01/26/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2011-CP-00165-SCT

Gary Lee v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0501-CI; Ruling Date: 01/12/2011; Ruling Judge: Richard Smith; Majority Opinion: Pierce, J. Disposition: Affirmed. Sunflower County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

Verna Mae P. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2005-53-48-L; Ruling Date: 12/15/2008; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by counsel for Anna F. Carroll is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J. Not Participating: Chandler and King, JJ. Order entered.

Corey T. Lee v. Jean Miller Lee; DeSoto Chancery Court; LC Case #: 07-08-1564; Ruling Date: 04/01/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and 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.

Janice Herrington Ward, William Lloyd Ward, Jr., Rita Collins, Deceased, and Linda Stennett v. Trimac Investments, LLC; Forrest County Court; LC Case #: C004-0894-E; Ruling Date: 11/12/2009; Ruling Judge: Michael McPhail; Disposition: Petition for writ of certiorari filed by counsel for Trimac, LLC is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Not Participating: Randolph, J. Order entered.

Anthony Lafayette v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2008-001-CR1; Ruling Date: 12/17/2009; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by Anthony Lafayette is granted. To Grant: Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, Lamar and Pierce, JJ. Order entered.

Mississippi Windstorm Underwriting Association, Hartford Fire Insurance Company, Hartford Casualty Insurance Company, Hartford Insurance Company of the Midwest and Hartford Accident & Indemnity Company v. Union National Fire Insurance Company, United States Fire Insurance Company, A Subsidiary of Crum & Forster Holding, Inc., RLI Insurance Company, OneBeacon Insurance Group, Aegis Security Insurance Company, Zurich American Insurance Company (for itself and its subsidiaries who are members of MWUA), Homesite Insurance Company, Farmer Insurance Group of Companies and Allstate Property & Casualty Insurance Company AND Aegis Security Insurance Company, Homesite Insurance Company and Union National Fire Insurance Company v. Allstate Property and Casualty Insurance Company; Hinds Chancery Court 1st District; LC Case #: G-2007-2019 T/1; Ruling Date: 12/15/2009; Ruling Judge: J. Thomas; Disposition: Union National Fire Insurance Company's "Motion for Rule 33 Pre-hearing Conference" is denied. Order entered.

Mississippi Windstorm Underwriting Association, Hartford Fire Insurance Company, Hartford Casualty Insurance Company, Hartford Insurance Company of the Midwest and Hartford Accident & Indemnity Company v. Union National Fire Insurance Company, United States Fire Insurance Company, A Subsidiary of Crum & Forster Holding, Inc., RLI Insurance Company, OneBeacon Insurance Group, Aegis Security Insurance Company, Zurich American Insurance Company (for itself and its subsidiaries who are members of MWUA), Homesite Insurance Company, Farmer Insurance Group of Companies and Allstate Property & Casualty Insurance Company AND Aegis Security Insurance Company, Homesite Insurance Company and Union National Fire Insurance Company v. Allstate Property and Casualty Insurance Company; Hinds Chancery Court 1st District; LC Case #: G-2007-2019 T/1; Ruling Date: 12/15/2009; Ruling Judge: J. Thomas; Majority Opinion: King, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed in Part and Rendered. On Cross-Appeal: Affirmed. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: Dickinson, P.J.

Deric Bailey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-7170; Ruling Date: 12/10/2009; Ruling Judge: W. Yerger; Majority Opinion: Carlson, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, J., Joins This Opinion.

Eric Turner v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: H10-051H; Ruling Date: 03/26/2010; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Eric Turner is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Marvin Rhoda v. Edith W. Weathers; DeSoto Circuit Court; LC Case #: CV2009-0136CD; Ruling Date: 04/27/2010; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for Edith W. Weathers is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Deny: Chandler, J. Order entered.

Rennie T. Gibbs v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0031-CR1; Ruling Date: 04/23/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by Rennie T. Gibbs is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Richard Partain v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0253CD; Ruling Date: 04/19/2010; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Richard Partain, pro se, is denied. To Deny: Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss as Untimely: Waller, C.J., and Carlson, P.J. Order entered.

Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 07/15/2010; Ruling Judge: William Chapman, III; Consolidated with 2007-CT-01783-SCT Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 09/14/2007; Ruling Judge: William Chapman, III; Disposition: Petition for writ of Certiorari filed by Michael Kukor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.

Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 07/15/2010; Ruling Judge: William Chapman, III; Consolidated with 2007-CT-01783-SCT Michael Kukor v. Northeast Tree Service, Inc., Liberty Mutual Insurance Company, Jay's Service Company and First Comp Insurance Company; Madison Circuit Court; LC Case #: 2007-239(C); Ruling Date: 09/14/2007; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Michael Kukor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and Chandler, JJ. Not Participating: King, J. This order is to correct the vote line of the order previously entered. Order entered.

T. Jackson Lyons & Associates, P. A. v. Precious T. Martin, Sr. & Associates, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-10-140; Ruling Date: 12/09/2010; Ruling Judge: S. Harrison; Disposition: The "Motion to Compel Circuit Clerk to Transmit Complete Record and to Stay Briefing Schedule" and the "Appellant's Response to Circuit Court's Findings on Remand and Motion for Further Remedial Relief" filed by T. Jackson Lyons & Associates, P.A., are granted in part and dismissed as moot in part as discussed herein. On or before March 20, 2012, Honorable Tomie T. Green, Circuit Judge for the First Judicial District of Hinds County, Mississippi, shall calculate and impose the sanctions against the circuit clerk for her failure to comply with Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. This amount shall be paid by Dunn personally and shall not be paid from an account containing public funds. Barbara Dunn immediately shall provide adequate training and education for all of the employees in the office of the Circuit Clerk of Hinds County, Mississippi, as provided herein. The circuit court shall conduct an additional hearing to determine whether Wells falsely testified and, if so, take appropriate action. The Clerk of this Court shall send copies of this order to Barbara Dunn, Circuit Clerk of Hinds County, as well as her employee, Loretta Wells. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition). Waller, C.J., not participating. Order entered.

T. Jackson Lyons & Associates, P. A. v. Precious T. Martin, Sr. & Associates, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-10-140; Ruling Date: 12/09/2010; Ruling Judge: S. Harrison; Disposition: The "Motion to Compel Circuit Clerk to Transmit Complete Record and to Stay Briefing Schedule" and the "Appellant's Response to Circuit Court's Findings on Remand and Motion for Further Remedial Relief" filed by T. Jackson Lyons & Associates, P.A., are granted in part and dismissed as moot in part as discussed herein. On or before March 20, 2012, Honorable Tomie T. Green, Circuit Judge for the First Judicial District of Hinds County, Mississippi, shall calculate and impose the sanctions against the circuit clerk for her failure to comply with Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. This amount shall be paid by Dunn personally and shall not be paid from an account containing public funds. Barbara Dunn immediately shall provide adequate training and education for all of the employees in the office of the Circuit Clerk of Hinds County, Mississippi, as provided herein. The circuit court shall conduct an additional hearing to determine whether Wells falsely testified and, if so, take appropriate action. The Clerk of this Court shall send copies of this order to Barbara Dunn, Circuit Clerk of Hinds County, as well as her employee, Loretta Wells. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition). Waller, C.J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Rickey W. Thompson; LC Case #: 2009-061; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations Filed by the Mississippi Commission on Judicial Performance and Rickey W. Thompson is granted. See opinion of this Court handed down this date. Chandler, J., not participating.

Mississippi Commission on Judicial Performance v. Rickey W. Thompson; LC Case #: 2009-061; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Majority Opinion: Carlson, P.J. Disposition: Lee County Justice Court Judge Rickey W. Thompson shall be suspended from office for a period of thirty (30) days without pay, effective on the date of issuance of this Court's mandate; publicly reprimanded; fined $2,000 and assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Lee County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Thompson in attendance. Justice Court Judge Rickey W. Thompson taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Pierce and King, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion. Chandler, J., not participating. Dissenting Opinion: Kitchens, J.

Glen L. Conley, Jr. v. State of Mississippi; Pike Circuit Court; LC Case #: 15559-A; Ruling Date: 07/03/1998; Ruling Judge: David Strong, Jr.; Disposition: Application for Leave to File Post-Conviction Motion filed pro se by Petitioner is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Order entered.