09/17/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2013-KA-02121-SCT

Brian Holliman a/k/a Brian Douglas Holliman a/k/a Brian D. Holliman a/k/a Bryan Holliman v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0112CR1; Ruling Date: 08/15/2013; Ruling Judge: Lee Howard; Majority Opinion: Chandler, J. Disposition: Conviction of First-Degree Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Hanco Corporation v. Patricia Goldman, Timothy Kelly, Nancy Kelly, and Jonathan W. Kelly, Wrongful Death Beneficiaries of Wayne Kelly, Deceased; Jones Circuit Court 2nd District; LC Case #: 2010-112-CV11; Ruling Date: 04/16/2013; Ruling Judge: Billy Landrum; Consolidated with 2013-IA-00731-SCT Patricia Goldman, Timothy Kelly, Nancy Kelly and Jonathan W. Kelly, Wrongful Death Beneficiaries of Wayne Kelly, Deceased v. American Air Specialists of Mississippi, Inc. and Hanco Corporation; Jones Circuit Court 2nd District; LC Case #: 2010-112-CV11; Ruling Date: 04/16/2013; Ruling Judge: Billy Landrum; Majority Opinion: Kitchens, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Michael Deark Gardner a/k/a Yakim Ananian El Bey a/k/a Ananian El Bey a/k/a Yakim El Bey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-13-496; Ruling Date: 08/27/2014; Ruling Judge: Michael Ward; Majority Opinion: Lamar, J. Disposition: Conviction of Possession of Marijuana with intent to distribute and sentence of Ten (10) Years to be served day for day, as a habitual offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant shall not be eligible for parole or probation. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Chandler, Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Timothy Robert Ronk a/k/a Timothy Ronk a/k/a Timothy R. Ronk v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-434; Ruling Date: 10/08/2010; Ruling Judge: Lisa Dodson; Disposition: The Motion for Rehearing filed by Appellant is denied.

Matthew Burnham v. Dana Burnham; Covington Chancery Court; LC Case #: 2011-172; Ruling Date: 06/26/2012; Ruling Judge: David Shoemake; Disposition: The Petition for Writ of Certiorari filed by Matthew Burnham is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Lamar, J. Not Participating: Randolph, P.J. Order entered.

Shelby Ray Parham a/k/a Shelby Parham v. State of Mississippi; Clay Circuit Court; LC Case #: 2009-0110K; Ruling Date: 01/24/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed by Shelby Ray Parham is denied. To Deny: All Justices. Order entered.

Bennie Gunn a/k/a Bennie Lee Gunn v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-486 WAG; Ruling Date: 12/18/2012; Ruling Judge: William Gowan, Jr.; Disposition: The Petition for Writ of Certiorari filed by Bennie Gunn is denied. To Deny: All Justices. Order entered.

Victor D. Jones a/k/a Victor Dewayne Jones a/k/a Victor Jones v. State of Mississippi; Pike Circuit Court; LC Case #: 11-084-PCS; Ruling Date: 10/02/2013; Ruling Judge: David Strong, Jr.; Disposition: The Petition for Writ of Certiorari filed by Victor Jones is denied. To Deny: All Justices. Order entered.

Terrell G. Bass a/k/a Terrell Gene Bass a/k/a Terrell Bass v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0450m; Ruling Date: 10/07/2013; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari filed pro se by Terrell G. Bass is denied. To Deny: All Justices. Order entered.

Lorenzo Hull v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0130CRP; Ruling Date: 10/02/2013; Ruling Judge: Isadore Patrick, Jr.; Disposition: Lorenzo Hull's Petition for Writ of Certiorari 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.

Tim Turner a/k/a Timothy Turner v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV13-097-P-1; Ruling Date: 10/08/2013; Ruling Judge: James Pounds; Disposition: The Petition for Writ of Certiorari filed by Tim Turner is denied. To Deny: All Justices. Order entered.

Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey v. State of Mississippi; Scott Circuit Court; LC Case #: 2013-CV-306-SC-C; Ruling Date: 11/05/2013; Ruling Judge: Vernon Cotten; Disposition: Petition for Writ of Certiorari filed by Rickey Sturkey, pro se, was granted June 25, 2015, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review, and the writ of certiorari is dismissed. On the Court's own motion, the writ of certiorari is dismissed. Dickinson, P.J., Kitchens and King, JJ., Disagree. Pierce, J., for the Court. Order entered.

Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey v. State of Mississippi; Scott Circuit Court; LC Case #: 2013-CV-306-SC-C; Ruling Date: 11/05/2013; Ruling Judge: Vernon Cotten; Disposition: Motion to Clarify Order of this Court filed by Rickey Sturkey, pro se, is dismissed as moot. Order entered.

Mississippi Commission on Judicial Performance v. Talmadge D. Littlejohn; LC Case #: 2012-215; Ruling Date: 08/20/2014; Ruling Judge: H. Clark, II; Disposition: The Motion to Suspend the Rules and add addendum to Motion for Rehearing is denied. Order entered.

Mississippi Commission on Judicial Performance v. Talmadge D. Littlejohn; LC Case #: 2012-215; Ruling Date: 08/20/2014; Ruling Judge: H. Clark, II; Disposition: The Motion for Rehearing filed by Talmadge Littlejohn is denied. Kitchens, Chandler and Pierce, JJ., would grant. The Motion to Suspend the Rules and Grant Oral Argument filed by Talmadge Littlejohn is denied. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: The State's Motion to Disqualify Counsel and/or to Determine Qualifications of Counsel Pursuant to Rule 22 of the Mississippi Rules of Appellate Procedure and Incorporated Motion to Stay All Post-Conviction Proceedings Pending such Determination is granted. Dellwyn Smith and Jamila Alexander are disqualified from representing Corrothers in his efforts to obtain post-conviction relief. All other relief requested by the State is denied. The Motion for Leave to File Reply in Support of Motion to Disqualify Counsel and/or to Determine Qualifications of Counsel Pursuant to Rule 22 of the Mississippi Rules of Appellate Procedure and Incorporated Motion to Stay All Post-Conviction Proceedings Pending Such Determination is granted. Agree: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. Disagree: Dickinson, P.J., and Pierce, J. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: Corrothers's Petition for Permission to Appeal [the] Circuit Court's Order Requiring Disclosure of Youth Court and DHS Records to the State is granted. On interlocutory appeal, the Circuit Court of Lafayette County's June 3, 2015 order, to the extent that it provides reciprocal discovery to the State of videotapes from local news stations, Corrothers's and Corrothers's siblings' youth court records, and Corrothers's and Corrothers's family's Department of Human Services records, is vacated and rendered. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The State is taxed with all costs of this appeal. Agree: Dickinson, P.J., Pierce, King and Lamar, JJ. Chandler, J., Objects with Separate Written Statement Joined by Waller, C.J., and Randolph, P.J. Coleman, J. Disagrees. Kitchens, J., for the Court. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: Corrothers's motion to seal documents is granted. Agree: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Disagree: Waller, C.J., and Randolph, P.J. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: The State's motion to exceed the page limit is granted. Agree: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Disagree: Waller, C.J., and Randolph, P.J. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: Lk09-380; Ruling Date: 06/03/2015; Ruling Judge: Andrew Howorth; Disposition: Corrothers's Motion and Amended Motion for Leave to File Reply to State's Answer in Opposition to Petition for Permission to Appeal the Circuit Court's order requiring disclosure of Youth Court and DHS Records to the State are denied. The State's Motion to Strike Exhibit 1 and Leave to Supplement Answer to strike Corrothers's Motion for Leave is granted. The State's request for leave to amend its answer is dismissed as moot. Agree: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Disagree: Waller, C.J., and Randolph, P.J. Order entered.