04/28/2016 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Mississippi Rule of Appellate Procedure 22(d) is amended, as set forth in Exhibit "A." The amendment is effective upon the entry of this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of Mississippi Rules of Court. All Justices Agree. Order entered.

Preston Overton v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0210-J; Ruling Date: 03/15/2013; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Lamar, Kitchens, King, Coleman and Beam, JJ., Concur. Randolph, P.J., Dissents with Separate Written Opinion Joined by Waller, C.J. Maxwell, J., not participating. Dissenting Opinion: Randolph, P.J. Votes: Waller, C.J., Joins This Opinion.

Cindy Petty v. Baptist Memorial Health Care Corporation, Baptist Memorial Hospital-Golden Triangle, Inc., Mary Ellen Sumrall, Individually, Vanessa Lafayette, Individually, Alicia Grant, Individually, Paul Cade, Individually, and Alexandria Banker, Individually; Lowndes Circuit Court; LC Case #: 2010-0085-CV1 H; Ruling Date: 12/05/2013; Ruling Judge: Lee Howard; Disposition: Petition for Writ of Certiorari filed by the Appellees was granted by order of this Court on February 22, 2016. Upon further review, the Court finds that there is no need for additional consideration, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Maxwell, J., Not Participating. King, J., for the Court. Order entered.

Stewart Chase Vaughn a/k/a Stewart C. Vaughn a/k/a Stewart Vaughn a/k/a Stuart Chase Vaughn v. State of Mississippi; Rankin Circuit Court; LC Case #: 24975; Ruling Date: 11/04/2013; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by Stewart Chase Vaughn is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.

Demetrious Lawan Averett a/k/a Demetrious Lawon Averett a/k/a Eastwood Averett a/k/a Hemp Eastwood a/k/a Demetrious Averett a/k/a Demetrious Auerett v. State of Mississippi; Marion Circuit Court; LC Case #: K13-0027H; Ruling Date: 01/24/2014; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by Demetrious Averett is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.

Mississippi Transportation Commission v. United Assets, LLC; Forrest Special Court of Eminent Domain; LC Case #: CO12-0806; Ruling Date: 05/30/2014; Ruling Judge: Michael McPhail; Disposition: The Motion for Rehearing filed by Appellants is denied.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: The Motion for Reconsideration filed by the State of Mississippi is denied. Randolph, P.J., would grant. Beam, J., Not Participating. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: The order entered in this case on September 18, 2015, is vacated, and the following order is issued in its place. Corrothers's Petition for Permission to Appeal [the] Circuit Court's Order Requiring Disclosure of Youth Court and DHS Records to the State is granted. We grant interlocutory appeal of the Lafayette County Circuit Court's order June 3, 2015, permitting the State reciprocal discovery under Rule 22 of Mississippi Rules of Appellate Procedure. On interlocutory appeal, the Circuit Court of Lafayette County's June 3, 2015 order, to the extent that it provides reciprocal discovery to the State of videotapes from local news stations, Corrothers's and Corrothers's siblings' youth court records, and Corrothers's and Corrothers's family's Department of Human Services records, is vacated and rendered. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The State is taxed with all costs of this appeal. Randolph, P.J., does not join and would affirm the trial court. Beam, J., Not Participating. Order entered.