01/28/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2008-KA-01405-SCT

Maurice Pruitt v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2007-246-KR2; Ruling Date: 05/20/2008; Ruling Judge: Billy Landrum; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Jones County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Vicki D. White v. John R. White; Tishomingo Chancery Court; LC Case #: 97-0369; Ruling Date: 05/15/2008; Ruling Judge: Kenneth Burns; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Covington County School District v. Lutricia Magee, Individually and on Behalf of the Wrongful Death Beneficiaries of Lonnie C. Magee, Jr., Deceased, and All Others Who are Entitled to Recover Under the Wrongful Death and Survival Statute; Covington Circuit Court; LC Case #: 2008-45C; Ruling Date: 06/25/2008; Ruling Judge: Robert Evans; Majority Opinion: Carlson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Chandler, J., Dissents With Separate Written Opinion. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., JoinsThis Opinion. Dissenting Opinion: Chandler, J.

Kenivel Smith v. State of Mississippi; Tunica Circuit Court; LC Case #: 2005-0159; Ruling Date: 10/17/2006; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Kenivel Smith is denied. Graves, P.J., would grant.

In Re: Dissolution of DeMoville Partnership: Margaret DeMoville v. Dixie DeMoville Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Consolidated with 2007-CT-00189-SCT In the Matter of Margie Allen DeMoville, Deceased: Margaret DeMoville v. Dixie Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Disposition: Petition for writ of certiorari filed by counsel for Margaret DeMoville is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Dickinson and Chandler, JJ. Order entered.

In the Matter of Margie Allen DeMoville, Deceased: Margaret DeMoville v. Dixie Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Consolidated with 2007-CT-00141-SCT In Re: Dissolution of DeMoville Partnership: Margaret DeMoville v. Dixie DeMoville Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Disposition: Petition for writ of certiorari filed by counsel for Margaret DeMoville is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Dickinson and Chandler, JJ. Order entered.

William S. Harris v. Tom Griffith Water Well & Conductor Service, Inc.; Marion Chancery Court; LC Case #: 2002-0177-G-T; Ruling Date: 04/11/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Kitchens, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Marion County Chancery Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

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

Julius Williams, II v. Barbara Williams; Harrison Chancery Court 1st District; LC Case #: 02-01865(3); Ruling Date: 09/07/2007; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by counsel for Barbara Williams is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Dickinson and Randolph, JJ. Order entered.

Patricia Fleishhacker v. Walter Fleishhacker; Lee Chancery Court; LC Case #: 04-395-(41)-L; Ruling Date: 06/15/2007; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by Walter Fleishhacker is granted. To Grant: All Justices. Order entered.

Perrin H. Lowrey v. Cynthia Nelson Lowrey; Lamar Chancery Court; LC Case #: 2002-0254-GN-TH; Ruling Date: 09/06/2007; Ruling Judge: James Thomas, Jr.; Disposition: Motion for rehearing filed by Cynthia Nelson Lowrey is denied. Graves, P.J., would grant.

Jim Terry a/k/a James Clayton Terry v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0518-CR1; Ruling Date: 11/30/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Jim Terry is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Chandler, J. Order entered.

Kendrick Darnell Conner a/k/a Rudy Talley v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0449-CR1; Ruling Date: 05/24/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed pro se by Kendrick Darnell Conner 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.

Don Barrett, Individually; Barrett Law Office, P.A. and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 02/26/2008; Ruling Judge: William Coleman; Consolidated with 2008-IA-00788-SCT Don Barrett, Individually, Barrett Law Office, P.A., and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 04/16/2008; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by Jones, Funderburg, Sessums, Peterson & Lee, LLC is denied. Carlson, P.J., and Pierce, J., would grant. Dickinson and Kitchens, JJ., not participating.

Robin Harper, Individually and on Behalf of Reijah Harper, a Minor v. Cal-Maine Foods, Inc.; Hinds Circuit Court 2nd District; LC Case #: 2006-28; Ruling Date: 02/28/2008; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Cal-Maine Foods, Inc., is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. To Deny: Graves, P.J., Kitchens and Chandler, JJ. Order entered.

Vennit B. Mathis, II v. ERA Franchise Systems, Inc., H. Stuart Irby, Mark Warren, Real Estate Professionals of Central Mississippi, LLC and Real Estate Professionals of the Pine Belt, LLC; Covington Circuit Court; LC Case #: 2006-150C; Ruling Date: 03/10/2008; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by Vennit B. Mathis, II is denied. Randolph, J., not participating.

Don Barrett, Individually, Barrett Law Office, P.A., and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 04/16/2008; Ruling Judge: William Coleman; Consolidated with 2008-IA-00421-SCT Don Barrett, Individually; Barrett Law Office, P.A. and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 02/26/2008; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by Jones, Funderburg, Sessums, Peterson & Lee, LLC is denied. Carlson, P.J., and Pierce, J., would grant. Dickinson and Kitchens, JJ., not participating.

Rodrick Maggitt a/k/a Roderick Maggitt v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-541-CV-L; Ruling Date: 05/23/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Rodrick Maggitt is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered.

Douglas Jay, Jr. v. State of Mississippi; Newton Circuit Court; LC Case #: 04-CR-0044-NW-G; Ruling Date: 04/11/2005; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by the State of Mississippi is denied.

Shanika Hill and Brian Thomas, Individually and as Wrongful Death Beneficiaries of Their Deceased Child v. Stephen Mills, M.D.; Lincoln Circuit Court; LC Case #: 2002-372; Ruling Date: 06/10/2008; Ruling Judge: David Strong, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Waller, C.J., Specially Concurs With Separate Written Opinion. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, P.J. Specially Concurring Opinion: Waller, C.J. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Graves, P.J., Joins This Opinion.