06/20/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2012-CA-00301-SCT

Jerry Robinson, Estate of Robert D. Robinson, Jerry G. Robinson Martial Trust, and Tri-State Brick & Tile Company, Inc. v. Robert Henne, Hilda Henne Abbott, Linda Henne and Jodie Henne; Hinds Circuit Court 1st District; LC Case #: 251-08-331CIV; Ruling Date: 12/21/2011; Ruling Judge: Tomie Green; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

John O'Connor a/k/a John Allen O'Connor a/k/a John O'Conner v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2010-1114; Ruling Date: 12/06/2011; Ruling Judge: Jannie Lewis; Majority Opinion: Randolph, P.J. Disposition: Count II: Conviction of gratification of lust and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Appellant shall serve ten (10) years with credit for time previously served, five (5) years suspended, and placed on five (5) years of supervised probation. Yazoo County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur. Dickinson, P.J., and King, J., Concur in Result Only Without Separate Written Opinion.

Corey Thompson a/k/a Corey T. Thompson a/k/a Corey M. Thompson a/k/a Corey Terrell Thompson v. State of Mississippi; Warren Circuit Court; LC Case #: 11,0424 CRC; Ruling Date: 04/19/2012; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Waller, C.J. Disposition: Court I: Conviction of attempted armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with eight (8) years suspended, twelve (12) years to serve, and five (5) years post release supervision, Affirmed. Count II: Conviction of attempted armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with eight (8) years suspended, twelve (12) years to serve, and five (5) years post release supervision, Affirmed. Counts I and II are to run concurrently to one another. Appellant shall also pay a $5,000.00 fine with $2,500.00 suspended, $156.00 court costs and $166.50 state assessments. Warren County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion.

Patrick Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 173-08; Ruling Date: 06/02/2009; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Lauderdale County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Chandler and King, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion. Coleman, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Pierce, J. Dissenting Opinion: Waller, C.J. Dissenting Opinion: Coleman, J. Votes: Waller, C.J., and Pierce, J., Join This Opinion.

R.C. Hibbler v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2005-033; Ruling Date: 03/19/2008; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: All Justices. Order entered.

Ken E. Cleveland, George T. Smith-Vaniz, M.D., and Jackson HMA, Inc., d/b/a Central Mississippi Medical Center v. Lanell Hamil, Individually and on Behalf of the Wrongful Death Beneficiaries of Emmett O. Hamil, Deceased, who are Entitled to Recover Under the Wrongful Death and Survival Statute; Hinds Circuit Court 1st District; LC Case #: 251-07-34CIV; Ruling Date: 06/07/2010; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Ken E. Cleveland is granted. To Grant: Dickinson, P.J., Chandler, Pierce and Coleman, JJ. To Deny: Waller, C.J., Lamar, Kitchens and King, JJ. Not Participating: Randolph, P.J. Order entered.

Sweet Valley Missionary Baptist Church a/k/a Hub Community Baptist v. Alfa Insurance Corporation a/k/a Alfa General Insurance Corporation a/k/a Alfa Mutual General Insurance Company a/k/a Alfa Specialty Insurance Corporation; Marion Circuit Court; LC Case #: 2010-0042P; Ruling Date: 09/24/2010; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Alfa Insurance Corporation a/k/a Alfa General Insurance Corporation a/k/a Alfa Mutual General Insurance Company a/k/a Alfa Specialty Insurance Corporation is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. Order entered.

Equifax, Inc. and Equifax Credit Information Services, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2009-884-T/1; Ruling Date: 11/04/2010; Ruling Judge: J. Thomas; Majority Opinion: Randolph, P.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Hinds County Chancery Court is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Chandler, J., not participating.

One 1970 Mercury Cougar, VIN #0F9111545940; One 1992 Ford Mustang, VIN #FACP44E4NF173360; One Ford Mustang; and $355.00 U.S. Currency v. Tunica County, Mississippi; Tunica Circuit Court; LC Case #: 2000-00080; Ruling Date: 07/20/2010; Ruling Judge: Kenneth Thomas; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Lamar, J., not participating.

Honda Downs and Robert Downs v. Peter L. Ackerman; Jackson Circuit Court; LC Case #: 2009-00116(1); Ruling Date: 10/21/2010; Ruling Judge: Robert Krebs; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Jackson County Circuit Court is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Jimmie Roach a/k/a Jimmie C. Roach a/k/a Jimmy Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-10-809; Ruling Date: 12/16/2010; Ruling Judge: S. Harrison; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., Chandler and King, JJ., Join This Opinion.

Darnice Love Scott v. Jerry Clyde Scott; Lauderdale Chancery Court; LC Case #: 96-1093-P; Ruling Date: 04/26/2011; Ruling Judge: Lawrence Primeaux; Disposition: Petition for writ of certiorari filed by Darnice Love Scott is denied. To Deny: All Justices. Order entered.

Xiaoyan Li "Shannon" Montgomery v. Linda A. Stribling, Individually; Hancock Circuit Court; LC Case #: 09-0288; Ruling Date: 05/19/2011; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed pro se by Linda A. Stribling is denied. To Deny: All Justices. Order entered.

Carla Land; Joshua Land; Misty Moudy; Prentice J. Land; Jason D. Russell, Individually and as Administrator of the Estate of Richard D. Russell, Deceased, and Danny Russell, a Minor, as Wrongful Death Beneficiaries of Benjamin Dewayne Russell v. Attala County, Mississippi, through the Attala County Board of Supervisors; Attala Circuit Court; LC Case #: 09-0172-CV-L; Ruling Date: 07/07/2011; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Carla Land, Joshua Land, Misty Moudy, Prentice J. Land, Danny Russell, Richard D. Russell and Jason D. Russell, Individually and as administrator of the Estate of Richard Russell, Deceased is denied. To Deny: Waller, C.J., Lamar, Kitchens and Pierce, JJ. To Grant: Randolph, P.J., Chandler and King, JJ. Not participating: Dickinson, P.J., and Coleman, J. Order entered.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Disposition: On the Court's own motion, the two appeals, No. 2012-UR-01108-SCT and No. 2013-UR-00477-SCT are consolidated for all purposes. The briefing schedule for No. 2013-UR-00477-SCT contained in the Clerk's Notice dated May 31, 2013 is vacated and within thirty days of the entry of this order the parties shall simultaneously file the original and nine copies of their briefs and record excerpts.