10/30/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2013-KA-00813-SCT

Jeremy Cage a/k/a "Jay" a/k/a Jeremy Lamar Cage v. State of Mississippi; Holmes Circuit Court; LC Case #: 11-0029; Ruling Date: 02/22/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, C.J. Disposition: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay $500 attorney fees and $376 court fees. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00,286(3); Ruling Date: 01/05/2012; Ruling Judge: Dale Harkey; Consolidated with 2012-CT-00926-SCT Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,042(3); Ruling Date: 05/25/2012; Ruling Judge: Robert Krebs; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, P.J.; Lamar and Pierce, JJ., Join In Part. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Joins This Opinion. Lamar and Pierce, JJ., Join This Opinion in Part.

David Michael Ashmore and Debra L. Ashmore v. Mississippi Authority on Educational Television d/b/a Mississippi Public Broadcasting (sued as separate entities) and the State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 2009-36; Ruling Date: 07/09/2012; Ruling Judge: William Gowan, Jr.; Disposition: Motion for rehearing filed by Appellants is denied. Kitchens, Chandler and King, JJ., would grant.

BB Buggies, Inc. d/b/a Bad Boy Buggies and Textron, Inc. v. Vincent Leon, Individually, as Father and Next Friend, and as Administrator of the Estate of his Minor Child, Jean-AH Leon and Mandi Leon; Adams Circuit Court; LC Case #: 12-KV-0058-S; Ruling Date: 10/31/2012; Ruling Judge: Lillie Sanders; Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Randolph, P.J., and Pierce, J., would grant. Chandler, J., would deny but modify.

BB Buggies, Inc. d/b/a Bad Boy Buggies and Textron, Inc. v. Vincent Leon, Individually, as Father and Next Friend, and as Administrator of the Estate of his Minor Child, Jean-AH Leon and Mandi Leon; Adams Circuit Court; LC Case #: 12-KV-0058-S; Ruling Date: 10/31/2012; Ruling Judge: Lillie Sanders; Majority Opinion: Coleman, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ., Concur. Pierce, J., Concurs in Result Only With Separate Written Opinion Joined by Waller, C.J., and Randolph, P.J. Concur in Result Only Opinion: Pierce, J. Votes: Waller, C.J., and Randolph, P.J., Join This Opinion.

Frank Sanders Tipton v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00019; Ruling Date: 02/06/2013; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Rendered. Randolph, P.J., Lamar, Pierce and Coleman, JJ., would deny.

Frank Sanders Tipton v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00019; Ruling Date: 02/06/2013; Ruling Judge: Robert Krebs; Majority Opinion: Kitchens, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Chandler and King, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., Lamar and Pierce, JJ. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Lamar and Pierce, JJ., Join This Opinion.

Lyndon C. Myers a/k/a Lyndon Myers a/k/a Lyndon Charles Myers a/k/a Lyndon C. Myers, III v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0431-JC; Ruling Date: 01/11/2013; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by Appellant is denied. King, J., would grant. Waller, C.J., not participating.

Timothy Mosby v. Aurora Cares d/b/a Tara Cares, LLC and Pennsylvania Manufacturers Association Ins. Co.; Mississippi Workers' Compensation Commission; LC Case #: 0806612-K-134406; Ruling Date: 06/14/2013; Disposition: Petition for writ of certiorari filed by Timothy Mosby is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.