12/20/2012 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2008-CT-01920-SCT

Frederick Denell Grim v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0120; Ruling Date: 11/14/2008; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Appellant is denied. Opinion modified at paragraphs 21 and 30. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating. Dickinson, P.J., dissents on denial of motion for rehearing with separate written opinion joined by Kitchens and Chandler, JJ.

Robert L. Jenkins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2008-18; Ruling Date: 09/16/2009; Ruling Judge: John Gargiulo; Disposition: Motion for rehearing filed by Appellant is denied. Opinion modified at paragraphs 18 and 27. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Dickinson, P.J., dissents on denial of motion for rehearing with separate written opinion joined by Kitchens and Chandler, JJ.

Carl Patterson, Jr. v. T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc.; Marion Circuit Court; LC Case #: 2009-0043P; Ruling Date: 10/11/2010; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by T. L. Wallace Construction Company, Inc. is granted. To Grant: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens, J. Not Participating: Carlson, P.J. Order entered.

Carl Patterson, Jr. v. T. L. Wallace Construction, Inc. and Turtle Creek Development, Inc.; Marion Circuit Court; LC Case #: 2009-0043P; Ruling Date: 10/11/2010; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Turtle Creek Development, Inc., is granted. To Grant: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens, J. Not Participating: Carlson, P.J. Order entered.

Trina Sullivan v. Kenneth Sullivan; Forrest Chancery Court; LC Case #: 04-737-GN-W; Ruling Date: 06/29/2010; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by Trina Sullivan is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Grant: Pierce, J. Not Participating: Carlson, P.J. Order entered.

Donald James Wilson a/k/a DJ Wilson a/k/a Donald J. Wilson a/k/a Donald Wilson v. State of Mississippi; Franklin Circuit Court; LC Case #: 10-KR-013; Ruling Date: 09/15/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Donald James Wilson is denied. To Deny: Waller, C.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Not Participating: Carlson, P.J. Order entered.

Charles Benson, as Heir to the Estate of John S. Benson v. Neshoba County School District and Delbert Hosemann, Secretary of State for The State of Mississippi; Neshoba Chancery Court; LC Case #: 2010-161; Ruling Date: 12/28/2010; Ruling Judge: Edward Fenwick; Disposition: Petition for writ of certiorari filed by Charles Benson is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Carlson, P.J. Order entered.

Gregory Fair v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-10-0030; Ruling Date: 01/20/2011; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Gregory Fair, pro se, is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Carlson, P.J. Order entered.

M-D Medical Services, Inc., a Mississippi Corporation; David A. McCay, Individually; Brandi K. McCay, Individually; Patrick H. Scanlon, Jr., P.A., a Mississippi Corporation; Patrick H. Scanlon, Jr., M.D., Individually; and Mary S. Scanlon, Individually v. Huffman & Company, CPA, P.A., a Mississippi Corporation and Anthony Huffman, CPA, Individually; Madison Circuit Court; LC Case #: CI-2010-0293-E; Ruling Date: 06/01/2011; Ruling Judge: John Emfinger; Disposition: Petition for Interlocutory Appeal filed by the Appellants was granted by order of this Court on August 31, 2011 in order to carefully review the issues presented in this matter. Having done so, the Court finds there is no need for further review and that the appeal should be dismissed. On the Court's own motion, the appeal is dismissed and all costs are assessed to the Appellants. Agree: Waller, C.J., Randolph, Pierce and King, JJ. Disagree: Carlson, P.J., Lamar and Kitchens, JJ. Not Participating: Dickinson, P.J. Chandler, J., for the Court. Order entered.

Scotty B. Lyles v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0193-CR; Ruling Date: 06/23/2009; Ruling Judge: Lee Coleman; Disposition: Application for Leave to Proceed in the Trial Court filed pro se by Petitioner is granted in part. Petitioner's Motion for Post-Conviction Collateral Relief shall be filed in the Oktibbeha County Circuit Court by January 31, 2013. Waller, C.J., Randolph, Lamar and Pierce, JJ., would deny. Order entered.

Scotty B. Lyles v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0044-CR; Ruling Date: 06/23/2009; Ruling Judge: Lee Coleman; Disposition: Application for Leave to Proceed in the Trial Court filed pro se by Petitioner is granted. Petitioner's Motion for Post-Conviction Collateral Relief shall be filed in the Oktibbeha County Circuit Court by January 31, 2013. Waller, C.J., Randolph, Lamar and Pierce, JJ., would deny. Order entered.

Cliff Hensley v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR07-053; Ruling Date: 05/12/2010; Ruling Judge: Paul Funderburk; Disposition: Application for Leave to Proceed in the Trial Court filed by Petitioner is granted. Petitioner's Motion to Set Aside Sentence shall be filed in the Tishomingo County Circuit Court by January 31, 2013. Waller, C.J., Randolph, Lamar and Pierce, JJ., would deny. Order entered.