06/16/2016 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99002-SCT

In Re: Mississippi Rules of Evidence; Disposition: On the Court's own motion, the title "Advisory Committee Note" must be substituted for the title "Comment" for each comment to the Mississippi Rules of Evidence. The Advisory Committee Notes represent commentary from the Advisory Committee and are neither the "Official Comments of the Court" nor "authoritative guides" for interpreting the Mississippi Rules of Evidence. This order is effective upon the date of entry. All Justices Agree. Order entered.

In Re: MEC's Administrative Procedures; Disposition: On the Court's own motion, Section 9.A.5 of the Administrative Procedures for Mississippi Electronic Courts is struck as set forth in Exhibit A. The amendment is effective upon the entry of this order. All Justices Agree. Order entered.

In Re: Appellate E-filing Administrative Procedures; Disposition: On the Court's own motion, Section 6.A.5 of the Appellate E-Filing Administrative Procedures is struck as set forth in Exhibit A. The amendment is effective upon the entry of this order. All Justices Agree. Order entered.

Preston Overton v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0210-J; Ruling Date: 03/15/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., would grant. Maxwell, J., not participating.

Jennifer Nicole Simmons Lowrey v. Ryan Simmons; Monroe Chancery Court; LC Case #: 08-0168-48-H; Ruling Date: 06/11/2014; Ruling Judge: John Hatcher; Disposition: Ryan Simmons's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.

Laqunn Gary a/k/a Lagunn Gary a/k/a Laqunn Sharod Gary v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-169CRW; Ruling Date: 05/22/2014; Ruling Judge: Jeff Weill, Sr.; Disposition: On the Court's own motion, the parties are required to submit supplemental briefs in accordance with the instant order within thirty days from the date of the order. Kitchens and King, JJ., do not join. Order entered 6/10/16.

City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin; Lee Circuit Court; LC Case #: CV11-218(P)(L); Ruling Date: 08/28/2014; Ruling Judge: James Pounds; Disposition: The Motion for Rehearing filed by Appellees and Cross-Appellants is denied. Kitchens and King, JJ., would grant.

Hubert O'Neal Fulton, Jr. a/k/a Hubert ONeal Fulton, Jr. a/k/a Hubert O'Neal Fulton a/k/a Hubert O. Fulton, Jr. a/k/a Hubert Fulton, Jr. a/k/a Hubert Fulton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-14-193; Ruling Date: 10/08/2014; Ruling Judge: Michael Ward; Disposition: The Petition for Writ of Certiorari filed by Hubert Fulton, Jr., pro se, 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.

Bobby Leonard Gray a/k/a Bobby L. Gray a/k/a Bobby Gray v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2014-128-W; Ruling Date: 10/01/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Bobby Leonard Gray is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Beam, JJ. To Deny: Randolph, P.J., Lamar and Coleman, JJ. Not Participating: Maxwell, J. Order entered.

Arrowood Indemnity Company v. Mississippi Windstorm Underwriting Association; Hinds Chancery Court 1st District; LC Case #: G2013-1883 (O-3); Ruling Date: 06/16/2014; Ruling Judge: Denise Owens; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, P.J., Kitchens, King, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Concurs in Result Only with Separate Written Opinion Joined by Coleman, J. Coleman, J., Concurs in Part and in Result without Separate Written Opinion. Waller, C.J., not participating. Concur in Result Only Opinion: Dickinson, P.J. Votes: Coleman, J., Joins This Opinion.