12/13/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2011-KP-00106-SCT

Edgar Earl Patton a/k/a Edgar Patton a/k/a M.E. Edgar Patten v. State of Mississippi; Winston Circuit Court; LC Case #: 2010-039-CR; Ruling Date: 02/07/2011; Ruling Judge: Frank Vollor; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of false pretense and sentence of three (3) years in the custody of the Mississippi Department of Corrections, with one (1) year and one (1) day to serve and one (1) year and 364 days suspended for a period of five (5) years on supervised probation, Affirmed. Count II: Conviction of fraudulent use of I.D. and sentence of two (2) years in the custody of the Mississippi Department of Corrections, with one (1) year and one (1) day to serve and 364 days suspended for a period of five (5) years on supervised probation, Affirmed. Count III: Conviction of fraudulent use of I.D. and sentence of two (2) years in the custody of the Mississippi Department of Corrections, with one (1) year and one (1) day to serve and 364 days suspended for a period of five (5) years on supervised probation, Affirmed. Count IV: Conviction of fraudulent use of I.D. and sentence of two (2) years in the custody of the Mississippi Department of Corrections, with one (1) year and one (1) day to serve and 364 days suspended for a period of five (5) years on supervised probation, Affirmed. Count V: Conviction of fraudulent use of I.D. and sentence of two (2) years in the custody of the Mississippi Department of Corrections, with one (1) year and one (1) day to serve and 364 days suspended for a period of five (5) years on supervised probation, Affirmed. Sentences shall run consecutively to each other. Winston County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.

Quincy Clayton a/k/a Quincy Lee Clayton v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-222-KR2; Ruling Date: 02/08/2011; Ruling Judge: Billy Landrum; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Jones County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Jeffrey Dale Beecham v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2007-955-CD; Ruling Date: 12/16/2008; Ruling Judge: Robert Chamberlin; Disposition: On the Court's own motion, four of the justices of this Court are of the opinion that the judgment of the Court of Appeals should be affirmed, and four are of the opinion that it should be reversed. Accordingly, we affirm, without opinion, the judgment of the Court of Appeals. Randolph, J., for the Court. King, J., not participating. DeSoto County taxed with costs of appeal. Order entered.

Mark Kee Brown v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-08-586; Ruling Date: 02/02/2010; Ruling Judge: Roger Clark; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Harrison County Circuit Court of Conviction of felony escape is Affirmed. The sentence of life in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for probation or parole is Vacated. The case is remanded to the Harrison County Circuit Court for resentencing. Harrison County taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Kitchens and King, JJ., Concur. Randolph, J., Dissents With Separate Written Opinion Joined by Chandler and Pierce, JJ. Waller, C.J., not participating. Dissenting Opinion: Randolph, J. Votes: Chandler and Pierce, JJ., Join This Opinion.

Gregory Eugene Janssen v. Elizabeth Jane Janssen; Harrison Chancery Court 1st District; LC Case #: C2401-00-01932(4); Ruling Date: 05/25/2010; Ruling Judge: Carter Bise; Disposition: Petition for writ of certiorari filed by counsel for Gregory Eugene Janssen is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Kitchens, J. Order entered.

Gregory Eugene Janssen v. Elizabeth Jane Janssen; Harrison Chancery Court 1st District; LC Case #: C2401-00-01932(4); Ruling Date: 05/25/2010; Ruling Judge: Carter Bise; Disposition: Motion to Consider Writ of Certiorari Out of Time filed by Gregory Eugene Janssen is granted. Order entered.

Carl Keith Blackston and Joshua M. Stapleton v. George County, Mississippi; George Circuit Court; LC Case #: 2007-0165(2); Ruling Date: 01/26/2010; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Carl Keith Blackston and Joshua M. Stapleton is denied. To Deny: All Justices. Order entered.

