09/27/2012 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99015-SCT

In Re: Local Rules; Disposition: The request for approval of local rules filed by the Honorable Janace Harvey-Goree and the Honorable Cynthia L. Brewer of the Eleventh Chancery Court District is granted. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition). To Grant: All Justices. Order entered.

Jeff Wayne Tucker v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-005(R)(L); Ruling Date: 01/11/2010; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Jeff Wayne Tucker is dismissed. M.R.A.P. 17(b). Order entered.

Roger A. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2003-490-48-L; Ruling Date: 03/31/2010; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by Roger Carroll is denied. To Deny: Waller, C.J., Carlson, P.J., Lamar, Kitchens, Pierce and King, JJ. To Grant: Dickinson, P.J., Randolph and Chandler, JJ. Order entered.

Lee Alexander Brooks v. State of Mississippi; Adams Circuit Court; LC Case #: 08-KR-0073; Ruling Date: 06/15/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed pro se by Lee Alexander Brooks is denied. To Deny: All Justices. Order entered.

James Wayland Mosley a/k/a James W. Mosley a/k/a James Mosley a/k/a Jamie Mosley v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2010-023-CR; Ruling Date: 08/24/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Pierce, J. Disposition: Count II: Conviction of sale of cocaine, a schedule II controlled substance, and sentence of sixty (60) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of sale of marijuana, a schedule I controlled substance, and sentence of six (6) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of sale of methamphetamine, a schedule II controlled substance, and sentence of sixty (60) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant is a habitual offender. Sentence in Count III shall run consecutively to the sentence in Count II. Sentence in Count IV shall run consecutively to the sentence in Count II. Sentences shall not be reduced or suspended, nor shall the Appellant be eligible for probation, parole, or other type of early release. Choctaw County taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Chandler and King, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Dissenting Opinion: Waller, C.J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Cardie Blackwell v. Howard Industries, Inc.; Jones Circuit Court 2nd District; LC Case #: 2009-91-CV10; Ruling Date: 07/27/2010; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Howard Industries, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, J. Order entered.

Markeith Williams a/k/a Markeith Deantwon Williams v. State of Mississippi; Grenada Circuit Court; LC Case #: 2009-0181-CR; Ruling Date: 08/10/2010; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by counsel for Markeith Williams is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Waller, C.J. Order entered.

Willie Lee Williams a/k/a Black Bill v. State of Mississippi; Marion Circuit Court; LC Case #: 2010-0282P; Ruling Date: 08/30/2010; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed pro se by Willie Lee Williams is denied. To Deny: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss: Waller, C.J., and Dickinson, P.J. Order entered.

David M. Rogillio v. Helen L. Rogillio; Warren Chancery Court; LC Case #: 2007-107 GN; Ruling Date: 05/02/2011; Ruling Judge: Marie Wilson; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J.

The City of Jackson, Mississippi, and The City of Jackson Police Department v. Shalandria Shavers, Individually, and on Behalf of all the Wrongful Death Beneficiaries, and Heirs of Law of Doris Shavers, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-08-486CIV; Ruling Date: 05/27/2011; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by the Appellees is denied. Kitchens, Chandler and King, JJ., would grant.