04/03/2014 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  94-DP-01016-SCT

Charles Ray Crawford v. State of Mississippi; Tippah Circuit Court; LC Case #: TK93013 ; Ruling Date: 04/23/1994; Ruling Judge: R. Coleman; Disposition: The State's Motion to Reset Execution Date is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. To Grant: Randolph, P.J., Chandler and Pierce, JJ. Order entered.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: The State's Motion to Reset Execution Date is denied. Order entered.

Walter Eddie McComb v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2003-00478; Ruling Date: 07/16/2007; Ruling Judge: Stephen Simpson; Consolidated with 2013-CT-00215-SCT Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 24CI1:12-cv-00162; Ruling Date: 01/10/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb's "Notice of Appeal," which is in the nature of a petition for a writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.

Chris Harrell a/k/a Christopher Harrell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-715; Ruling Date: 08/05/2010; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Randolph, P.J., Chandler and Pierce, JJ., would grant.

Jimmy Ray Chism, Jr. v. Abby Gale Morris Chism Bright; Union Chancery Court; LC Case #: 2006-0549-73-MM; Ruling Date: 09/08/2011; Ruling Judge: C. Malski; Disposition: Petition for writ of certiorari filed by counsel for Jimmy Ray Chism, Jr., is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Chandler, J. Order entered.

Brett Anthony Shaw a/k/a Bret Shaw a/k/a Brett Shaw a/k/a Brett A. Shaw v. State of Mississippi; Rankin Circuit Court; LC Case #: 22,665; Ruling Date: 07/27/2011; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by Brett Anthony Shaw is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Jonathan Whitehead v. The Estate of John J. Whitehead, Jr., Deceased: By Larry John Whitehead and Michael E. Whitehead, Co-Administrators, C.T.A.; Jackson Chancery Court; LC Case #: 2010-0093-JB; Ruling Date: 01/25/2012; Ruling Judge: Jaye Bradley; Disposition: Petition for writ of certiorari filed by Jonathan Whitehead is denied. To Deny: All Justices. Order entered.

Lonnie Smith v. Tippah Electric Power Association and Electric Power Associations of Mississippi Workers' Compensation Group, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 1003908-K-5532; Ruling Date: 03/05/2012; Ruling Judge: Liles Williams; Disposition: Motion to Withdraw as Counsel filed by Chancellor Robert Q. Whitwell is granted and Anthony L. Farese and John S. Farese are substituted as counsel for appellant. Order entered.

Lonnie Smith v. Tippah Electric Power Association and Electric Power Associations of Mississippi Workers' Compensation Group, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 1003908-K-5532; Ruling Date: 03/05/2012; Ruling Judge: Liles Williams; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., and Pierce, J. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., and Pierce, J., Join This Opinion.

Johnnie Brown v. Illinois Tool Works, Inc., ITW/Duo-Fast and Zurich American Insurance Company; Bolivar Circuit Court 2nd District; LC Case #: 2010-0015; Ruling Date: 04/16/2012; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by counsel for Johnnie Brown is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.

Marion Dyse v. BKS, Inc. d/b/a Keith's Superstores; Lamar Circuit Court; LC Case #: 2010-60-P; Ruling Date: 06/06/2012; Ruling Judge: Anthony Mozingo; Disposition: Petition for writ of certiorari filed by BKS, Inc., d/b/a Keith's Superstores is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Chandler, J. Order entered.

In the Matter of the Estate of Carl Black, Deceased: Ida M. Black, Julia Rosemary Black Burchfield, Kathy Ann Black May, Ivy Darlene Black Waltman, Martha Mildred Black Pruett, Betty Carol Black, Edith Louise Black Coogan, Willard Lee Black, John Wilson Black, Karl Lamar Black and Karol Addison Black v. Jerry Michael Clark, the Administrator of the Estate of Carl Black, Deceased, Jerry M. Clark, Individually, and Shane M. Clark; Winston Chancery Court; LC Case #: 2011-0107; Ruling Date: 05/21/2012; Ruling Judge: Edward Fenwick; Disposition: Petition for writ of certiorari filed by Ida M. Black, et al., is denied. To Deny: All Justices. Order entered.

Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 24CI1:12-cv-00162; Ruling Date: 01/10/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Consolidated with 2007-CT-01376-SCT Walter Eddie McComb v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2003-00478; Ruling Date: 07/16/2007; Ruling Judge: Stephen Simpson; Disposition: Walter McComb a/k/a Walter Eddie McComb a/k/a Johnny a/k/a Walter E. McComb's "Notice of Appeal," which is in the nature of a petition for a writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 03/03/2005; Ruling Judge: James Backstrom; Disposition: Thong Le's Motion to Invoke Discovery is dismissed. To Dismiss: All Justices. Order entered.

The Mississippi Bar v. Scott David Beal; Majority Opinion: Kitchens, J. Disposition: Scott David Beal shall be suspended from the practice of law in the State of Mississippi for a period of two (2) years; said suspension shall begin to run upon payment of enrollment fees. Scott David Beal taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Charles Ray Crawford v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK93-256; Ruling Date: 03/12/1998; Ruling Judge: R. Coleman; Disposition: The State's Motion to Disqualify the Office of Capital Post-Conviction Counsel in this Case Because of a Conflict of Interest is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. Randolph, P.J., Objects to the Order with Separate Written Statement joined by Chandler and Pierce, JJ. Order entered.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR 99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief filed by Michelle Byrom is granted. The conviction of the petitioner, Michelle Byrom, for capital murder is hereby reversed, and the case at issue here and in the direct appeal styled Michelle Byrom v. State of Mississippi and having Docket Number 2001-DP-529-SCT is remanded to the Circuit Court of Tishomingo County for a new trial. Upon remand, the Circuit Court of Tishomingo County shall reassign the case to a different trial judge. Coleman, J., for the Court. Order entered.