01/08/2009 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 5 of the Mississippi Rules of Civil Procedure is hereby amended, as set forth In Exhibit "A" to the order. The amended rule may be used where a court, by local rule, allows electronic filing in conformity with the Mississippi Electronic Court System. On the Court's own motion, Comment to Rule 41 of the Mississippi Rules of Civil Procedure is hereby amended, as set forth in Exhibit "B" to the order. The amended rule may be used where a court, by local rule, allows electronic filing in conformity with the Mississippi Electronic Court System. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Second Series, (Mississippi Edition) and the Mississippi Rules of Court. Agree: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Disagree: Easley, J. Order entered.

In Re: Uniform Chancery Court Rules; Disposition: On the Court's own motion, Rule 1.16 of the Uniform Rules of Circuit and County Court Practice is hereby adopted, as set forth in Exhibit "A" to the order. The rule may be used where a court, by local rule, allows electronic filing in conformity with the Mississippi Electronic Court System. On the Court's own motion, Rule 1.13 of the Uniform Chancery Court Rules is hereby adopted, as set forth in Exhibit "B" to the order. The rule may be used where a court, by local rule, allows electronic filing in conformity with the Mississippi Electronic Court System. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Second Series, (Mississippi Edition) and the Mississippi Rules of Court. To Adopt: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Not Adopt: Easley, J. Order entered.

In Re: Uniform Chancery Court Rules; Disposition: On the Court's own motion, Rule 8.05 of the Uniform Chancery Court Rules is hereby amended as set forth in Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Agree: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Disagree: Easley, J. Order entered.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: On the Court's own motion, Rule 1.16 of the Uniform Rules of Circuit and County Court Practice is hereby adopted, as set forth in Exhibit "A" to the order. The rule may be used where a court, by local rule, allows electronic filing in conformity with the Mississippi Electronic Court System. On the Court's own motion, Rule 1.13 of the Uniform Chancery Court Rules is hereby adopted, as set forth in Exhibit "B" to the order. The rule may be used where a court, by local rule, allows electronic filing in conformity with the Mississippi Electronic Court System. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Second Series, (Mississippi Edition) and the Mississippi Rules of Court. To Adopt: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Not Adopt: Easley, J. Order entered.

In Re: Uniform Rules of Youth Court Practice; Disposition: The Petition for Adoption of Youth Court Rules of Procedure filed by the Mississippi Task Force for Youth Court Rules is hereby granted. The Uniform Rules of Youth Court Practice, as set forth in Exhibit A to the order are adopted. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Second Series (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Order entered.

In Re: Uniform Rules of Youth Court Practice; Disposition: The Petition for Adoption of Youth Court Rules of Procedure filed by the Mississippi Task Force for Youth Court Rules is hereby granted. The Uniform Rules of Youth Court Practice, as set forth in Exhibit A to the order are adopted. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Second Series (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Order entered.

Kenneth Readus v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-0051; Ruling Date: 04/08/2004; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Kenneth Readus is denied. To Deny: All Justices. Order entered.

William James Logan, Jr. v. State of Mississippi; Covington Circuit Court; LC Case #: 2004-44-K; Ruling Date: 08/11/2006; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by William James Logan, Jr., is denied. To Deny: All Justices. Order entered.

Bryant Carter v. State of Mississippi; Pike Circuit Court; LC Case #: 05-421-PKT; Ruling Date: 02/05/2007; Ruling Judge: Michael Taylor; Disposition: Petition of Writ of Certiorari filed by Bryant Carter is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Diaz, P.J. Order entered.

Ralph Brown and Lora Brown v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2003-258; Ruling Date: 04/25/2007; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed by appellants is denied. Lamar, Chandler and Pierce, JJ., not participating.

Greater Canton Ford Mercury, Inc. v. Pearl Lee Lane; Madison Circuit Court; LC Case #: CI2003-0200-C; Ruling Date: 05/14/2007; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by appellee is denied. Chandler and Pierce, JJ., not participating.

Gary Hemba v. Mississippi Department of Corrections; Hinds Chancery Court 1st District; LC Case #: G2005-2130S/2; Ruling Date: 09/10/2007; Ruling Judge: William Singletary; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Kitchens, JJ., Concur. Graves, P.J., Concurs in Result Only. Chandler and Pierce, JJ., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The petition to adopt the Administrative Procedures for the Mississippi Electronic Court System is granted. The Administrative Procedures, as set forth in Exhibit "A" to the order, are adopted to establish a pilot program for the Mississippi Electronic Court System in those chancery, circuit and county courts which have adopted these procedures by local rule. The Supreme Court Executive Committee, with notice to the Court, is hereby authorized and directed to approve modifications to the Administrative Procedures for Mississippi Electronic Court System upon recommendation of the Administrative Office of Courts. The Clerk of this Court shall spread this order upon the minutes of this Court. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny: Easley, J. Order entered.

In Re: Laura Skeen Kuns; Disposition: On the Court's own motion, Laura Skeen Kuns is hereby deemed to be in contempt of this Court's order, entered December 27, 2007, commanding that she pay One Thousand Five Hundred Sixty-One Dollars ($1,561.00) to the law firm of Watkins, Ludlam, Winter & Stennis, P.A. Laura Skeen Kuns shall pay, as additional sanctions, all costs associated with the September 23, 2008, Show Cause hearing totaling Two Hundred Fifty-Six Dollars ($256.00), which is due and payable to the Clerk of this Court. Laura Skeen Kuns, as a result of her contempt of this Court's order entered December 27, 2007, is hereby barred from the practice of law before the Supreme Court of Mississippi until such time as she is able to show proof that she has purged herself of contempt by paying One Thousand Five Hundred Sixty-One Dollars ($1,561.00) to the law firm of Watkins, Ludlam, Winter & Stennis, P.A., and by paying the Two Hundred Fifty-Six Dollars ($256.00) show cause hearing cost to the Clerk of this Court. In Agreement: Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Smith, C.J., and Diaz, P.J. Order entered.