06/09/2016 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
XX  2014-KA-01454-SCT

Joshua Hurst a/k/a Joshuwa Hurst v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-0-633, 13-0-802; Ruling Date: 09/17/2014; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: King, J. Disposition: Count I: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Aggravated Assault and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Aggravated Assault and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of Felon in Possession of a Firearm and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I, II, III and IV are to run concurrently with each other. Sentence in Count V is to run consecutively to the sentences in Counts I, II, III and IV, with conditions. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by Kitchens and Coleman, JJ. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Kitchens and Coleman, JJ., Join This Opinion.

Tomeka Handy, Individually, as Administratrix for The Estate of Willie Handy, and on Behalf of the Wrongful Death Beneficiaries for Willie Handy v. Madison County Nursing Home; Madison Circuit Court; LC Case #: CI2012-0310-JE; Ruling Date: 06/26/2014; Ruling Judge: John Emfinger; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ., Concur.

David McKean, Francesco Medina, Donald Arrington and Wayne Robertson v. Yates Engineering Corporation, Anderson Regional Medical Center, and Foil Wyatt Architects and Planners, PLLC; Lauderdale Circuit Court; LC Case #: 10-CV-133-(W); Ruling Date: 10/21/2013; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for the petitioners is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman and Beam, JJ. To Deny: Dickinson, P.J., and Lamar, J. Not Participating: Maxwell, J. Order entered.

Patrick Francis Heiter v. Lindalyn Heiter, by and through the Guardian of her Estate, Haidee O. Sheffield, Esq.; Jackson Chancery Court; LC Case #: 2000-0109-JB; Ruling Date: 05/12/2014; Ruling Judge: Jaye Bradley; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Henry J. Parker, Jr. a/k/a Henry Jackson Parker, Jr. a/k/a Henry Parker, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-00272; Ruling Date: 02/12/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Henry J. Parker, Jr., 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.

Mississippi Commission on Judicial Performance v. Judge David Shoemake; LC Case #: 2013-083; Ruling Date: 06/25/2015; Ruling Judge: Lee Howard; Disposition: The Motion for Rehearing filed by the Mississippi Commission on Judicial Performance is denied. Kitchens and King, JJ., would grant. Beam, J., not participating.

Mississippi Commission on Judicial Performance v. Latisha Nicole Clinkscales; LC Case #: 2013-222/228; Ruling Date: 08/21/2015; Ruling Judge: H. Clark, II; Disposition: The Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance and Latisha Nicole Clinkscales is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Latisha Nicole Clinkscales; LC Case #: 2013-222/228; Ruling Date: 08/21/2015; Ruling Judge: H. Clark, II; Majority Opinion: Waller, C.J. Disposition: City of Columbus Municipal Court Judge Latisha Nicole Clinkscales shall be publicly reprimanded in open court by the presiding judge of the Lowndes County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Clinkscales in attendance. Judge Clinkscales is assessed costs in the amount of $563.18. Latisha Nicole Clinkscales taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Mississippi State Representative House Speaker, Philip A. Gunn v. Representative J. P. Hughes, Jr.; Hinds Circuit Court 1st District; LC Case #: 16-198; Ruling Date: 03/23/2016; Ruling Judge: Winston Kidd; Disposition: The Motion to Lift Stay and to Remand to State Court for Further Proceedings or, Alternatively, Motion to Add to the Record on Appeal filed by J.P. Hughes, Jr., is dismissed in part and denied in part. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Corrected En Banc Order entered on 6/03/16.