12/06/2012 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
XX  2011-IA-01103-SCT

In the Matter of the Estate of Brian K. Cole, Deceased, Gregory Cole, Administrator: Ford Motor Company v. Wayne E. Ferrell, Jr. and James W. Nobles, Jr.; Jasper Chancery Court 1st District; LC Case #: 2002-A035; Ruling Date: 07/11/2011; Ruling Judge: H. Clark, II; Consolidated with 2011-CA-01130-SCT In the Matter of the Estate of Brian K. Cole, Gregory Cole, Administrator: Ford Motor Company v. Wayne E. Ferrell, Jr. and James W. Nobles, Jr.; Jasper Chancery Court 1st District; LC Case #: 02-A035; Ruling Date: 07/08/2011; Ruling Judge: H. Clark, II; Majority Opinion: King, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part With Separate Written Opinion Joined by Randolph and Lamar, JJ. Dickinson, P.J., Joins In Part. Concurring in Part Opinion: Kitchens, J. Votes: Randolph and Lamar, JJ., Join This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Ahmad R. Butler a/k/a Ahamd Butler v. State of Mississippi; Lincoln Circuit Court; LC Case #: 10-263LT; Ruling Date: 08/25/2011; Ruling Judge: Michael Taylor; Majority Opinion: Carlson, P.J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay a fine of $5,000, court costs in the amount of $308.50, full restitution for funeral expenses and attorney fees. Sentence shall run consecutively to the sentence Appellant is currently serving. Lincoln County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Cornelius Belmer v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-090-A-LE-G; Ruling Date: 04/05/2010; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Cornelius Belmer is dismissed. M.R.A.P. 17(b). Order entered.

Mississippi Department of Human Services v. S.W.; Hinds Circuit Court 1st District; LC Case #: 251-01-123CIV; Ruling Date: 05/25/2010; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by the Mississippi Department of Human Services is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Pierce and King, JJ. To Deny: Randolph, Kitchens and Chandler, JJ. Order entered.

Edward Eugene Harper v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR1994-124-BD; Ruling Date: 11/12/2010; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Edward Eugene Harper is denied. The Emergency Writ of Mandamus is denied. To Deny: All Justices. Order entered.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. AT&T Corporation; Hinds Chancery Court 1st District; LC Case #: G-2000-31 S/2; Ruling Date: 11/16/2010; Ruling Judge: William Singletary; Disposition: Motion for rehearing filed by AT&T Corporation is denied.

Marcus Roberts v. State of Mississippi; Tate Circuit Court; LC Case #: CV2010-0113-BT; Ruling Date: 12/03/2010; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed pro se by Marcus Roberts is denied. To Deny: All Justices. Order entered.

Mississippi Department of Human Services and Frank Hartley, Jr. v. John D. Watts and Lenita S. Watts; Lincoln Chancery Court; LC Case #: 858; Ruling Date: 10/13/2011; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and King, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion. Pierce, J., not participating. Dissenting Opinion: Waller, C.J.

Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-94-201-BD; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Disposition: Request for Post-Conviction DNA Testing filed by counsel for Sherwood Brown is hereby granted. Brown is granted leave to file his motion in the DeSoto County Circuit Court. The motion shall be filed within thirty (30) days of the entry of this order. The circuit court shall order the testing of any biological evidence still in existence. To Grant: All Justices. Randolph, J., for the Court. Order entered.

In Re: Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court; Hinds Circuit Court 1st District; Ruling Judge: William Gowan, Jr.; Disposition: Petition for Emergency Judicial Relief, Pursuant to M.R.A.P. 27(g), filed by Circuit Judge Jeff Weill, Sr., is dismissed as moot. Motion to Dismiss and Supplemental Response to Supreme Court's Inquiry Regarding the Constitutionality of Section 9-7-25(2) is dismissed. See opinion of the Court handed down this date. Waller, C.J., not participating.

In Re: Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court; Hinds Circuit Court 1st District; Ruling Judge: William Gowan, Jr.; Majority Opinion: Chandler, J. Disposition: Dismissed as Moot. Petitioner taxed with costs. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur. Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., and Lamar, J.; Randolph, Kitchens, Chandler and Pierce, JJ. Join In Part. Waller, C.J., not participating. Specially Concurring Opinion: Carlson, P.J. Votes: Dickinson, P.J., and Lamar, J., Join This Opinion. Randolph, Kitchens, Chandler and Pierce, JJ., Join in Part.

The Board of Trustees, Delta Regional Medical Center, District of Washington County, Mississippi v. Willie B. Taylor, as Administratrix of the Estate of Lekenray Taylor, Deceased; Washington Circuit Court; LC Case #: 2005-0018-CI; Ruling Date: 08/22/2012; Ruling Judge: Richard Smith; Disposition: Petition for Interlocutory Appeal and for Stay of the Trial Court Action filed by the Board of Trustees, Delta Regional Medical Center, District of Washington County, Mississippi is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Kitchens, JJ. Chandler, J., Objects to the Order With Separate Written Statement. Not Participating: Pierce and King, JJ. Order entered.