10/24/2013 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2009-CT-01350-SCT

Patrick Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 173-08; Ruling Date: 06/02/2009; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Reversed and Remanded.

Patrick Coleman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 173-08; Ruling Date: 06/02/2009; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Kitchens, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Reversed and Remanded. Lauderdale County taxed with costs of appeal. Votes: Lamar, Chandler and King, JJ., Concur. Dickinson, P.J., Concurs in Result Only. Coleman, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Randolph, P.J., and Pierce, J. Dissenting Opinion: Coleman, J. Votes: Waller, C.J., Randolph, P.J., and Pierce, J., Join This Opinion.

Johnny Ray Magee v. State of Mississippi; Marion Circuit Court; LC Case #: 2010-0183-P; Ruling Date: 09/14/2010; Ruling Judge: R. Prichard, III; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

William H. Lamb v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0305-CR1; Ruling Date: 02/28/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by William H. Lamb, pro se, is dismissed. M.R.A.P. 17(b). Order entered.

Willie Lewis Henry, Jr. a/k/a Willie Henry v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-08-885; Ruling Date: 05/14/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Willie Lewis Henry, Jr., is denied. To Deny: All Justices. Order entered.

Spencer O'Brian Lawrence a/k/a Spencer Lawrence a/k/a Spencer O. Lawrence v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-10,877; Ruling Date: 10/13/2011; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Spencer O'Brian Lawrence is denied. To Deny: All Justices. Order entered.

Robert J. Ray a/k/a Robert Ray a/k/a Robert Ray, Sr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-081(B); Ruling Date: 01/30/2012; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Robert J. Ray is denied. To Deny: All Justices. Order entered.

Malcolm Clifton Weeks a/k/a Malcolm Clifton Weeks, Sr. a/k/a Malcolm C. Weeks a/k/a Malcolm Weeks, Sr. a/k/a Malcolm Weeks v. State of Mississippi; Rankin Circuit Court; LC Case #: 22661; Ruling Date: 04/20/2012; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by Appellant is denied.

Ollie Lee Evans a/k/a Ollie Lee Evans, Jr. a/k/a Ollie Evans v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0154; Ruling Date: 09/17/2012; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Ollie Lee Evans is dismissed. M.R.A.P. 17(b). Order entered.

Mississippi State Board of Education, et al. v. Leflore County Board of Education and the Leflore County School District, et al.; Hinds Circuit Court 1st District; LC Case #: 251-13-838CIV; Ruling Date: 09/30/2013; Ruling Judge: Winston Kidd; Disposition: The Combined Petition for Interlocutory Appeal and Motion to Vacate or Stay Preliminary Injunction Pending Appeal and to Dismiss for Lack of Jurisdiction filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is granted. The Order Granting Appellants' Motion for Injunctive Relief, entered on September 30, 2013 in Cause No. 251-13-838CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The Motion to Stay Preliminary Injunction Pending Appeal filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is dismissed as moot. The direct appeal in Cause No. 2013-TS-01699 is dismissed. All costs of the direct appeal are assessed to the Appellees and the mandate of this Court shall issue immediately. Agree: All Justices. Pierce, J., for the Court. Order entered.

Mississippi State Board of Education, et al. v. Leflore County Board of Education and the Leflore County School District, et al.; Hinds Circuit Court 1st District; LC Case #: 251-13-838CIV; Ruling Date: 09/30/2013; Ruling Judge: Winston Kidd; Disposition: The Combined Petition for Interlocutory Appeal and Motion to Vacate or Stay Preliminary Injunction Pending Appeal and to Dismiss for Lack of Jurisdiction filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is granted. The Order Granting Appellants' Motion for Injunctive Relief, entered on September 30, 2013 in Cause No. 251-13-838CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The Motion to Stay Preliminary Injunction Pending Appeal filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is dismissed as moot. The direct appeal in Cause No. 2013-TS-01699 is dismissed. All costs of the direct appeal are assessed to the Appellees and the mandate of this Court shall issue immediately. Agree: All Justices. Pierce, J., for the Court. Order entered.

Mississippi State Board Education, Mississippi Commission on School Accreditation and Mississippi Department of Education v. Leflore County Board of Education and Leflore County, Mississippi School District by and through Dr. Viola Williams McCaskill, The Duly Elected Superintendent, Individually and Official Capacities, and Shemeka Collins, A Duly Elected Member and President of the Board of Education in Her Individual and Official Capacities; Hinds Circuit Court 1st District; LC Case #: 251-13-838CIV; Ruling Date: 09/30/2013; Ruling Judge: Winston Kidd; Disposition: The Combined Petition for Interlocutory Appeal and Motion to Vacate or Stay Preliminary Injunction Pending Appeal and to Dismiss for Lack of Jurisdiction filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is granted. The Order Granting Appellants' Motion for Injunctive Relief, entered on September 30, 2013 in Cause No. 251-13-838CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The Motion to Stay Preliminary Injunction Pending Appeal filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is dismissed as moot. The direct appeal in Cause No. 2013-TS-01699 is dismissed. All costs of the direct appeal are assessed to the Appellees and the mandate of this Court shall issue immediately. Agree: All Justices. Pierce, J., for the Court. Order entered.

Mississippi State Board Education, Mississippi Commission on School Accreditation and Mississippi Department of Education v. Leflore County Board of Education and Leflore County, Mississippi School District by and through Dr. Viola Williams McCaskill, The Duly Elected Superintendent, Individually and Official Capacities, and Shemeka Collins, A Duly Elected Member and President of the Board of Education in Her Individual and Official Capacities; Hinds Circuit Court 1st District; LC Case #: 251-13-838CIV; Ruling Date: 09/30/2013; Ruling Judge: Winston Kidd; Disposition: The Combined Petition for Interlocutory Appeal and Motion to Vacate or Stay Preliminary Injunction Pending Appeal and to Dismiss for Lack of Jurisdiction filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is granted. The Order Granting Appellants' Motion for Injunctive Relief, entered on September 30, 2013 in Cause No. 251-13-838CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The Motion to Stay Preliminary Injunction Pending Appeal filed by the State Board of Education, the Commission on School Accreditation and the Mississippi Department of Education is dismissed as moot. The direct appeal in Cause No. 2013-TS-01699 is dismissed. All costs of the direct appeal are assessed to the Appellees and the mandate of this Court shall issue immediately. Agree: All Justices. Pierce, J., for the Court. Order entered.