07/02/2015 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
XXX  2012-CT-00811-SCT

Milton Harper, Deceased, by and through his Dependents, Maggie Harper and Andrea Harper v. Banks, Finley, White & Co. of Mississippi, P.C.; Hinds Circuit Court 1st District; LC Case #: 251-10-333 and 251-10-334; Ruling Date: 09/27/2011; Ruling Judge: William Gowan, Jr.; Majority Opinion: Kitchens, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Hinds County Circuit Court is Affirmed in Part, Reversed in Part, and Rendered in Part. The Judgment of the Workers' Compensation Commission is Affirmed. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar and King, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Chandler, Pierce and Coleman, JJ. Coleman, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Chandler, J. Dissenting Opinion: Waller, C.J. Votes: Chandler, Pierce and Coleman, JJ., Join This Opinion. Dissenting Opinion: Coleman, J. Votes: Waller, C.J., and Chandler, J., Join This Opinion.

Richard Chapman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-297CIV; Ruling Date: 12/10/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: Appellant's Motion for Writ of Mandamus is denied. Order entered.

Richard Chapman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-297CIV; Ruling Date: 12/10/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Dickinson, P.J., Kitchens, Chandler and King, JJ., Concur. Randolph, P.J., Dissents with Separate Written Opinion Joined by Lamar and Pierce, JJ.; Coleman, J., Joins in Part. Coleman, J., Dissents with Separate Written Opinion Joined by Randolph, P.J., Lamar and Pierce, JJ. Dissenting Opinion: Randolph, P.J. Votes: Lamar and Pierce, JJ., Join This Opinion. Coleman, J., Joins This Opinion in Part. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Lamar and Pierce, JJ., Join This Opinion.

Janna D. Harris v. Winston E. Harris; Hinds Chancery Court 1st District; LC Case #: 147,616; Ruling Date: 07/06/2012; Ruling Judge: Jacqueline Mask; Disposition: Janna Harris's Petition for Writ of Certiorari is denied. Winston Harris's Motion to Set Aside Order Allowing Appellant Additional Time to file Petition for Writ of Certiorari is dismissed as moot. To Deny Petition for Writ of Certiorari: All Justices. To Deny Motion To Set Aside Order: All Justices. Order entered.

Vance Drummer v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0103-CR1; Ruling Date: 11/29/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Kitchens, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. Count I: Conviction of Grand Larceny, Affirmed. Sentence of Ten (10) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, vacated and the case is remanded for resentencing. Count II: Conviction of Grand Larceny, Affirmed. Sentence of Ten (10) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, vacated and the case is remanded for resentencing. Count III: Conviction of Attempted Grand Larceny, Affirmed. Sentence of Ten (10) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, vacated and the case is remanded for resentencing. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Chandler and King, JJ., Concur. Randolph, P.J., Concurs In Part II and Dissents In Part I with Separate Written Opinion Joined by Dickinson, P.J., Pierce and Coleman, JJ. Coleman, J., Concurs In Part II and Dissents in Part I with Separate Written Opinion Joined by Dickinson and Randolph, P.JJ., and Pierce, J. Majority (Part 2) Opinion: Randolph, P.J. Votes: Waller, C.J., Lamar, Chandler, Pierce and Coleman, JJ., Concur. Kitchens, J., Concurs In Part I and Dissents In Part II with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Coleman, J., Concurs In Part II and Dissents In Part I with Separate Written Opinion Joined by Dickinson and Randolph, P.JJ., and Pierce, J. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Votes: Dickinson, P.J., Pierce and Coleman, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J. and King, J., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Dickinson and Randolph, P.JJ. and Pierce, J., Join This Opinion.

