Randolph, P.J. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Joins This Opinion.

James Cobb Hutto, III v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 11-5005; Ruling Date: 05/28/2013; Ruling Judge: William Gowan, Jr.; Disposition: The Motion to Remand to Trial Court to Correct Record filed on behalf of James Cobb Hutto, III, is granted. The matter is remanded to the Second Judicial District of the Circuit Court of Hinds County for further proceedings consistent with this Order. To Grant: All Justices. Order entered.