06/01/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P.
X  2016-CA-00192-SCT

Drake L. Lewis v. Tonia D. Lewis Pagel; Harrison Chancery Court 2nd District; LC Case #: 06-cv-00747; Ruling Date: 01/08/2016; Ruling Judge: Carter Bise; 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.

State of Mississippi v. Kevin Scott a/k/a Kevin V. Scott a/k/a Kevin Vincent Scott a/k/a Kelvin Scott a/k/a Kelvin Vincent Scott; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 01/14/2014; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Maxwell, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ., Concur.

Estate of Rose Greer, Deceased: John Oaks a/k/a John Oakes v. Linda Greer Ball; Lincoln Chancery Court; LC Case #: 2010-567; Ruling Date: 03/20/2014; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Dickinson, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Lincoln County Chancery Court is Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King and Chamberlin, JJ. Dissenting Opinion: Kitchens, J. Votes: King and Chamberlin, JJ., Join This Opinion.

Ronald Wade Betts v. Belinda Moucha Betts; Oktibbeha Chancery Court; LC Case #: 2011-0198-B; Ruling Date: 04/03/2014; Ruling Judge: Kenneth Burns; Disposition: The Petition for Writ of Certiorari filed by counsel for Ronald Wade Betts is denied. To Deny: All Justices. Order entered.

Edward Springer v. Ausbern Construction Co., Inc.; Chickasaw Circuit Court 1st District; LC Case #: H2012-044; Ruling Date: 05/08/2014; Ruling Judge: Andrew Howorth; Disposition: The Petition for Writ of Certiorari filed by Ausbern Construction Company, Inc., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ. Not Participating: Maxwell, J. Order entered.

Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes; Lee Chancery Court; LC Case #: CV2007-000694-41; Ruling Date: 09/25/2014; Ruling Judge: C. Malski; Consolidated with 2011-CT-01451-SCT In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes; Lee Chancery Court; LC Case #: 07-0694; Ruling Date: 08/31/2011; Ruling Judge: C. Malski; Majority Opinion: Waller, C.J. Disposition: The Judgment of the Court of Appeals is Reversed. The judgment of the Lee County Chancery Court is Affirmed and the case is Remanded. Appellants are taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ., Concur. Maxwell, J., not participating.

Hosan M. Azomani a/k/a Hosan Azomani a/k/a Hosan Menanya Azomani a/k/a Dr. Azomani a/k/a Hosan Azomani M.D. a/k/a Dr. Hosan M. Azomani v. State of Mississippi; Washington Circuit Court; LC Case #: 2013-0267 CR; Ruling Date: 12/23/2014; Ruling Judge: Betty Sanders; Majority Opinion: Waller, C.J. Disposition: The Judgments of the Court of Appeals and the Washington County Circuit Court are Affirmed. Count I: Conviction of Medicaid Fraud and Sentence of three (3) years in the custody of the Mississippi Department of Corrections, suspend execution, to be served as one (1) year supervised probation followed by two (2) years unsupervised probation, Affirmed. Count II: Conviction of Medicaid Fraud and Sentence of three (3) years in the custody of the Mississippi Department of Corrections, suspend execution, to be served as one (1) year supervised probation followed by two (2) years unsupervised probation, Affirmed. Sentence in Count II shall run concurrently with the sentence in Count 1. Appellant shall complete 100 hours of community service. Appellant shall pay court costs and assessments, $6,621.37 as the amount received in Count I of the indictment payable to the State of Mississippi Division of Medicaid, $8,094.39 as the amount received in Count II of the indictment payable to the State of Mississippi Division of Medicaid, and $44,147.28 as treble damages authorized by the Medicaid Fraud Control Act: Miss. Code Ann. Section 43-13-225 payable to the State of Mississippi Office of the Attorney General. Payment plan to be filed by probation and parole. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Kitchens, Maxwell, Beam and Chamberlin, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by Coleman, J. King, J., not participating. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Coleman, J., Joins This Opinion.

Thomas L. Swarek and Thomas A. Swarek v. Derr Plantation, Inc.; Issaquena Chancery Court; LC Case #: 05-0004; Ruling Date: 05/07/2015; Ruling Judge: Vicki Barnes; Disposition: The Motion for Rehearing filed by Appellants is denied.

Thomas L. Swarek and Thomas A. Swarek v. Derr Plantation, Inc.; Issaquena Chancery Court; LC Case #: 05-0004; Ruling Date: 05/07/2015; Ruling Judge: Vicki Barnes; Disposition: Mississippi Association of Realtors, Inc.'s Motion for Leave to File Amicus Curiae Brief, Motion to Withdraw Motion for Leave to file Amicus Curiae Brief, and Motion and Brief for Reconsideration of Order Denying Motion for Extension of Time to File Motion for Leave to File Amicus Curiae Brief are dismissed for mootness. Order entered.

David Dickerson v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0049CR; Ruling Date: 07/25/2012; Ruling Judge: Lamar Pickard; Disposition: The Motion to Seal Exhibit filed by David Dickerson is dismissed. To Dismiss: All Justices. Order entered.

Byron Perry a/k/a Byron Levar Perry a/k/a Byron L. Perry v. State of Mississippi; Clay Circuit Court; LC Case #: 10-9465C; Ruling Date: 07/22/2015; Ruling Judge: Lee Coleman; Majority Opinion: Chamberlin, J. Disposition: Count I: Conviction of Possession of a Weapon by a convicted felon and Sentence of Ten (10) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay court costs and a fine in the amount of $1,200. Count II: Conviction of Aggravated Assault and Sentence of Twenty (20) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run consecutively to the sentence in Count II. Said sentences shall not be reduced or suspended, nor shall Appellant be eligible for parole or probation. Clay County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

In the Matter of the Estate of Robert Ernie Johnson, Deceased: Robert A. Johnson v. Myra Linda Henderson, Executrix; DeSoto Chancery Court; LC Case #: 2015-CV-1113; Ruling Date: 01/19/2016; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Beam and Chamberlin, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

The Mississippi Bar v. Yvonne L. Hughes; Disposition: The Mississippi Bar's Formal Complaint against Yvonne L. Hughes should be, and it is, dismissed without prejudice due to insufficient service of process. Costs of these proceedings are assessed to the Mississippi Bar. Kitchens, J., for the Court. Order entered.