06/23/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2015-CA-00145-SCT

Debra Tarvin for and on Behalf of the Wrongful Death Beneficiaries of Caldwell Tarvin v. CLC of Jackson, LLC d/b/a Pleasant Hills Community Living Center; Hinds Circuit Court 1st District; LC Case #: 251-13-119CIV; Ruling Date: 11/18/2014; Ruling Judge: William Gowan, Jr.; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend Rule 16 of the Mississippi Rules of Civil Procedure filed by the Advisory Committee on Rules is denied. To Deny: Randolph, P.J., Lamar, Kitchens, King, Maxwell and Beam, JJ. Waller, C.J., Objects with Separate Written Statement Joined by Dickinson, P.J., and Coleman, J.; Randolph, P.J., and Maxwell, J., Join in Part. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: The Advisory Committee on Rules' Motion to Restyle the Mississippi Rules of Evidence and letter motion are granted. Effective July 1, 2016, the Mississippi Rules of Evidence will be restyled as set forth in Exhibit A. The Clerk of this Court must spread this order upon the minutes of the Court and must forward a certified copy 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 the Mississippi Rules of Court. To Grant Both Motions: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered 6/17/16.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 28(a)(4) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit A. The amendment is effective upon the entry of this order. The Clerk of this Court must spread this order upon the minutes of the Court and must forward a certified copy 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 the Mississippi Rules of Court. All Justices Agree. Order entered 6/20/16.

Lennie W. Dingler and Lesia C.L. Dingler v. Martha Patricia Ferguson; Tishomingo Chancery Court; LC Case #: CV2010-000142-71-L; Ruling Date: 12/10/2013; Ruling Judge: Talmadge Littlejohn; Disposition: The Petition for Writ of Certiorari filed by Lennie Dingler and Lesia Dingler 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.

Kimberlee Michelle Bratcher v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-0354-E; Ruling Date: 07/09/2014; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by Kimberlee Michelle Bratcher 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.

Hudspeth Regional Center and Mississippi State Agencies Self-Insured Workers' Compensation Trust v. Linda Mitchell; LC Case #: 1110464-M-1964-E-32; Ruling Date: 11/20/2014; Disposition: The Petition for Writ of Certiorari filed by Hudspeth Regional Center and Mississippi State Agencies Self-Insured Workers' Compensation Trust is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., and Beam, J. To Deny: Lamar, Kitchens, King and Coleman, JJ. Not Participating: Maxwell, J. Order entered.

Pekin Insurance Company v. Marsha R. Hinton and Thomas F. Hinton, Individually and, as the Wrongful Death Beneficiaries of Timothy R. Hinton, Deceased; Jones Circuit Court 2nd District; LC Case #: 2013-112-CV10; Ruling Date: 12/10/2014; Ruling Judge: Billy Landrum; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and Kitchens, J., not participating.

Randy Charles Wilson a/k/a Randy Wilson v. State of Mississippi; Warren Circuit Court; LC Case #: 13,0045-CRP(1); Ruling Date: 09/25/2014; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Coleman, J. Disposition: Conviction of Receiving Stolen Property and Sentence of Ten (10) years, Three (3) years to serve, with remaining balance suspended with post-release supervision for Five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run consecutively with sentence in cause number 11,0059 CRP. Appellant shall pay court costs in the amount of $104 and state assessments in the amount of $280.50. Warren County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar and Beam, JJ., Concur. Maxwell, J., Concurs in Result Only without Separate Written Opinion. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Waller, C.J., and King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Waller, C.J., and King, J., Join This Opinion.

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 for Leave to File Brief as Amicus Curiae in Support of Appellant by Tate Reeves, in his capacity as the Lieutenant Governor of the State of Mississippi is granted and the amicus brief shall be accepted for filing. The parties may file a response to the amicus brief within seven days of entry of this order. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Lamar, J. Order entered.