02/05/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2013-KA-01742-SCT

Marvin Kirk v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-0188; Ruling Date: 10/09/2013; Ruling Judge: William Chapman, III; Majority Opinion: Kitchens, J. Disposition: Conviction of aggravated domestic violence and sentence of twenty (20) years, as a non-violent habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall not be reduced or suspended; nor shall the Appellant be eligible for parole, probation or any other form of early release. Upon release, within ninety (90) days, the Appellant shall pay court costs, fees and assessments in the amount of $898.50. All time served in pre-trial detainment relating to this charge shall be credited against this sentence. Madison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Terry Hye, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 08-11,329(3); Ruling Date: 03/05/2010; Ruling Judge: Dale Harkey; Majority Opinion: Pierce, J. Disposition: Conviction of capital murder, affirmed. Sentence of life without parole in the custody of the Mississippi Department of Corrections is vacated, and this case is remanded to the Jackson County Circuit Court for resentencing. Jackson County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ., Concur. Chandler, J., Concurs in Part and in Result with Separate Written Opinion Joined In Part by Kitchens, J. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Chandler, J., Joins This Opinion in Part. Concurring in Part and in Result Opinion: Chandler, J. Votes: Kitchens, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion. Chandler, J., Joins This Opinion In Part.

Rhoda Cofield v. Imperial Palace of Mississippi, LLC ; Harrison Circuit Court 2nd District; LC Case #: A2402-2010-10; Ruling Date: 11/30/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The appeal is dismissed with prejudice, with the parties to bear their own costs. To Grant: All Justices. Order entered.

Edmond K. Brown, Jr. a/k/a Edmund Brown, Jr. a/k/a Edmond K. Brown a/k/a Edmond Brown v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2008-0229-K; Ruling Date: 01/03/2013; Ruling Judge: W. Hines; Disposition: The Petition for Writ of Certiorari filed pro se by Edmond K. Brown, Jr., is denied. To Deny: All Justices. Order entered.

Cleveland MHC, LLC v. City of Richland, Mississippi and Mayor & Board of Aldermen of the City of Richland; Rankin Circuit Court; LC Case #: 2011-192; Ruling Date: 01/28/2013; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by the City of Richland, Mississippi and Mayor & Board of Aldermen of the City of Richland is granted. To Grant: Waller, C.J., Pierce, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens and Chandler, JJ. Order entered.

Michael Deon Taylor a/k/a Michael D. Taylor a/k/a Michael Taylor v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0007; Ruling Date: 09/21/2012; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by Michael Deon Taylor is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Columbus Cheer Company v. City of Columbus, Mississippi, Mayor Robert Smith, Sr., Columbus Municipal School District, Dr. Del Phillips, Dr. Martha Liddell, Tommy Prude, Alma Turner, Currie Fisher, Bruce Hanson and Glenn Lautzenhiser; Lowndes Circuit Court; LC Case #: 2012-0107-CV1K; Ruling Date: 03/14/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The Motion for Rehearing filed by the Appellant is denied.

Daniel Wayne Byers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-12-146; Ruling Date: 02/07/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Daniel Wayne Byers is denied. To Deny: All Justices. Waller, C.J., not participating. Order entered.

Jeffery Ramer a/k/a Jeffrey Ramer v. State of Mississippi; Tippah Circuit Court; LC Case #: TK-2011-118; Ruling Date: 03/11/2013; Ruling Judge: Robert Elliott; Disposition: The Petition for Writ of Certiorari filed by Jeffery Ramer is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: King, J. Order entered.

Timothy Lee Carr v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-26-CV4; Ruling Date: 05/23/2013; Ruling Judge: Billy Landrum; Disposition: The Petition for Writ of Certiorari filed by Timothy Lee Carr, pro se, is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

In the Matter of The Committee on Professional Responsibility of the Mississippi Bar: James R. (Jay) Foster v. Morris Bart and Morris Bart, Ltd.; LC Case #: 11-443-2; Disposition: The Petition for Right to Sue filed by James R. Foster is denied. To Deny: All Justices. Order entered.