01/20/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
  2009-CA-00841-SCT

George M. Bozier v. The Estate of Richard J. Schilling, Jr. and SW Gaming, LLC; Washington Chancery Court; LC Case #: 051307; Ruling Date: 03/23/2009; Ruling Judge: Marie Wilson; Majority Opinion: Kitchens, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Donovan Foreman v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2009-23; Ruling Date: 10/02/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Vacated. Count IV: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Vacated. Count V: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Vacated. Count VI: Conviction of shooting into an automobile and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Reversed in Part and Remanded for re-sentencing. Sentences in Counts II and VI are to be served concurrently with Count I. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Richard Leon Long v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2008-343CD; Ruling Date: 11/02/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Graves, P.J. Disposition: Conviction of the sale of a controlled substance, Diazepam, within one thousand (1000) feet of the real property of a park and sentence of life imprisonment, without the eligibility for parole, as a habitual offender under M.C.A. Section 99-19-83, in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay all costs of court, $1,000 fine payable within ninety (90) days from his release from incarceration should that ever occur. Appellant shall be given 250 days credit for time served. DeSoto County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Kevin Eldridge v. State of Mississippi; Rankin Circuit Court; LC Case #: 18,469; Ruling Date: 03/28/2008; Ruling Judge: Samac Richardson; Majority Opinion: Graves, P.J. Disposition: Reversed and Remanded. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Jennifer Weatherspoon v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2006-065-CR2; Ruling Date: 01/15/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, P.J. Disposition: Count I: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in Count I shall be served consecutively to the sentence imposed in Count II. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

William Ray Hughes v. State of Mississippi; Tate Circuit Court; LC Case #: CR9668; Ruling Date: 11/20/1996; Ruling Judge: George Carlson, Jr.; Disposition: Motion to re-sentence to life without parole filed by the State of Mississippi is granted in part. To Grant: Waller, C.J., Graves, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ. Not Participating: Carlson, P.J., and Lamar, J. Order entered.

Shirley Ann James Hanshaw v. Larry Hanshaw; Lafayette Chancery Court; LC Case #: 98-206R; Ruling Date: 07/29/2005; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Chandler, J., not participating.

Cearic A. Barnes v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2006-59LT; Ruling Date: 04/05/2007; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed by Cearic Barnes is denied. To Deny: All Justices. Order entered.

Jaison O. Harness v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-335; Ruling Date: 06/18/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing filed by the State of Mississippi is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Affirmed. Graves, P.J., Dickinson, Kitchen and Chandler, JJ., would deny but modify. See opinions of this Court handed down this date.

Jaison O. Harness v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-335; Ruling Date: 06/18/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Lamar, J. Disposition: The State's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Conviction of aggravated driving under the influence and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, with ten (10) years suspended and five (5) years of supervised probation with fifteen (15) years to serve and credit given for time served, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., Dickinson and Chandler, JJ. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Dickinson and Chandler, JJ., Join This Opinion.

Thurman Kirkwood a/k/a Mickey v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0105; Ruling Date: 01/29/2008; Ruling Judge: Charles Webster; Majority Opinion: Kitchens, J. Disposition: The judgment of the Coahoma County Circuit Court is affirmed in part and reversed and remanded in part. Count I: Conviction of burglary of a dwelling and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, Reversed and Remanded. Count II: Conviction of felony fleeing and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of possession of a firearm by a convicted felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts II and III shall not be reduced or suspended nor shall appellant be eligible for parole or probation during the term of said sentences. Sentences in Counts II and III shall run consecutively. Count IV: Conviction of grand larceny and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Reversed and Remanded. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Chad Booker v. State of Mississippi; Tippah Circuit Court; LC Case #: TK2007-043; Ruling Date: 12/03/2008; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by counsel for Chad Booker is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Kitchens and Chandler, JJ. To Deny: Randolph, Lamar and Pierce, JJ. Order entered.

David Trejo v. State of Mississippi; Madison Circuit Court; LC Case #: 2006-0210-R; Ruling Date: 12/12/2008; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Graves, P.J., Dickinson, Kitchens and Chandler, JJ. Order entered.

3545 Mitchell Road, LLC d/b/a Tupelo Trace Apartments and Pinecrest/Tupelo, L.P. d/b/a Tupelo Seniors Apartments v. Board of Supervisors of Lee County, MS and Mark Weathers, Lee County Tax Assessor; Lee Circuit Court; LC Case #: CV 08-124(P)L; Ruling Date: 02/04/2009; Ruling Judge: James Pounds; Disposition: Petition for writ of certiorari filed by the Petitioners is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, J. Order entered.

Barry Gregg v. Natchez Trace Electric Power Association and Electric Power Associations of Mississippi Workers' Compensation Group, Inc.; Webster Circuit Court; LC Case #: 2008-55-CVL; Ruling Date: 04/14/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Barry Gregg is granted. To Grant: Waller, C.J., Graves, P.J., Dickinson, Kitchens and Chandler, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.

Donovan Eric Johnson v. State of Mississippi; Attala Circuit Court; LC Case #: 09-0023; Ruling Date: 03/19/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Donovan Eric Johnson is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Waller, C.J. Order entered.

Stroud Construction, Inc. v. Bill Walsh and Cindy Walsh; Madison Circuit Court; LC Case #: 2008-0095-C; Ruling Date: 04/09/2009; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Stroud Construction, Inc., is denied. To Deny: All Justices. Order entered.

Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0229; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Consolidated with 2009-CT-00797-SCT Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0541; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Tyshunna Cooper Ross is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Dickinson, J. Order entered.

Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0541; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Consolidated with 2009-CT-00796-SCT Tyshunna Cooper Ross v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0229; Ruling Date: 04/20/2009; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Tyshunna Cooper Ross is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Dickinson, J. Order entered.

Ricky Ryals a/k/a Ricky B. Ryals v. State of Mississippi; Forrest Circuit Court; LC Case #: CI08-0119; Ruling Date: 04/30/2009; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by Ricky Ryals, pro se, is denied. To Deny: All Justices. Order entered.

Barrett B. Daly v. The Mississippi Bar; Disposition: Motion of the Mississippi Bar to Dismiss Petition for Reinstatement is denied. Order entered.

Barrett B. Daly v. The Mississippi Bar; Disposition: Petition of Barrett B. Daly for reinstatement to the practice of law in the State of Mississippi is conditionally granted. See opinion of this Court handed down this date.

Barrett B. Daly v. The Mississippi Bar; Disposition: Motion to Deem Petitioner's Choice of Psychiatrist and Medical Doctor Approved by the LJAP is granted. See opinion of this Court handed down this date at page 13, paragraph 24.

Barrett B. Daly v. The Mississippi Bar; Majority Opinion: Chandler, J. Disposition: Petition of Barrett B. Daly for reinstatement to the practice of law in the State of Mississippi is conditionally granted. Barrett B. Daly taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.