10/22/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2014-CA-01001-SCT

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission; Harrison Circuit Court 1st District; LC Case #: A2401-09-383; Ruling Date: 06/18/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Daniel Parish a/k/a Daniel Jordan Parish v. State of Mississippi; Rankin Circuit Court; LC Case #: 25368; Ruling Date: 08/29/2014; Ruling Judge: John Emfinger; Majority Opinion: Waller, C.J. Disposition: Count I: Conviction of Driving Under the Influence, First Offense, and Sentence of Forty-Eight (48) hours in the Rankin County jail, and a fine in the amount of $1,000 plus costs and assessments, Affirmed. Count II: Conviction of Possession of Paraphernalia and Sentence of Six (6) months in the Rankin County jail, with Five (5) months and Twenty-Five (25) days suspended, and a fine in the amount of $500, with $250 suspended, Affirmed. Sentence in Count II shall run consecutively with the sentence in Court I. The fines, costs and assessments are to be paid to the Municipal Court of Brandon, Mississippi, within Ninety (90) days. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

In Re: Mississippi Rules of Evidence; Disposition: The Motion to Amend MRE 802 and Comment to MRE 804 filed by the Advisory Committee on Rules is granted. Rule 802 and the Comment to Rule 804 of the Mississippi Rules of Evidence are amended as set forth in Exhibit "A." The amendments will be effective on December 1, 2015. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: On the Court's own motion, Rule 4.02 of the Uniform Rules of Circuit and County Court Practice is amended as set forth in Exhibit "A." The amendment will be effective on December 1, 2015. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

Milton Trotter v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 12-CV-047(B); Ruling Date: 02/27/2013; Ruling Judge: Robert Bailey; Disposition: The Petition for Writ of Certiorari filed by Milton Trotter is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 06/06/2013; Ruling Judge: Roger Clark; Disposition: The Motion to Seal Documents filed by counsel for Leslie Galloway, III, is granted in part and denied in part. Galloway's motion to file certain exhibits under seal is granted with regards to Exhibit 58 and Exhibit 76. The motion is denied regarding all other exhibits. However, Galloway is permitted to redact the social security and/or driver's license numbers from Exhibit 57. Agreeing with this order: All Justices. Order entered.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 06/06/2013; Ruling Judge: Roger Clark; Disposition: The Motion to Withdraw Incorrect, Electronically-Filed Exhibit 53 and Motion to Withdraw Exhibit 15 and Substitute with correct, redacted Exhibit 15, filed by counsel for Leslie Galloway, III, are granted. To Grant: All Justices. Order entered.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 06/06/2013; Ruling Judge: Roger Clark; Disposition: The Motion for a Remand to the Circuit Court for Resolution of Outstanding Discovery Matters and Motion to Stay Post-Conviction Proceedings filed by counsel for Leslie Galloway, III, is granted. The Motion to File Confidential Exhibits Ex Parte and Under Seal is granted. Counsel for both parties shall file with this Court a status update of the trial court proceedings. The status reports are to be filed every ninety (90) days, beginning with the entry date of this order and continuing until all outstanding trial court discovery matters have been resolved. To Grant: All Justices. Order entered.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 06/06/2013; Ruling Judge: Roger Clark; Disposition: The Motion to Stay Post-Conviction Proceedings filed by counsel for Leslie Galloway, III, is granted. Counsel for both parties shall file with this Court a status update of the trial court proceedings. The status reports are to be filed every ninety (90) days, beginning with the entry date of this order and continuing until the trial court enters its disposition on the post-conviction matter. To Grant: Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 06/06/2013; Ruling Judge: Roger Clark; Disposition: The Motion to Amend and Supplement the Petition for Post-Conviction Relief and for Leave to Proceed with Amended Petition in the Trial Court filed by counsel for Leslie Galloway, III, is dismissed without prejudice. To Dismiss Without Prejudice: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, P.J. To Grant: Coleman, J. Order entered.

Markeith D. Fleming a/k/a Markeith Darrell Fleming v. State of Mississippi; Attala Circuit Court; LC Case #: 2012-0031-CR; Ruling Date: 09/17/2013; Ruling Judge: C. Morgan, III; Disposition: The Petition for Writ of Certiorari filed by Markeith Fleming is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Chandler, J. Order entered.

Thomas Glynn Flynt a/k/a Thomas Flynt a/k/a Thomas G. Flynt v. State of Mississippi; Forrest Circuit Court; LC Case #: 09-424 CR; Ruling Date: 10/21/2013; Ruling Judge: Robert Helfrich; Majority Opinion: Coleman, J. Disposition: Conviction of Manslaughter and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, with Fifteen (15) Years to serve, an additional consecutive Five (5) Years to serve, and Five (5) Years Post-Release Supervision, with conditions, Affirmed. Appellant shall pay a fine in the amount of $5,000, and all court cost beginning Sixty (60) days after release in a monthly amount to be determined by Appellant's supervising officer. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Tyrone Burrell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0064; Ruling Date: 05/09/2014; Ruling Judge: Charles Webster; Majority Opinion: Coleman, J. Disposition: Conviction of Kidnapping and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall not be reduced or suspended, nor shall the Appellant be eligible for parole or probation. Sentence imposed in this cause shall run consecutively to any and all sentences previously imposed. Tunica County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Hattiesburg Health & Rehab Center, LLC d/b/a Hattiesburg Health & Rehab Center d/b/a Hattiesburg Health & Rehab v. Emma Brown, Individually, as Executor for the Estate of Leo A. Brown, and on Behalf of All Wrongful Death Beneficiaries of Leo A. Brown; Forrest Circuit Court; LC Case #: CI 14-0021; Ruling Date: 05/19/2014; Ruling Judge: Robert Helfrich; Disposition: The Motion for Rehearing by the Appellant is denied.

Richard Harrison Mason v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-203; Ruling Date: 11/23/2005; Ruling Judge: Paul Funderburk; Disposition: Application for Leave to filed Post Conviction Motion into the Circuit Court of Lee County, Mississippi filed by Richard Harrison Mason is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do Not Agree. Order entered.