02/17/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2009-KA-00752-SCT

Larry Setzer v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2009-0103CD; Ruling Date: 04/07/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Kitchens, J. Disposition: Count I: Conviction of culpable negligence manslaughter and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of culpable negligence manslaughter and sentence of fifteen (15) years suspended, Affirmed. Count III: Conviction of DUI causing permanent bodily injury and sentence of ten (10) years to be served as post release supervision, with conditions, Affirmed. Sentences in Counts I and II shall run concurrently. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

The Lamar Companies v. COCAJO Trust, Clifton B. Clark, Sr., Trustor; Colin Ray Clark, Trustee for COCAJO Trust and Mary Clark; Harrison Chancery Court 1st District; LC Case #: C2401-04-02903-1; Ruling Date: 09/16/2009; Ruling Judge: James Persons; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Richard Earl Birkhead v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-327; Ruling Date: 03/08/2007; Ruling Judge: Margaret Carey-McCray; Disposition: Richard Earl Birkhead's motion for rehearing is denied. The previous majority opinion of this Court is withdrawn and this opinion is substituted therefor. Affirmed. Graves, P.J., and Kitchens, J., would grant.

Richard Earl Birkhead v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-327; Ruling Date: 03/08/2007; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for en banc consideration of the motion for rehearing, suspension of rules pursuant to MRAP 2(c), request for oral argument or, in the alternative, a final judgment from the Court's next en banc administrative meeting is denied in part and dismissed as moot in part. Order entered.

Richard Earl Birkhead v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-327; Ruling Date: 03/08/2007; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Randolph, J. Disposition: Richard Earl Birkhead's motion for rehearing is denied. The previous majority opinion of this Court is withdrawn and this opinion is substituted therefor. Conviction of capital murder and sentence of life imprisonment, without parole, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Washington County taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Waller, C.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 Graves, P.J. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Kitchens, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

The Mississippi Bar v. Walter W. Teel; Disposition: The motion for disbarment filed by the Mississippi Bar is granted. Walter W. Teel is hereby permanently disbarred from the practice of law in the State of Mississippi. Kitchens, J., not participating. Order of disbarment entered.

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

The Mississippi Bar v. Paul S. Minor; Disposition: The motion for disbarment filed by the Mississippi Bar is granted. Paul S. Minor is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The motion for permission to file or submit additional information is denied. Kitchens, J., not participating. Order of disbarment entered.

The Mississippi Bar v. Paul S. Minor; Disposition: The motion for disbarment filed by the Mississippi Bar is granted. Paul S. Minor is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The motion for permission to file or submit additional information is denied. Kitchens, J., not participating. Order of disbarment entered.

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

The Mississippi Bar v. John H. Whitfield; Disposition: The motion for disbarment filed by the Mississippi Bar is granted. John H. Whitfield is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. Kitchens, J., not participating. Order of disbarment entered.

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

Estate of Cynthia Gilkey Wallace, Deceased, by Louis M. Wallace v. Emad H. Mohamed, M.D., Bristol-Myers Squibb Co. and Sanofi-Synthelabo, Inc.; Lowndes Chancery Court; LC Case #: 2005-0178; Ruling Date: 06/23/2008; Ruling Judge: Kenneth Burns; Majority Opinion: Dickinson, J. Disposition: The judgment of the Court of Appeals is Reversed and the judgment of the Chancery Court of Lowndes County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion.

Julius Wesley Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2007-0256 (1); Ruling Date: 07/22/2008; Ruling Judge: Robert Krebs; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. George County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Ronnie E. Noblin, Henry C. Noblin, Jr., Thomas C. Noblin, Robbie Noblin, Nell Noblin Johnson, Diane Boykin and Joyce Miller v. Sammy Burgess and Sheila McDill, Co-Executors of the Last Will and Testament of Robert H. Noblin and Individually as Sole Devisees and Beneficiaries; Smith Circuit Court; LC Case #: 2007-130; Ruling Date: 06/27/2008; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Ronnie E. Noblin, et al., is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Randolph, J. Order entered.

