05/25/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P.
X  2015-EC-01562-SCT

Chaka D. Smith v. Charles E. Webster; Quitman Circuit Court; LC Case #: 2014-0068; Ruling Date: 09/16/2015; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Candice Rae Shurden Ballard v. Joe Marshall Ballard and Teresa Ann Ballard; DeSoto Chancery Court; LC Case #: 15-CV-0003(PL); Ruling Date: 02/01/2016; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Maxwell and Beam, JJ., Concur. Randolph, P.J., and Chamberlin, J., Concur in Part and in Result without Separate Written Opinion.

Andy Barlow, D.C. v. Mississippi State Board of Chiropractic Examiners; Hinds Circuit Court 1st District; LC Case #: 251-14-281-CIV; Ruling Date: 03/20/2015; Ruling Judge: Tomie Green; Majority Opinion: King, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Dickinson, P.J., Specially Concurs with Separate Written Opinion Joined by Coleman, J. Specially Concurring Opinion: Dickinson, P.J. Votes: Coleman, J., Joins This Opinion.

Leslie B. Shumake, Jr. v. Katarina Sitton Shumake; DeSoto Chancery Court; LC Case #: 06-0388; Ruling Date: 10/15/2015; Ruling Judge: Robert Lancaster; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part, Reversed in Part and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman and Beam, JJ., Concur. Maxwell and Chamberlin, JJ., not participating.

Thomas Pustay a/k/a Thomas Stephen Pustay a/k/a Thomas Stephan Pustay v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2006-00059; Ruling Date: 05/11/2007; Ruling Judge: Stephen Simpson; Disposition: The Petition for Writ of Certiorari filed by Thomas Pustay is denied. To Deny: Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J., Kitchens and King, JJ. Order entered.

Jason Lee Keller v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-08-201; Ruling Date: 10/08/2009; Ruling Judge: Lisa Dodson; Disposition: The Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by Jason Lee Keller is granted as to Issue (I)(C), and is denied as to the remainder of the issues raised. Waller, C.J., Dickinson, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ., would grant in part and deny in part. Kitchens, J., Objects to the order in part with separate written statement joined by King, J. Randolph, P.J., would deny. Coleman, J., for the Court. Order entered.

Jason Lee Keller v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-08-201; Ruling Date: 10/08/2009; Ruling Judge: Lisa Dodson; Disposition: The Motion to Stay Post-Conviction Proceedings filed by Jason Lee Keller is denied. Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ., would deny. Kitchens, J., objects to the order with separate written statement joined by King, J. Coleman, J., for the Court. Order entered.

Michael R. Smith, Individually and as Trustee of the Maggie Legett Smith Irrevocable Trust v. Maggie Mae, L.P.; David B. Smith, Conservator of Maggie Mae Smith; David B. Smith, Executor of the Estate of Maggie L. Smith, Deceased; and David B. Smith, Individually; Rankin Chancery Court; LC Case #: 50,891/53,213; Ruling Date: 06/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petition of Appellee David B. Smith, Individually, for a Writ of Certiorari is denied. To Deny: All Justices. Order entered.

University of Mississippi Medical Center v. Kim Hampton, Individually and on behalf of Kimrick Smith, Deceased, and the Wrongful Death Beneficiaries of Kimrick Smith; Hinds Circuit Court 1st District; LC Case #: 25CI1:12-cv-00423-CIV; Ruling Date: 07/15/2014; Ruling Judge: Winston Kidd; Disposition: Kim Hampton's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered.

Zachary Cozart a/k/a Zachery Cozart a/k/a Zack Cozar v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-004GCD2; Ruling Date: 11/25/2014; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Beam, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Maxwell, JJ., Concur. Chamberlin, J., not participating.

C. D. Pickle, Jr. a/k/a Clanton D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2011-0095-CICI; Ruling Date: 01/13/2015; Ruling Judge: W. Hines; Consolidated with 2015-CT-00824-SCT Clanton D. Pickle, Jr. a/k/a C.D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2015-0026; Ruling Date: 05/11/2015; Ruling Judge: W. Hines; Disposition: C.D. Pickle's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

Clanton D. Pickle, Jr. a/k/a C.D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2015-0026; Ruling Date: 05/11/2015; Ruling Judge: W. Hines; Consolidated with 2015-CT-00298-SCT C. D. Pickle, Jr. a/k/a Clanton D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2011-0095-CICI; Ruling Date: 01/13/2015; Ruling Judge: W. Hines; Disposition: C.D. Pickle's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

Janice Michelle Wilcher a/k/a Janice Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 14-CR-084-SC-G; Ruling Date: 06/12/2015; Ruling Judge: Marcus Gordon; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.

Janice Michelle Wilcher a/k/a Janice Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 14-CR-084-SC-G; Ruling Date: 06/12/2015; Ruling Judge: Marcus Gordon; Disposition: Appellant's pro se motion to dismiss her appeal is dismissed as moot. Order entered.

Rita Breece McIntosh v. Mississippi Real Estate Commission; Rankin Circuit Court; LC Case #: 2014-00279; Ruling Date: 06/11/2015; Ruling Judge: John Emfinger; Majority Opinion: Beam, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Kitchens, Maxwell and Chamberlin, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Waller, C.J., and Coleman, J. Dissenting Opinion: King, J. Votes: Waller, C.J., and Coleman, J., Join This Opinion.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Disposition: The Successive Petition for Post-Conviction Relief filed by Thomas Loden is dismissed as moot. To Agree: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Dickinson, P.J., Agrees with order with separate written statement. Kitchens, J., Objects to the order with separate written statement joined by Waller, C.J., and King, J. Randolph, P.J., for the Court. Order entered.