07/21/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H.
X  2015-KA-01220-SCT

Rodney D. Rushing a/k/a Rodney Rushing a/k/a Dewayne Rushing a/k/a Rodney Dewayne Rushing v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2014-259LS; Ruling Date: 08/13/2015; Ruling Judge: David Strong, Jr.; Majority Opinion: Beam, J. Disposition: Conviction of Unlawful Possession of at least two (2) but less than ten (10) dosage units of amphetamine and sentence of Three (3) years to serve day for day, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. The Appellant shall pay a fine in the amount of $3,000, restitution in the amount of $300 to Southwest Narcotics Unit, and court costs in the amount of $444.50. Lincoln County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Maxwell, JJ., Concur.

Rules for Court Reporters; Disposition: On the Court's own motion, the en banc Court appoints board members of the Board of Certified Court Reporters as set out in the Order to serve two-year terms commencing on July 1, 2016, as herein designated, or until such time as a successor shall be appointed. Each person appointed as a member of the Board of Certified Court Reporters shall take an oath of office and shall file a copy of that oath with the Supreme Court Clerk. In the event a member cannot continue to serve on the board, that board member shall immediately notify the Chief Justice and the appropriate nominating entity in writing. Should a vacancy otherwise occur, the Chairman of the board shall immediately notify the Chief Justice and the appropriate nominating entity in writing. The Clerk of the Court shall forward a certified copy of this order to the appointees, the Office for the Board of Certified Court Reporters, and the Secretary of State. Order entered 6/29/16.

Shirley Adams, Individually and as Survivor and Only Heir of Dorothy Turner, Deceased v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Lafayette LTC, Inc., and Yalobusha General Hospital and Nursing Home; Lafayette Circuit Court; LC Case #: CVL08-343; Ruling Date: 04/04/2013; Ruling Judge: John Gregory; Disposition: The Petition for Writ of Certiorari filed by counsel for the Petitioners is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Deny: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered on 7/01/16.

Richard White a/k/a Toney Buck a/k/a Richard Delaine White v. State of Mississippi; Quitman Circuit Court; LC Case #: 2013-0005; Ruling Date: 10/18/2013; Ruling Judge: Albert Smith, III; Majority Opinion: Beam, J. Disposition: Count I: Conviction of Burglary of a Dwelling and Sentence of Twenty-Five (25) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in this cause shall run consecutively to any and all sentences previously imposed. Appellant shall pay full restitution to the victim, if any. Quitman County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Maxwell, J., not participating. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Travon Brown a/k/a Travon J. Brown a/k/a Travon Deangelo Brown a/k/a Travon D. Brown v. State of Mississippi; Lee Circuit Court; LC Case #: CR12-521; Ruling Date: 11/07/2013; Ruling Judge: Thomas Gardner, III; Disposition: Travon Brown's Petition for Writ to Raise Post-Conviction Issue on Appeal, Motion to Clarify Chief Issue & Prevent Another Miscarriage of Justice, and Petition to Correct Pending Submissions are dismissed without prejudice as directed herein. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered 7/06/16.

Travon Brown a/k/a Travon J. Brown a/k/a Travon Deangelo Brown a/k/a Travon D. Brown v. State of Mississippi; Lee Circuit Court; LC Case #: CR12-521; Ruling Date: 11/07/2013; Ruling Judge: Thomas Gardner, III; Disposition: Travon Brown's Petition for Writ of Certiorari filed by counsel and two supplemental Petitions for Writ of Certiorari filed by Brown, pro se, are denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. To Dismiss: Waller, C.J., Not Participating: Maxwell, J. Order entered 7/06/16.

David Glen Nunnery and Jene' Nunnery v. Paul Edward Nunnery and Glenda Nunnery Lord, as Co-Executor-Executrix of the Will and Estate of Joseph L. Nunnery, Deceased and Annie Louise Young Nunnery; Pike Chancery Court; LC Case #: 2010-191; Ruling Date: 01/27/2014; Ruling Judge: Debbra Halford; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Lamar and Beam, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Waller, C.J., and King, J. Kitchens and Maxwell, JJ., not participating. Dissenting Opinion: Dickinson, P.J. Votes: Waller, C.J., and King, J., Join This Opinion.

William Michael Jordan a/k/a Booty v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 456-12; Ruling Date: 04/14/2014; Ruling Judge: Robert Bailey; Disposition: The Petition for Writ of Certiorari filed by William Michael Jordan is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Daniel Richard Zales a/k/a Daniel R. Zales a/k/a Daniel Zales v. State of Mississippi; Kemper Circuit Court; LC Case #: 2014-CV-06-(W); Ruling Date: 08/12/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: Daniel Zales's Petition for Writ of Certiorari is denied. To Deny: Randolph, P.J., Lamar, Coleman and Beam, JJ. To Grant: Dickinson, P.J., Kitchens and King, J. Not Participating: Waller, C.J., and Maxwell, J. Order entered 7/06/16.

Bay Point Properties, Inc. f/k/a BP Properties, Inc. v. Mississippi Transportation Commission and Mississippi Department of Transportation; Harrison Circuit Court 1st District; LC Case #: A2401-11-115; Ruling Date: 01/03/2014; Ruling Judge: John Gargiulo; Majority Opinion: Randolph, P.J. Disposition: Affirmed in Part, Reversed in Part, and Remanded. Appellant and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

James John Rodgers a/k/a James J. Rodgers a/k/a James Rodgers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-739; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Application for Leave of Supreme Court to Proceed on Motion for Post-Conviction Collateral Relief in Trial Court filed by James John Rodgers is denied. Agree with Order: Waller, C.J., Randolph, P.J., Lamar, Coleman, Maxwell and Beam, JJ. Kitchens, J., Objects with Separate Written Statement Joined by Dickinson, P.J., and King, J. Order entered 6/30/16.

James Creel a/k/a James Walter Creel a/k/a J.W. Creel v. State of Mississippi; Covington Circuit Court; LC Case #: 3052; Ruling Date: 07/29/1994; Ruling Judge: Robert Evans; Disposition: This appeal is dismissed upon entry of this order. Costs of appeal, if any, are taxed to the Appellant. To Dismiss Appeal: Waller, C.J., Randolph, P.J., Lamar, Coleman, Maxwell and Beam, JJ. Object to Dismissal: Dickinson, P.J., Kitchens and King, JJ. Order entered 7/07/16.

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 Unopposed Motion of the Mississippi House of Democratic Caucus for Leave to File Brief as Amicus Curiae in Support of Appellee Representative J.P. Hughes, Jr., is granted as directed herein. 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 7/07/16.