10/26/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H.
X  2016-CA-00572-SCT

Brian Ray Pedigo v. Christopher Robertson, Rent-A-Center, Inc. and Rent-A-Center East, Inc.; Prentiss Circuit Court; LC Case #: CV2015-000096TG; Ruling Date: 03/24/2016; Ruling Judge: Thomas Gardner, III; Majority Opinion: Beam, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur.

Carla Speights Darnell v. William Duff Darnell; Jefferson Davis Chancery Court; LC Case #: 11-0043-I; Ruling Date: 04/21/2015; Ruling Judge: David Shoemake; Consolidated with 2015-CA-00764-SCT Carla Speights Darnell (Magee) v. William Duff Darnell; Jefferson Davis Chancery Court; LC Case #: 2011-0043-P1; Ruling Date: 04/21/2015; Ruling Judge: David Shoemake; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Dale Patrick Miller v. Jessica Dawn Smith; Tate Chancery Court; LC Case #: 12-11-423 (VC); Ruling Date: 10/13/2014; Ruling Judge: Vicki Daniels; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Coleman, Maxwell and Chamberlin, JJ., Concur. Beam, J., Concurs in Result Only without Separate Written Opinion. Randolph, P.J., Concurs in Part and in Result with Separate Written Opinion Joined in Part by Beam, J. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, J. Ishee, J., not participating. Concurring in Part and in Result Opinion: Randolph, P.J. Votes: Beam, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Craig D. Sallie a/k/a Craig D. Sallie, Sr. a/k/a Craig Sallie v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2012-0092-E; Ruling Date: 05/12/2015; Ruling Judge: John Emfinger; Disposition: Craig D. Sallie's Petition for Certiorari is granted. To Grant: Waller, C.J., Kitchens, P.J., King and Beam, JJ. To Deny: Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.

Kevin McKeown v. Elizabeth Allison Estes; Lafayette Chancery Court; LC Case #: CV2014-650(W); Ruling Date: 08/28/2015; Ruling Judge: Robert Whitwell; Disposition: Kevin McKeown'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.

In Re: The Estate of Norair Avakian, Deceased: Burnette Avakian, Executrix v. Wilmington Trust National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Stearns Asset Backed Securities Trust 2007-2, Asset-Backed Certificates, Series 2007-2 and JP Morgan Chase Bank, N.A.; Lowndes Chancery Court; LC Case #: 2010-0115B; Ruling Date: 09/08/2015; Ruling Judge: Kenneth Burns; Disposition: The Petition for Writ of Certiorari filed by Burnette Avakian 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.

Great Southern Excavators, Inc., Great Southern Shell, Inc., Christopher E. Lovelace and Edward C. Lovelace, Jr. v. TEC Partners, LLP and Jeffrey A. Turnipseed; Rankin Circuit Court; LC Case #: 2009-151; Ruling Date: 09/17/2015; Ruling Judge: William Chapman, III; Disposition: The Petition for a Writ of Certiorari filed by the Appellees, TEC Partners, LLP, and Jeffrey A. Turnipseed 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.

Steven A. DeLoge v. DeSoto County Sheriff's Department, Sheriff Bill Rasco, In His Official Capacity, and Lent Rice, Director of Internal Affairs, In His Official Capacity; DeSoto Chancery Court; LC Case #: 14-cv-352; Ruling Date: 08/25/2015; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The Petition for Writ of Certiorari filed pro se by Steven A. DeLoge 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.

Terrance Montreal Jenkins a/k/a Terrence Jenkins a/k/a Terrance Jenkins a/k/a T-Bisket v. State of Mississippi; Leflore Circuit Court; LC Case #: 2015-0081; Ruling Date: 01/20/2016; Ruling Judge: Richard Smith; Disposition: The Petition for Writ of Certiorari filed by Terrance Jenkins is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.

Marilyn Newsome, Individually and as Conservator/Conservatrix of Victoria Newsome v. David Shoemake and Joe Dale Walker; Simpson Chancery Court; LC Case #: 2015-0068; Ruling Date: 01/29/2016; Ruling Judge: James Bell; Disposition: The Motion for Rehearing filed by Appellant is denied. Beam, J., Not Participating.

Jairus Collins a/k/a Jairus J. Collins a/k/a Jairus Jidon Collins a/k/a Jarius Collins a/k/a Jarius J. Collins v. State of Mississippi; Forrest Circuit Court; LC Case #: 12-514 CR; Ruling Date: 02/25/2016; Ruling Judge: Robert Helfrich; Disposition: Jairus Collins's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell and Chamberlin, JJ. To Grant: King, Coleman and Beam, JJ. Not Participating: Kitchens, P.J., and Ishee, J. Order entered.

Terrance O. Johnson a/k/a Terrance Orlando Johnson a/k/a Terrance Johnson a/k/a Terrence O. Johnson a/k/a Terrence Orlando Johnson v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2016-0087 JE; Ruling Date: 05/10/2016; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by Appellant, Terrance Johnson, pro se, 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.

Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-94-201-BD; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Disposition: The Motion Pursuant to § 99-39-7 of the Mississippi Uniform Post-Conviction Collateral Relief Act to Vacate his Convictions based on Exculpatory DNA Testing Results and False Forensic Testimony filed by Sherwood Brown is granted. The convictions and sentences in Sherwood Brown v. State of Mississippi, No. 95-DP-00407-SCT, are hereby reversed, and the case at issue here and in the direct appeal styled Sherwood Brown v. State of Mississippi, No. 95-DP-00407-SCT, is remanded to the Circuit Court of DeSoto County for a new trial. To Grant Motion, Vacate Convictions, and Remand for a New Trial: Waller, C.J., Kitchens, P.J., King, Coleman and Ishee, JJ. To Grant Motion and Remand for Evidentiary Hearing: Randolph, P.J., Maxwell and Beam, JJ. Not Participating: Chamberlin, J. Order entered.