07/18/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
XX  2012-KA-00321-SCT

Melvin Grayer v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-638; Ruling Date: 01/26/2012; Ruling Judge: John Gargiulo; Majority Opinion: Lamar, J. Disposition: On the Court's own motion, the prior opinions in this case are withdrawn and these opinions are substituted therefor. Conviction of burglary of a business, Affirmed. Habitual-offender enhancement vacated, and this case is remanded for resentencing. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ., Concur. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., and Coleman, J. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Randolph, P.J., and Coleman, J., Join This Opinion.

Joe Morgan a/k/a Lil Joe v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2011-0030; Ruling Date: 05/24/2012; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively to sentence in Count I. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Brett Jones v. State of Mississippi; Lee Circuit Court; LC Case #: CV08-099(G)L; Ruling Date: 11/19/2009; Ruling Judge: Thomas Gardner, III; Majority Opinion: Randolph, P.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Circuit Court of Lee County is Affirmed in Part and Reversed in Part. The sentence is vacated, and this case is Remanded to the Circuit Court of Lee County for resentencing. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

Stanley Dewayne Cole a/k/a Stanley Cole v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 08-0-004; Ruling Date: 02/22/2010; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens and Coleman, JJ. To Grant: Chandler and Pierce, JJ. Not Participating: Lamar and King, JJ. Order entered.

Ricky Archer a/k/a Ricky D. Archer a/k/a "Slick" v. State of Mississippi; Leflore Circuit Court; LC Case #: 2008-0251; Ruling Date: 04/08/2010; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Ricky Archer a/k/a Ricky D. Archer a/k/a "Slick" is denied. To Deny: All Justices. Order entered.

William Austin Branch a/k/a Austin Branch v. State of Mississippi; Attala Circuit Court; LC Case #: 2009-0061-CR; Ruling Date: 03/05/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by William Austin Branch is denied. To Deny: All Justices. Order entered.

Michael Borne, Honey E. Holman, Eastover Lake Association, and Bryant M. Allen, et al. v. Estate of T. L. Carraway, Jr.; Thomas L. Carraway, Jr. Living Trust and City of Jackson, Mississippi AND City of Jackson, Mississippi v. Estate of T.L. Carraway, Jr.; Eastover Lake Association; Michael Borne; Honey E. Holman; and Bryant M. Allen, et al.; Hinds Chancery Court 1st District; LC Case #: G-2006-1760-O/3; Ruling Date: 01/21/2011; Ruling Judge: Denise Owens; Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part; Reversed in Part and Rendered.

Michael Borne, Honey E. Holman, Eastover Lake Association, and Bryant M. Allen, et al. v. Estate of T. L. Carraway, Jr.; Thomas L. Carraway, Jr. Living Trust and City of Jackson, Mississippi AND City of Jackson, Mississippi v. Estate of T.L. Carraway, Jr.; Eastover Lake Association; Michael Borne; Honey E. Holman; and Bryant M. Allen, et al.; Hinds Chancery Court 1st District; LC Case #: G-2006-1760-O/3; Ruling Date: 01/21/2011; Ruling Judge: Denise Owens; Majority Opinion: Kitchens, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part; Reversed in Part and Rendered. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Chandler, Pierce and King, JJ., Concur. Randolph, P.J., Concurs in Result Only Without Separate Written Opinion. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Coleman, J. Coleman, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J. Dissenting Opinion: Dickinson, P.J. Votes: Coleman, J., Joins This Opinion. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., Joins This Opinion.

Barry Lemax Melton a/k/a Barry Melton a/k/a Barry L. Melton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-09-476; Ruling Date: 03/02/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by Barry Lemax Melton is denied. To Deny: All Justices. Order entered.

Jackson County Board of Supervisors v. Mississippi Employment Security Commission; Jackson Circuit Court; LC Case #: 2010-00,232(3); Ruling Date: 03/01/2011; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari of the Mississippi Department of Employment Security is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Dismiss: Dickinson, P.J., Pierce and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.

Dexter Campbell a/k/a Dexter J. Campbell a/k/a Dexter Jerome Campbell v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 10-308-CR; Ruling Date: 05/04/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Dexter Campbell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Jonathan McGriggs v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-304; Ruling Date: 08/09/2011; Ruling Judge: Lamar Pickard; Disposition: Motion for writ of certiorari filed by Jonathan McGriggs is dismissed as untimely filed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.

Gregory Wilder a/k/a Gregory Okeith Wilder v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0332-R; Ruling Date: 04/21/2011; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Gregory Wilder is denied. To Deny: All Justices. Order entered.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Consolidated with 2013-UR-00477-SCT Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; ; Disposition: Motion for Clarification of En Banc Order of June 20, 2013 is granted to the extent that the briefing schedule set in paragraph 3 of the En Banc Order of June 20, 2013, is vacated; briefing is complete in No. 2012-UR-01108-SCT, and no further briefing in that No. is needed or requested; and the following briefing schedule is set for No. 2013-UR-00477-SCT: Within 40 days of the entry of this order, the appellant shall file and serve the original and nine copies of his brief of appellant and record excerpts; Within 30 days of the service of the brief of appellant, the appellees shall file and serve the original and nine copies of the briefs of appellees and any record excerpts; and Within 14 days of the service of the last brief of appellees, the appellant may file and serve the original and nine copies of his reply brief. Order entered.

Della Sumrall and Roy Sumrall v. Edward Dvorak, M.D.; Jackson Circuit Court; LC Case #: 2012-00129(1); Ruling Date: 08/09/2012; Ruling Judge: Robert Krebs; Disposition: Interlocutory appeal No. 2012-IA-01319-SCT is hereby dismissed without prejudice and the order of this Court dated June 6, 2013, staying proceedings in the trial court is vacated. All costs associated with this appeal shall be taxed against the Appellants. Dickinson, P.J., for the Court. Order entered.

Cheryl Rankin v. Larry Cruel, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-06-741; Ruling Date: 05/27/2007; Ruling Judge: Tomie Green; Disposition: On the Court's own motion, within thirty days of the entry of this order, Cheryl Rankin shall show cause why the appeal should not be dismissed or why lesser sanctions should not be imposed. Within ten days after Rankin files her show-cause response, Larry Cruel shall be entitled to file a reply. Order entered.

Thomas A. Blanton v. Mississippi Power Company, Inc. and Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-14; Ruling Date: 03/05/2013; Consolidated with 2012-UR-01108-SCT Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; Public Service Commission; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; ; Disposition: Motion for Clarification of En Banc Order of June 20, 2013 is granted to the extent that the briefing schedule set in paragraph 3 of the En Banc Order of June 20, 2013, is vacated; briefing is complete in No. 2012-UR-01108-SCT, and no further briefing in that No. is needed or requested; and the following briefing schedule is set for No. 2013-UR-00477-SCT: Within 40 days of the entry of this order, the appellant shall file and serve the original and nine copies of his brief of appellant and record excerpts; Within 30 days of the service of the brief of appellant, the appellees shall file and serve the original and nine copies of the briefs of appellees and any record excerpts; and Within 14 days of the service of the last brief of appellees, the appellant may file and serve the original and nine copies of his reply brief. Order entered.