05/26/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2015-IA-00860-SCT

City of Vicksburg, Mississippi v. Herbert A. Williams; Warren Circuit Court; LC Case #: 14,0067-CI; Ruling Date: 05/13/2015; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

In Re: Mississippi Rules of Evidence; Disposition: The Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Advisory Committee on Rules is granted. Rule 103 of the Mississippi Rules of Evidence is amended as set forth in Exhibit A. The amendment will be effective July 1, 2016. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

In the Matter of Mississippi Medicaid Pharmaceutical Average Wholesale Price Litigation: Sandoz, Inc. v. State of Mississippi; Rankin Chancery Court; LC Case #: 65622; Ruling Date: 08/06/2012; Ruling Judge: Thomas Zebert; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Lamar and Coleman, JJ., would grant. Waller, C.J., and Maxwell, J., Not Participating.

Alphonzo Cortez Garth a/k/a Alphonzo Garth a/k/a Alphonzo C. Garth v. State of Mississippi; Clay Circuit Court; LC Case #: 9668; Ruling Date: 01/25/2013; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Alphonzo Cortez Garth is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Tommy Ames a/k/a Tommy Lee Ames v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0220 CRC; Ruling Date: 07/26/2013; Ruling Judge: M. Chaney, Jr.; Disposition: The Petition for Writ of Certiorari filed by Tommy Ames is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Robert Bufford a/k/a Robert K. Bufford a/k/a "Lil Rob" a/k/a "Rod" v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-330; Ruling Date: 09/17/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed by Robert Bufford is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.

Joe Johnson a/k/a Joe Junior Johnson a/k/a Joe J. Johnson a/k/a Joe Johnson, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-187CR; Ruling Date: 12/23/2013; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Joe Johnson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Glenda Faye Owens, Individually, and on behalf of Brandon Townsel v. Carl Kelley d/b/a Service Etcetera, LLC, and Willie Taylor; Tallahatchie Circuit Court 1st District; LC Case #: CV-2008-44 JMT1; Ruling Date: 11/18/2013; Ruling Judge: James McClure, III; Disposition: The Petition for Writ of Certiorari filed by Glenda Faye Owens, individually and on behalf of Brandon Townsel is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman and Beam, JJ. To Grant: Lamar and Kitchens, JJ. Not Participating: Maxwell, J. Order entered.

Austin Chaz Ramsey v. Auburn University and Kevin Yoxall; Madison Circuit Court; LC Case #: CI 2011-0233 JC; Ruling Date: 09/05/2014; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by the Appellant is denied.

Quality Diesel Service, Inc. v. Tiger Drilling Company, LLC; Rankin Circuit Court; LC Case #: 2011-22-C; Ruling Date: 10/03/2014; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by Appellee is denied. Waller, C.J., Randolph, P.J., and Maxwell, J., Not Participating.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK09-380; Ruling Date: 05/20/2011; Ruling Judge: Andrew Howorth; Disposition: The Motion to Seal Documents filed by Caleb Corrothers is denied. All Justices Agree. Order entered.

Cheryl L. High v. Todd Kuhn and Angela T. Kuhn; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-13-404; Ruling Date: 01/08/2015; Ruling Judge: Michael Ward; Disposition: The Motion for Rehearing filed by Appellees is denied.

In Re: Patricia Redman; DeSoto Circuit Court; LC Case #: CR2014-0604GCD; Ruling Date: 07/31/2015; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Petition for Writ of Mandamus is dismissed without prejudice to Redman's right to file a petition in the trial court seeking reconsideration of its previous order awarding expert fees. To Agree: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. Randolph, P.J., Objects with Separate Written Statement Joined by Maxwell and Beam, JJ.; Coleman, J., Joins in Part. Order entered.

In Re: Scott A. Johnson Mississippi Rule of Appellate Procedure 22; Harrison Circuit Court 2nd District; LC Case #: B2401-2009-00434; Ruling Date: 11/09/2015; Ruling Judge: Lisa Dodson; Disposition: The Motion for Determination Regarding Rule 22 Qualification is dismissed without prejudice to Johnson's right to seek relief in the trial court under Rule 22(d) as amended. The Motion to Strike the State's response is dismissed as moot. All Justices Agree. Order entered on 5/19/16.

In Re: Alexander D.M. Kassoff Mississippi Rule of Appellate Procedure 22; Harrison Circuit Court 2nd District; LC Case #: B2401-2009-00434; Ruling Date: 11/09/2015; Ruling Judge: Lisa Dodson; Disposition: The Motion for a Determination of Rule 22 Qualification is dismissed without prejudice to Kassoff's right to seek relief in the trial court under Rule 22(d) as amended. The Motion to Strike the State's response is dismissed as moot. All Justices Agree. Order entered on 5/19/16.

Terry Pitchford v. State of Mississippi; Grenada Circuit Court; LC Case #: 2013-116-CV-L; Ruling Date: 05/13/2015; Ruling Judge: Joseph Loper, Jr.; Disposition: Terry Pitchford's Motion to Supplement the Record and for Stay Pending Supplementation of the Record is granted. Within thirty (30) days of the entry of this order, Pitchford shall file certified copies of the transcripts. Costs shall be assessed to Grenada County. Pitchford's brief is due to be filed within forty (40) days of the filing of the supplemental record. To Grant: All Justices. Order entered on 5/23/16.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 02/10/2016; Ruling Judge: Joseph Loper, Jr.; Disposition: The Petition for Interlocutory Appeal from the Circuit Court Order Denying Post-Conviction Discovery filed by Petitioner is denied. All Justices Agree. Order entered on 5/20/16.