12/01/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
XX  2015-CA-00519-SCT

Gary Rolison, Martha Rolison, GM Lands, LLC and Rolison Tie and Timber Company, Inc. v. Edith Carolyn Fryar, Caleb Fryar, Pine Grove Trucking, Inc., Robert A. Fryar and Operators Investment Group, P.A.; Tippah Circuit Court; LC Case #: T2008-022; Ruling Date: 02/17/2015; Ruling Judge: Andrew Howorth; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman and Beam, JJ., Concur. Maxwell, J., Concurs in Part and in Result with Separate Written Opinion Joined by Lamar, J. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Lamar, J., Joins This Opinion.

Jelani Miles a/k/a Jelani N. Miles v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2013-1545; Ruling Date: 12/19/2014; Ruling Judge: Jannie Lewis; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Randolph, P.J., not participating.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend Certain Rules of Civil Procedure and Associated Comments is dismissed without prejudice. All Justices Agree. Order entered.

In Re: Appellate E-filing Administrative Procedures; Disposition: Before the en banc Court on the Court's own motion, the Appellate E-Filing Administrative Procedures are amended as set forth in the attached Exhibit A. The amendments are effective January 1, 2017. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication as soon as practicable in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

Cheryl Ogunbor v. Maleisha May, Shawn Evans, Lula Jackson, Sears Roebuck & Co., Edith Andrews and Bryan Impey; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 02/13/2012; Ruling Judge: Michael Taylor; Consolidated with 2013-CT-00653-SCT Cheryl Ogunbor v. Sears Roebuck & Co., Lula Jackson and Maleisha May; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 04/04/2013; Ruling Judge: Michael Taylor; Disposition: The Petition for Writ of Certiorari filed pro se by Cheryl Ogunbor is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

Cheryl Ogunbor v. Sears Roebuck & Co., Lula Jackson and Maleisha May; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 04/04/2013; Ruling Judge: Michael Taylor; Consolidated with 2012-CT-00378-SCT Cheryl Ogunbor v. Maleisha May, Shawn Evans, Lula Jackson, Sears Roebuck & Co., Edith Andrews and Bryan Impey; Pike Circuit Court; LC Case #: 11-081-PCT; Ruling Date: 02/13/2012; Ruling Judge: Michael Taylor; Disposition: The Petition for Writ of Certiorari filed pro se by Cheryl Ogunbor is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-0013; Ruling Date: 08/23/2013; Ruling Judge: Lisa Dodson; Disposition: The Motion for Termination of Counsel and Other filed by Appellant Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered 11/18/16.

Jennifer Carter v. Josh Carter; Rankin Chancery Court; LC Case #: 07-1240; Ruling Date: 09/20/2013; Ruling Judge: John Grant, III; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Coleman and Beam, JJ., Concur. Lamar, J., Concurs in Result Only without Separate Written Opinion. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Maxwell, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

James L. Johnson, Jr. a/k/a James Johnson a/k/a James Johnson, Jr. v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR13-006; Ruling Date: 04/04/2014; Ruling Judge: James Pounds; Disposition: Appellee's Motion to Strike Appellant's Response to Appellee's M.R.A.P. 17(h) Supplemental Brief is denied. Order entered.

James L. Johnson, Jr. a/k/a James Johnson a/k/a James Johnson, Jr. v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR13-006; Ruling Date: 04/04/2014; Ruling Judge: James Pounds; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is reversed. Conviction of Aggravated Domestic Violence and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, with Ten (10) years suspended, is Reinstated and Affirmed. Appellant shall be placed on Five (5) years post-release supervision, with conditions. Appellant shall pay court costs in the amount of $431.50, a fine in the amount of $4,000, $200 to the District Attorney's Investigative Fund, $200 to the Corinth Police Department Investigative Fund, and $100 to the Mississippi Crime Victims' Compensation Fund. Appellant shall enter a payment plan within Thirty (30) days following release from custody. Alcorn County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Coleman and Beam, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by Kitchens and King, JJ.; Coleman, J., Joins in Part. Maxwell, J., not participating. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Coleman, J., Joins This Opinion in Part.

