07/31/2014 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2013-CA-00815-SCT

Sam Woodruff v. Rita Thames and Larry Collins; Rankin Chancery Court; LC Case #: 70051; Ruling Date: 04/15/2013; Ruling Judge: John Grant, III; Majority Opinion: King, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.

Election Commission of the Town of Edwards, Mississippi v. Marcus L. Wallace; Hinds Circuit Court 2nd District; LC Case #: 252-13-13; Ruling Date: 08/02/2013; Ruling Judge: Vernon Cotten; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Eric Moffett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-245; Ruling Date: 09/16/2010; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by Eric Moffett is denied.

Daniel F. Barber, Jr. a/k/a Daniel F. Barber a/k/a Daniel Barber a/k/a Daniel Barber, Jr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 20,025; Ruling Date: 11/20/2009; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Daniel Barber, Jr., pro se, is denied. To Deny: All Justices. Order entered.

Anthony Carothers a/k/a Anthony Carrothers a/k/a Anthony Carruthers a/k/a AMP v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK11-217; Ruling Date: 11/04/2011; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Dickinson, P.J., Chandler, King and Coleman, JJ. Order entered.

Jabariakias Cunningham a/k/a Jabariakias Kentez Cunningham a/k/a Jabariakias K. Cunningham a/k/a Jaboriakias "Knunch" Cunningham v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0173-CR1H; Ruling Date: 03/02/2012; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Jabariakias Cunningham 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.

Donna Lee (Mayes) Proctor v. Douglas Roger Proctor; DeSoto Chancery Court; LC Case #: 11-02-0335(VC); Ruling Date: 03/13/2012; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by Donna Lee (Mayes) Proctor is denied. To Deny: All Justices. Order entered.

Harrison County Utility Authority v. Helen Peterson Walker, Owner; and James E. Walker, Jr., as Attorney-in-Fact; Harrison Special Court of Eminent Domain 2nd District; LC Case #: D-2402-09-315; Ruling Date: 05/01/2012; Ruling Judge: Michael Ward; Disposition: Petition for writ of certiorari filed by Helen Peterson Walker, Owner, and James E. Walker, Jr., as Attorney-in-Fact is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Grant: Randolph, P.J., Pierce and Coleman, JJ. Order entered.

Thomas Nathan Pickett a/k/a Nathan a/k/a Thomas N. Pickett a/k/a Thomas Pickett v. State of Mississippi; Lincoln Circuit Court; LC Case #: 11-158-LS; Ruling Date: 05/11/2012; Ruling Judge: David Strong, Jr.; Disposition: Petition for writ of certiorari filed by Thomas Nathan Pickett a/k/a Nathan a/k/a Thomas N. Pickett a/k/a Thomas Pickett is denied. To Deny: All Justices. Order entered.

In the Interest of S.M.K.S., a Minor v. Youth Court of Union County, Mississippi; Union Youth Court; LC Case #: YC2009-000087; Ruling Date: 07/20/2012; Ruling Judge: Frederick Rogers; Disposition: Petition for writ of certiorari to the Mississippi Supreme Court filed on behalf of the Appellant, S.M.K.S., is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Eddie Joseph Brown a/k/a Eddie Joseph Brown, Jr. a/k/a Eddie J. Brown, Jr. v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2011-253; Ruling Date: 03/14/2012; Ruling Judge: John Gargiulo; Disposition: Eddie Joseph Brown's pro se petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Craig D. Sallie a/k/a Craig D. Sallie, Sr. a/k/a Craig Sallie v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0092-E; Ruling Date: 06/25/2012; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by Craig D. Sallie is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J. Order entered.

In the Matter of the Estate of Boyce Elmore, Deceased: Kathleen Elmore Jamison, Administrator v. Cedric Williams; Marshall Chancery Court; LC Case #: 02-0163R; Ruling Date: 07/06/2012; Ruling Judge: Edwin Roberts, Jr.; Disposition: Motion for writ of certiorari filed by Cedric Williams is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. To Deny: Waller, C.J., Chandler and King, JJ. Order entered.

Mark Matthews a/k/a Mark David Mathews a/k/a Mark D. Mathews a/k/a Mark David Matthews a/k/a Mark Mathews v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2011-0670-E; Ruling Date: 08/29/2012; Ruling Judge: John Emfinger; Majority Opinion: Waller, C.J. Disposition: Conviction of simple assault and sentence of 180 days, with thirty (30) days to serve and 150 days suspended for two (2) years, with conditions, and pay a fine of $190, Affirmed. Conviction of disorderly conduct and sentence of 180 days, with five (5) days to serve and 175 days suspended for two (2) years, with conditions, and pay a fine of $160, Affirmed. Sentences shall run consecutively, all in the custody of the Sheriff of Madison County. Appellant taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., Specially Concurs With Separate Written Opinion Joined by Dickinson and Randolph, P.JJ., Lamar, Kitchens and Chandler, JJ. Coleman, J., Concurs in Result Only With Separate Written Opinion. Randolph, P.J., Concurs in Result Only Without Separate Written Opinion. Specially Concurring Opinion: King, J. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens and Chandler, JJ., Join This Opinion. Concur in Result Only Opinion: Coleman, J.

The Mississippi Bar v. Joe Donald Pegram; LC Case #: 2010-1830; Ruling Date: 06/22/2012; Ruling Judge: Winston Kidd; Disposition: The Mississippi Bar's Motion to Strike the Appellee's Brief is denied. Order entered.

The Mississippi Bar v. Joe Donald Pegram; LC Case #: 2010-1830; Ruling Date: 06/22/2012; Ruling Judge: Winston Kidd; Majority Opinion: Chandler, J. Disposition: The order of the complaint tribunal issuing a public reprimand is Affirmed. This Court finds an additional violation of Mississippi Rule of Professional Conduct 1.16. This case is referred to the fee dispute resolution committee of the Mississippi Bar for a determination of unearned fees. Joe Donald Pegram taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens and King, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Lamar and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Lamar and Pierce, JJ., Join This Opinion.

BB Buggies, Inc. d/b/a Bad Boy Buggies and Textron, Inc. v. Vincent Leon, Individually, as Father and Next Friend, and as Administrator of the Estate of his Minor Child, Jean-AH Leon and Mandi Leon; Adams Circuit Court; LC Case #: 12-KV-0058-S; Ruling Date: 10/31/2012; Ruling Judge: Lillie Sanders; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ., Concur. Pierce, J., Concurs in Result Only With Separate Written Opinion Joined by Waller, C.J., and Randolph, P.J. Waller, C.J., Concurs in Part and in Result Without Separate Written Opinion. Concur in Result Only Opinion: Pierce, J. Votes: Waller, C.J., and Randolph, P.J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Leigh Ann Darby; LC Case #: 2011-223; Ruling Date: 08/15/2013; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance is granted. See opinion of this Court handed down this date. Lamar, J., not participating.

Mississippi Commission on Judicial Performance v. Leigh Ann Darby; LC Case #: 2011-223; Ruling Date: 08/15/2013; Ruling Judge: H. Clark, II; Majority Opinion: Randolph, P.J. Disposition: Tate County Youth Court Judge Leigh Ann Darby shall be removed from office, fined $1,000, and assessed costs of $200. Leigh Ann Darby is taxed with costs of appeal. Votes: Waller, C.J., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Specially Concurs With Separate Written Opinion Joined by Kitchens and Coleman, JJ. Lamar, J., not participating. Specially Concurring Opinion: Dickinson, P.J. Votes: Kitchens and Coleman, JJ., Join This Opinion.

In Re: Chris McDaniel; Harrison Circuit Court 1st District; LC Case #: 24 CI 1:14-CV-186; Ruling Judge: Roger Clark; Disposition: The Petitioner's Motion for Reconsideration, Hearing and Clarification filed on behalf of Chris McDaniel is denied. Separate statement written by Randolph, P.J., Kitchens and Chandler, JJ. Dickinson, P.J., and Pierce, J., not participating. Order entered.