10/03/2013 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2011-CT-00409-SCT

Knights' Piping Inc. and Benny R. Knight v. E. Harold Knight, David Earl Knight, Brian K. Knight, Raymond K. Knight, and Knights Marine & Industrial Services, Inc.; Jackson Chancery Court; LC Case #: 2000-0483; Ruling Date: 12/23/2010; Ruling Judge: D. Harris, Sr.; Disposition: Petition for writ of certiorari filed by Knights' Piping, Inc., and Benny R. Knight is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Dickinson, P.J. Order entered.

Knights' Piping Inc. and Benny R. Knight v. E. Harold Knight, David Earl Knight, Brian K. Knight, Raymond K. Knight, and Knights Marine & Industrial Services, Inc.; Jackson Chancery Court; LC Case #: 2000-0483; Ruling Date: 12/23/2010; Ruling Judge: D. Harris, Sr.; Disposition: Petition for writ of certiorari filed by David Earl Knight, et al., is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Dickinson, P.J. Order entered.

Curtis Boyd, By and Through Mary Mastin, Next Friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd v. Gregory Nunez, M.D.; Lowndes Circuit Court; LC Case #: 2006-0113-CV1; Ruling Date: 03/08/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Curtis L. Boyd, by and through Mary Mastin is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Chandler, J. Order entered.

Anthony Tyrone Thomas a/k/a Anthony J. Thomas a/k/a Anthony B. Thomas a/k/a Big Hab a/k/a Anthony Thomas v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-1-026; Ruling Date: 05/03/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Kitchens, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Hinds County Circuit Court is Affirmed in Part, Reversed in Part and the Count II indictment is Dismissed. Count I: Conviction of aggravated assault and sentence of life in the custody of the Mississippi Department of Corrections as an habitual offender, without the eligibility of parole or probation, Affirmed. Count II: Conviction of felon in possession of a weapon, Reversed and the indictment is Dismissed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Donald R. Brewer v. Penny Mathis Holliday; Monroe Chancery Court; LC Case #: CV2005-185-48-L; Ruling Date: 06/22/2011; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by Donald Brewer is granted. To Grant: All Justices. Order entered.

Erwyn Freeman a/k/a Erwyn E. Freeman v. State of Mississippi; Madison Circuit Court; LC Case #: 2011-0019-E; Ruling Date: 12/29/2011; Ruling Judge: John Emfinger; Disposition: Motion for rehearing filed by the State of Mississippi is denied.

Stevenson Ford v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0043; Ruling Date: 11/19/2009; Ruling Judge: Betty Sanders; Disposition: Motion to Reinstate Direct Appeal filed by Stevenson Ford is granted. The Court of Appeals' decision in Ford v. State, 69 So. 3d 788, 2010-KP-00278-COA, (Miss. Ct. App. 2011), is vacated, the mandate is withdrawn, and Ford's appeal is reinstated. The Clerk of this Court shall issue a briefing schedule, and the appeal in cause number 2012-KA-01318-SCT shall proceed. This Order shall be published and the Clerk of this Court shall spread this Order upon the minutes of the Court and forward a true certified copy to West Publishing Company for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition). All Justices Agree. Order entered.

Rommel A. Amos v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,100; Ruling Date: 10/11/2005; Ruling Judge: Jannie Lewis; Disposition: Application to Proceed in Trial Court filed pro se by Rommel A. Amos is dismissed as procedurally barred. Amos's Motion to Proceed In Forma Pauperis is dismissed as moot. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Mississippi Commission on Judicial Performance v. Eddie H. Bowen; LC Case #: 2011-168; Ruling Date: 04/24/2013; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Eddie H. Bowen is granted. See opinion of this Court handed down this date. Randolph, P.J., and Pierce, J., not participating.

Mississippi Commission on Judicial Performance v. Eddie H. Bowen; LC Case #: 2011-168; Ruling Date: 04/24/2013; Ruling Judge: H. Clark, II; Majority Opinion: Lamar, J. Disposition: Circuit Court Judge Eddie H. Bowen shall be publicly reprimanded, fined $500 and assessed costs of $200. The public reprimand shall be read in open court by a special judge to be appointed by this Court for that purpose on the first day of the next term of the Smith County Circuit Court in which a jury venire is present after the issuance of this Court's mandate, with Judge Bowen in attendance. Judge Eddie H. Bowen is taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ., Concur. Randolph, P.J., and Pierce, J., not participating.

In Re: Antonio Neal; Bolivar Circuit Court 2nd District; LC Case #: 2000-0042; Ruling Date: 02/14/2002; Ruling Judge: Johnnie Walls, Jr.; Disposition: Motion to [sic] Disqualification of Justices filed pro se by Petitioner is denied. Order entered.

Langford Water Association, Inc. v. City of Flowood, Mississippi; Rankin Special Court of Eminent Domain; LC Case #: 2012-909; Ruling Date: 06/03/2013; Ruling Judge: Kent McDaniel; Disposition: Petition Seeking Review of Judge's Action Pursuant to Mississippi Rules of Appellate Procedure 48B and 21 filed by Langford Water Association, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Not Participating: Lamar, J. Order entered.