05/23/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2012-AN-00253-SCT

In The Matter of Inclusion Into The City of Biloxi, Mississippi: James C. Frisby v. City of Gulfport, Mississippi and Harrison County, Mississippi; Harrison Chancery Court 2nd District; LC Case #: C2402-07-712(2); Ruling Date: 12/21/2011; Ruling Judge: Hollis McGehee; Majority Opinion: Coleman, J. Disposition: Dismissed as Moot. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ., Concur. Pierce, J., not participating.

Verina Childs a/k/a Verina M. Childs a/k/a Verina Marie Childs v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0066-CR; Ruling Date: 08/05/2011; Ruling Judge: Lee Howard; Majority Opinion: Pierce, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and Coleman, JJ., Concur. King, J., Concurs in Result Only.

David McLymont v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0092; Ruling Date: 01/25/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Pierce, J. Disposition: Count I: Conviction of conspiracy and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of capital murder and sentence of life without the possibility of parole in the custody of the Mississippi Department of Corrections, Affirmed. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Randy Keith Pauley a/k/a Randy K. Pauley, Jr., a/k/a Randy Pauley a/k/a Randy Keith Pauley, Jr. v. State of Mississippi; Neshoba Circuit Court; LC Case #: 10-CR-0091-NS-C; Ruling Date: 07/14/2010; Ruling Judge: Vernon Cotten; Majority Opinion: Chandler, J. Disposition: Conviction of felony malicious mischief and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay a fine of $1,500.00 plus costs of court and restitution of $1,000.00 to the victim, with conditions. Neshoba County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ., Concur. King, J., not participating.

Bailey Brake Farms, Inc. v. George Calvin Trout and Ron Nassar; Lafayette Chancery Court; LC Case #: 02-42G; Ruling Date: 03/22/2011; Ruling Judge: Billy Bridges; Majority Opinion: Kitchens, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Affirmed. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., not participating.

In Interest of: R.J.M.B., a Minor: Cirila Baltazar Cruz v. Jackson County Department of Human Services; Jackson Youth Court; LC Case #: 16,935; Ruling Date: 06/07/2010; Ruling Judge: Billy Bridges; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and Appellee taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Pierce and Coleman, JJ., Concur. King, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and Chandler, JJ. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Dickinson, P.J., Kitchens and Chandler, JJ., Join This Opinion.

Holly Kathleen Jenkins McKnight v. Walter Calvin Jenkins; DeSoto Chancery Court; LC Case #: 03-06-0968; Ruling Date: 10/22/2008; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Chandler and King, JJ., would grant.

James L. "Buzz" Miles v. Paul Moak of Ridgeland, Inc. and Willoughby S. "Chip" Burns; Hinds Circuit Court 1st District; LC Case #: 251-10-276CIV; Ruling Date: 03/08/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by James L. "Buzz" Miles is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.

Bailey Brake Farms, Inc. v. George Calvin Trout and Ron Nassar; Lafayette Chancery Court; LC Case #: 02-42G; Ruling Date: 03/22/2011; Ruling Judge: Billy Bridges; Disposition: The motion for rehearing filed by Appellees is denied. The original opinion is withdrawn, and this opinion is substituted therefor. On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Affirmed. Dickinson, P.J., not participating.

Floyd K. Little, Estate of Roger D. Pierce and Kelly Sykes v. Mississippi Department of Transportation; George Circuit Court; LC Case #: 2006-0030(3); Ruling Date: 10/13/2009; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Floyd K. Little, Estate of Roger D. Pierce and Kelly Sykes is granted. To Grant: Dickinson and Randolph, P.JJ., Kitchens and Coleman, JJ. To Deny: Waller, C.J., Lamar, Chandler, Pierce and King, JJ. Order entered.

Marcus Wallace v. Election Commission of The Town of Edwards, Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-13-3; Ruling Date: 04/24/2013; Ruling Judge: William Gowan, Jr.; Disposition: We hold that the circuit court erred in failing to grant Wallace's petition for mandamus, and we reverse the circuit court's judgment and remand this case with instructions to the circuit court to grant Wallace's petition for mandamus. We further find that, under this Court's authority to suspend the rules, and in light of imminent ballot printing deadlines, no motion for rehearing will be allowed and this Order shall be deemed final in all respects. We direct that the mandate in this matter shall immediately issue. The Appellee is taxed with all costs of this appeal. Agree: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. Pierce, J., Objects to the Order With Separate Written Statement Joined by Waller, C.J., and Chandler, J. Order entered.