11/12/2015 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2013-KA-02080-SCT

Michael James Brown a/k/a Michael J. Brown v. State of Mississippi; Rankin Circuit Court; LC Case #: 24,676; Ruling Date: 09/06/2013; Ruling Judge: John Emfinger; Majority Opinion: King, J. Disposition: Count I: Conviction of Embezzlement and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Embezzlement and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, with the last Ten (10) years to be suspended, Affirmed. Sentences in Count I and Count II shall run consecutively with each other and consecutively with the Sentence in Cause Number 49908 in Rankin County Chancery Court. Sentences imposed herein will not commence until the Appellant has purged himself of contempt or is otherwise released from incarceration by the Rankin County Chancery Court. Appellant is not eligible for any credit for pre-trial incarceration against the sentences imposed. Appellant is eligible for Five (5) years of supervised probation, upon the court's standard order of probation. Appellant shall pay court costs, fees and assessments in the amount of $421.50. Sentence of restitution is vacated and the case is remanded. Conviction of Three (3) counts of direct criminal contempt of court, during the course of the trial, and sentence of Thirty (30) days in the Rankin County Jail on each count, Affirmed. Sentences shall run consecutively with each other for a total sentence of Ninety (90) days. Sentences also will run consecutively to the sentences in Count I and Count II imposed above. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler and Coleman, JJ., Concur. Lamar, J., Concurs in Part and in Result without Separate Written Opinion. Pierce, J., not participating.

William Matthew Wilson a/k/a Willie v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-635; Ruling Date: 05/30/2007; Ruling Judge: Thomas Gardner, III; Disposition: The Motion to Expand the Scope of Claims to be addressed in Evidentiary Hearing filed by William Matthew Wilson is denied. The trial court shall proceed to consider the issues the Court previously designated for remand: (1) claims of ineffective assistance of counsel, including counsel's failure to communicate with Wilson, to investigate the case, to prepare for the penalty phase, to present adequate mitigation evidence, and to research the consequences of a defendant's waiver of a jury at sentencing; and (2) whether "his waiver of a jury during his sentencing trial was not knowingly, intelligently, and voluntarily entered and whether that waiver was procedurally flawed." To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Christopher Lee Baxter a/k/a Chris Baxter a/k/a Christopher Baxter v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,002; Ruling Date: 05/15/2012; Ruling Judge: Richard McKenzie; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant. Pierce, J., not participating.

Matthew Burnham v. Dana Burnham; Covington Chancery Court; LC Case #: 2011-172; Ruling Date: 06/26/2012; Ruling Judge: David Shoemake; Majority Opinion: Dickinson, P.J. Disposition: Affirmed in Part, Reversed in Part, and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., not participating.

Shirley Warren a/k/a Shirley Oliver Warren a/k/a Shirley Nichols Warren a/k/a Shirley Oliver v. State of Mississippi; Winston Circuit Court; LC Case #: 2012-080-CR; Ruling Date: 05/01/2013; Ruling Judge: Joseph Loper, Jr.; Disposition: The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

Kayla Vaughn v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-0177CIV; Ruling Date: 06/21/2013; Ruling Judge: Winston Kidd; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.

Freda Howell d/b/a Lickity Splitz v. Board of Supervisors of Jefferson Davis County, Mississippi; Jefferson Davis Circuit Court; LC Case #: 2011-160M; Ruling Date: 08/19/2013; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari filed by the Board of Supervisors of Jefferson Davis County is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Lamar, J. Order entered.

Stephanie Denise Davies Dobson v. John Thomas Dobson, Jr.; Pearl River Chancery Court; LC Case #: 2012-0520-GN-G; Ruling Date: 12/03/2013; Ruling Judge: Deborah Gambrell; Disposition: The Petition for Writ of Certiorari filed by Stephanie Denise Davies Dobson is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

In the Matter of the Guardianship of O. D., a Minor: Ashley Healthcare Plan v. Michael Dillard and Kimberly Dillard, as Biological Parents and Next Friends of O.D., a Minor; Pontotoc Chancery Court; LC Case #: 2011-0410-58L; Ruling Date: 02/06/2014; Ruling Judge: Talmadge Littlejohn; Disposition: Mississippi Association of Self-Insurers' motion for Leave to file Brief of Amicus Curiae is denied. Disagrees: Dickinson, P.J. Order entered.

In the Matter of the Guardianship of O. D., a Minor: Ashley Healthcare Plan v. Michael Dillard and Kimberly Dillard, as Biological Parents and Next Friends of O.D., a Minor; Pontotoc Chancery Court; LC Case #: 2011-0410-58L; Ruling Date: 02/06/2014; Ruling Judge: Talmadge Littlejohn; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Pierce and Coleman, JJ., would grant.

Jason Lee Keller v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-08-201; Ruling Date: 10/08/2009; Ruling Judge: Lisa Dodson; Disposition: The Petition for a Writ of Mandamus as to the trial court's order denying law enforcement and prosecutorial files covered by Rule 22 of the Mississippi Rules of Appellate Procedure and to Stay Post-Conviction Proceedings filed by Petitioner is granted in part, denied in part, and dismissed as moot in part. The Petition to Appeal the trial court's order denying law enforcement and prosecutorial files covered by Rule 22 of the Mississippi Rules of Appellate Procedure, and for Permission to Appeal trial court's order denying Motions to Compel, in part, and to Stay Post-Conviction Proceedings filed by Petitioner is dismissed as moot. To Grant in Part, Deny in Part and Dismiss as Moot in Part to the Petition for a Writ of Mandamus: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny Petition for a Writ of Mandamus: Randolph, P.J., and Pierce, J. To Dismiss as Moot the Petition to Appeal the trial court's orders: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny Petition to Appeal the trial court's orders: Randolph, P.J., and Pierce, J. Order entered.