Daniel Roy Snyder a/k/a Daniel Snyder a/k/a Daniel R. Snyder v. State of Mississippi; Jackson Circuit Court; LC Case #: 2013-10,393(3); Ruling Date: 06/20/2014; Ruling Judge: Dale Harkey; Disposition: The Petition for Writ of Certiorari filed by Daniel Roy Snyder is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Order entered.

Laqunn Gary a/k/a Lagunn Gary a/k/a Laqunn Sharod Gary v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-169CRW; Ruling Date: 05/22/2014; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Maxwell, J. Disposition: Remanded with directions. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ., Concur. Kitchens, J., Specially Concurs with Separate Written Opinion Joined by Dickinson, P.J., King and Coleman, JJ. Specially Concurring Opinion: Kitchens, J. Votes: Dickinson, P.J., King and Coleman, JJ., Join This Opinion.

Jeanette B. Ringo v. Lela Wilson and Tela Wilson Collins; Montgomery Circuit Court; LC Case #: 2012-0048 CVM; Ruling Date: 08/14/2014; Ruling Judge: C. Morgan, III; Disposition: The Petition for Writ of Certiorari filed by counsel for Jeanette B. Ringo is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Maxwell, J. Order entered.

Nortrax South, Inc. v. Thornhill Forestry Service, Inc.; Marion Circuit Court; LC Case #: 2008-0478P; Ruling Date: 08/29/2014; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari of Appellee, Thornhill Forestry Service, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Randolph, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered.

Wesley Gene Patrick v. Catherine Ann Patrick; DeSoto Chancery Court; LC Case #: 12-CV-970; Ruling Date: 01/22/2015; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Petition for Review Upon Writ of Certiorari filed by Wesley Gene Patrick is denied. To Deny: All Justices. Order entered.

Albert L. McDonald a/k/a Albert Lee McDonald a/k/a Albert McDonald v. State of Mississippi; Union Circuit Court; LC Case #: CV-2015-90; Ruling Date: 04/15/2015; Ruling Judge: Andrew Howorth; Disposition: The Petition for Writ of Certiorari filed by Albert L. McDonald is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Maxwell and Beam, JJ. To Dismiss: Waller, C.J., Kitchens, King and Coleman, JJ. Order entered.

Arvin D. Rochell a/k/a Arvin Dale Rochell v. State of Mississippi; Calhoun Circuit Court; LC Case #: CV2015-033H; Ruling Date: 07/17/2015; Ruling Judge: Andrew Howorth; Majority Opinion: Lamar, J. Disposition: Affirmed. Calhoun County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Concurs in Result Only with Separate Written Opinion Joined by Kitchens and King, JJ. Concur in Result Only Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion.

Douglas Walters a/k/a Douglas Howard Walters v. State of Mississippi; Rankin Circuit Court; LC Case #: 25,117; Ruling Date: 06/11/2015; Ruling Judge: John Emfinger; Majority Opinion: Waller, C.J. Disposition: Conviction of Grand Larceny and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay court costs, fees and assessments in the amount of $731.50 within Six (6) months after release from custody. Appellant shall receive credit for time served in pretrial detainment. Rankin County taxed with costs of appeal. Votes: Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined in Part by Kitchens, J. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J.; Dickinson, P.J., Joins in Part. Lamar, J., not participating. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Timothy Robert Ronk a/k/a Timothy Ronk a/k/a Timothy R. Ronk v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-434; Ruling Date: 10/08/2010; Ruling Judge: Lisa Dodson; Disposition: The Motion to Seal and/or Disclose Documents is granted in part. Upon request, Exhibit 28 shall be temporarily unsealed to allow access by counsel for the State of Mississippi. After counsel has viewed or, if requested, copied the information, Exhibit 28 must be resealed. This information shall remain confidential except for what is required by counsel to assert specific errors in briefs or like documents. If practicable, counsel may use either juror numbers or fictitious names. To Grant in Part: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., and Maxwell, J. Order entered 11/17/16.