Supreme Court of MississippiHand Down List
November 13, 2014
11/13/2014 - Hand Down and published opinions in WordPerfect/ZIP format
Coleman, Josiah Dennis
XXX 2013-KA-00520-SCT
Rebecca Lynn Jones a/k/a Rebecca Jones a/k/a Rebecca L. Jones v. State of Mississippi; Prentiss Circuit Court; LC Case #: CR10-228; Ruling Date: 02/22/2013; Ruling Judge: James Pounds; Majority Opinion: Coleman, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay $5,000 and all costs of court. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result With Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined by King, J.; Dickinson, P.J., Joins in Part. Concurring in Part and in Result Opinion: Dickinson, P.J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Dickinson, P.J., Joins This Opinion In Part.
Coleman, Josiah Dennis
X 2013-KA-00787-SCT
Charles Edward Moore a/k/a Charles Moore a/k/a Charles E. Moore v. State of Mississippi; Forrest Circuit Court; LC Case #: 12-070CR/1; Ruling Date: 11/08/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Coleman, J. Disposition: Conviction of felony driving under the influence, third offense, and sentence of five (5) years in the custody of the Mississippi Department of Corrections with credit for time served to be applied, Affirmed. Appellant shall pay all costs of court, a fine of $2000, an assessment of $100 to the Mississippi Crime Victim Compensation Program and restitution of $250 to the Forrest County Public Defender Fund, with conditions. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.
Kitchens, James W.
X 2013-CA-00688-SCT
In the Interest of J.P. a Minor: R.P. and D.O. v. State of Mississippi; Jefferson Davis Youth Court; LC Case #: 11-D-0849; Ruling Date: 04/09/2013; Ruling Judge: Joe Walker; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Jefferson Davis County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Part and in Result Without Separate Written Opinion.
EN BANC
89-R-99015-SCT
In Re: Local Rules; Disposition: The letter motion filed on July 3, 2013, by Circuit Judge Billy J. Landrum is dismissed. All Justices Agree. Order entered.
EN BANC
XXX 2010-DP-01348-SCT
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Coleman, J. Disposition: Count I: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Count II: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Count III: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Count IV: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Montgomery County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ. King, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.
EN BANC
2011-CT-01922-SCT
Clement B. Saucier, Jr. v. The Peoples Bank of Biloxi, Mississippi, The Wallace Steve Sekul Family Trust, Elizabeth Sekul, Individually and Thomas J. Sliman, Individually; Jackson Circuit Court; LC Case #: 2009-00161(2); Ruling Date: 10/25/2011; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by the Peoples Bank of Biloxi, Mississippi, and Thomas J. Sliman is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ. Order entered.
EN BANC
2011-CT-01922-SCT
Clement B. Saucier, Jr. v. The Peoples Bank of Biloxi, Mississippi, The Wallace Steve Sekul Family Trust, Elizabeth Sekul, Individually and Thomas J. Sliman, Individually; Jackson Circuit Court; LC Case #: 2009-00161(2); Ruling Date: 10/25/2011; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by the Wallace Steve Sekul Family Trust and Elizabeth Sekul is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ. Order entered.
EN BANC
2012-CT-01973-SCT
Timothy Edward Myers a/k/a Timothy E. Myers a/k/a Timothy Myers v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,148(2); Ruling Date: 11/16/2012; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by Timothy Edward Myers is dismissed. M.R.A.P. 17(b) and 40(a). Order entered.
EN BANC
2013-CT-00451-SCT
In the Matter of the Estate of Amanda Cleveland, Deceased: Becky Hodges, Administrator v. Heritage Properties, Inc. and U.S. Specialty Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-07-504CIV; Ruling Date: 02/21/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Becky Hodges, Administrator of the Estate of Amanda Cleveland, Deceased, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
EN BANC
X 2013-BD-02079-SCT
The Mississippi Bar v. Paul E. Winfield; Majority Opinion: King, J. Disposition: Paul E. Winfield is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Costs of the formal complaint are assessed against Paul E. Winfield. Paul E. Winfield taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.