06/12/2014 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: Motion for the Amendment of Comments to the Mississippi Rules of Civil Procedure filed by the Supreme Court Rules Advisory Committee is granted. The current Comments to the Mississippi Rules of Civil Procedure are repealed effective July 1, 2014. The Advisory Committee Notes to the Mississippi Rules of Civil Procedure as contained in Exhibit "A" are approved for publication with the Mississippi Rules of Civil Procedure effective July 1, 2014. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.

Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation, Marathon Oil Company, Successor to TXO Production Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 03/11/2010; Ruling Judge: William Singletary; Consolidated with 2012-CA-01070-SCT Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 05/22/2012; Ruling Judge: William Singletary; Disposition: Motion for rehearing filed by Mississippi State Oil and Gas Board is denied. Dickinson, P.J., and Chandler, J., would grant.

Roger Lee Gillett v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715-CR; Ruling Date: 11/05/2007; Ruling Judge: Robert Helfrich; Disposition: Motion to Seal Additional Exhibits filed by Appellant is denied. Order entered.

Roger Lee Gillett v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715-CR; Ruling Date: 11/05/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: Post-Conviction Collateral Relief is Granted in Part and Denied in Part. The sentences of death are Vacated, and the case is Remanded to the Circuit Court of Forrest County for a new sentencing hearing. Forrest County taxed with costs of appeal. Votes: Part I: Waller, C.J., Dickinson and Randolph, P.JJ., Chandler, Pierce and Coleman, JJ., Concur. Part II: Waller, C.J., and Coleman, J., Concur. Kitchens, J., Concurs in Part and in Result. King, J., Concurs in Part and in Result Without Separate Written Opinion. Dickinson, P.J., Specially Concurs With Part II With Separate Written Opinion Joined in Part by Kitchens, King and Coleman, JJ. Randolph, P.J., Concurs With Part I and Dissents With Part II With Separate Written Opinion Joined by Pierce and Chandler, JJ.; Waller, C.J., Joins in Part. Kitchens, J., Concurs in Part and in Result With Part II and Dissents With Part I With Separate Written Opinion Joined by King, J. Pierce, J., Concurs With Part I and Dissents With Part II With Separate Written Opinion Joined by Randolph, P.J., and Chandler, J.; Waller, C.J., Joins in Part. Specially Concurring Opinion: Dickinson, P.J. Votes: Kitchens, King and Coleman, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Votes: Chandler and Pierce, JJ., Join This Opinion. Waller, C.J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Randolph, P.J., and Chandler, J., Join This Opinion. Waller, C.J., Joins This Opinion in Part.

Terry Hye, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 08-11,329(3); Ruling Date: 03/05/2010; Ruling Judge: Dale Harkey; Disposition: On the Court's own motion, the parties are required to file, simultaneously, their supplemental briefs addressing the question stated above, which shall not exceed twenty five (25) pages, within thirty (30) days of the entry of this order. Professor Phillip Broadhead and the Criminal Appeals Clinic of the University of Mississippi is invited to file a brief as a friend of the Court addressing the question raised within the time frame set for the parties. Order entered.

Nell Cornelius v. Dr. Donald W. Benefield, Individually and as Shareholder of Benefield Eyecare, PC; Harrison Circuit Court 1st District; LC Case #: A2401-2009-00051; Ruling Date: 12/21/2011; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by Nell Cornelius is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens, Chandler and King, JJ. Order entered.

Michael Strait and Betty Strait v. Jackie McPhail and American Heritage Life Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-09-597 CIV; Ruling Date: 09/30/2011; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Jackie McPhail is granted. Petition for writ of certiorari filed by American Heritage Life Insurance Company is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ. Order entered.

Leon Hayes a/k/a Leon Hays a/k/a Leon Slander Hayes, Jason Davis and April Garner v. State of Mississippi; Lawrence Circuit Court; LC Case #: K2009-011H; Ruling Date: 01/23/2012; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by April Garner is denied. To Deny: All Justices. Order entered.

Leon Hayes a/k/a Leon Hays a/k/a Leon Slander Hayes, Jason Davis and April Garner v. State of Mississippi; Lawrence Circuit Court; LC Case #: K2009-011H; Ruling Date: 01/23/2012; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by Jason Davis is denied. To Deny: All Justices. Order entered.

James Cody Perry a/k/a James C. Perry a/k/a Cody Perry v. State of Mississippi; Lamar Circuit Court; LC Case #: 2011-146H; Ruling Date: 02/29/2012; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by James Cody Perry is denied. To Deny: All Justices. Order entered.

Andrew Conwill v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0147; Ruling Date: 05/25/2012; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by Andrew Conwill is denied. To Deny: All Justices. Order entered.

Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 05/22/2012; Ruling Judge: William Singletary; Consolidated with 2010-CA-00598-SCT Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation, Marathon Oil Company, Successor to TXO Production Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 03/11/2010; Ruling Judge: William Singletary; Disposition: Motion for rehearing filed by Mississippi State Oil and Gas Board is denied. Dickinson, P.J., and Chandler, J., would grant.

Darby Lee Carson v. Jesse Andrew Butler; Monroe Chancery Court; LC Case #: CV2009-0008-48-H; Ruling Date: 09/06/2012; Ruling Judge: John Hatcher; Disposition: Petition for writ of certiorari filed by Darby Lee Carson is denied. To Deny: All Justices. Order entered.

Glen Conley v. Christopher Epps; Sunflower Circuit Court; LC Case #: 2012-0352; Ruling Date: 11/01/2012; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by Glen Conley is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Milford Ivey a/k/a Charles Milford Ivey v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV12-0181 RT; Ruling Date: 10/29/2012; Ruling Judge: James Roberts, Jr.; Disposition: Motion for writ of certiorari filed pro se by Milford Ivey is dismissed. M.R.A.P. 17(b). Order entered.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR 99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: The State of Mississippi's Motion to Have the Court Write a Reasoned Opinion Stating the Reasons for the Reversal of This Conviction for Capital Murder and Sentence of Death is denied. Order entered.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR 99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: Petitioner's Motion to Proceed In Forma Pauperis and for Appointment of Counsel and for Funding to Litigate Petitioner's Claim in Successive Post-Conviction Petition is denied. Order entered.