01/27/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2009-KA-01901-SCT

Timothy Gunn v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-057-CR2; Ruling Date: 11/18/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Pierce, J. Disposition: Conviction of grand larceny and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, as a habitual offender, without parole or probation, Affirmed. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Mattie Bennett, Individually and on Behalf of the Wrongful Death Beneficiaries of Josephine Lewis, Deceased and as Administratrix of the Estate of Josephine Lewis, Deceased v. Hill-Boren P.C., T. Robert Hill, Melvin & Melvin and Leonard B. Melvin, III, Executor of the Estate of Leonard B. Melvin, Jr., Deceased; Jones Circuit Court 2nd District; LC Case #: 2008-917-CV6; Ruling Date: 08/06/2009; Ruling Judge: Robert Evans; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ., Concur. Randolph, J., not participating.

In Re: Rules of Professional Conduct; Disposition: On the Court's own motion, the Petition filed by the Mississippi Access to Justice Commission to create Rule 6.5, and to amend Rules 1.1, 1.2, 1.16 of the Rules of Professional Conduct is approved. The amendments set forth in Exhibit "A" will promote the fair and efficient administration of justice. Agreed: All Justices. Order entered.

Bluewater Logistics, LLC, Bluewater Bay LLC, Patricia L. Mosser, Marquetta Smith and Michael J. Floyd v. James Stewart Williford, Jr.; Forrest Chancery Court; LC Case #: 06-0092-GN-W; Ruling Date: 01/07/2008; Ruling Judge: Johnny Williams; Majority Opinion: Dickinson, J. Disposition: The judgment of the Court of Appeals is Reversed. The Judgment of the Chancery Court of Forrest County is Reinstated and Affirmed. This case is remanded to the Chancery Court for proceedings consistent with this opinion. Appellants taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only. Waller, C.J., Concurs in Part and in Result With Separate Written Opinion Joined by Pierce, J. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Pierce, J., Joins This Opinion.

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: Petition for writ of certiorari filed by Frederick Denell Grim is granted. To Grant: Graves, P.J., Dickinson, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.

Reginald Ladale Edwards v. State of Mississippi; Claiborne Circuit Court; LC Case #: 2008-181; Ruling Date: 12/12/2008; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by Reginald Ladale Edwards is denied. To Deny: All Justices. Order entered.

Willie Lee Madden, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2005/B2401-2002-7; Ruling Date: 02/26/2009; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by Willie Lee Madden is denied. To Deny: All Justices. Order entered.

Esther Roberts v. The Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-370; Ruling Date: 11/21/2008; Ruling Judge: William Coleman; Disposition: Petition for writ of certiorari filed by counsel for Esther Roberts is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Chandler, JJ. To Grant: Kitchens and Pierce, JJ. Order entered.

Tracy Graves v. Michael Haden; Lamar Chancery Court; LC Case #: 2006-0034-GN-TH; Ruling Date: 06/30/2009; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by Tracy Graves is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Chandler, JJ. To Grant: Dickinson and Pierce, JJ. Order entered.

Sidney Carlton Gorton, M.D. v. Shumaera Rance, Individually, and on Behalf of Dexter Jordan, Jr., Deceased; Humphreys Circuit Court; LC Case #: 2008-0164; Ruling Date: 06/22/2009; Ruling Judge: Jannie Lewis; Majority Opinion: Chandler, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

The Mississippi Bar v. Attorney BW; Disposition: Complainant's motion to dismiss the Bar's petition is granted. Pierce, J., for the Court. Order entered.

The Mississippi Bar v. Attorney BW; Disposition: Complainant's motion to dismiss the Bar's petition is granted. Pierce, J., for the Court. Order entered.