06/11/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2013-KA-01585-SCT

Andy Nicholas Brown a/k/a Andy Brown v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2012-92; Ruling Date: 08/15/2013; Ruling Judge: Robert Elliott; Majority Opinion: Pierce, J. Disposition: Conviction of Murder and Sentence of Life in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall be given credit for all days spent in custody awaiting trial. Calhoun County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result With Separate Written Opinion Joined by Kitchens and Chandler, JJ.; Lamar and Coleman, JJ. Join In Part. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Lamar and Coleman, JJ., Join This Opinion in Part.

Calhoun Health Services v. Martha Glaspie; Calhoun Circuit Court; LC Case #: CV2012-000001-H; Ruling Date: 04/30/2014; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, P.J. Disposition: Vacated and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, the April 28, 2015, order adopting Rule 5.1 is vacated, and Rule 5.1 is suspended until further order from this Court. Rule 5.1 shall also be struck from the rules published on the Court's website and omitted from the next edition of the Mississippi Rules of Court. All Justices Agree. Lamar, not participating. Order entered.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Consolidated with 2013-UR-00477-SCT Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; ; Disposition: The Motion for Rehearing filed by Mississippi Power Company is denied. The Motion for Rehearing filed by Mississippi Public Service Commission is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. See opinions of this Court handed down this date.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Consolidated with 2013-UR-00477-SCT Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; ; Majority Opinion: Randolph, P.J. Disposition: The Motion for Rehearing filed by Mississippi Power Company is denied. The Motion for Rehearing filed by Mississippi Public Service Commission is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Lamar, Kitchens, Pierce and King, JJ., Concur. Pierce, J., Specially Concurs With Separate Written Opinion Joined by Randolph, P.J., Lamar, Kitchens and King, JJ. Dickinson, P.J., Dissents With Separate Written Opinion joined by Waller, C.J., Chandler and Coleman, JJ. Specially Concurring Opinion: Pierce, J. Votes: Randolph, P.J., Lamar, Kitchens and King, JJ., Join This Opinion. Dissenting Opinion: Dickinson, P.J. Votes: Waller, C.J., Chandler and Coleman, JJ., Join This Opinion.

Katerina Galanis and Christina Galanis v. CMA Management Company Formerly d/b/a Ambling Management Company, Ambling Management Company, LLC, Formerly d/b/a AMC Acquisitions, LLC, Ambling Management Companies, Inc. and Alta MSU, LLC; Oktibbeha Circuit Court; LC Case #: 2009-0132-CV; Ruling Date: 09/28/2012; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by counsel for petitioners is granted. To Grant: Dickinson, P.J., Kitchens, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Chandler and Coleman, JJ. Not Participating: Lamar, J. Order entered.

Willie Lee Madden Jr. a/k/a Willie L. Madden Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-00722; Ruling Date: 08/03/2012; Ruling Judge: John Gargiulo; Disposition: The Petition for Writ of Certiorari filed by Willie Madden was granted by order of this Court on December 10, 2014. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. To Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens, J., Objects with Separate Written Statement Joined by King, J. Dickinson, P.J., Objects to Separate Written Statement by Kitchens, J., Joined by Waller, C.J. King, J., Objects with Separate Written Statement. Coleman, J., for the Court. Order entered.

Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; Consolidated with 2012-UR-01108-SCT Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; ; Disposition: The Motion for Rehearing filed by Mississippi Power Company is denied. The Motion for Rehearing filed by Mississippi Public Service Commission is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. See opinions of this Court handed down this date.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0153; Ruling Date: 03/26/2013; Ruling Judge: Robert Helfrich; Majority Opinion: Chandler, J. Disposition: Affirmed. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and King, J. Lamar, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J. and King, J., Join This Opinion.

Calhoun Health Services v. Martha Glaspie; Calhoun Circuit Court; LC Case #: CV2012-000001-H; Ruling Date: 04/30/2014; Ruling Judge: Andrew Howorth; Disposition: Appellant's Motion to Strike Portions of Appellee's Brief is dismissed for mootness. Order entered.

Jason Davis v. State of Mississippi; Warren Circuit Court; Ruling Judge: M. Chaney, Jr.; Disposition: Davis's Application for Leave to Proceed in the Trial Court is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Barbara Allen, Individually and as Executrix of the Estate of David Allen v. Jonathan P. Allen and Scott C. Allen; Harrison Chancery Court 1st District; LC Case #: 13-1636(4); Ruling Date: 02/05/2015; Ruling Judge: Carter Bise; Disposition: The Petition for Expedited Permission to Appeal in Accord with Rule 5(a) and Rule 5(c) filed by Petitioner is granted. The Order Appointing Temporary Administrator, dated February 5, 2015, is vacated. Consistent with the Last Will and Testament of David Allen, Barbara Allen is reinstated as the executrix of the Estate of David Allen. This matter is remanded to the Chancery Court of the First Judicial District of Harrison County, Mississippi, for proceedings consistent with this order. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondents are taxed with all costs of this appeal. Lamar, J., not participating. Pierce, J., for the Court. Order entered.

Mississippi Department of Corrections v. The Roderick & Solange MacArthur Justice Center; Hinds Chancery Court 1st District; LC Case #: G2014-01885; Ruling Date: 03/06/2015; Ruling Judge: Denise Owens; Disposition: The Emergency Motion to Stay Pending Appeal and Request for Expedited Consideration filed by the Mississippi Department of Corrections is granted. Enforcement of the Hinds County Chancery Court's March 6, 2015, order and opinion in Hinds County Chancery Court Case No. G2014-1885 0/3 is stayed pending the issuance of this Court's mandate in this appeal. The request of the Justice Center for a stay of executions of inmates sentenced to death pending the resolution of this case on appeal is denied. This appeal is expedited on the schedule set in this order. To Agree: Waller, C.J., Randolph, P.J., Chandler, Pierce and Coleman, JJ. Pierce, J., Agrees to Order with Separate Written Statement. Kitchens, J., Objects with Separate Written Statement Joined by Dickinson, P.J.; King, J., Joins In Part. King, J., Objects with Separate Written Statement Joined by Dickinson, P.J.; Kitchens, J., Joins In Part. Lamar, J., not participating. Order entered.

Mississippi Department of Corrections v. The Roderick & Solange MacArthur Justice Center; Hinds Chancery Court 1st District; LC Case #: G2014-01885; Ruling Date: 03/06/2015; Ruling Judge: Denise Owens; Disposition: The Emergency Motion to Stay Pending Appeal and Request for Expedited Consideration filed by the Mississippi Department of Corrections is granted. Enforcement of the Hinds County Chancery Court's March 6, 2015, order and opinion in Hinds County Chancery Court Case No. G2014-1885 0/3 is stayed pending the issuance of this Court's mandate in this appeal. The request of the Justice Center for a stay of executions of inmates sentenced to death pending the resolution of this case on appeal is denied. This appeal is expedited on the schedule set in this order. To Agree: Waller, C.J., Randolph, P.J., Chandler, Pierce and Coleman, JJ. Pierce, J., Agrees to Order with Separate Written Statement. Kitchens, J., Objects with Separate Written Statement Joined by Dickinson, P.J.; King, J., Joins In Part. King, J., Objects with Separate Written Statement Joined by Dickinson, P.J.; Kitchens, J., Joins In Part. Lamar, J., not participating. Order entered.