05/02/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
XX  2012-KA-00321-SCT

Melvin Grayer v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-638; Ruling Date: 01/26/2012; Ruling Judge: John Gargiulo; Majority Opinion: Lamar, J. Disposition: Conviction of burglary of a business and sentence of seven (7) years in the custody of the Mississippi Department of Corrections, Affirmed. Habitual-offender enhancement vacated, and the case is remanded for a new sentencing order. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ., Concur. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., and Coleman, J. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Randolph, P.J., and Coleman, J., Join This Opinion.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202 ; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. In accordance with Mississippi Code Annotated section 99-39-29, such execution date is set for Tuesday, May 7, 2013. This order shall serve as the warrant for execution of Willie Jerome Manning, whose execution by the State of Mississippi shall occur on said date and shall be inflicted at 6:00 p.m., or as soon as possible thereafter within the next twenty-four (24) hours, pursuant to Mississippi Code Annotated section 99-19-55(1). To Grant: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.

Jerry M. Stennett, Jr. v. Luann Roberson Dawsey; Harrison Chancery Court 1st District; LC Case #: 03-00358-4; Ruling Date: 09/03/2010; Ruling Judge: Carter Bise; Disposition: Motion to Dismiss Appeal as Moot filed by Jerry M. Stennett, Jr., is granted. Dickinson, P.J., for the Court. Order entered.

Carl Patterson, Jr. v. T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc.; Marion Circuit Court; LC Case #: 2009-0043P; Ruling Date: 10/11/2010; Ruling Judge: R. Prichard, III; Majority Opinion: King, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Marion County Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Kitchens, J.

Mona Cates v. Elizabeth Swain; Tate Chancery Court; LC Case #: 06-6-243(PL); Ruling Date: 10/25/2010; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Tate County Chancery Court is Affirmed in Part, Vacated in Part, and the case is Remanded for entry of judgment in the amount of $41,495. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Lamar, J., not participating. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J.

Liberty Mutual Insurance Company v. Richard Shoemake; Newton Circuit Court; LC Case #: 09-CV-101-NWG; Ruling Date: 12/28/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Reversed, and the judgment of the Circuit Court of Newton County is Reinstated and Affirmed. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Pierce, King and Coleman, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Dickinson, P.J., not participating.

Delta Regional Medical Center v. James Taylor and Eva Taylor; Washington Circuit Court; LC Case #: CI2008-0042-CI; Ruling Date: 01/26/2011; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed by Delta Regional Medical Center is denied. To Deny: All Justices. Order entered.

Jones County School District and Jones County School Board v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Mississippi State Oil & Gas Board; Bean Resources, Inc.; Denbury Resources, Inc.; and Venture Oil & Gas, Inc. AND Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. Jones County School District; Jones County School Board; Bean Resources, Inc.; Denbury Resources, Inc.; Venture Oil & Gas, Inc.; and The Secretary of State of the State of Mississippi AND The Secretary of State of the State of Mississippi v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission AND Bean Resources, Inc.; Denbury Resources, Inc.; and Venture Oil & Gas, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission and Mississippi State Oil & Gas Board; Jones Chancery Court 2nd District; LC Case #: 2008-0533 & 2008-0767; Ruling Date: 05/02/2011; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Appellants is denied. Waller, C.J., not participating.

Charlie Blount a/k/a Charlie Blunt a/k/a Charlie Blout v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-806; Ruling Date: 04/15/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Charlie Blount is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Willie Jerome Manning a/k/a Fly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0144-CV; Ruling Date: 06/25/1998; Ruling Judge: Lee Howard; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief Including DNA Testing and Other Forensic Analysis filed by Willie Jerome Manning is denied. To Deny as to DNA and Other Forensic Testing: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Grant as to DNA and Other Forensic Testing: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny as to the Claims of Recantation of a Witness and Ineffective Assistance of Counsel: All Justices. To Deny as to the Batson Claim: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. To Grant as to the Batson Claim: Dickinson, P.J., Kitchens, Chandler and King, JJ. Kitchens, Justice, Objects to the Order With Separate Written Statement Joined by Dickinson, P.J., Chandler and King, JJ. King, Justice, Objects to the Order With Separate Written Statement Joined by Dickinson, P.J., Kitchens and Chandler, JJ. Randolph, P.J., for the Court. Order entered.