05/01/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2012-KA-01708-SCT

Bernard Taylor, Jr. a/k/a Bernard Taylor v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-420; Ruling Date: 05/10/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Chandler, J. Disposition: Conviction of aggravated assault with gun enhancement and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant is sentenced for an additional five (5) years for the gun enhancement and is given credit for time served. Sentences shall run consecutively. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Ryan Allen Abeyta a/k/a Ryan A. Abeyta a/k/a Ryan Abeyta v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-12-236; Ruling Date: 03/06/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Chandler, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall be given credit for any and all time served as to this charge. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Gregory Stalling Hopkins a/k/a Gregory S. Hopkins a/k/a Gregory Hopkins a/k/a Greg Hopkins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-11-13; Ruling Date: 01/27/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Lamar, J. Disposition: Conviction of possession of a controlled substance with intent to deliver and sentence of twelve (12) years to serve day for day, without the hope of parole or probation in the custody of the Mississippi Department of Corrections, as an habitual offender, Affirmed. Credit shall be given for any time served. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Brad Hardy a/k/a Brady Hardy v. State of Mississippi; Rankin Circuit Court; LC Case #: 23470; Ruling Date: 10/22/2012; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of culpable negligence manslaughter and sentence of eighteen (18) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of culpable negligence manslaughter and sentence of eighteen (18) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of aggravated boating under the influence of alcohol as a lesser included offense of aggravated assault and sentence of eight (8) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence imposed in Count I shall run consecutively to sentence imposed in Count II and sentence in Count II shall run consecutively to sentence imposed in Count III. The last eighteen (18) years in Count I shall be suspended and Appellant shall be released and serve five (5) years on supervised probation, with conditions. Appellant shall receive credit for time served in pretrial detainment. Appellant shall pay court costs, fees and assessments of $2,431.50, a fine of $10,000 in Count I, a fine of $10,000 in Count II, and a fine of $10,000 in Count III within two (2) years after release from custody. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Safechoice, Inc. v. The City of McComb, Mississippi; Pike County Court; LC Case #: 10-0039; Ruling Date: 12/18/2012; Ruling Judge: John Price; Majority Opinion: Randolph, P.J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Joseph Jones v. Imperial Palace of Mississippi, LLC; Harrison Circuit Court 2nd District; LC Case #: A2402-07-161; Ruling Date: 02/23/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by Imperial Palace of Mississippi, LLC, is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Pierce, JJ. To Deny: Randolph, P.J., Kitchens, Chandler, King and Coleman, JJ. Order entered.

Stacy Oliver Hester v. Lowndes County School District; Lowndes Chancery Court; LC Case #: 2010-0818; Ruling Date: 03/30/2012; Ruling Judge: Dorothy Colom; Consolidated with 2012-CT-00852-SCT Lowndes County School District v. Joseph Lynn Wright; Lowndes Chancery Court; LC Case #: 2010-0817-C; Ruling Date: 05/22/2012; Ruling Judge: Dorothy Colom; Disposition: Petition for writ of certiorari filed by counsel for Stacy Oliver Hester and Joseph Lynn Wright was granted by order of this Court on February 20, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Pierce, J., for the Court. Order entered.

Alvin Barksdale v. State of Mississippi; Marshall Circuit Court; LC Case #: CV12-186; Ruling Date: 06/01/2012; Ruling Judge: John Gregory; Disposition: Petition for writ of certiorari filed by Alvin Barksdale is denied. To Deny: All Justices. Order entered.

Gregory Stalling Hopkins a/k/a Gregory S. Hopkins a/k/a Gregory Hopkins a/k/a Greg Hopkins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-11-13; Ruling Date: 01/27/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for Writ of Mandamus filed by Appellant is dismissed as moot. Order entered.

Mississippi Commission on Judicial Performance v. Leigh Ann Darby; LC Case #: 2011-223; Ruling Date: 08/15/2013; Ruling Judge: H. Clark, II; Disposition: On the Court's own motion, after due consideration, the Court finds that supplemental briefing is required to address the following issue: Under what authority may this Court prohibit a removed judge from holding judicial office in the future? The parties shall file supplemental briefs addressing this issue no later than Friday, May 23, 2014, at 5:00 p.m. Each supplemental brief is not to exceed 25 pages in length. Lamar, J., not participating. Order entered.

The Service Companies, Inc. d/b/a FSS v. The Estate of Mautrice Vaughn, individually, and Linda Vaughn, on behalf of all wrongful death beneficiaries of Mautrice Vaughn, deceased; Tunica Circuit Court; LC Case #: 2011-0085; Ruling Date: 01/08/2014; Ruling Judge: Johnnie Walls, Jr.; Disposition: The Service Companies, Inc. d/b/a FSS's Petition for Interlocutory Appeal is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.