02/02/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2010-IA-01005-SCT

Lone Star Industries, Inc., Specialty Sand Company, Pearl Sands Inc., Pearl Specialty Sands, Inc. and Dependable Abrasives, Inc. v. Charles Larry McGraw and Nikki McGraw; Claiborne Circuit Court; LC Case #: 2009-25; Ruling Date: 06/01/2010; Ruling Judge: Lamar Pickard; Majority Opinion: Chandler, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. King, J., Concurs in Part Without Separate Written Opinion. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by King, J. Dickinson, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Fredrick Watts v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 484-08; Ruling Date: 02/18/2010; Ruling Judge: Robert Bailey; Majority Opinion: Kitchens, J. Disposition: Conviction of felony fleeing or eluding law enforcement officer in a motor vehicle and sentence of five (5) years in the custody of the Mississippi Department of Corrections with two (2) years suspended and three (3) years post-release supervision, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler, Pierce and King, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion.

Damien Anderson a/k/a Damien Wise v. State of Mississippi; Holmes Circuit Court; LC Case #: 09-12246; Ruling Date: 05/11/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Carlson, P.J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Holmes County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of Edwin Hart Turner shall take place on February 8, 2012 in the manner provided by law. This order shall serve as the warrant of execution for Edwin Hart Turner. Kitchens and King, JJ., would deny. Order entered.

Pursue Energy Corporation v. Nancy Carol Garrett Abernathy, Nancy G. Abernathy, Anne M. Ballantyne, Stephen P. Ballantyne, Black Warrior Minerals, Inc., Erma Boyd, John L. Burwell, Jr., John L. Burwell, Jr. Children's Trust, Laura Jean Garrett Butler, Mark C. Butler, Ralph C. Butler, Barbara Ann White O'Connell Byrd Trust, Doris F. Callender, Mary Mortimer Campbell Children's Trust #2, Chainco, Inc., Homer Cummings, Sid Davis, Marie I. Fairchild LIT, Marie I. Fairchild Trust, W.R. Fairchild Construction, W.R. Fairchild Construction, LLC, Wiley Fairchild, Harrison S. Ford, Gary Darwin Garrett, Georgia L. Jenkins Glisson, Barbara Ann Cooper Haley, Erin Hargroder, Chris Hemeter Life Estate, W. D. Hilton, Carroll Ingram, Mary C. Jenkins, Velma R. Jenkins, Janet White Johnston, James T. Kendall, W. Baldwin Lloyd, A. W. Magruder, A. W. Magruder, Jr., J.D. Mashburn and Wife, James D. Mashburn, Marie McKay Mashburn, Edwin D. Moore, Glenn G. Mortimer, Glenn G. Mortimer, Jr. L/E, Mortimer Group, Piney Woods School, Robert S. Pirtle, Lottie Dent Potter, Mary Helen Garrett Shealy, R. H. Sims, Jr., Rudy H. Sims, Jr. and Larry A. Sims, James B. Sykes, Jr., Barbara Walters Thompson, MD, Grady Hamilton Vaughn, Miriam H. Whitsett and Wirt A. Yerger; Simpson Chancery Court; LC Case #: 2000-0525; Ruling Date: 10/01/2009; Ruling Judge: J. Buffington; Disposition: Motion for rehearing filed by Pursue Energy Corporation is denied.

In the Matter of the Petition of William Smith and Wife Sarah Smith for the Adoption of Jason Wells, a Minor Child: Tara Wells v. William Smith and Sarah Smith; Tippah Chancery Court; LC Case #: 2008-160-A; Ruling Date: 10/30/2009; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by William and Sarah Smith is granted. To Grant: Waller, C.J., Randolph, Lamar and Pierce, JJ. To Deny: Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. Order entered.

Connie Mack Douglas and Charlene T. Douglas v. Denbury Onshore, LLC; Lincoln Chancery Court; LC Case #: 2009-0178; Ruling Date: 02/22/2010; Ruling Judge: Edward Patten, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Connie Mack Douglas and Charlene T. Douglas is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Waller, C.J., and King, J. Order entered.

Chuck Wood v. Jason Chad Cooley; Lee Circuit Court; LC Case #: CV06-199(R)L; Ruling Date: 09/18/2009; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by Chuck Wood is denied. To Deny: All Justices. Order entered.

Jerry Herring v. State of Mississippi; Newton Circuit Court; LC Case #: 09-CR-014-NW-G; Ruling Date: 08/11/2009; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by Jerry Wayne Herring is denied.

Mignon Willis v. Rehab Solutions, PLLC; Lee Circuit Court; LC Case #: CV08-054(R)L; Ruling Date: 05/24/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Chandler and King, JJ., Concur. Lamar, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlson, P.J., and Kitchens, J. Concurring in Part and Dissenting in Part Opinion: Lamar, J. Votes: Carlson, P.J., and Kitchens, J., Join This Opinion.