Dorothy Knight v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-954-CIV-SY; Ruling Date: 08/30/2010; Ruling Judge: W. Yerger; Majority Opinion: Pierce, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Circuit Court of Hinds County is Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Kitchens, Chandler and King, JJ., Concur. Carlson, P.J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Randolph and Lamar, JJ. Dissenting Opinion: Carlson, P.J. Votes: Dickinson, P.J., Randolph and Lamar, JJ., Join This Opinion.

Teresa De Jesus Zweber v. Everett Charles Zweber; DeSoto Chancery Court; LC Case #: 05-08-1247; Ruling Date: 07/30/2010; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the DeSoto County Chancery Court is Affirmed in Part and Reversed in Part and this case is Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Marshall Keith Watkins a/k/a Keith Watkins a/k/a Marshall Watkins v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-948; Ruling Date: 08/16/2010; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by Marshall Keith Watkins is denied. Opinion modified at paragraphs 13 & 15 and footnote 10.

Howard Dean Goodin a/k/a Howard D. Gooden a/k/a Howard Dean Gooden a/k/a Howard Goodin v. State of Mississippi; Newton Circuit Court; LC Case #: 99-CR-002-NW-G; Ruling Date: 10/06/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Carlson, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part; Vacated in Part and Remanded. Newton County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and King, JJ., Concur. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Randolph and Pierce, JJ., Join This Opinion.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for Leave to File Amended Petition for Post-Conviction Relief and Expand the Scope of Remand filed by Frederick Bell is denied. Kitchens, J., would grant. King, J., not participating. Order entered.

Hemeter Properties, LLC, Peachtree Properties, LLC, Gardner Clark Family, LLC, TR Clark, LLC, Charles M. Hamilton, James Steven Gardner, Adrian Cody Clark, Franklin D. Hemeter, Jr., Stephanie A. Barefoot and James Scott Hemeter v. Reynolds Clark; Wayne Chancery Court; LC Case #: 2008-441; Ruling Date: 09/27/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for writ of certiorari filed by Hemeter Properties, LLC, et al., is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and Pierce, JJ. To Deny: Randolph, Kitchens and King, JJ. Order entered.

Edgar Earl Patton a/k/a Edgar Patton a/k/a M.E. Edgar Patten v. State of Mississippi; Winston Circuit Court; LC Case #: 2010-039-CR; Ruling Date: 02/07/2011; Ruling Judge: Frank Vollor; Disposition: Petition for Stay of Mandate filed by Edgar Earl Patton is denied. Order entered.

Ferlando Esco v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2010-0261-C; Ruling Date: 03/07/2011; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Ferlando Esco is denied. To Deny: All Justices. Order entered.

Glenn Wane Hawkins a/k/a Glenn Wayne Hawkins v. State of Mississippi; Monroe Circuit Court; LC Case #: CR08-077; Ruling Date: 02/24/2011; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by Glenn Wane Hawkins is denied. Dickinson, P.J., would grant.

Robert Powell and Continental Rails and Excavating, Inc. v. Sheila McLain; Simpson Circuit Court; LC Case #: 2009-316; Ruling Date: 04/05/2011; Ruling Judge: Eddie Bowen; Majority Opinion: Lamar, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Chandler and King, JJ. Waller, C.J., and Dickinson, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-041(W); Ruling Date: 04/18/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed pro se by William Avery is denied. To Deny: All Justices. Order entered.

Danny McGleachie v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2011-0121; Ruling Date: 04/14/2011; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Danny McGleachie is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J. Order entered.

Kaye Hankins v. Maryland Casualty Company/Zurich American Insurance Company; Madison Circuit Court; LC Case #: CI-2009-0265-JE; Ruling Date: 07/01/2011; Ruling Judge: John Emfinger; Disposition: Motion for rehearing filed by Kaye Hankins is denied. Waller, C.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.

Ricky Scruggs a/k/a Rickey Scruggs v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-263CD; Ruling Date: 07/12/2011; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed pro se by Ricky Scruggs is denied. To Deny: All Justices. Order entered.