09/19/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
XXX  2012-KA-00466-SCT

John Edward Wrenn v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-490GCD; Ruling Date: 02/20/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Lamar, J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ.; Kitchens, J., Joins In Part. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ.; Dickinson, P.J., Joins In Part. Dissenting Opinion: Dickinson, P.J. Votes: Chandler and King, JJ., Join This Opinion. Kitchens, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Frederick L. Wilson a/k/a Fredrick L. Wilson a/k/a Fredrick Wilson a/k/a Frederick Wilson v. State of Mississippi; Scott Circuit Court; LC Case #: 08-CR-110-SC-G; Ruling Date: 06/12/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in count II shall run consecutively to the sentence imposed in count I. Scott County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Jerry Lavon Rayborn v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-052CR; Ruling Date: 08/14/2007; Ruling Judge: Robert Helfrich; Disposition: Application for Leave to Proceed in the Trial Court on a Motion for Post-Conviction Collateral Relief filed pro se by Jerry Lavon Rayborn is dismissed. Kitchens and King, JJ., would grant. Order entered.

In the Matter of The Estate of Theodore Clark Weill, Deceased: Janelle Skinner Weill v. Terry Paul Weill; Pike Chancery Court; LC Case #: 2009-635; Ruling Date: 01/26/2011; Ruling Judge: Debbra Halford; Disposition: Petition for writ of certiorari filed by Janelle Skinner Weill is denied. To Deny: All Justices. Order entered.

Jeffery Webb v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-126-CRY; Ruling Date: 02/18/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by counsel for Jeffery Webb is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Kenneth G. Haik and Diana W. Haik v. James D. Gammill, Britton D. Gammill, John T. Ball, Eileen Ball and The Estate of Reuben Lee Harper, Jr.; Adams Chancery Court; LC Case #: 2008-599; Ruling Date: 07/22/2011; Ruling Judge: Joe Walker; Disposition: Petition for writ of certiorari filed by Kenneth G. Haik and Diana W. Haik is denied. To Deny: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Waller, C.J., Dickinson, P.J., and Coleman, J. Order entered.

Kenneth G. Haik and Diana W. Haik v. James D. Gammill, Britton D. Gammill, John T. Ball, Eileen Ball and The Estate of Reuben Lee Harper, Jr.; Adams Chancery Court; LC Case #: 2008-599; Ruling Date: 07/22/2011; Ruling Judge: Joe Walker; Disposition: Petition for writ of certiorari filed by James D. Gammill, Britton D. Gammill, John T. Ball, Eileen Ball and the Estate of Reuben Lee Harper, Jr., is denied. To Deny: All Justices. Order entered.

Cavalier Home Builders v. Paul Baughman and Tiffany Baughman; Hancock Circuit Court; LC Case #: 08-0420; Ruling Date: 06/08/2011; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by Paul Baughman and Tiffany Baughman is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller. C.J., Lamar, Pierce and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

Gary Richard v. Emilio Garma-Fernandez; Oktibbeha Chancery Court; LC Case #: 09-0286-B; Ruling Date: 11/03/2010; Ruling Judge: Kenneth Burns; Disposition: Petition for writ of certiorari filed by Gary Richard is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and Coleman, JJ. To Grant: Kitchens, Pierce and King, JJ. Order entered.

Mattie Bennett, Individually and on Behalf of the Wrongful Death Beneficiaries of Josephine Lewis, Deceased and as Administratrix of the Estate of Josephine Lewis, Deceased v. T. Robert Hill and Hill-Boren P.C.; Jones Circuit Court 2nd District; LC Case #: 2008-917-CV6; Ruling Date: 03/28/2012; Ruling Judge: William Coleman; Disposition: Joint Motion to Dismiss Appeal filed by all parties to this proceeding is hereby granted. Pierce, J., for the Court. Order entered.

Ollie Lee Evans a/k/a Ollie Lee Evans, Jr. a/k/a Ollie Evans v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0154; Ruling Date: 09/17/2012; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed pro se by Ollie Lee Evans is dismissed. M.R.A.P. 17(b). Order entered.

Mississippi Commission on Judicial Performance v. Robert Earl Fowlkes; LC Case #: 2012-066; Ruling Date: 05/01/2013; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Robert Earl Fowlkes is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Robert Earl Fowlkes; LC Case #: 2012-066; Ruling Date: 05/01/2013; Ruling Judge: H. Clark, II; Majority Opinion: Coleman, J. Disposition: Municipal Court Judge Robert Earl Fowlkes shall be publicly reprimanded, fined $1,000, and assessed costs of $200. The public reprimand shall be read in open court by the presiding judge of the Monroe County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Fowlkes in attendance. Municipal Court Judge Robert Earl Fowlkes taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.