10/13/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2015-CA-00213-SCT

Rachel Smith v. David Smith; Harrison Chancery Court 2nd District; LC Case #: C2402-11-735 (3); Ruling Date: 09/11/2014; Ruling Judge: Sanford Steckler; 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.

Eddie Hall a/k/a Eddie Terrell Hall v. State of Mississippi; Covington Circuit Court; LC Case #: 2013-009K; Ruling Date: 07/23/2013; Ruling Judge: Eddie Bowen; Majority Opinion: Randolph, P.J. Disposition: The Motion for Rehearing is granted. The previous opinion of this Court is withdrawn, and the following opinions are substituted therefor. Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Lamar, King, Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Specially Concurs with Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., Lamar, King and Maxwell, JJ.; Coleman, J. Joins In Part. Dickinson, P.J., Concurs in Part and in Result without Separate Written Opinion. Specially Concurring Opinion: Kitchens, J. Votes: Waller, C.J., Dickinson, P.J., Lamar, King and Maxwell, JJ., Join This Opinion. Coleman, J., Joins This Opinion in Part.

Christopher Anderson a/k/a Christopher Wayne Anderson a/k/a Christopher W.E. Anderson a/k/a Christopher Wayne v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-548CR; Ruling Date: 04/10/2014; Ruling Judge: Robert Helfrich; Disposition: Christopher Anderson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Earnest Varnado, Jr. a/k/a Junior a/k/a Earnest Earl Varnado v. State of Mississippi; Pike Circuit Court; LC Case #: 13-300-PKS; Ruling Date: 04/14/2014; Ruling Judge: David Strong, Jr.; Disposition: The Petition for Writ of Certiorari filed by Earnest Varnado, Jr., pro se, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Waller, C.J., and Maxwell, J. Order entered.

Robert H. Hardin, Jr. v. Betty Grantham (Hardin); Carroll Chancery Court 1st District; LC Case #: 6670; Ruling Date: 03/12/2014; Ruling Judge: Joseph Kilgore; Disposition: The Petition for Writ of Certiorari filed by Robert H. Hardin, Jr., is denied. To Deny: All Justices. Order entered.

Eddie Hall a/k/a Eddie Terrell Hall v. State of Mississippi; Covington Circuit Court; LC Case #: 2013-009K; Ruling Date: 07/23/2013; Ruling Judge: Eddie Bowen; Disposition: The Motion for Rehearing filed by Appellant is granted. The previous opinion of this Court is withdrawn, and the following opinions are substituted therefor. Affirmed. See opinions of this Court handed down this date. Waller, C.J., Lamar, Maxwell and Beam, JJ., would deny and substitute opinion.

Arrowood Indemnity Company v. Mississippi Windstorm Underwriting Association; Hinds Chancery Court 1st District; LC Case #: G2013-1883 (O-3); Ruling Date: 06/16/2014; Ruling Judge: Denise Owens; Disposition: The Motion for Rehearing filed by Appellee is denied. Dickinson, P.J., and Coleman, J., would grant. Waller, C.J., not participating.

Howard Wilson Carney, III v. Andrea Leigh Bell Carney; Warren Chancery Court; LC Case #: 2008-371-GN; Ruling Date: 01/12/2015; Ruling Judge: Vicki Barnes; Consolidated with 2010-CT-00646-SCT Howard Wilson Carney, III v. Andrea Leigh Bell Carney; Warren Chancery Court; LC Case #: 2008-371-GN; Ruling Date: 03/19/2010; Ruling Judge: Vicki Barnes; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Lamar, J. Dissenting Opinion: Dickinson, P.J. Votes: Lamar, J., Joins This Opinion.

Mississippi Commission on Judicial Performance v. Justice Court Judge Bill Weisenberger; LC Case #: 2014-120/141/142/279; Ruling Date: 12/17/2015; Ruling Judge: Lee Howard; Majority Opinion: King, J. Disposition: Madison County Justice Court Judge William "Bill" Weisenberger shall be removed from office effective on the date of issuance of this Court's mandate, fined $1,000, and assessed costs in the amount of $5,918.46. William "Bill" Weisenberger taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Maxwell and Beam, JJ., Concur. Coleman, J., Concurs with Separate Written Opinion Joined by Waller, C.J., Randolph, P.J. Lamar, Maxwell and Beam, JJ. Dickinson, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Concurring Opinion: Coleman, J. Votes: Waller, C.J., Randolph, P.J., Lamar, Maxwell and Beam, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Disposition: The Motion for Appointment of Counsel is remanded to the trial court for determination. The request for discovery is dismissed without prejudice as there has been no leave granted to proceed on a Petition for Post-Conviction Relief. Agree: All Justices. Order entered.

James Creel a/k/a James Walter Creel a/k/a J.W. Creel v. State of Mississippi; Covington Circuit Court; LC Case #: 3052; Ruling Date: 07/29/1994; Ruling Judge: Robert Evans; Disposition: The Motion for Rehearing filed pro se by Appellant is denied. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Baptist Memorial Hospital-DeSoto, Inc. v. Sonya Rankin, as Conservator for Willie A. Rankin; and Virginia Rankin, Individually; DeSoto Circuit Court; LC Case #: CV20115-263GCD; Ruling Date: 05/27/2016; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Petition for Permission to Appeal Interlocutory Order filed by counsel for Baptist Memorial Hospital-DeSoto, Inc., is granted. The Notice of Appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed in accordance with M.R.A.P. 10 and 11. The motions seeking joinder in the Petition for Permission to Appeal Interlocutory Order, filed by Shiva S. Natarajan, M.D., and Dr. Raul Vasant Sonone, M.D., Ki-Mun Chang, M.D., and Eduardo C. Cabigao, M.D., are granted. To Grant Interlocutory Appeal and Joinder: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell and Beam, JJ. To Deny Interlocutory Appeal and Dismiss Joinder as Moot: Lamar, Kitchens and King, JJ. Order entered.

Karl Banks v. Madison County Board of Election Commissioner and David Bishop; Madison Circuit Court; LC Case #: CI2015-294; Ruling Date: 06/27/2016; Ruling Judge: Henry Lackey; Disposition: The Petition for Review of Order Denying Recusal Motion Pursuant to Rule 48B filed by Karl Banks is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: King, J. Not Participating: Kitchens, J. Order entered.