01/30/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2012-IA-01467-SCT

Joshua Properties, LLC, Performance Sports Academy, LLC and Chris Snopek v. D1 Sports Holdings, LLC; Hinds Circuit Court 1st District; LC Case #: 251-11-988; Ruling Date: 08/24/2012; Ruling Judge: William Gowan, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Riverbend Utilities, Inc. v. Mississippi Environmental Quality Permit Board and Harrison County Utility Authority; Harrison Chancery Court 1st District; LC Case #: C2401-10-1275; Ruling Date: 03/30/2012; Ruling Judge: James Persons; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Angela Fancher and the Estate of Luke Kelly Fancher by and through Angela Fancher, Individually and as Personal Representative of the Estate of Luke Kelly Fancher and on Behalf of and for the use and Benefit of the Wrongful Death Beneficiaries of Luke Kelly Fancher v. Charles T. Haley, M.D.; Grenada Circuit Court; LC Case #: 2011-358-CVM; Ruling Date: 06/15/2012; Ruling Judge: C. Morgan, III; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Ralph Arnold Smith, Jr. v. Ricky Banks, Sheriff of Leflore County, Mississippi, and the State of Mississippi; Leflore Circuit Court; LC Case #: 2012-0066-CI; Ruling Date: 10/09/2012; Ruling Judge: L. Hilburn; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Coleman, J., not participating.

In Matter of A Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Bennie Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-0802649-4; Ruling Date: 06/22/2010; Ruling Judge: Carter Bise; Consolidated with 2011-CT-01036-SCT In the Matter of Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Benny Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-0802649-4; Ruling Date: 06/17/2011; Ruling Judge: Carter Bise; Disposition: Petition for writ of certiorari filed by RSL Funding, LLC and RSL-5B-IL, LTD is denied. To Deny: All Justices. Order entered.

City of Jackson, Mississippi v. Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on Behalf of the Wrongful Death Beneficiaries of Margaret E. Stephens, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-02-1134 CIV; Ruling Date: 05/25/2011; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on behalf of the wrongful death beneficiaries of Margaret E. Stephens, deceased, is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Order entered.

Joel Baskin v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2011-0009-CR; Ruling Date: 04/18/2011; Ruling Judge: C. Morgan, III; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Montgomery County Circuit Court is Reversed and the case is Remanded. Montgomery County taxed with costs of appeal. Votes: Waller, C.J., Kitchens, Chandler and King, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., Lamar and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Randolph, P.J., Lamar and Pierce, JJ., Join This Opinion.

In the Matter of Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Benny Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-0802649-4; Ruling Date: 06/17/2011; Ruling Judge: Carter Bise; Consolidated with 2010-CT-01222-SCT In Matter of A Transfer of Structured Settlement Payment Rights by Benny Ray Saucier: RSL Funding, LLC and RSL-5B-IL, Ltd v. Bennie Ray Saucier; Harrison Chancery Court 1st District; LC Case #: C2401-0802649-4; Ruling Date: 06/22/2010; Ruling Judge: Carter Bise; Disposition: Petition for writ of certiorari filed by RSL Funding, LLC and RSL-5B-IL, LTD is denied. To Deny: All Justices. Order entered.

Saheed Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-513; Ruling Date: 07/27/2011; Ruling Judge: William Gowan, Jr.; Disposition: Petition for writ of certiorari filed by Saheed Davis is denied. To Deny: All Justices. Order entered.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company; Panola Circuit Court 2nd District; LC Case #: CV2010-400-MP2; Ruling Date: 06/13/2011; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed by Crown, Cork & Seal USA, Inc., Pacific Employers Insurance Company and American International South Insurance Company is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Chandler, J. Order entered.

Jaquita Haywood a/k/a Joquita Haywood a/k/a Jacquita Haywood a/k/a Jaquita Haywood a/k/a "TeTe" v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-111-CR2; Ruling Date: 01/09/2012; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed pro se by Jaquita Haywood is denied. To Deny: All Justices. Order entered.

Kenneth Eugene Fox, Sr. a/k/a Kenneth Fox a/k/a Kenneth E. Fox a/k/a Kenneth E. Fox, Sr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-104GCD; Ruling Date: 01/26/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: Petition for writ of certiorari filed pro se by Kenneth Eugene Fox, Sr., is denied. To Deny: All Justices. Order entered.

Matthew Ladner v. Zachry Construction and Zurich American Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-11-053; Ruling Date: 02/23/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Joe H. Cotton a/k/a Joe Cotton a/k/a Joe Henry Cotton v. State of Mississippi; Tunica Circuit Court; LC Case #: 2011- 0050; Ruling Date: 04/11/2012; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Joe H. Cotton is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Peggy J. Sturdivant v. Moore Bayou Water Association, Inc. and Coahoma County, Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-10-0104; Ruling Date: 03/29/2012; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Peggy J. Sturdivant is denied. To Deny: All Justices. Order entered.

Sheldon Nathan a/k/a Sheldon Orange v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-087RCD; Ruling Date: 04/23/2012; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed pro se by Sheldon Nathan is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.

Eaton Corporation and Old Republic Insurance Company v. Bobby Brown; Mississippi Workers' Compensation Commission; LC Case #: 0711744-J-8902; Ruling Date: 05/02/2012; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by Eaton Corporation and Old Republic Insurance Company is denied. To Deny: All Justices. Order entered.

State of Mississippi v. Erik Wayne Hollie; Copiah Circuit Court; LC Case #: 2009-218CR; Ruling Date: 03/16/2010; Ruling Judge: Lamar Pickard; Disposition: Motion to Set Execution Date filed by the State of Mississippi is denied. Pursuant to Mississippi Code Section 99-19-105(1), the Circuit Court of Copiah County shall transmit the entire record and transcript in Case No. 2009-0218 & -219 CR to this Court, along with complying with the other requirements enumerated in that statutory subsection. After the record is received and docketed, a scheduling order for briefing and argument will be entered forthwith by this Court. This Court will conduct a sentence review on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence. To Deny: All Justices. Order entered.