05/18/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2016-KA-00289-SCT

Victoria Swanagan a/k/a Victoria P. Swanagan v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 15-15; Ruling Date: 08/03/2015; Ruling Judge: William Gowan, Jr.; Majority Opinion: Randolph, P.J. Disposition: Conviction of Depraved-Heart Murder and Sentence of Twenty-Five (25) years in the custody of the Mississippi Department of Corrections, with Ten (10) years suspended and Fifteen (15) years to serve, followed by Five (5) years of supervised probation, Affirmed. Appellant shall be given credit for time served. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

In Re: Mississippi Rules of Evidence; Disposition: Inasmuch as the Mississippi Rules of Criminal Procedure (effective July 1, 2017) have the effect of altering, duplicating, supplementing and/or replacing certain of the existing provisions of Mississippi's Rules of Evidence, the Court finds and adjudicates that said Rules of Evidence should be, and they hereby are, amended in accordance with Exhibit A, which by reference is incorporated in and made a part of this order. Such amendments shall take effect on July 1, 2017. All Justices Agree. Order entered 5/15/17.

In Re: Justice Court Rules; Disposition: Inasmuch as the Mississippi Rules of Criminal Procedure (effective July 1, 2017) have the effect of altering, duplicating, supplementing and/or replacing certain of the existing provisions of Mississippi's Uniform Rules of Procedure for Justice Court, the Court finds and adjudicates that said Uniform Rules of Procedure for Justice Court should be, and they hereby are, amended in accordance with Exhibit A, which by reference is incorporated in and made a part of this order. Such amendments shall take effect on July 1, 2017. All Justices Agree. Order entered 5/15/17.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: Inasmuch as the Mississippi Rules of Criminal Procedure (effective July 1, 2017) have the effect of altering, duplicating, supplementing and/or replacing certain of the existing provisions of Mississippi's Uniform Rules of Circuit and County Court Practice, the Court finds and adjudicates that said Uniform Rules of Circuit and County Court Practice should be, and they hereby are, amended in accordance with Exhibit A, which by reference is incorporated in and made a part of this order. Such amendments shall take effect on July 1, 2017. All Justices Agree. Order entered 5/15/17.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Inasmuch as the Mississippi Rules of Criminal Procedure (effective July 1, 2017) have the effect of altering, duplicating, supplementing and/or replacing certain of the existing provisions of Mississippi's Rules of Appellate Procedure, the Court finds and adjudicates that said Rules of Appellate Procedure should be, and they hereby are, amended in accordance with Exhibit A, which by reference is incorporated in and made a part of this order. Such amendments shall take effect on July 1, 2017. All Justices Agree. Order entered 5/15/17.

In Re: Mississippi Rules of Criminal Procedure; Disposition: The Court finds that, in the interest of promoting the fair and efficient administration of justice, the Mississippi Rules of Criminal Procedure should be, and they hereby are, amended in accordance with Exhibit A, which by reference is incorporated in and made a part of this order. Such amendments shall take effect on July 1, 2017. All Justices Agree. Order entered 5/15/17.

Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-10-458CIV; Ruling Date: 11/28/2012; Ruling Judge: Winston Kidd; Disposition: The Petition for Writ of Certiorari filed by Mississippi Valley Silica Company, Inc., is granted. To Grant: Waller, C.J., Dickinson, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.

Monica Ashbrook Darby and Andrew Ross Darby v. Harold Combs, Karron Combs and Crystal Johanna Combs; DeSoto Chancery Court; LC Case #: 13-CV-1538; Ruling Date: 04/27/2015; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The Petition for Review upon Writ of Certiorari filed by Monica Ashbrook Darby is granted. To Grant: Randolph, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson, P.J., Maxwell, Beam and Chamberlin, JJ. Order entered.

Glen Payton a/k/a Glenn Payton, Jr. a/k/a Glen Payton, Jr. a/k/a Glenn Payton v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2015-0086; Ruling Date: 06/01/2015; Ruling Judge: Richard Smith; Disposition: The Petition for Writ of Certiorari filed by Glen Payton, pro se, is denied. To Deny: All Justices. Order entered.

Jesse Frank Mouton v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2015-0121; Ruling Date: 06/01/2015; Ruling Judge: Lisa Dodson; Majority Opinion: Maxwell, J. Disposition: Conviction of Sexual Battery - Count I and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall register and re-register as a sex offender. Appellant shall receive 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., Coleman, Beam and Chamberlin, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. King, J., Dissents with Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Dissenting Opinion: King, J. Votes: Kitchens, J., Joins This Opinion.

American Optical Corporation v. Estate of Robert Lee Rankin, Sr., Jean Marie Howard Rankin, Jacquelyn Denise Rankin Anderson, and Robert Lee Rankin, Jr., Individually and on behalf of all the heirs at law of Robert Lee Rankin, Sr., Deceased; Jefferson Circuit Court; LC Case #: 2013-40; Ruling Date: 02/24/2015; Ruling Judge: Lamar Pickard; Majority Opinion: Coleman, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Maxwell and Beam, JJ., Concur. Chamberlin, J., Concurs in Part and in Result without Separate Written Opinion. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Laterrence Lenoir a/k/a Laterrence A. Lenoir a/k/a Laterrence Awson Lenoir a/k/a Laterrance Lenoir v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2014-208- LT; Ruling Date: 01/19/2016; Ruling Judge: Michael Taylor; Majority Opinion: Maxwell, 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 Five (5) years suspended, Twenty (20) years to serve, and Five (5) years of Post-Release Supervision, with conditions, Affirmed. Count II: Conviction of Armed Robbery and Sentence of Twenty-Five (25) years in the custody of the Mississippi Department of Corrections, with Five (5) years suspended, Twenty (20) years to serve, and Five (5) years of Post-Release Supervision, with conditions, Affirmed. Count III: Conviction of Conspiracy to Commit Armed Robbery and Sentence of Five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts II and III shall run concurrently with Sentence in Count I. Appellant shall pay a fine in the amount of $5,000, restitution in the amount of $1,995 to Dolgencorp, LLC, d/b/a Dollar General #12911 and $5 to Dollar General #1291l and $150 to Kaitlynn Calcote, and court costs in the amount of $419.50. Lincoln County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Beam and Chamberlin, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens and King, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion.