08/06/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
XX  2014-CA-00322-SCT

In the Matter of the Guardianship of O. D., a Minor: Ashley Healthcare Plan v. Michael Dillard and Kimberly Dillard, as Biological Parents and Next Friends of O.D., a Minor; Pontotoc Chancery Court; LC Case #: 2011-0410-58L; Ruling Date: 02/06/2014; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and King, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Pierce and Coleman, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Pierce and Coleman, JJ., Join This Opinion.

Damon Samhal Fagan a/k/a Damon Fagan a/k/a Damon S. Fagan v. State of Mississippi; Jackson Circuit Court; LC Case #: 2013-10,104(3); Ruling Date: 02/21/2014; Ruling Judge: Dale Harkey; Majority Opinion: Lamar, J. Disposition: Conviction of four counts of Sexual Battery and Sentence of Forty (40) Years in the Custody of the Mississippi Department of Corrections, with Ten (10) Years on post-release supervision, (Thirty (30) Years to serve), with conditions, Affirmed. Said sentences shall run concurrently, to be served day for day, without early release or earned credit. Appellant must register as a sex offender. Jackson County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

The Peoples Bank of Biloxi, Mississippi v. John McAdams, In His Official Capacity as Chancery Clerk of Harrison County, Mississippi and as Guardian of Sybil Bowden and Jonathan Dunn; Harrison Circuit Court 2nd District; LC Case #: A2402-13-64; Ruling Date: 04/21/2014; Ruling Judge: Richard McKenzie; Majority Opinion: Randolph, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Christopher Lee Baxter a/k/a Chris Baxter a/k/a Christopher Baxter v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,002; Ruling Date: 05/15/2012; Ruling Judge: Richard McKenzie; Majority Opinion: Waller, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed. Conviction of Capital Murder and Sentence of Life in the Custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. Sentence in this cause shall run consecutively with sentences in cause numbers 2009-10,073 and 2010-10,057. George County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Chandler and Coleman, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Pierce, J., not participating. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Samuel Keith McMinn v. Sharon Miller McMinn; Oktibbeha Chancery Court; LC Case #: 09-0550-D; Ruling Date: 12/07/2012; Ruling Judge: H. Davidson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Samuel Keith McMinn is denied. To Deny: All Justices. Order entered.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-91-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Disposition: David Neil McCarty, Chair of the Appellate Practice Section, must file a response within 14 days stating whether one or more Section members, acting pro bono, will file an amicus brief and, if so, identifying the attorney(s) who will submit such brief. A briefing schedule and the specific issues to be briefed will follow if the Court's invitation is accepted. The Clerk of this Court must send a copy of this order to all parties and to Mr. McCarty. Order entered.

Singing River Health System consisting of Singing River Hospital; Ocean Springs Hospital; Memorial Hospital at Gulfport and Garden Park Medical Center v. Mississippi State Department of Health and Harrison HMA, LLC, d/b/a Gulf Coast Medical Center; Hinds Chancery Court 1st District; LC Case #: G2013-29W/4; Ruling Date: 04/15/2013; Ruling Judge: Patricia Wise; Disposition: The Petition for Writ of Certiorari filed by the Appellants/Petitioners is denied. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Not Participating: Waller, C.J. Order entered.

Peggy Trull v. Magnolia Hill, LLC d/b/a Riverwalk Casino of Vicksburg, LLC; Warren Circuit Court; LC Case #: 11,0133CI; Ruling Date: 05/03/2013; Ruling Judge: M. Chaney, Jr.; Disposition: The Petition for Writ of Certiorari filed by Peggy Trull 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.

Jack H. Wilson, Jr. v. Joy Elizabeth Stewart; Hinds Chancery Court 1st District; LC Case #: G2002-2010 T/1; Ruling Date: 06/13/2013; Ruling Judge: J. Thomas; Disposition: The Petition for Writ of Certiorari filed by counsel for Jack H. Wilson, Jr. is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Verenzo Cartrell Green a/k/a Verenzo Green v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0138-J; Ruling Date: 03/07/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Verenzo Cartrell Green is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Not Participating: Waller, C.J. Order entered.

Donnie Sylvester v. State of Mississippi; Perry Circuit Court; LC Case #: 2010-0151; Ruling Date: 07/18/2013; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Donnie Sylvester is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.

Ethan M. Smith a/k/a Ethan Micah Smith v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-11-414; Ruling Date: 06/13/2013; Ruling Judge: Lisa Dodson; Disposition: The Petition for Writ of Certiorari filed by Ethan Smith is denied. To Deny: All Justices. Order entered.

John H. Mallett, M.D., Stephen C. Jones, M.D., Biloxi OBGYN Clinic, P.A., Ronnie Ali, D.O., Douglas McBride, M.O., Paragon Contracting Services, Inc., and GPCH-GP, Inc., d/b/a Garden Park Medical Center v. Amy Dye and Todd Dye; Harrison Circuit Court 1st District; LC Case #: A2401-13-117; Ruling Date: 10/18/2013; Ruling Judge: Lisa Dodson; Disposition: The Motion for Rehearing filed by the Appellants is denied. Dickinson, P.J., Pierce and Coleman, JJ., would grant. Waller, C.J., not participating.

Hence David Davis a/k/a Hence Davis a/k/a "Shawn" a/k/a "Shean" a/k/a "Sean" v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13CV093(W); Ruling Date: 02/13/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Hence David Davis is denied. To Deny: All Justices. Order entered.

Mississippi Division of Medicaid v. Melissa Pittman, as Next Friend and Natural Guardian of Javas Pittman, a Minor; Jasper Chancery Court 1st District; LC Case #: 2013-2191; Ruling Date: 05/20/2014; Ruling Judge: H. Clark, II; Disposition: The Petition for Writ of Certiorari filed by Melissa Pittman, as Next Friend and Natural Guardian of Javas Pittman, a Minor, is dismissed. Order entered.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: The State's Motion to Strike Petitioner's improper 28(k) filing is granted, and the letter from Petitioner's counsel and attached amicus curiae brief filed on June 18, 2015, are stricken. Order entered.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Eddie Lee Howard is granted leave to file his petition for post-conviction relief in the Circuit Court of Lowndes County within forty-five days after the issuance of this Court's mandate, and the trial court shall rule on that petition after first holding an evidentiary hearing on the issue, as mentioned in the order entered this date. Waller, C.J., for the Court. Order entered.

Mississippi Commission on Judicial Performance v. Rickey W. Thompson; LC Case #: 2013-104/131/166; Ruling Date: 09/17/2014; Ruling Judge: H. Clark, II; Disposition: The Motion for Rehearing filed by Rickey W. Thompson is denied.

Derick Richard Boone v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK14-110 A; Ruling Date: 04/02/2015; Ruling Judge: John Luther; Disposition: The Motion for Disqualification of Trial Judge filed by Derick Richard Boone is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Waller, C.J., Kitchens and King, JJ. Order entered.

In Re: Office of the Hinds County Public Defender; Hinds Circuit Court 1st District; LC Case #: 12-1-259; Ruling Date: 03/06/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: The Trial Court's Motion to Amend, Correct and/or Clarify order pursuant to MRAP 27(h)(6) is dismissed. Order entered.