Steven Edward Galle v. Isle of Capri Casinos, Inc.; Riverboat Corporation of Mississippi a/k/a Isle of Capri Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc.; James B. Perry, as Chairman of the Board and Chief Executive Officer, Isle of Capri Casinos, Inc., and James B. Perry, Individually; Virginia McDowell, as President and Chief Executive Officer, Isle of Capri Casinos, Inc., and Virginia McDowell, Individually; Lynn Banks, as Corporate Director of Human Resources, Isle of Capri Casinos, Inc., and Lynn Banks, Individually; Doug Shipley, as General Manager of Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Doug Shipley, Individually; Michael (Mike) Cray, as Director of Casino Operations, Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Michael ( Mike) Cray, Individually; and Bell Kessler, as Senior Director of Human Resources, Riverboat Corporation of Mississippi a/k/a Isle Casino-Hotel Biloxi a/k/a Division and Property of Isle of Capri Casinos, Inc., and Bell Kessler, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-12-110; Ruling Date: 11/30/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Dickinson, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed In Part and Reversed In Part. The Judgment of the Harrison County Circuit Court is Affirmed In Part, Reversed In Part, and the case is Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., Specially Concurs Without Separate Written Opinion.

Larry Jarrett and Dixie Products Company v. Robert Houston Dillard, Executor of the Estate of Roy F. Dillard, Deceased; Pontotoc Circuit Court; LC Case #: CV-09-195-G(PO); Ruling Date: 12/04/2012; Ruling Judge: Thomas Gardner, III; Majority Opinion: Waller, C.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of Pontotoc County is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., and Coleman, J., Concur in Part and in Result Without Separate Written Opinion.

Kenneth M. Crook a/k/a Kenneth Crook a/k/a K. Michael Crook a/k/a Kenneth Michael Crook a/k/a Mike Crook v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0131-E; Ruling Date: 12/12/2012; Ruling Judge: John Emfinger; Majority Opinion: Chandler, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens and King, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., and Pierce, J.; Waller, C.J., Joins In Part. Dickinson, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Randolph, P.J., and Pierce, J., Join This Opinion. Waller, C.J., Joins This Opinion in Part.

Michael Deon Taylor a/k/a Michael D. Taylor a/k/a Michael Taylor v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0007; Ruling Date: 09/21/2012; Ruling Judge: William Chapman, III; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Result Only Without Separate Written Opinion.

Norman L. Neyland, as Administrator of the Estate of Mary Cory Gallagher, Deceased v. Timberland Management Services, Inc. and Michael J. Daughdrill; Wilkinson Circuit Court; LC Case #: 2010-0056; Ruling Date: 04/22/2013; Ruling Judge: Lillie Sanders; Disposition: The Petition for Writ of Certiorari filed by Timberland Management Services, Inc., and Michael J. Daughdrill is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.

Carl E. Sanders v. Tanya Hoover, Mary G. Sanders and Keisha Moore; Humphreys Circuit Court; LC Case #: 2012-0054; Ruling Date: 09/24/2012; Ruling Judge: Jannie Lewis; Disposition: The Petition for Writ of Certiorari filed by Carl E. Sanders, pro se, is dismissed. Order entered.

K. N., as the Natural Mother and Next Friend of M. N., a Minor v. Moss Point School District and Kim Staley, Superintendent; Jackson Circuit Court; LC Case #: 2011-00103(1); Ruling Date: 08/05/2013; Ruling Judge: Robert Krebs; Disposition: The Petition for Writ of Certiorari filed by the Appellees is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Dickinson, P.J., not participating. Order entered.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. Johnny Reb Aviation, LLC; Tate Chancery Court; LC Case #: 10-7-276 (PL); Ruling Date: 08/20/2013; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Petition for Writ of Certiorari filed by Johnny Reb Aviation, LLC, is denied. To Deny: Waller, C.J., Randolph, P.J., Kitchens, Chandler, King and Coleman, JJ. To Grant: Dickinson, P.J., and Pierce, J. Lamar, J., not participating. Order entered.

Linde Gas and Zurich American Insurance Company v. Larry Edmonds; LC Case #: 1010819-K-6854; Ruling Date: 10/18/2013; Disposition: The Petition for Writ of Certiorari filed by Linde Gas and Zurich American Insurance Company is denied. To Deny: All Justices. Order entered.

Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey v. State of Mississippi; Scott Circuit Court; LC Case #: 2013-CV-306-SC-C; Ruling Date: 11/05/2013; Ruling Judge: Vernon Cotten; Disposition: The Petition for Writ of Certiorari filed by Rickey Sturkey, pro se, is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Jeremy Edwards v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0314-CR; Ruling Date: 12/09/2013; Ruling Judge: Richard Smith; Disposition: The Petition for Writ of Certiorari filed by Jeremy Edwards 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.