02/03/2011 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99018-SCT

In Re: Rules of Professional Conduct; Disposition: On the Court's own motion, the recommendation of the Mississippi Access to Justice Commission to amend the Rules of Professional Conduct is approved. Rules 1.1, 1.2, and 1.16 are amended as set forth in Exhibit "A". Further, Rule 6.5 is adopted as set forth in Exhibit "A". These amendments are effective on July 1, 2011. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Third Series (Mississippi Edition) and the Mississippi Rules of Court. This order is to correct the previous order entered on January 27, 2011. Order entered.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078 ; Ruling Date: 01/27/1993; Ruling Judge: James Sumner; Disposition: Motion to reset execution date and amended motion to reset execution date filed by the State of Mississippi are denied. Randolph, Chandler and Pierce, JJ., would grant. Order entered.

Ronregus Flowers v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-126; Ruling Date: 12/03/2007; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Waller, C.J., Lamar and Pierce, JJ., would grant.

Harvey Williams, Jr. a/k/a Smokie v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-969; Ruling Date: 04/06/2007; Ruling Judge: L. Hilburn; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens and Chandler, JJ., Concur. Lamar, J., Concurs in Result Only.

Drake L. Lewis v. Tonia D. Lewis; Harrison Chancery Court 2nd District; LC Case #: C2402-06-00747(4); Ruling Date: 07/11/2008; Ruling Judge: Carter Bise; Majority Opinion: Randolph, J. Disposition: The judgments of the Court of Appeals and the Chancery Court of Harrison County are Affirmed in Part and Reversed in Part. This case is remanded to the Chancery Court for further proceedings consistent with this opinion. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Lamar and Chandler, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Pierce, J., not participating. Dissenting Opinion: Kitchens, J. Concurring in Part and Dissenting in Part Opinion: Dickinson, J.

Paw Paw Island Land Co., Inc., and Warren County, Mississippi v. Issaquena and Warren Counties Land Co., LLC; Warren Chancery Court; LC Case #: 2003-179GN; Ruling Date: 09/12/2008; Ruling Judge: Vicki Barnes; Disposition: Motion for leave to file an amicus brief and brief satisfying requirements of MRAP 29(a) with attached brief is denied. Order entered.

Paw Paw Island Land Co., Inc., and Warren County, Mississippi v. Issaquena and Warren Counties Land Co., LLC; Warren Chancery Court; LC Case #: 2003-179GN; Ruling Date: 09/12/2008; Ruling Judge: Vicki Barnes; Disposition: Motion for rehearing filed by Paw Paw Island Land Co., is denied.

Paw Paw Island Land Co., Inc., and Warren County, Mississippi v. Issaquena and Warren Counties Land Co., LLC; Warren Chancery Court; LC Case #: 2003-179GN; Ruling Date: 09/12/2008; Ruling Judge: Vicki Barnes; Disposition: Motion for rehearing filed by Warren County is denied.

Michael W. Pruitt v. State of Mississippi; Marshall Circuit Court; LC Case #: CV08-254; Ruling Date: 09/22/2008; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed pro se by Michael W. Pruitt is denied. To Deny: All Justices. Order entered.

Brian E. Wikel v. Bethany J. Wikel Miller; Oktibbeha Chancery Court; LC Case #: 2004-0496; Ruling Date: 12/02/2008; Ruling Judge: Kenneth Burns; Disposition: Petition for writ of certiorari filed by Brian E. Wikel is denied. To Deny: All Justices. Order entered.

Leonard Dougalewicz v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-738; Ruling Date: 03/08/2006; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Leonard Dougalewicz, pro se, is denied. To Deny: All Justices. Order entered.

Charles B. Graves, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2009-0082; Ruling Date: 03/12/2009; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson and Randolph, JJ. To Deny: Graves, P.J., Lamar, Kitchens, Chandler and Pierce, JJ. Order entered.

Janis Anderson, Individually, and on Behalf of all Wrongful Death Beneficiaries of Jesse J. Anderson, Jr., Deceased v. ALPS Automotive, Inc.; Lincoln Circuit Court; LC Case #: 2006-052LT; Ruling Date: 05/29/2009; Ruling Judge: Michael Taylor; Disposition: Motion for rehearing filed by Janis Anderson is denied.

Kevin Berry v. Ora L. Patten, as Next Friend of Bianca Patten, Shadarryl Hardnett and Mariah Patten; Lafayette Circuit Court; LC Case #: L02-138; Ruling Date: 04/06/2009; Ruling Judge: Henry Lackey; Disposition: Motion for rehearing filed by Ora L. Patten is denied.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for leave to file successive petition for post-conviction relief is granted in part and denied in part. See opinion of this Court handed down this date.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlson, P.J. Disposition: Motion for leave to file successive petition for post-conviction relief is Granted in Part and Denied in Part. This case is remanded to the Circuit Court of Grenada County for further proceedings consistent with this opinion. Grenada County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Lamar and Kitchens, JJ., Concur. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Chandler and Pierce, JJ. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Chandler and Pierce, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Randolph and Pierce, JJ., Join This Opinion.