06/26/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2013-CA-00315-SCT

Callop Hampton v. Charles Blackmon and Dexter Booth; Hinds Circuit Court 1st District; LC Case #: 251-09-1012 CIV; Ruling Date: 01/23/2013; Ruling Judge: Winston Kidd; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Thomas Earl Ellis a/k/a Thomas Ellis a/k/a Thomas E. Ellis a/k/a Thomas Ellis McCoy v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-504-02 TTG; Ruling Date: 10/13/2011; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by counsel for Thomas Earl Ellis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company; Panola Circuit Court 2nd District; LC Case #: CV2010-400-MP2; Ruling Date: 06/13/2011; Ruling Judge: James McClure, III; Disposition: Motion for rehearing filed by Appellees is denied.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK09-380; Ruling Date: 05/20/2011; Ruling Judge: Andrew Howorth; Majority Opinion: Chandler, J. Disposition: Count I - Conviction of capital murder and sentence of death by lethal injection, Affirmed. Count II - Conviction of capital murder and sentence of death by lethal injection, Affirmed. Count II - Conviction of aggravated assault and sentence of life in the custody of the Mississippi Department of Corrections, as a habitual offender, without the possibility of parole and sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation or early release, Affirmed. Lafayette County taxed with costs of appeal. Votes: Waller, C.J., Lamar and Pierce, JJ., Concur. Randolph, P.J., Specially Concurs With Separate Written Opinion Joined by Pierce, J.; Lamar and Chandler, JJ., Join In Part. King, J., Dissents With Separate Written Opinion Joined by Kitchens, J. Coleman, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J.; Kitchens and King, JJ., Join In Part. Specially Concurring Opinion: Randolph, P.J. Votes: Pierce, J., Joins This Opinion. Lamar and Chandler, JJ., Join This Opinion in Part. Dissenting Opinion: King, J. Votes: Kitchens, J., Joins This Opinion. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., Joins This Opinion. Kitchens and King, JJ., Join This Opinion in Part.

Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-500GCD; Ruling Date: 12/14/2011; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for writ of certiorari filed by Randal Scott Blythe was granted by order of this Court on April 14, 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 without prejudice. Kitchens and King, JJ., disagree. Coleman, J., for the Court. Order entered.

Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala W. Ravenstein, her Natural Mother, Adult next friend, and Guardian ad Litem v. Community Trust Bank f/k/a Madison County Bank and Madison County Financial Corporation; Madison Circuit Court; LC Case #: CI-2010-0030-JC; Ruling Date: 03/22/2012; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for the Appellant was granted by order of the Court on February 6, 2014. Upon further consideration, the Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed. Disagree: Kitchens and King, JJ. Dickinson, P.J., for the Court. Order entered.

Leslie B. Shumake, Jr. v. Katarina Sitton Shumake; DeSoto Chancery Court; LC Case #: 06-03-0388; Ruling Date: 04/10/2012; Ruling Judge: Woodrow Brand, Jr.; Disposition: Petition for writ of certiorari filed by Katarina Sitton Shumake is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Lamar, J. Order entered.

Harvill Payne Richardson a/k/a Harvill Richardson a/k/a Harvill Richardson, Sr. a/k/a Harvill P. Richardson v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2010-00160; Ruling Date: 05/26/2011; Ruling Judge: John Gargiulo; Disposition: Motion for Clerk to Advance Case on Docket or Alternatively, Motion for Judicial Consideration of Possible Expedition is dismissed as moot. Order entered.

Harvill Payne Richardson a/k/a Harvill Richardson a/k/a Harvill Richardson, Sr. a/k/a Harvill P. Richardson v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2010-00160; Ruling Date: 05/26/2011; Ruling Judge: John Gargiulo; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Harrison County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, King and Coleman, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Chandler, J. Dissenting Opinion: Pierce, J. Votes: Waller, C.J., and Chandler, J., Join This Opinion.

Herbert Lee, Jr. v. Gloria Thompson and Deborah Dixon; Hinds Circuit Court 1st District; LC Case #: 251-04-1301CIV; Ruling Date: 08/01/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: Motion to Strike Exhibits is granted and the exhibits are hereby struck from Lee's Motion for Rehearing. Order entered.

Herbert Lee, Jr. v. Gloria Thompson and Deborah Dixon; Hinds Circuit Court 1st District; LC Case #: 251-04-1301CIV; Ruling Date: 08/01/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: Motion for rehearing filed by Herbert Lee, Jr., is denied.

Tracy D. Lott and Jennifer Avara-Lott v. Pritchett Construction Company ; Lauderdale Circuit Court; LC Case #: 11-CV-177-B; Ruling Date: 02/07/2013; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by counsel for Tracy D. Lott and Jennifer Avara-Lott is denied. To Deny: All Justices. Order entered.

Carey Jason Witten v. State of Mississippi, Ex Rel., Mississippi Department of Public Safety and Criminal Information Center, Sex Offenders Registry; Adams Circuit Court; LC Case #: 13-KV-0002-S; Ruling Date: 05/06/2013; Ruling Judge: Lillie Sanders; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., and Lamar, J., Concur. Coleman, J., Concurs in Part and in Result Without Separate Written Opinion. 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.