02/09/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2010-CA-00961-SCT

Louisiana Extended Care Centers, Inc., Legacy Health Care Services, Inc., Magnolia Management Corporation, the Estate of Roberta Lane, By and Through Alice Hayes, Administratrix, Georgia Smith, as Conservator for Eva Montgomery, Adams Community Care Center, LLC, Legacy Health Care Services, Inc., Louisiana Extended Care Centers, Inc., Legacy Care, Inc., Magnolia Management Corporation, John Stassi, David Stallard, Elton G. Beebe, Jr. and Edward E. Crow v. Mississippi Insurance Guaranty Association; Madison Circuit Court; LC Case #: CI-2005-0220-C; Ruling Date: 05/14/2010; Ruling Judge: Samac Richardson; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellants and Appellee taxed equally with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Arturo Aquirre Moreno v. State of Mississippi; Lamar Circuit Court; LC Case #: 2008-202H; Ruling Date: 11/10/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Vacated in Part; Affirmed in Part. The judgment of the Lamar County Circuit Court is Affirmed. Lamar County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Paul R. Cook v. The Home Depot and American Home Assurance Company; Rankin Circuit Court; LC Case #: 2009-099-R; Ruling Date: 08/20/2009; Ruling Judge: Samac Richardson; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Lamar and Pierce, JJ., Concur. Dickinson, P.J., Specially Concurs With Separate Written Opinion. Waller, C.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. King, J., not participating. Specially Concurring Opinion: Dickinson, P.J. Dissenting Opinion: Waller, C.J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Cedric D. Russell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-673-CR(Y); Ruling Date: 01/30/2009; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Cedric D. Russell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Pierce and King, JJ. To Grant: Dickinson, P.J., Kitchens and Chandler, JJ. Order entered.

John Johnson a/k/a John Edward Johnson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,118(1); Ruling Date: 01/14/2010; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by John Johnson is denied. To Deny: All Justices. Order entered.

Connie Lynn Armstead v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0279-CR; Ruling Date: 02/03/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Connie Lynn Armstead is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.

Donald McKeown, Individually and as Personal Representative of the Decedent, Janice McKeown, for and on Behalf of all Wrongful Death Beneficiaries and as Administrator of the Estate of Janice McKeown, Deceased v. Robert V. Pitcock, M.D.; Union Circuit Court; LC Case #: U-2005-302; Ruling Date: 03/24/2010; Ruling Judge: Robert Elliott; Disposition: Petition for writ of certiorari filed by Donald McKeown is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.

Diana Kinsey, on Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased v. Pangborn Corporation; Ash Grove Cement Company; Precision Packaging, Inc.; Clark Sand Company, Inc.; Clemco Industries Corporation; Hanson Aggregates, Inc.; Humble Sand & Gravel, Inc.; Parmelee Industries, Inc.; Southern Silica of Louisiana, Inc.; Mine Safety Appliances Company (MSA); Empire Abrasive Equipment Corporation; Pearl Sands, Inc.; Pearl Specialty Sands, Inc.; Specialty Sand Company; Bob Schmidt, Inc.; Schmidt Manufacturing, Inc.; Lone Star Industries, Inc.; and American Optical Corporation; Harrison Circuit Court 1st District; LC Case #: A2401-07-151; Ruling Date: 05/17/2010; Ruling Judge: Roger Clark; Disposition: Motion for rehearing filed by Diana Kinsey, on Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased is denied.

Louisiana Extended Care Centers, Inc., Legacy Health Care Services, Inc., Magnolia Management Corporation, the Estate of Roberta Lane, By and Through Alice Hayes, Administratrix, Georgia Smith, as Conservator for Eva Montgomery, Adams Community Care Center, LLC, Legacy Health Care Services, Inc., Louisiana Extended Care Centers, Inc., Legacy Care, Inc., Magnolia Management Corporation, John Stassi, David Stallard, Elton G. Beebe, Jr. and Edward E. Crow v. Mississippi Insurance Guaranty Association; Madison Circuit Court; LC Case #: CI-2005-0220-C; Ruling Date: 05/14/2010; Ruling Judge: Samac Richardson; Disposition: Motion to Withdraw as Counsel filed by Michael J. Fuller is denied. Order entered.

Roger Patterson v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2008-057; Ruling Date: 08/11/2010; Ruling Judge: Robert Elliott; Disposition: Petition for writ of certiorari filed by Roger Patterson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Kitchens, J. Order entered.

Robert L. McClatchy, III v. Brotherhood's Relief & Compensation Fund; Adams Circuit Court; LC Case #: 08-KV-0005-J; Ruling Date: 07/30/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Robert L. McClatchy, III is denied. To Deny: All Justices. Order entered.

Joseph Michael Upchurch v. City of Moss Point, a Body Politic and Its Civil Service Commission; Jackson Circuit Court; LC Case #: 2010-00168(1); Ruling Date: 01/11/2011; Ruling Judge: Robert Krebs; Disposition: Joint Motion to Dismiss Appeal and Motion to Cancel Oral Argument are granted. The instant appeal is dismissed without prejudice, with each party bearing its respective costs of appeal. The oral argument currently set for February 6, 2012 is cancelled. All other pending motions and requests for relief in this cause are dismissed as moot. Waller, C.J., for the Court. Order entered.

Joseph Michael Upchurch v. City of Moss Point, a Body Politic and Its Civil Service Commission; Jackson Circuit Court; LC Case #: 2010-00168(1); Ruling Date: 01/11/2011; Ruling Judge: Robert Krebs; Disposition: Joint Motion to Dismiss Appeal and Motion to Cancel Oral Argument are granted. The instant appeal is dismissed without prejudice, with each party bearing its respective costs of appeal. The oral argument currently set for February 6, 2012 is cancelled. All other pending motions and requests for relief in this cause are dismissed as moot. Waller, C.J., for the Court. Order entered.

Danny Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2001-265-KR2; Ruling Date: 01/24/2006; Ruling Judge: Billy Landrum; Disposition: Motion for Rehearing filed by counsel for Danny Jones is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ. To Grant: Kitchens, J. Not Participating: Chandler, J. Order entered.

Clayton Trammell v. State of Mississippi; Warren Circuit Court; LC Case #: 07,351 CRV(3); Ruling Date: 01/22/2009; Ruling Judge: M. Chaney, Jr.; Disposition: Petition for Post-Conviction Relief filed by Clayton Trammell is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Alphonso Hayden v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-645-CR1; Ruling Date: 05/15/2006; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for Out of Time Appeal and for Leave to Proceed in the Trial Court filed by Alphonso Hayden is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.