08/22/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2012-KA-00988-SCT

Malcolm Clifton Weeks a/k/a Malcolm Clifton Weeks, Sr. a/k/a Malcolm C. Weeks a/k/a Malcolm Weeks, Sr. a/k/a Malcolm Weeks v. State of Mississippi; Rankin Circuit Court; LC Case #: 22661; Ruling Date: 04/20/2012; Ruling Judge: William Chapman, III; Majority Opinion: Lamar, J. Disposition: Count II: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of gratification of lust and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. The last fifteen (15) years in count IV are stayed and that portion of the sentence is suspended and the appellant shall be released and placed on five (5) years supervised probation and is required to register as a sex offender. Sentences imposed in counts III and IV shall run concurrently with each other but consecutively to sentence in count II, with conditions. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

William Martin Falkner and wife, Valerie J. Falkner v. John E. Stubbs, Jr. d/b/a Mississippi Polysteel; Chickasaw Circuit Court 1st District; LC Case #: H-2001-95; Ruling Date: 09/01/2010; Ruling Judge: Henry Lackey; Disposition: John Stubbs's motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Affirmed in Part and Reversed in Part and Remanded. See opinion of this Court handed down this date.

William Martin Falkner and wife, Valerie J. Falkner v. John E. Stubbs, Jr. d/b/a Mississippi Polysteel; Chickasaw Circuit Court 1st District; LC Case #: H-2001-95; Ruling Date: 09/01/2010; Ruling Judge: Henry Lackey; Majority Opinion: Chandler, J. Disposition: John Stubbs's motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor. The judgment of the Court of Appeals is Affirmed. The judgment of the Chickasaw County Circuit Court is Affirmed in Part and Reversed in Part and Remanded. Appellants and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Ted W. Stone a/k/a Ted Stone v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR10-085; Ruling Date: 10/07/2010; Ruling Judge: James Pounds; Disposition: Appellant's pro se Second Motion to Recuse filed on July 30, 2013, is dismissed as moot. Order entered.

Texaco, Inc. and Chevron Corporation v. Rosalyn Simon, By and Through Loraine Simon, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; Ken'Driana Gibbs, By and Through Donzella January, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; Petra Ron Chess, By and Through Louise Chess, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; By and Through Davion Norton, By and Through Eva Norton, His Natural Mother, Adult Next Friend, and Guardian Ad Litem; Alexander Nickel, By and Through Belinda Nickel, Her Natural Mother, Adult Next Friend, and Guardian Ad Litem; Jefferson Circuit Court; LC Case #: 2007-110; Ruling Date: 08/11/2010; Ruling Judge: Lamar Pickard; Disposition: This appeal is dismissed and this case is remanded to the Circuit Court of Jefferson County and, upon sufficient evidence satisfactory to the circuit judge that all required approvals of the settlement have been obtained, the circuit judge shall enter an Agreed Order expunging the judgment against Texaco Inc. and Chevron Corporation nunc pro tunc and holding it as naught as required to carry out an agreement among the parties. The Clerk of this Court is directed to immediately issue this Court's mandate. Each party will bear their own costs. Dickinson, P.J., for the Court. Order entered.

J.C. Williams v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-118-KR2; Ruling Date: 10/12/2009; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by J.C. Williams, pro se, is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Pierce, J. Order entered.

William Andrew Short v. Kathryn Taylor Short; Lee Chancery Court; LC Case #: 2007-0094-41-L; Ruling Date: 06/29/2011; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by counsel for William Andrew Short is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J., and Kitchens, J. Order entered.

Andrew Lee Hammond a/k/a Andrew L. Hammond a/k/a Andrew Hammond a/k/a Drew v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2010-140-LS; Ruling Date: 01/28/2011; Ruling Judge: David Strong, Jr.; Disposition: Petition for writ of certiorari filed by Andrew Lee Hammond is denied. To Deny: All Justices. Order entered.

Shawn Doss a/k/a Shawn Lamont Doss a/k/a Shawn L. Doss v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0112-CV1K; Ruling Date: 12/05/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Shawn Doss is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Kenton H. McNeese v. Katherine J. McNeese; Lamar Chancery Court; LC Case #: 37-2011-0202-G-F; Ruling Date: 12/31/2011; Ruling Judge: Eugene Fair, Jr.; Disposition: Motion for rehearing filed by Kenton H. McNeese, pro se, is denied. Opinion modified at paragraphs 33, 34 and 35.

City of Mendenhall, Mississippi v. Albert and Bridget Lewis, Individually and as Next Friend and Parents of Marshay Lewis; Simpson Circuit Court; LC Case #: 2012-204; Ruling Date: 03/19/2013; Ruling Judge: Eddie Bowen; Disposition: Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal and Motion for En Banc Review filed by the City of Mendenhall, Mississippi is granted. The City's Petition for Permission to File Interlocutory Appeal is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed as required by Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. Order entered.