Supreme Court of MississippiHand Down List
September 12, 2013
09/12/2013 - Hand Down and published opinions in WordPerfect/ZIP format
Chandler, David Anthony
X 2012-CA-01714-SCT
Memorial Hospital at Gulfport v. In the Matter of the Guardianship of Nicholas Proulx, a Minor by and through his Father, Timothy Proulx and Hope Proulx Roche, his Mother; Hancock Chancery Court; LC Case #: C2301-12-0411; Ruling Date: 09/28/2012; Ruling Judge: Carter Bise; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.
Waller, William L.
X 2012-CA-00950-SCT
City of Belzoni, Mississippi v. Shirley Johnson; Humphreys Circuit Court; LC Case #: 2006-0091; Ruling Date: 05/15/2012; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.
EN BANC
2010-CT-01470-SCT
Charlie Honeycutt v. Tommy Coleman, Atlanta Casualty Companies, Atlanta Casualty Company and American Premier Insurance Company; Lowndes Circuit Court; LC Case #: 2001-0059-CV1; Ruling Date: 08/27/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by Appellees is denied. Randolph, P.J., and Pierce, J., would grant.
EN BANC
2010-CT-01470-SCT
Charlie Honeycutt v. Tommy Coleman, Atlanta Casualty Companies, Atlanta Casualty Company and American Premier Insurance Company; Lowndes Circuit Court; LC Case #: 2001-0059-CV1; Ruling Date: 08/27/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Appellant's Motion To Dismiss Appellee's Motion for Rehearing is denied. Order entered.
EN BANC
2010-CT-01929-SCT
Ronald Payne and Thomas Payne, Individually and on Behalf of The Wrongful Death Beneficiaries of Marie Payne, Deceased v. Cleveland Gowdy, Individually and as an Employee of Schneider National Carriers, Inc., and Schneider National Carriers, Inc.; Lauderdale Circuit Court; LC Case #: 09-CV-007W; Ruling Date: 08/19/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Ronald Payne was granted by Order of this Court on March 21, 2013. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the petition for writ of certiorari is dismissed. To Dismiss: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Chandler, J., Objects to the Order with Separate Written Statement Joined by Waller, C.J., Kitchens and King, JJ. Coleman, J., for the Court. Order entered.
EN BANC
X 2011-CT-00090-SCT
Kathy Allegrezza v. Greenville Manufacturing Company and The Travelers Insurance Company; Washington Circuit Court; LC Case #: 9716356-H-2959; Ruling Date: 12/15/2010; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.
EN BANC
2011-CT-00645-SCT
Charles Sylvester Bell a/k/a Charles S. Bell v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0143; Ruling Date: 04/05/2011; Ruling Judge: Robert Helfrich; Disposition: The Judgment of the Court of Appeals is affirmed in part and reversed in part, the judgment of the Circuit Court of Forrest County is affirmed in part and reversed in part and this case is remanded to the Circuit Court of Forrest County for an evidentiary hearing on whether Bell made a knowing and intelligent waiver of double-jeopardy. If the trial court finds that Bell did make a knowing and intelligent waiver of double jeopardy, it shall make a legal determination of whether such waivers are constitutionally permissible, and rule on Bell's petition. On remand, the trial court should consider appointing counsel to represent Bell with respect to these issues. Forrest County shall pay all costs associated with this appeal. All Justices Agree. Dickinson, P.J., for the Court. Order entered.
EN BANC
2011-CT-00823-SCT
In the Matter of the Estate of William Randy Ivy, Deceased: Legand Dakota Benton, by and through Kelly Nicole Brand, his mother and next friend v. Joyce Ivy, as Administratrix of the Estate of William Randy Ivy, Deceased; Kemper Chancery Court; LC Case #: 2010-0060-F; Ruling Date: 04/26/2011; Ruling Judge: Edward Fenwick; Disposition: Petition for writ of certiorari filed by Legand Dakota Benton is denied. To Deny: All Justices. Order entered.
EN BANC
2011-CT-00834-SCT
Joel Baskin v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2011-0009-CR; Ruling Date: 04/18/2011; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Joel Baskin is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.
EN BANC
2011-IA-00928-SCT
Ground Control, LLC v. Capsco Industries, Inc., W.G. Yates & Sons Construction Company and Harrah's Entertainment, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-10-047; Ruling Date: 04/04/2011; Ruling Judge: Roger Clark; Disposition: Motion for rehearing filed by Appellees is denied. Randolph, P.J., Pierce and Coleman, JJ., would grant.
EN BANC
2011-CT-01375-SCT
Erick Lee Howard v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV-2010-0358RCD; Ruling Date: 09/07/2011; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Erick Lee Howard, pro se, is denied. To Deny: All Justices. Order entered.
EN BANC
2011-CT-01414-SCT
Guy E. Evans v. Joel W. Howell, III; Hinds Circuit Court 1st District; LC Case #: 251-09-438CIV; Ruling Date: 11/10/2010; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Guy E. Evans is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Order entered.
EN BANC
2012-KA-00294-SCT
John O'Connor a/k/a John Allen O'Connor a/k/a John O'Conner v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2010-1114; Ruling Date: 12/06/2011; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed pro se by John O'Connor is dismissed. Randolph, P.J., and King, J., would deny.
EN BANC
2012-KA-00836-SCT
Natasha Graham a/k/a Natasha J. Graham a/k/a Natasha Jean Graham a/k/a "Tasha" v. State of Mississippi; Lamar Circuit Court; LC Case #: 2011K-340M; Ruling Date: 04/20/2012; Ruling Judge: Anthony Mozingo; Disposition: Motion for rehearing filed pro se by Natasha Graham is denied.
EN BANC
2012-KA-00836-SCT
Natasha Graham a/k/a Natasha J. Graham a/k/a Natasha Jean Graham a/k/a "Tasha" v. State of Mississippi; Lamar Circuit Court; LC Case #: 2011K-340M; Ruling Date: 04/20/2012; Ruling Judge: Anthony Mozingo; Disposition: Letter - Request for New Counsel filed by Natasha Graham is denied. Order entered.
EN BANC
2013-TS-00347
Cheryl Rankin v. Larry Cruel, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-06-741; Ruling Date: 05/27/2007; Ruling Judge: Tomie Green; Disposition: Motion to Dismiss Appeal filed by Larry Cruel is granted. Agree: All Justices. Order entered.