10/12/2017 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2014-CT-01079-SCT

University of Mississippi Medical Center v. Kim Hampton, Individually and on behalf of Kimrick Smith, Deceased, and the Wrongful Death Beneficiaries of Kimrick Smith; Hinds Circuit Court 1st District; LC Case #: 25CI1:12-cv-00423-CIV; Ruling Date: 07/15/2014; Ruling Judge: Winston Kidd; Disposition: The Petition for Writ of Certiorari filed by Kim Hampton was granted by order of the Court signed on May 18, 2017. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed, as authorized by Mississippi Rule of Appellate Procedure 17(f). On the Court's own motion, the writ of certiorari is dismissed. To Dismiss: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Kitchens, P.J., Objects to the Order with Separate Written Statement Joined by King, J.; Waller, C.J., Joins in Part. Not Participating: Ishee, J. Coleman, J., for the Court. Order entered.

Aundrea Robinson v. Martin Food Stores, Inc. d/b/a Sunflower Food Stores of Magnolia; Pike Circuit Court; LC Case #: 12-218-PCS; Ruling Date: 09/09/2014; Ruling Judge: David Strong, Jr.; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Beam, JJ., Concur. Ishee, J., not participating.

Marlon Little v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2014-10; Ruling Date: 09/02/2014; Ruling Judge: Lamar Pickard; Majority Opinion: Maxwell, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Claiborne County Circuit Court is Reinstated and Affirmed. Claiborne County taxed with costs of appeal. Votes: Randolph, P.J., Coleman, Beam and Chamberlin, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, J. Waller, C.J., and Ishee, J., not participating. Dissenting Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Beth Donaldson, Colie Donaldson and Coby Donaldson v. Dominic Ovella; Harrison Circuit Court 1st District; LC Case #: A2401-12-301; Ruling Date: 10/01/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Dominic Ovella's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Marvin Rerockus Demond Carver a/k/a Marvin Rerocukus Demond Carver a/k/a Marvin Carver a/k/a Marvin Rerockus Carver a/k/a Marvin R. Carver a/k/a "Foot" v. State of Mississippi; Madison Circuit Court; LC Case #: 20120497C/I; Ruling Date: 06/18/2013; Ruling Judge: William Chapman, III; Majority Opinion: King, J. Disposition: Reversed and Rendered. Madison County taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Waller, C.J., and Ishee, J., not participating.

H.A.S. Electrical Contractors, Inc. v. Hemphill Construction Company, Inc.; Rankin Circuit Court; LC Case #: 2012-62 E; Ruling Date: 03/24/2015; Ruling Judge: John Emfinger; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

Winfred Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2015-0006-PC; Ruling Date: 02/25/2015; Ruling Judge: Lillie Sanders; Disposition: The Motion to Clarify filed by Winfred Forkner is denied. Ishee, J., Not Participating. Order entered.

Continental Casualty Company v. Allstate Property and Casualty Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-15-127; Ruling Date: 02/22/2016; Ruling Judge: Christopher Schmidt; Disposition: The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., Maxwell and Chamberlin, JJ., would grant. Ishee, J., not participating.

Willie Wash v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2016-0115; Ruling Date: 06/25/2016; Ruling Judge: W. Hines; Disposition: The appeal is dismissed for failure to pay costs. The Motion for Default Judgment is denied. The Motion for Permission to Proceed out of Time is dismissed as moot. The Motion to Proceed on Appeal In Forma Pauperis is denied. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin and Ishee, JJ. Order entered.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Robert Helfrich; Disposition: Stephen Elliot Powers's Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is dismissed without prejudice to Powers's right to seek relief in the trial court. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.