08/10/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
XX  2016-CP-00616-SCT

Arlin George Hatfield, III v. The Board of Supervisors of Madison County, Mississippi; Madison Circuit Court; LC Case #: CI-2015-0119-JR; Ruling Date: 03/08/2016; Ruling Judge: Steve Ratcliff, III; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Beam and Chamberlin, JJ., Concur. Coleman, J., Concurs in Part and in Result with Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Concurring in Part and in Result Opinion: Coleman, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Charlie Chambliss a/k/a Charlie R. Chambliss a/k/a Charlie Ralph Chambliss v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2016-10KR; Ruling Date: 03/28/2016; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes; Lee Chancery Court; LC Case #: 07-0694; Ruling Date: 08/31/2011; Ruling Judge: C. Malski; Consolidated with 2014-CT-01533-SCT Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes; Lee Chancery Court; LC Case #: CV2007-000694-41; Ruling Date: 09/25/2014; Ruling Judge: C. Malski; Disposition: Appellants' Motion for Reconsideration is denied. Maxwell, J., not participating.

James Cobb Hutto, III a/k/a James C. Hutto, III a/k/a James Cobb Hutto a/k/a James C. Hutto a/k/a James Hutto, III a/k/a James Hutto a/k/a Jamie Hutto a/k/a The Hitman v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 11-5005; Ruling Date: 05/28/2013; Ruling Judge: William Gowan, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.

Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes; Lee Chancery Court; LC Case #: CV2007-000694-41; Ruling Date: 09/25/2014; Ruling Judge: C. Malski; Consolidated with 2011-CT-01451-SCT In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes; Lee Chancery Court; LC Case #: 07-0694; Ruling Date: 08/31/2011; Ruling Judge: C. Malski; Disposition: Appellants' Motion for Reconsideration is denied. Maxwell, J., not participating.

David Dickerson v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0049CR; Ruling Date: 07/25/2012; Ruling Judge: Lamar Pickard; Disposition: The Motion to Hold Post-Conviction Proceedings in Abeyance due to Petitioner's Incompetency filed on behalf of David Dickerson by the Mississippi Office of Capital Post-Conviction Counsel is hereby granted insofar as Dickerson's post-conviction collateral relief proceedings before the Court are stayed and the matter is remanded to the Circuit Court of Copiah County for a determination of Dickerson's competence to proceed before the Court in post-conviction collateral relief proceedings. The competency hearing in the circuit court shall be held within ninety (90) days of the entry of the Order. The circuit court shall make written findings and provide them to the Court, along with preparing and submitting a record of the proceedings. Upon receipt of the circuit court's competency determination, the stay on Dickerson's post-conviction collateral relief proceedings before the Court shall be lifted. The Motion to Stay Post-Conviction Proceedings and for Permission to Supplement and Amend Petitioner's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed on behalf of David Dickerson by the Mississippi Office of Capital Post-Conviction Counsel is hereby dismissed without prejudice. If desired, the motion to supplement may be re-filed, including the requested supplementation to the Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief, within forty-five (45) days of the circuit court's competency determination. All Justices Agree. Order entered.

Marterius C. Sanders a/k/a Marterius Sanders a/k/a Marterious Sanders a/k/a Greg a/k/a "G" v. State of Mississippi; Lee Circuit Court; LC Case #: CR15-134; Ruling Date: 05/28/2015; Ruling Judge: Thomas Gardner, III; Disposition: The Motion for Writ of Certiorari filed by Marterius C. Sanders, pro se, is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J. Order entered.

Richard Rylee and Beth Rylee v. Progressive Gulf Insurance Company and USAA Casualty Insurance Company; Jones Circuit Court 2nd District; LC Case #: 2013-49-CV5; Ruling Date: 09/22/2015; Ruling Judge: Richard McKenzie; Disposition: Progressive Gulf Insurance Company's Motion to Strike Addendum and/or Supplement to Motion for Rehearing is granted and we strike the addendum untimely filed by the Rylees on April 19, 2017. Dickinson, P.J., not participating. Order entered.

Richard Rylee and Beth Rylee v. Progressive Gulf Insurance Company and USAA Casualty Insurance Company; Jones Circuit Court 2nd District; LC Case #: 2013-49-CV5; Ruling Date: 09/22/2015; Ruling Judge: Richard McKenzie; Disposition: The Motion for Rehearing filed by the Appellants is denied. Dickinson, P.J., not participating.

Jane Doe v. Hallmark Partners, LP, SJP One, LLC, Veronica Moore, New Horizons Management, LLC and Security Engineers, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-14-434; Ruling Date: 10/06/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Rehearing filed by Hallmark Partners, LP, SJP One, LLC, Veronica Moore and New Horizons Management, LLC is denied. Dickinson, P.J., and Coleman, J., would grant.

Jane Doe v. Hallmark Partners, LP, SJP One, LLC, Veronica Moore, New Horizons Management, LLC and Security Engineers, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-14-434; Ruling Date: 10/06/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Rehearing filed by Security Engineers, Inc., is denied. Dickinson, P.J., and Coleman, J., would grant.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Disposition: The Motion for Rehearing and for Leave to Supplement Petition filed by Petitioner is denied. Kitchens and King, JJ., would grant.