Jamar Amin Moore v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0140; Ruling Date: 07/27/2009; Ruling Judge: Charles Webster; Disposition: Motion for Reconsideration of the Application for Leave to File a Motion for Post-Conviction Relief filed by Jamar Amin Moore is granted. Moore's Application for Leave to File a Motion for Post-Conviction Relief is granted and the trial court is ordered to conduct a hearing. Counsel for Moore shall have 30 days from the entry of this order to file the motion for post-conviction relief in the trial court. To Grant: All Justices. Order entered.

The Mississippi Bar v. Brandon Leigh Galloway; Disposition: Brandon Leigh Galloway is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Dickinson, P.J., not participating. Order entered.

The Mississippi Bar v. Brandon Leigh Galloway; Majority Opinion: Pierce, J. Disposition: Brandon Leigh Galloway is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Brandon Leigh Galloway taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur. Dickinson, P.J., not participating.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Successive Application for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by Edwin Hart Turner is dismissed in part and denied in part. Kitchens and King, JJ., would grant. Randolph, J., for the Court. Order entered.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Motion for Expert Access to Petitioner for Testing for Successive Petition for Post-Conviction Relief and for Petition for Executive Clemency is dismissed without prejudice in part and denied in part. Kitchens and King, JJ., would grant. Order entered.

In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, and Aaron Brown; Hinds Circuit Court 1st District; LC Case #: 251-12-00033CIV; Ruling Date: 01/24/2012; Ruling Judge: Tomie Green; Disposition: Petition of Charles Hooker, David Gatlin, Nathan Kern and Anthony McCray for Permission to Appeal Interlocutory Orders, the Request for Immediate Stay and Order for Release From Custody filed by Kirby Tate, the Petition of Katherine Robertson For Writ of Prohibition and/or Mandamus and Emergency Stay and the Petition of Aaron Brown for Writ of Prohibition and/or Mandamus and Emergency Stay, now considered petitions for interlocutory appeal, are hereby granted; the record and the transcript of all proceedings shall be filed with the Clerk of this Court on or before Tuesday, February 7, 2012; the parties shall file with the Clerk and serve the original and nine copies of simultaneous briefs and record excerpts by 1:00 P.M., on Tuesday, February 7, 2012; there will be no reply brief; and, upon entry of this order, the Clerk of this Court shall give all counsel, the trial court clerk and the court reporter notice by telephone of the entry of this order. The parties are further ordered to appear for oral argument on Thursday, February 9, 2012 at 9:00 A.M. All proceedings in the case styled "Jim Hood, Attorney General for the State of Mississippi, ex rel, the State of Mississippi v. Christopher Epps, in his Official Capacity as Commissioner of the Mississippi Department of Corrections; Nathan Kern; David Gatlin; Aaron Brown; Joshua L. Howard; Azikiwe Kambule; and John or Jane Does 1-200," Cause No. 251-12-00033 in the Circuit Court of Hinds County, Mississippi First Judicial District, are hereby stayed until further order of this Court. The Order Extending Temporary Restraining Order entered by the Circuit Court of Hinds County on January 26, 2012 shall remain in effect until further order of this Court. To Grant: All Justices. Order entered.

In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, and Aaron Brown; Hinds Circuit Court 1st District; LC Case #: 251-12-00033CIV; Ruling Date: 01/24/2012; Ruling Judge: Tomie Green; Disposition: Petition of Charles Hooker, David Gatlin, Nathan Kern and Anthony McCray for Permission to Appeal Interlocutory Orders, the Request for Immediate Stay and Order for Release From Custody filed by Kirby Tate, the Petition of Katherine Robertson For Writ of Prohibition and/or Mandamus and Emergency Stay and the Petition of Aaron Brown for Writ of Prohibition and/or Mandamus and Emergency Stay, now considered petitions for interlocutory appeal, are hereby granted; the record and the transcript of all proceedings shall be filed with the Clerk of this Court on or before Tuesday, February 7, 2012; the parties shall file with the Clerk and serve the original and nine copies of simultaneous briefs and record excerpts by 1:00 P.M., on Tuesday, February 7, 2012; there will be no reply brief; and, upon entry of this order, the Clerk of this Court shall give all counsel, the trial court clerk and the court reporter notice by telephone of the entry of this order. The parties are further ordered to appear for oral argument on Thursday, February 9, 2012 at 9:00 A.M. All proceedings in the case styled "Jim Hood, Attorney General for the State of Mississippi, ex rel, the State of Mississippi v. Christopher Epps, in his Official Capacity as Commissioner of the Mississippi Department of Corrections; Nathan Kern; David Gatlin; Aaron Brown; Joshua L. Howard; Azikiwe Kambule; and John or Jane Does 1-200," Cause No. 251-12-00033 in the Circuit Court of Hinds County, Mississippi First Judicial District, are hereby stayed until further order of this Court. The Order Extending Temporary Restraining Order entered by the Circuit Court of Hinds County on January 26, 2012 shall remain in effect until further order of this Court. To Grant: All Justices. Order entered.