12/12/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2012-CA-01849-SCT

Elise W. Noone v. Frank R. Noone; Copiah Chancery Court; LC Case #: 2012-026; Ruling Date: 10/22/2012; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Michael Demetrius Ambrose a/k/a Michael D. Ambrose a/k/a Michael Ambrose a/k/a Michael Demetric Ambrose v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-2010-103; Ruling Date: 08/14/2012; Ruling Judge: Roger Clark; Majority Opinion: Kitchens, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Estate of Edward Miles, Deceased v. Virgil Burcham; Benton Circuit Court; LC Case #: B2007-083; Ruling Date: 04/13/2012; Ruling Judge: John Gregory; Majority Opinion: Lamar, J. Disposition: Affirmed on condition of remittitur; if remittitur refused, Reversed in Part and Remanded for a new trial on damages only. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Guardianship of Kelly Elizabeth Garvin, a Minor, by and through her Natural Parents and Guardians, Karen Sullivan and Greg Garvin; Karen Sullivan, Individually; and Greg Garvin, Individually v. Tupelo Furniture Market, Inc., Alexandria Miller, a Minor, V. M. Cleveland and Melanie Cleveland; Pontotoc Circuit Court; LC Case #: CV08-054-F-PO; Ruling Date: 07/25/2012; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce and King, JJ., Concur. Chandler and Coleman, JJ., not participating.

Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased; Lowndes Circuit Court; LC Case #: 2010-0011-CV1; Ruling Date: 03/21/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Elsie Smith, Individually and as Representative of the Estate of Larry D. Smith, Deceased, Amy Smith Rhodes, Ouida Smith Dawkins, Larry Clint Smith and Bonnie Smith Witty v. Union Carbide Corporation, Montello, Inc. and Chevron Phillips Chemical Company, LP; Smith Circuit Court; LC Case #: 2006-212; Ruling Date: 02/02/2010; Ruling Judge: Robert Evans; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., and Dickinson, P.J., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ.; Lamar, J., Joins In Part. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Randolph, P.J., and Pierce, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion. Lamar, J., Joins This Opinion in Part. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Samuel Williams and Carolyn Williams v. Homecomings Financial Network, Inc.; Madison Chancery Court; LC Case #: 2008-472; Ruling Date: 02/09/2011; Ruling Judge: Janace Goree; Disposition: Petition for writ of certiorari filed by Samuel Williams and Carolyn Williams is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

BancorpSouth Bank v. Shelby K. Brantley, Jr., Robert Crumpton, Norma S. Bourdeaux, Langston Oxford Properties, L.P., Susan M. Bryan, John Albriton and Lynn Albriton; Lafayette Chancery Court; LC Case #: 2007-504A; Ruling Date: 02/28/2011; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by BancorpSouth Bank is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Coleman, JJ. To Deny: Kitchens, Chandler and King, JJ. Not Participating: Randolph, P.J., and Pierce, J. Order entered.

Jackson County Board of Supervisors v. Mississippi Employment Security Commission; Jackson Circuit Court; LC Case #: 2010-00,232(3); Ruling Date: 03/01/2011; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Circuit Court of Jackson County is Reinstated and Affirmed. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Result Only With Separate Written Opinion Joined by Pierce, J. Concur in Result Only Opinion: Randolph, P.J. Votes: Pierce, J., Joins This Opinion.

John Bartholemew Lowe a/k/a John B. Lowe v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-343-KR2; Ruling Date: 04/13/2011; Ruling Judge: Billy Landrum; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Jones County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Randolph, P.J. Dissenting Opinion: Pierce, J. Votes: Randolph, P.J., Joins This Opinion.

Anthony Tyrone Thomas a/k/a Anthony J. Thomas a/k/a Anthony B. Thomas a/k/a Big Hab a/k/a Anthony Thomas v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-1-026; Ruling Date: 05/03/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Motion for rehearing filed pro se by Appellant is denied.

Robert C. Lehman, A Professional Law Corporation v. Mississippi Transportation Commission, Normand Children Diversified Class Trust, United Truck Group, LLC, and Truck Capital, LLC; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-09-2073,2074 & 2075; Ruling Date: 07/07/2011; Ruling Judge: Gaston Hewes, Jr.; Disposition: Petition for writ of certiorari filed by Robert C. Lehman is denied. To Deny: All Justices. Order entered.

Bryan Foods, Inc. v. Tommy L. Ewing; Mississippi Workers' Compensation Commission; LC Case #: 00-04176-G-8089; Ruling Date: 09/28/2010; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by Bryan Foods, Inc., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Coleman, J. Order entered.

