04/16/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2013-IA-01529-SCT

Greg Barnes, Sr., on Behalf of Greg Barnes, Jr., a Minor v. Jefferson Davis County School District; and Minnie Rachel Griffith; Jefferson Davis Circuit Court; LC Case #: 2011-144M; Ruling Date: 08/14/2013; Ruling Judge: Anthony Mozingo; Majority Opinion: Lamar, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Jamil Chancellor v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-932; Ruling Date: 03/15/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of Armed Robbery and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, with Ten (10) Years suspended, and the addition of Five (5) Years, to be served consecutively, per the Gun Enhancement Statute, Affirmed. Count II: Conviction of Armed Carjacking and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, with Ten (10) Years suspended, and the addition of Five (5) Years, to be served consecutively, per the Gun Enhancement Statute, Affirmed. The Sentences in Count I and Count II are to run concurrently. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Specially Concurring Opinion: Dickinson, P.J. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Join This Opinion.

Jeffery A. Stallworth v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2012-1006; Ruling Date: 08/28/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Randolph, P.J., Dissents With Separate Written Opinion Joined by Waller, C.J.; Pierce, J., Joins This Opinion in Part. Pierce, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Randolph, P.J. Dissenting Opinion: Randolph, P.J. Votes: Waller, C.J., Joins This Opinion. Pierce, J., Joins This Opinion in Part. Dissenting Opinion: Pierce, J. Votes: Waller, C.J., and Randolph, P.J., Join This Opinion.

Larry Collier a/k/a Larry Omar Collier v. State of Mississippi; Rankin Circuit Court; LC Case #: 25204; Ruling Date: 12/09/2013; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, P.J. Disposition: Count II: Conviction of Sale of Cocaine, as a Subsequent Drug Offender, and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sale of Cocaine, as a Subsequent Drug Offender, and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Sale of Cocaine, as a Subsequent Drug Offender, and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, Affirmed. As to Count IV, after Appellant has served a Term of One (1) Day in the Custody of the Mississippi Department of Corrections, the Appellant shall be released and serve a term of Five (5) Years on Post Release Supervision, with Conditions, under the direct supervision of the Mississippi Department of Corrections. Appellant shall pay court costs, fees and assessments in the amount of $2,456.50 within Ninety (90) days' release from custody. Appellant is imposed a fine in the amount of $10,000 in Count II; a fine in the amount of $10,000 in Count III; a fine in the amount of $10,000 in Count IV, with payment of said fines suspended. The Sentence imposed in Count III shall run consecutively to the Sentence imposed in Count II. The Sentence imposed in Count IV shall run consecutively to the Sentence imposed in Count III. Appellant shall receive credit for time served in pretrial detainment. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Denise J. Irle v. Patty Foster and Lavirl Foster; Prentiss Chancery Court; LC Case #: 2010-440-59-L; Ruling Date: 03/14/2012; Ruling Judge: Talmadge Littlejohn; Disposition: Rule 17(e) is suspended and the Petition for Writ of Certiorari filed by Denise J. Irle is granted. To Suspend the Rules and Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Suspend the Rules and Deny: Randolph, P.J. Order entered.

Wayne Marisco and Sandy Marisco v. Allstate Insurance Company; Pearl River Circuit Court; LC Case #: 2011-0336H; Ruling Date: 08/20/2012; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by Allstate Indemnity Company is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Wayne Marisco and Sandy Marisco v. Allstate Insurance Company; Pearl River Circuit Court; LC Case #: 2011-0336H; Ruling Date: 08/20/2012; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by Wayne Marisco and Sandy Marisco is denied. To Deny: All Justices. Order entered.

Terry H. Logan, Sr. and Beverly W. Logan v. Mississippi Department of Transportation and Mississippi Transportation Commission; Tallahatchie Circuit Court 2nd District; LC Case #: 2011-38-JMT2; Ruling Date: 09/19/2012; Ruling Judge: James McClure, III; Disposition: The Petition for Writ of Certiorari filed by Terry H. Logan, Sr. and Beverly W. Logan is granted. To Grant: All Justices. Order entered.

Terry H. Logan, Sr. and Beverly W. Logan v. Mississippi Department of Transportation and Mississippi Transportation Commission; Tallahatchie Circuit Court 2nd District; LC Case #: 2011-38-JMT2; Ruling Date: 09/19/2012; Ruling Judge: James McClure, III; Disposition: The Petition for Writ of Certiorari filed by the Mississippi Department of Transportation and the Mississippi Transportation Commission is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.

Susan Ilsley v. Timothy Ilsley; Harrison Chancery Court 1st District; LC Case #: C2401-11-2579(4); Ruling Date: 02/21/2013; Ruling Judge: Carter Bise; Disposition: The Petition for Writ of Certiorari filed by Susan Ilsley is dismissed. Susan Ilsley's Motion to Accept Petition for Certiorari out of time, Timothy Ilsley's Response to Motion to Accept Petition for Certiorari out of time, Timothy Ilsley's Motion for Additional time, and Susan Ilsley's Motion for Leave of Court to File Response to Appellee's Motion for Time and Rebuttal to Appellee's Response to Appellant's Motion to Accept Petition for Certiorari out of time are dismissed as moot. Order entered.

Jairus Collins a/k/a Jairus J. Collins v. State of Mississippi; Forrest Circuit Court; LC Case #: 12-514-CR; Ruling Date: 03/27/2013; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Jairus Collins 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.

Antonio Daniel Wallace a/k/a Antonio Wallace a/k/a Antonio D. Wallace v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0392 (C); Ruling Date: 06/06/2013; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by Antonio Daniel Wallace is denied. To Deny: All Justices. Order entered.

DeSoto County, Mississippi v. T.D. and Aaron Dennis; DeSoto Circuit Court; LC Case #: CV2012-284CD; Ruling Date: 11/06/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Lamar, Pierce and Coleman, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., Kitchens and King, JJ. Dissenting Opinion: Chandler, J. Votes: Randolph, P.J., Kitchens and King, JJ., Join 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 Expand the Scope of Remand to Trial Court to Correct Record filed by James Cobb Hutto, III, is granted. On remand, the trial court shall conduct further proceedings consistent with this Order. Order entered.

Robert Germany v. Ginger Murphree Germany; Madison Circuit Court; LC Case #: CI2011-0068JE; Ruling Date: 11/13/2014; Ruling Judge: John Emfinger; Disposition: The Petition for Interlocutory Appeal by Permission filed by Robert Germany is denied. To Deny: Waller, C.J., Lamar, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ., and Chandler, J. Kitchens, J., Not Participating. Order entered.

Holly S. Morgan v. Ginger Murphree Germany; Madison Circuit Court; LC Case #: CI2011-0068JE; Ruling Date: 11/18/2014; Ruling Judge: John Emfinger; Disposition: The Petition for Interlocutory Appeal by Permission filed by Holly S. Morgan is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. Kitchens, J., Not Participating. Order entered.