12/03/2015 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
X  2013-KA-01156-SCT

Daryl Shinn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0466-CR1-C; Ruling Date: 05/22/2013; Ruling Judge: Lee Coleman; Majority Opinion: Coleman, J. Disposition: The motion for rehearing was granted by Order entered on January 15, 2015. The original opinion was withdrawn and the following opinion is substituted therefor. Conviction of Armed Robbery and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in this cause shall run consecutively to the sentence in cause number 2010-0481-CR1C. Appellant shall pay all court costs. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Branden P. Keogh a/k/a Branden Keogh a/k/a Branden Patrick Keogh v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0197; Ruling Date: 06/20/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed by Branden P. Keogh is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

Brian Holliman a/k/a Brian Douglas Holliman a/k/a Brian D. Holliman a/k/a Bryan Holliman v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0112CR1; Ruling Date: 08/15/2013; Ruling Judge: Lee Howard; Disposition: The Motion for Rehearing filed by the Appellant is denied.

Jeffrey Allen a/k/a Jeffery Grey Allen v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-10,161(2); Ruling Date: 10/31/2013; Ruling Judge: Robert Krebs; Disposition: The Petition for Writ of Certiorari filed by counsel for Appellant was granted on August 19, 2015, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need for further review and the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Kitchens, J., disagrees. Pierce, J., for the Court. Order entered.

Expro Americas, LLC v. Eddie K. Walters, Sr. and H & H Welding, LLC ; Jones Chancery Court 1st District; LC Case #: 2013-0172E; Ruling Date: 03/05/2014; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part, Reversed in Part, and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Pierce and Coleman, JJ., Concur. King, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Randolph, P.J., and Chandler, J. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Randolph, P.J., and Chandler, J., Join This Opinion.

James Robert Rowsey a/k/a James R. Rowsey a/k/a James Rowsey v. State of Mississippi; Greene Circuit Court; LC Case #: 21-11-10,018(2); Ruling Date: 02/28/2014; Ruling Judge: Kathy Jackson; Majority Opinion: Kitchens, J. Disposition: Conviction of Aggravated Assault and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in this cause shall run consecutively to the Panola County sentence the Appellant is currently serving. Appellant shall pay all court costs to the Greene County Circuit Court in monthly installments in the amount of $50 to begin sixty (60) days from date of release from custody and continue until all costs are paid in full. Greene County taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Chandler and King, JJ., Concur. Coleman, J., Concurs with Separate Written Opinion Joined by Dickinson, P.J., Lamar, Kitchens and Chandler, JJ. Pierce, J., Concurs in Result Only with Separate Written Opinion Joined by Waller, C.J., and Randolph, P.J. Concurring Opinion: Coleman, J. Votes: Dickinson, P.J., Lamar, Kitchens and Chandler, JJ., Join This Opinion. Concur in Result Only Opinion: Pierce, J. Votes: Waller, C.J. and Randolph, P.J., Join This Opinion.

In the Matter of the Estate of Ramon Regan, Deceased: June Swilley v. Estate of Elsie Simm LeBlanc; Harrison Chancery Court 2nd District; LC Case #: 11-0455(4); Ruling Date: 04/01/2014; Ruling Judge: Carter Bise; Disposition: The Petition for Writ of Certiorari filed by counsel for June Swilley is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Randolph, P.J. Order entered.

Michael Deark Gardner a/k/a Yakim Ananian El Bey a/k/a Ananian El Bey a/k/a Yakim El Bey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-13-496; Ruling Date: 08/27/2014; Ruling Judge: Michael Ward; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.