John P. Mladineo and Sherry Mladineo v. Richard Earl Schmidt, Michael Felsher Insurance Agency and Nationwide Property & Casualty Insurance Company; Jackson Circuit Court; LC Case #: 2006-00,277(2); Ruling Date: 10/31/2008; Ruling Judge: Billy Bridges; Disposition: Motion for rehearing filed by Appellees is denied. Waller, C.J., Graves, P.J., Lamar and Kitchens, JJ., would grant.

Jeremy Winters v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: CR-2007-034; Ruling Date: 01/15/2008; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Jeremy Winters is denied. Graves, P.J., and Kitchens, J., would grant.

Randy Davis v. Patricia Walters; Tallahatchie Circuit Court 1st District; LC Case #: CV-2006-1-BT1; Ruling Date: 05/22/2008; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed by the Appellant was granted by order of this Court on December 9, 2010. The Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari is dismissed as improvidently granted. Lamar, J., not participating. Randolph, J., for the Court. Order entered.

The Lamar Companies v. COCAJO Trust, Clifton B. Clark, Sr., Trustor; Colin Ray Clark, Trustee for COCAJO Trust and Mary Clark; Harrison Chancery Court 1st District; LC Case #: C2401-04-02903-1; Ruling Date: 09/16/2009; Ruling Judge: James Persons; Disposition: Motion to strike exhibits A, B, C and O of reply brief of appellees filed by The Lamar Companies is granted. Order entered.

Ginny Watkins v. Mississippi Board of Nursing; Rankin Chancery Court; LC Case #: 65853; Ruling Date: 01/19/2010; Ruling Judge: John Grant, III; Disposition: Motion for rehearing filed by Ginny Watkins is denied. Graves. P.J., would grant.

John Fletcher, John McConnon and Tom Leader v. Diamondhead Incorporators; Hancock Chancery Court; LC Case #: C2301-08-618(4); Ruling Date: 01/07/2010; Ruling Judge: Billy Bridges; Disposition: It is therefore ordered, that the violations of M.R.A.P. 10(b)(5) by attorneys McCarty, McRae, Diaz and Bardwell in the context of this case were minor and require no further action. It is further ordered, that Kulick has violated the requirements of M.R.A.P. 10(b)(5) by failure "within 14 days of service of the clerk's notice of completion," to deliver the transcript to counsel opposite, and failure to append to the record a certificate, as required by the rule. For such failure, Kulick is hereby sanctioned the sum of $200.00, which shall be paid to the Clerk of the Supreme Court within thirty days of the date of this order. Graves, P.J., and Pierce, J., not participating. Order entered.

John Fletcher, John McConnon and Tom Leader v. Diamondhead Incorporators; Hancock Chancery Court; LC Case #: C2301-08-618(4); Ruling Date: 01/07/2010; Ruling Judge: Billy Bridges; Disposition: Motion for leave to amend brief of appellants filed by Will Bardwell is granted. Bardwell is withdrawn as counsel for appellants upon entry of this order. Order entered.

Mississippi Commission on Judicial Performance v. Larry Buffington; Ruling Date: 05/25/2010; Ruling Judge: H. Clark, II; Disposition: Joint Motion for approval of recommendations filed by the Mississippi Commission on Judicial Performance is granted. Waller, C.J., not participating. See opinion of this Court handed down this date at paragraph 11.

Mississippi Commission on Judicial Performance v. Larry Buffington; Ruling Date: 05/25/2010; Ruling Judge: H. Clark, II; Majority Opinion: Graves, P.J. Disposition: Larry Buffington, Chancery Court Judge of the Thirteenth District Chancery Court, shall be publicly reprimanded and assessed costs of $100. The Public Reprimand shall be read in open court by the presiding judge of the Covington County Circuit Court on the first day of the next term of that court in which a jury venire is present after this decision becomes final. Larry Buffington taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., not participating.