02/14/2013 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2007-CT-01795-SCT

Calvin Lee Robinson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2004-0073CICI; Ruling Date: 09/26/2007; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Calvin Lee Robinson is dismissed as untimely filed. Order entered.

University of Mississippi Medical Center v. Donnie Foster and Shirley Foster as Legal Guardians of the Minor Child, Malik R. Caldwell and on Behalf of the Wrongful Death Beneficiaries of Tamika Foster; Hinds Circuit Court 1st District; LC Case #: 251-07-142CIV; Ruling Date: 01/04/2010; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Hinds County Circuit Court is Reinstated and Affirmed. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Terry Pitchford v. State of Mississippi; Grenada Circuit Court; LC Case #: 2005-009-CR; Ruling Date: 06/24/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Pitchford's motion for leave to proceed in the trial court with his claim that he was entitled to a hearing on his competency to stand trial is granted. The remaining claims in the motion and the supplement to the motion filed by Terry Pitchford are denied. This matter is remanded to the Circuit Court of Grenada County, Mississippi and that court shall hold a hearing on whether Terry Pitchford was competent to stand trial. Counsel for Pitchford shall proceed with this matter in the trial court within 30 days of the date of this order. To Grant in Part and Deny in Part: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, P.J., and Lamar, J. Not Participating: King and Coleman, JJ. Dickinson, P.J., for the Court. Order entered.

John Barry Bowen v. Patricia Lynn (Curico) Bowen; DeSoto Chancery Court; LC Case #: 04-09-1491; Ruling Date: 05/04/2010; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by John Barry Bowen is denied. To Deny: All Justices. Order entered.

Illinois Central Gulf Railroad Company and the Estate of Arthur Irby v. Mary Travis, Individually and as Adminstratrix of the Estate of Michael Travis, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Michael Travis, Deceased; Holmes Circuit Court; LC Case #: 97-0321; Ruling Date: 12/22/2010; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by Mary Travis is denied. Kitchens, Chandler and King, JJ., would grant.

Holly Kathleen Jenkins McKnight v. Walter Calvin Jenkins; DeSoto Chancery Court; LC Case #: 03-06-0968; Ruling Date: 10/22/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the DeSoto County Chancery Court is Affirmed in Part; Vacated in Part; Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Jay McCalpin v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV10-0225-R-T; Ruling Date: 01/21/2011; Ruling Judge: James Roberts, Jr.; Majority Opinion: Lamar, J. Disposition: Dismissed. Tishomingo County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ., Concur. King, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and Chandler, JJ. Dissenting Opinion: King, J. Votes: Dickinson, P.J., Kitchens and Chandler, JJ., Join This Opinion.

Edward Daniels v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK-10-049; Ruling Date: 03/03/2011; Ruling Judge: Andrew Howorth; Majority Opinion: King, J. Disposition: Reversed and Remanded. Lafayette County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.

Danny McGleachie v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0228-CI; Ruling Date: 05/13/2011; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed pro se by Danny McGleachie is denied. To Deny: All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Tommy Carver; LC Case #: 2011-156; Ruling Date: 04/23/2012; Ruling Judge: H. Clark, II; Majority Opinion: Waller, C.J. Disposition: Hancock County Justice Court Judge Tommy Carver shall be publicly reprimanded in open court by the presiding judge of the Hancock County Circuit Court on the first day of the next term of that court in which a jury is present after the issuance of this Court's mandate, with Judge Carver in attendance. In addition, Judge Carver is assessed costs of $2,022.75. Justice Court Judge Tommy Carver taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Pierce and Coleman, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and King, JJ. Dissenting Opinion: Chandler, J. Votes: Dickinson, P.J., Kitchens and King, JJ., Join This Opinion.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Disposition: MPC's petition in Docket Number 2011-UN-0135 and the appeal thereof, is dismissed, with prejudice. Neither the claims filed by Thomas Blanton, nor this cross appeal, shall be dismissed at this time. All parties are ordered to file supplemental briefs with this Court addressing the following issues as set out in the order. The parties respective supplemental briefs shall not exceed forty pages each, and shall be filed within twenty days of the issuance of this order. Agree: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: Waller, C.J., and King, J. Order entered.