Supreme Court of MississippiHand Down List
September 18, 2014
09/18/2014 - Hand Down and published opinions in WordPerfect/ZIP format
Chandler, David Anthony
X 2012-KA-01318-SCT
Stevenson Ford a/k/a Steve Ford v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0043; Ruling Date: 11/19/2009; Ruling Judge: Betty Sanders; Majority Opinion: Chandler, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay $322 court costs, $300 attorney fees and a 2% bond fee. Washington County 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 2013-KA-00390-SCT
James McCoy a/k/a Robert Johnson a/k/a James Desean McCoy v. State of Mississippi; Union Circuit Court; LC Case #: UK-2006-171; Ruling Date: 12/01/2011; Ruling Judge: Andrew Howorth; Majority Opinion: Waller, C.J. Disposition: Count I: Conviction of armed robbery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended and thirty (30) years to serve, Affirmed. Count II: Conviction of armed robbery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended and thirty (30) years to serve, Affirmed. Sentence in Count I to run consecutively to sentence in Count II for a total term of imprisonment of seventy (70) years, with ten (10) years suspended, and sixty (60) years to serve. Upon his release, Appellant shall be placed on five (5) years of post-release supervision. In addition, during the period of post-release supervision, Appellant shall pay $4,600 in restitution to the victims, along with all court costs. Union County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.
EN BANC
2010-DR-01072-SCT
Roger Lee Gillett v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715-CR; Ruling Date: 11/05/2007; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Randolph, P.J., Chandler and Pierce, JJ., would grant.
EN BANC
XX 2012-CT-00536-SCT
Joseph Jones v. Imperial Palace of Mississippi, LLC; Harrison Circuit Court 2nd District; LC Case #: A2402-07-161; Ruling Date: 02/23/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Circuit Court of Harrison County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, 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.
EN BANC
X 2012-CT-00718-SCT
Leslie B. Shumake, Jr. v. Katarina Sitton Shumake; DeSoto Chancery Court; LC Case #: 06-03-0388; Ruling Date: 04/10/2012; Ruling Judge: Woodrow Brand, Jr.; Majority Opinion: King, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the DeSoto County Chancery Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce and Coleman, JJ., Concur. Lamar, J., not participating.
EN BANC
2012-CT-01176-SCT
Willie Kinzie v. Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Donald Smith, Nikki Daggins, Ray Faja and Staffmark Investment, LLC; Hinds Circuit Court 1st District; LC Case #: 251-10-901CIV; Ruling Date: 07/05/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Appellees Belk Department Stores, L.P., Belk, Inc., David Flowers, Shanay Grant, Kathy Coffey, Ray Faja, and Staffmark Investment, LLC, is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Pierce and Coleman, JJ. To Deny: Lamar, Kitchens, Chandler and King, JJ. Order entered.
EN BANC
2012-CT-01453-SCT
John Edward Corser a/k/a John E. Corser a/k/a John E. Corser, Sr. a/k/a John Edward Corser, Sr. a/k/a John Corser v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-00034; Ruling Date: 06/22/2012; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by John Edward Corser is denied. To Deny: All Justices. Order entered.
EN BANC
2012-CT-01552-SCT
Debra Ludwig a/k/a Debra Ann Ludwig a/k/a Debbie Ann Lumpkin v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2012-210 GCD; Ruling Date: 09/06/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for writ of certiorari filed by Debra Ludwig is denied. To Deny: All Justices. Order entered.
EN BANC
2013-CA-00043-SCT
Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association; Harrison Chancery Court 1st District; LC Case #: 12-CV-01131; Ruling Date: 12/17/2012; Ruling Judge: James Persons; Disposition: Motion for Summary Reversal and Remand or in the Alternative to Supplement the Record is dismissed as moot. Order entered.
EN BANC
2013-CA-00043-SCT
Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association; Harrison Chancery Court 1st District; LC Case #: 12-CV-01131; Ruling Date: 12/17/2012; Ruling Judge: James Persons; Disposition: The Joint Motion to Dismiss with Prejudice is granted. Motion for Joinder to Motion to Dismiss filed by South Mississippi Electric Power Association is granted. This appeal is dismissed upon entry of this order. Each party is to bear its respective costs, except as otherwise provided in their agreement. Lamar, J., for the Court. Order entered.
EN BANC
2013-CA-00043-SCT
Sierra Club v. Mississippi Public Service Commission, Mississippi Power Company, Inc. and South Mississippi Electric Power Association; Harrison Chancery Court 1st District; LC Case #: 12-CV-01131; Ruling Date: 12/17/2012; Ruling Judge: James Persons; Disposition: Second Motion to Supplement the Record filed by Appellant is dismissed as moot. Order entered.
EN BANC
2013-KA-00184-SCT
Frank Gideon Whitaker, IV a/k/a Frank Gideon Whitaker a/k/a Frank Whitaker v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0024 CRC; Ruling Date: 01/25/2013; Ruling Judge: M. Chaney, Jr.; Disposition: Motion for rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.