03/26/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2014-KA-00157-SCT

Robert Patrick Terrell a/k/a Robert P. Terrell a/k/a Patrick Terrell v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K13-0002M; Ruling Date: 02/04/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Coleman, J. Disposition: The Appeal is Dismissed Without Prejudice. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Greater Fairview Missionary Baptist Church, Payton Lacy, Baxter Evans, Harrell Neal, Kelvin Thigpen and David Edwin Levy v. Danny Ray Hollins; Hinds Chancery Court 1st District; LC Case #: G2013-332; Ruling Date: 10/30/2013; Ruling Judge: J. Thomas; Majority Opinion: Lamar, J. Disposition: Reversed and Vacated. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Community Care Center of Aberdeen v. Mary Arnetta Barrentine; Monroe Circuit Court; LC Case #: 2012-305-PM; Ruling Date: 03/13/2014; Ruling Judge: James Pounds; Majority Opinion: Dickinson, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Chandler, J., not participating.

In Re: Mississippi Commission on Judicial Performance Rules; Disposition: The Petition to Amend Rule 6.B(2) of the Rules of the Mississippi Commission on Judicial Performance is granted. The Rules of the Mississippi Commission on Judicial Performance are amended as set forth in Exhibit A. This amendment is effective immediately. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: All Justices. Order entered.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The Motion for Rehearing filed by counsel for Curtis Flowers is denied. To Grant: Dickinson, P.J., Kitchens and King, JJ.

Kenyatta Donta Cheeks v. AutoZone, Inc., AutoZone Mississippi, Inc., Autozone Stores, Inc. and AutoZone Mississippi Properties, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-10-841CIV; Ruling Date: 10/10/2012; Ruling Judge: William Gowan, Jr.; Disposition: The Motion to Clarify the Mandate filed by Appellant Kenyatta Cheeks is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Coleman, J. Order entered.

James Martin Busby v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-12-594; Ruling Date: 03/07/2013; Ruling Judge: Roger Clark; Disposition: The Petition for Writ of Certiorari filed by James Martin Busby is denied. To Deny: All Justices. Order entered.

Edmond Quintezes Mosley a/k/a Edwin Mosley a/k/a Edmound Q. Mosley a/k/a Edmound Quintezes Mosley a/k/a Edmond Mosley a/k/a Edmound Quintez Mosley v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-036(W); Ruling Date: 04/19/2013; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Edmond Quintezes Mosley is dismissed. Order entered.

Courtney Nevels v. WalMart Transportation, LLC and Claude R. Smith; Warren Circuit Court; LC Case #: 12,0082-CI; Ruling Date: 06/13/2013; Ruling Judge: M. Chaney, Jr.; Disposition: The Petition for Writ of Certiorari filed by Courtney Nevels is denied. To Deny: All Justices. Order entered.

Sherwood Dwayne Brown a/k/a Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2007-0215; Ruling Date: 05/31/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Coleman, J. Disposition: Affirmed. DeSoto County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Chandler and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and King, J. Lamar, J., not participating. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Chancery Court Judge Joe Dale Walker; LC Case #: 2013-085; Ruling Date: 12/19/2013; Ruling Judge: H. Clark, II; Disposition: The Motion to Redact is granted in part and denied in part. Order entered.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: The "Ex Parte Motion for Addendum Affidavit in Support of Petition to Vacate Conviction . . ." filed pro se by Eddie Lee Howard, Jr., is denied. To Deny: All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Justice Court Judge Bill Weisenberger; LC Case #: 2014-120/141/142/279; Ruling Date: 02/13/2015; Ruling Judge: Lee Howard; Disposition: The Petition for Interim Suspension of Justice Court Judge William "Bill" Weisenberger filed by the Mississippi Commission on Judicial Performance is granted in part and denied in part. Justice Court Judge Bill Weisenberger is hereby temporarily suspended from the performance of all duties of his office, with pay, until further order of this Court. Order entered.

Singing River Health System v. Cynthia N. Almond and Donna B. Broun, Frances Hannah, Alisha Dawn Smith, Sharyn Brooks, Johnys Bradley, Cabrina Bates, Vanessa Watkins, Bart Walker, and Linda D. Walley, Individually as Beneficiaries of and Derivatively for and on behalf of Singing River Health System Employee's Retirement Plan and Trust; Jackson Chancery Court; LC Case #: 2014-2563NH; Ruling Date: 02/17/2015; Ruling Judge: Jaye Bradley; Disposition: The Motion to Dismiss Appellant's MRAP 48B Motion for Disqualification of Trial Judge, Application for Extraordinary Relief and Motion to Stay and for Sanctions filed by Cynthia N. Almond is denied in part regarding the motion to dismiss and for sanctions and granted in part regarding the request for a stay. The MRAP 10(e) and 10(f) Motion to Supplement Record and MRAP 48A(c) Motion for Permission to file Documents Under Seal filed by Singing River Health System is denied. The Motion for Access to Documents filed Under Seal filed by Michael Tolleson is dismissed as moot. The MRAP 48B Motion for Disqualification of Trial Judge, Application for Extraordinary Relief and Motion to Stay filed by Singing River Health System is granted. This matter is remanded to the Chancery Court of Jackson County for entry of an order of recusal consistent with this order. Further, the underlying cases are stayed pending appointment of another judge by this Court. Agree: Waller, C.J., Lamar, Kitchens, Chandler and King, JJ. Disagree: Dickinson, P.J. Not Participating: Randolph, P.J., Pierce and Coleman, JJ. Order entered.