09/04/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2013-CA-01840-SCT

Community Trust Bank of Mississippi, as Successor in Interest to the Madison County Bank v. First National Bank of Clarksdale and Karen K. White; Lafayette Chancery Court; LC Case #: 2010-609(R); Ruling Date: 10/11/2013; Ruling Judge: Hollis McGehee; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Waller, C.J., not participating.

Daryl Shinn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0466-CR1-C; Ruling Date: 05/22/2013; Ruling Judge: Lee Coleman; Majority Opinion: Lamar, J. Disposition: Conviction of armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence is to run consecutively to any sentence currently being served in cause no. 2010-0481-cr1c. Appellant shall pay costs of court. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Tellus Operating Group, LLC v. Maxwell Energy, Inc.; Jefferson Davis Chancery Court; LC Case #: 2006-0259; Ruling Date: 01/31/2012; Ruling Judge: David Shoemake; Disposition: Maxwell Energy, Inc.'s petition for writ of certiorari is granted. Tellus Operating Group, LLC's motion to dismiss appellee's petition for writ of certiorari is denied. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Dismiss: Pierce and Coleman, JJ. Waller, C.J., Not Participating. Order entered.

Tellus Operating Group, LLC v. Maxwell Energy, Inc.; Jefferson Davis Chancery Court; LC Case #: 2006-0259; Ruling Date: 01/31/2012; Ruling Judge: David Shoemake; Disposition: Sklar Exploration and Eagle Oil & Gas are granted leave to join as amici curiae in Tellus' response to and motion to dismiss the petition for a writ of certiorari filed by Maxwell Energy, Inc. Order entered.

Tellus Operating Group, LLC v. Maxwell Energy, Inc.; Jefferson Davis Chancery Court; LC Case #: 2006-0259; Ruling Date: 01/31/2012; Ruling Judge: David Shoemake; Disposition: Motion to Strike Appellee's Rebuttal in Support of Petition for Writ of Certiorari filed by Tellus Operating Group, LLC, is granted. Order entered.

Jerry P. Mize v. Westbrook Construction Company of Oxford, LLC, Jimmy Alvis Lewis, Jr., Kay W. Lewis and Jimmie Waller; Lafayette Chancery Court; LC Case #: 2008-507A; Ruling Date: 03/20/2012; Ruling Judge: Glenn Alderson; Majority Opinion: Randolph, P.J. Disposition: The judgment of the Court of Appeals is Reversed In Part. The judgment of the Chancery Court of Lafayette County is Reversed in Part and the case is Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Matthew Gibbs a/k/a Matthew Gibbes v. State of Mississippi; Smith Circuit Court; LC Case #: 2009-55K; Ruling Date: 05/10/2012; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed pro se by Matthew Gibbs is dismissed as untimely. M.R.A.P. 17(b). Order entered.

In the Matter of the Estate of Charles William White, Deceased: Anita White, Individually and as Executor of the Estate of Charles William White v. Charles Thomas White; DeSoto Chancery Court; LC Case #: 09-06-1369(PL); Ruling Date: 11/23/2011; Ruling Judge: Percy Lynchard, Jr.; Disposition: Anita White's petition for writ of certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Lamar, J., Not Participating. Order entered.

Eric B. Gore a/k/a Eric Bradley Gore v. State of Mississippi; Webster Circuit Court; LC Case #: 2011-30-CR; Ruling Date: 06/28/2012; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Eric B. Gore a/k/a Eric Bradley Gore is denied. To Deny: All Justices. Order entered.

Lyndon C. Myers a/k/a Lyndon Myers a/k/a Lyndon Charles Myers a/k/a Lyndon C. Myers, III v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0431-JC; Ruling Date: 01/11/2013; Ruling Judge: William Chapman, III; Disposition: Lyndon C. Myers's Motion to Expedite Appellate Process Due to Actual Innocence is dismissed for mootness. Order entered.

Lyndon C. Myers a/k/a Lyndon Myers a/k/a Lyndon Charles Myers a/k/a Lyndon C. Myers, III v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0431-JC; Ruling Date: 01/11/2013; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of armed robbery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of armed robbery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of armed robbery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of conspiracy to commit armed robbery and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count VI: Conviction of possession of a firearm by a convicted felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. After Appellant has served one (1) day in the custody of the Mississippi Department of Corrections, Appellant shall be released and serve five (5) years on supervised post-release supervision, under the direction of the Mississippi Department of Corrections, with conditions. Sentences in counts I, II and III shall run concurrently. Sentence in count V shall run concurrently with the sentences in counts I, II and III. Sentence in count VI shall run consecutively with the sentences in counts I, II, III and V. Appellant shall pay court costs, fees and assessments in the amount of $1,602.50 to be paid-in-full within ninety (90) days following release from custody. Appellant taxed with costs of appeal. Votes: Lamar, Chandler, Pierce, and Coleman JJ., Concur. Coleman, J., Specially Concurs With Separate Written Opinion Joined by Pierce, J.; Randolph, P.J., Joins In Part. King, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Waller, C.J., not participating. Specially Concurring Opinion: Coleman, J. Votes: Pierce, J., Joins This Opinion. Randolph, P.J., Joins This Opinion in Part. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Carey Jason Witten v. State of Mississippi, Ex Rel., Mississippi Department of Public Safety and Criminal Information Center, Sex Offenders Registry; Adams Circuit Court; LC Case #: 13-KV-0002-S; Ruling Date: 05/06/2013; Ruling Judge: Lillie Sanders; Disposition: Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Carey Jason Witten v. State of Mississippi, Ex Rel., Mississippi Department of Public Safety and Criminal Information Center, Sex Offenders Registry; Adams Circuit Court; LC Case #: 13-KV-0002-S; Ruling Date: 05/06/2013; Ruling Judge: Lillie Sanders; Disposition: Appellee's Motion to Strike the Appellant's Rebuttal Response is denied. Order entered.

Tianyi Chu Marney v. Shawn Marney; DeSoto Chancery Court; LC Case #: 13-cv-2161VC; Ruling Date: 06/19/2014; Ruling Judge: Vicki Cobb; Disposition: The Petition for Interlocutory Appeal and Stay of Trial Court Proceeding filed by Tianyi Chu Marney is granted. This matter is remanded to the DeSoto County Chancery Court to allow Tianyi Chu Marney to present specific information to the DeSoto County Chancery Court so that it may determine whether any documents or materials should be produced in discovery, what if any privilege exists and what, if any exceptions apply. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The costs of this appeal are taxed equally to the parties. Waller C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., would grant and render. Dickinson, P.J., and Kitchens, J., would grant only. King, J., for the Court. Order entered.