Supreme Court of MississippiHand Down List
November 19, 2015
11/19/2015 - Hand Down and published opinions in WordPerfect/ZIP format
Coleman, Josiah Dennis
X 2014-CA-01696-SCT
Wellness, Inc., d/b/a Wellness Environments v. Pearl River County Hospital; Pearl River Circuit Court; LC Case #: 2012-0277H; Ruling Date: 11/25/2014; Ruling Judge: Prentiss Harrell; Majority Opinion: Coleman, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Waller, C.J., and Dickinson, P.J., not participating.
Randolph, Michael K.
XXX 2013-KA-01516-SCT
Casey Mark Burgess a/k/a Casey Burgess a/k/a Casey M. Burgess v. State of Mississippi; Rankin Circuit Court; LC Case #: 23730; Ruling Date: 04/11/2013; Ruling Judge: John Emfinger; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of Sexual Battery and Sentence of Thirty (30) years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Sexual Battery and Sentence of Thirty (30) years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Thirty (30) years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences in Count I, Count II and Count III shall run concurrently. Appellant is to register as a sex offender. Appellant shall pay court costs, fees and assessments in the amount of $421.50 within six (6) months if ever released from custody. Appellant shall have no contact with the victims. Appellant shall receive credit for time served in pretrial detainment. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result with Separate Written Opinion. Lamar, J., Concurs in Part and in Result without Separate Written Opinion. Kitchens, J., Dissents with Separate Written Opinion. Concurring in Part and in Result Opinion: Dickinson, P.J. Dissenting Opinion: Kitchens, J.
EN BANC
89-R-99032-SCT
In Re: The Mississippi Access to Justice Commission; Disposition: The Mississippi Law Student Limited Practice Rule is adopted as set forth in Exhibit A. This adoption is effective immediately, Mississippi Code Sections 73-3-205-207 (Rev. 2012) no longer govern law student limited practice in the State of Mississippi. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.
EN BANC
2003-M-00850
Carlos Williams v. State of Mississippi; Coahoma Circuit Court; LC Case #: 9251; Ruling Date: 10/02/1998; Ruling Judge: Kenneth Thomas; Disposition: The Application for Extraordinary Relief in this Court or in the Alternative, Application to File for Relief in the Trial Court filed pro se by Carlos Williams is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do not agree. Order entered.
EN BANC
XXX 2012-CT-01066-SCT
Michael T. Anderson a/k/a Michael Anderson a/k/a Michael Therone Anderson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-10-12; Ruling Date: 03/30/2012; Ruling Judge: Winston Kidd; Majority Opinion: Randolph, P.J. Disposition: The Judgments of the Court of Appeals and the Circuit Court of the First Judicial District of Hinds County are Affirmed. Convictions of Murder, Aggravated Assault and Felon in Possession of a Weapon and Sentences for each of Life, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. Sentences shall run consecutively. Hinds County taxed with costs of appeal. Votes: Chandler, Pierce and Coleman, JJ., Concur. Lamar, J., Concurs in Part and in Result without Separate Written Opinion. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens and King, JJ. Kitchens, J., Dissents with Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., and King, J. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., Dickinson, P.J., and King, J., Join This Opinion.
EN BANC
2013-CT-01236-SCT
Preston Overton v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KR-0210-J; Ruling Date: 03/15/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Preston Overton is granted. To Grant: Dickinson, P.J., Lamar, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Kitchens and Pierce, JJ. Order entered.
EN BANC
2013-M-02006
Johnny Steve Parker v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR 05-399; Ruling Date: 12/13/2005; Ruling Judge: Paul Funderburk; Disposition: The Application for Leave to file Motion for Post-Conviction Collateral Relief in the Circuit Court of Alcorn County, Mississippi, filed pro se by Johnny Steve Parker is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do not agree. Order entered.
EN BANC
2013-M-02146
Kelcy Wilburn v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK01-397; Ruling Date: 04/10/2002; Ruling Judge: Henry Lackey; Disposition: The Application for Leave to File Motion for Post-Conviction Collateral Relief in the Circuit Court of Lafayette County, Mississippi, filed pro se by Kelcy Wilburn is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Kitchens and King, JJ., Do not agree. Order entered.
EN BANC
2014-DR-00808-SCT
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 Motion to Seal Documents filed by Jason Lee Keller is denied. To Deny: All Justices. Order entered.