10/29/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2014-KA-01283-SCT

Ira Donell Bowser a/k/a Ira Bowser a/k/a Ira D. Bowser v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-323; Ruling Date: 07/16/2014; Ruling Judge: Roger Clark; Majority Opinion: Coleman, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Appellant is not eligible for parole or probation. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Correy James Dartez a/k/a Correy Dartez v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 13-317; Ruling Date: 06/11/2014; Ruling Judge: Lisa Dodson; Majority Opinion: Pierce, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Madra K. Lyas, Individually and on Behalf of the Wrongful Death Beneficiaries for Christopher Louis Lyas, Deceased v. Forrest General Hospital and Pine Grove Behavioral Health Center; Forrest Circuit Court; LC Case #: CI-11-0205; Ruling Date: 01/03/2014; Ruling Judge: William Coleman; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., not participating.

Steven Blake Strong a/k/a Steven B. Strong v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2013-0606-JE; Ruling Date: 11/20/2014; Ruling Judge: John Emfinger; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Marshall Graves a/k/a Marshall P. Graves a/k/a Marshall Phellix Graves v. State of Mississippi; Lamar Circuit Court; LC Case #: K2011-305H; Ruling Date: 03/07/2014; Ruling Judge: Prentiss Harrell; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of Fondling and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Fondling and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I, II, and III shall run concurrently under § 99-19-81, with conditions. Appellant shall pay a fine in the amount of $2,500, pay an assessment in the amount of $3,500 to Lamar County for the Public Defenders Fund, pay all court costs, and pay $1,660 to ADAPTS Electronic Monitoring. Appellant is to have no contact with the victim or her family, and should the Appellant be released he is required to register as a sex offender. Appellant shall be given credit for time served in the county jail, if applicable, as allowed by law. Lamar County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

In the Matter of Mississippi Medicaid Pharmaceutical Average Wholesale Price Litigation: Sandoz, Inc. v. State of Mississippi; Rankin Chancery Court; LC Case #: 65622; Ruling Date: 08/06/2012; Ruling Judge: Thomas Zebert; Majority Opinion: Chandler, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellant and Appellee taxed with costs of appeal. Votes: Kitchens and King, JJ., Concur. Randolph, P.J., Specially Concurs with Separate Written Opinion. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Lamar, Pierce and Coleman, JJ. Lamar, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., Pierce and Coleman, JJ. Waller, C.J., not participating. Specially Concurring Opinion: Randolph, P.J. Dissenting Opinion: Dickinson, P.J. Votes: Lamar, Pierce and Coleman, JJ., Join This Opinion. Dissenting Opinion: Lamar, J. Votes: Dickinson, P.J., Pierce and Coleman, JJ., Join This Opinion.

David Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 09/22/2012; Ruling Judge: John Gregory; Disposition: The Motion for Rehearing filed by the Appellant is denied. King, J., would grant.

In the Matter of the Removal of Azalean Rogers a/k/a Azalean Jones from the Board of Aldermen of the City of Boyle, Mississippi: Azalean Rogers v. State of Mississippi, Office of the Attorney General, Hon. Jim Hood; Bolivar Circuit Court 2nd District; LC Case #: 2013-0016; Ruling Date: 05/31/2013; Ruling Judge: Charles Webster; Consolidated with 2013-CT-01184-SCT Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5581; Ruling Date: 06/06/2013; Ruling Judge: Johnnie Walls, Jr.; Consolidated with 2013-CT-01188-SCT Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5582; Ruling Date: 06/06/2013; Ruling Judge: Charles Webster; Disposition: The Petition for Writ of Certiorari filed by Azalean Rogers Jones is denied. To Deny: All Justices. Order entered.

Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5581; Ruling Date: 06/06/2013; Ruling Judge: Johnnie Walls, Jr.; Consolidated with 2013-CT-01088-SCT In the Matter of the Removal of Azalean Rogers a/k/a Azalean Jones from the Board of Aldermen of the City of Boyle, Mississippi: Azalean Rogers v. State of Mississippi, Office of the Attorney General, Hon. Jim Hood; Bolivar Circuit Court 2nd District; LC Case #: 2013-0016; Ruling Date: 05/31/2013; Ruling Judge: Charles Webster; Consolidated with 2013-CT-01188-SCT Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5582; Ruling Date: 06/06/2013; Ruling Judge: Charles Webster; Disposition: The Petition for Writ of Certiorari filed by Azalean Rogers Jones is denied. To Deny: All Justices. Order entered.

Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5582; Ruling Date: 06/06/2013; Ruling Judge: Charles Webster; Consolidated with 2013-CT-01088-SCT In the Matter of the Removal of Azalean Rogers a/k/a Azalean Jones from the Board of Aldermen of the City of Boyle, Mississippi: Azalean Rogers v. State of Mississippi, Office of the Attorney General, Hon. Jim Hood; Bolivar Circuit Court 2nd District; LC Case #: 2013-0016; Ruling Date: 05/31/2013; Ruling Judge: Charles Webster; Consolidated with 2013-CT-01184-SCT Azalean Rogers a/k/a Azalean Jones v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 5581; Ruling Date: 06/06/2013; Ruling Judge: Johnnie Walls, Jr.; Disposition: The Petition for Writ of Certiorari filed by Azalean Rogers Jones is denied. To Deny: All Justices. Order entered.

Brian Sweet v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-14-24; Ruling Date: 03/26/2014; Ruling Judge: Winston Kidd; Disposition: The Petition for Writ of Certiorari filed pro se by Brian Sweet is denied. To Deny: All Justices. Order entered.

James K. Basil v. Roger Browning, Union County Election Commission and Phyllis Stanford, Circuit Clerk; Union Circuit Court; LC Case #: CV 2015-000179; Ruling Date: 09/15/2015; Ruling Judge: John Gregory; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Given the impending election date, no motion for rehearing will be allowed in this case, and the Clerk of this Court is directed to issue the mandate in this case immediately. Appellees taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Chandler, J., not participating.