09/22/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2015-CA-00740-SCT

Catherine Doe v. Stan Smith; Marshall Chancery Court; LC Case #: 2014-0431(A); Ruling Date: 04/21/2015; Ruling Judge: Glenn Alderson; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ., Concur.

Daner Ford a/k/a Danner Ford a/k/a Dana Ford v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0043 CR; Ruling Date: 11/19/2010; Ruling Judge: Betty Sanders; Majority Opinion: Coleman, J. Disposition: Count I: Conviction of Murder and Sentence of Life Imprisonment, as a Habitual Offender; Conviction of Enhanced by a Firearm and Sentence of Five (5) years, as a Habitual Offender, to be served consecutively to the murder conviction, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Felon in Possession of a Firearm and Sentence of Ten (10) years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run concurrently with the sentence of Firearm Enhancement and consecutively to the sentence of murder. Appellant shall pay court costs in the amount of $322 and two (2) percent bond fee. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Maxwell and Beam, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens, J.; Lamar, J., Joins in Part. Lamar, J., Dissents with Separate Written Opinion Joined in Part by Dickinson, P.J., and Kitchens, J. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and King, J.; Lamar, J., Joins in Part. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, J., Joins This Opinion. Lamar, J., Joins This Opinion in Part. Dissenting Opinion: Lamar, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion. Lamar, J., Joins This Opinion in Part.

Elsie Smith, Individually and as Representative of the Estate of Larry D. Smith, Deceased: Amy Smith Rhodes, Ouida Smith Dawkins, Larry Clint Smith and Bonnie Smith Witty v. Union Carbide Corporation f/k/a Union Carbide Plastics & Chemicals Company, Inc., Chevron Phillips Chemical Company LP, successor-in-interest to Conoco Phillips Company f/k/a Phillips Petroleum Company, and Phillips 66 Company formerly d/b/a Drilling Specialties Company a/k/a Chevron Phillips Chemical Company, LP and Montello, Inc.; Smith Circuit Court; LC Case #: 2006-212; Ruling Date: 08/22/2014; Ruling Judge: Richard McKenzie; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Randolph, P.J., not participating.

Sharel A. Kenney v. Foremost Insurance Company and USAA Casualty Insurance Company; Hancock Circuit Court; LC Case #: 13-0060; Ruling Date: 06/17/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Before the Court en banc, the Motion for Briefing Schedule on Remand filed by Appellant is granted. Appellant's brief is due on November 8, 2016. Appellee's brief is due on December 8, 2016. Appellant's reply brief is due on December 22, 2016. Order entered 9/15/16.

William T. Kelley, Individually and d/b/a William T. Kelley, LLC v. Corinth Public Utilities Commission, City of Corinth, Mississippi and City of Corinth Gas and Water Department; Alcorn Circuit Court; LC Case #: CV-09-279-RA; Ruling Date: 04/19/2013; Ruling Judge: James Roberts, Jr.; Disposition: The Petition for Writ of Certiorari filed by William T. Kelley, Individually and d/b/a William T. Kelley, LLC is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Beam, JJ. To Grant: Coleman, J. Not Participating: Maxwell, J. Order entered.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI13-0066; Ruling Date: 12/17/2013; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Patrick Dantre Fluker, pro se, is denied. To Deny: All Justices. Order entered.

Christopher D. Lee v. MGM Resorts Mississippi, Inc., f/d/b/a Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino & Resort-Tunica and Adrian Thomas; Tunica Circuit Court; LC Case #: 2009-00078; Ruling Date: 04/02/2014; Ruling Judge: Albert Smith, III; Disposition: The Petition for Writ of Certiorari filed by Christopher D. Lee is denied. To Deny: Waller, C.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Dickinson, P.J. Order entered.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion to Stay Proceedings to Allow Discovery and Motion for Funding for Discovery filed by Petitioner is granted in that Petitioner may file his request for discovery and funding in the Amite County Circuit Court. Petitioner's post-conviction proceedings in this Court are stayed until March 24, 2017. Petitioner must file any supplement to his Motion for Leave to File Successive Petition for Post-Conviction Relief by that date. Respondent will have until May 26, 2017, to respond to Petitioner's supplement. Petitioner will have until June 26, 2017, to file a rebuttal. Agreed: All Justices. Order entered 9/15/16.

Greg Canerdy v. Don Montgomery; Tippah Circuit Court; LC Case #: T04-051; Ruling Date: 05/20/2014; Ruling Judge: John Gregory; Disposition: Greg Canerdy's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

Christopher Benoman a/k/a Christopher Deshone Benoman a/k/a Christopher Deshane Benoman a/k/a Christopher D. Benoman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 14-CV-034 (W); Ruling Date: 07/23/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Christopher Benoman is dismissed as untimely. Order entered.

James Terry Campbell and Antonio Marquiz Thomas v. James Jones; Scott Circuit Court; LC Case #: 2011-CV-046-SC-C; Ruling Date: 06/23/2014; Ruling Judge: Vernon Cotten; Disposition: The Petition for Writ of Certiorari of the Appellant filed by counsel for James Terry Campbell is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.

Ferguson & Associates Architects, P.A. and G.G. Ferguson, AIA v. JWRBR Properties, LLC; Hinds Chancery Court 1st District; LC Case #: G2015-1793 W/4; Ruling Date: 05/16/2016; Ruling Judge: Patricia Wise; Disposition: The Petition for Interlocutory Appeal filed by Ferguson & Associates Architects, P.A. and G.G. Ferguson, AIA is granted. The Order of the Chancery Court of Hinds County, cause no. G2015-1793 w/4, dated May 16, 2016, which denied Ferguson's Motion to Dismiss, or Alternatively, to Transfer, is reversed and this matter remanded for transfer to the circuit court. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Motion for Leave to File Reply in Support of Petition for Interlocutory Appeal filed by Ferguson & Associates Architects, P.A. and G.G. Ferguson, AIA is dismissed as moot. Respondent, JWRBR Properties, LLC is taxed with all costs of this appeal. Agreed: All Justices. Maxwell, J., for the Court. Order entered 9/15/16.