Toney Jennings a/k/a Tony Jennings a/k/a Tony Jenning v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-405-CR1; Ruling Date: 09/02/2011; Ruling Judge: Lee Coleman; Majority Opinion: King, J. Disposition: Reversed and Remanded. Lowndes County taxed with costs of appeal. Votes: Dickinson, P.J., Kitchens and Chandler, JJ., Concur. Randolph, P.J., and Lamar, J., Concur in Result Only Without Separate Written Opinion. Waller, C.J., Pierce and Coleman, JJ., Concur in Part and in Result Without Separate Written Opinion.

Joseph Robert Reith a/k/a Joseph R. Reith a/k/a Joseph Reith v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0455-C; Ruling Date: 09/22/2011; Ruling Judge: William Chapman, III; Disposition: Joseph Robert Reith's petition for writ of certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Pierce, J. Order entered.

Harrison County Board of Supervisors v. Richard L. Black; Mississippi Workers' Compensation Commission; LC Case #: 0712893-K-0308-C; Ruling Date: 11/23/2011; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by the Harrison County Board of Supervisors is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J. Order entered.

Alan Dale Walker v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 25,945; Ruling Date: 08/12/2001; Ruling Judge: Jerry Terry, Sr.; Disposition: Alan Dale Walker's motion for leave to file successive petition for post-conviction relief should be, and it is hereby, granted. The Circuit Court of the First Judicial District of Harrison County shall conduct a hearing to determine whether Alan Dale Walker's trial counsel was ineffective in searching for and presenting mitigation evidence during the penalty phase of his trial, and whether Walker suffered prejudice from such deficient performance, if any, "sufficient to undermine the confidence in the outcome actually reached at sentencing." If the circuit court finds that Alan Dale Walker was prejudiced by trial counsel's deficient performance at the penalty phrase, then it shall vacate Walker's sentence of death and conduct a new sentencing hearing. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. Waller, C.J., Objects to the Order With Separate Written Statement joined by Randolph, P.J., Lamar and Pierce, JJ. Kitchens, J., for the Court. Harrison County taxed with costs of appeal. Order entered.

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 4735; Ruling Date: 01/19/2012; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed pro se by Louis J. Clay, Jr., was granted by order of this Court on October 24, 2013. Upon further consideration, the Court finds there is no need for additional review. On the Court's own motion, the writ of certiorari is dismissed without prejudice to Clay's right to file an appropriate petition in this Court for permission to proceed in the trial court with his claim. Dickinson, P.J., for the Court. Order entered.

Thomas Calvin Wansley a/k/a Thomas Wansley a/k/a Calvin T. Wansley a/k/a Calvin Thomas Wansley a/k/a Thomas Calvin Wansley, II v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-432; Ruling Date: 11/02/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Thomas Wansley, pro se, is denied. To Deny: All Justices. Order entered.

Joe Earl Cole a/k/a Joe Cole v. State of Mississippi; Rankin Circuit Court; LC Case #: 22896; Ruling Date: 02/23/2012; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by Appellant is denied.

Jason Hall a/k/a Jason Ladell Hall a/k/a Jason L. Hall v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-178-CR; Ruling Date: 07/10/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Randolph, P.J. Disposition: Reversed and Vacated. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ., Concur. King, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens, J.; Chandler, J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Kitchens, J., Joins This Opinion. Chandler, J., Joins This Opinion in Part.

Gary Lauderdale a/k/a Gary E. Lauderdale v. State of Mississippi; Winston Circuit Court; LC Case #: 2012-033-CR; Ruling Date: 11/14/2012; Ruling Judge: C. Morgan, III; Disposition: Motion to Dismiss Appeal on Suggestion of Death filed by the Office of Indigent Appeals on behalf of the Appellant is granted and the appeal is dismissed. All costs of the appeal are assessed to Winston County. Randolph, P.J., for the Court. Order entered.

Brittani Rotolo Martin f/k/a Brittani Col Rotolo and Blaine Boudreaux v. Dana Falcon and Michael Falcon; Covington Chancery Court; LC Case #: 2012-200; Ruling Judge: David Shoemake; Disposition: Petition for Interlocutory Appeal is granted. The Chancery Court of Covington County's ruling in cause No. 2012-200 on November 18, 2013, is vacated to the extent that it addresses matters other than contempt. Costs assessed to the respondents. Lamar, J., not participating. Coleman, J., for the Court. Order entered.