02/19/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2007-KA-01539-SCT

Cora Ann Turner v. State of Mississippi; Warren Circuit Court; LC Case #: 06,0186-CRV; Ruling Date: 07/31/2007; Ruling Judge: Frank Vollor; Majority Opinion: Lamar, J. Disposition: Conviction of the sale of cocaine and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Warren County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Lee Darreln Nix v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-06-082; Ruling Date: 01/10/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of touching of a child for lustful purposes and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of kidnapping and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I and II shall run consecutively. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Jeffrey Holman v. State of Mississippi; Attala Circuit Court; LC Case #: 2008-0036(A)-CR; Ruling Date: 03/06/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Graves, P.J. Disposition: Per Curiam Affirmance. Conviction of armed robbery and sentence of twenty-two (22) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Attala County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Chandler, J., not participating.

Richard Marshall v. Burger King, Sydran and The Worley Companies; Warren Circuit Court; LC Case #: 05,0061-CI; Ruling Date: 01/22/2007; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by counsel for Richard Marshall is hereby dismissed as untimely. Order entered.

Alvin Robinson v. Hill City Oil Co., Inc. d/b/a Jubilee Chevron and Mahalie Nelson; Hinds Circuit Court 2nd District; LC Case #: 2004-70; Ruling Date: 12/29/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Alvin Robinson is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Diane Evans v. Bonnie Hodge; Hinds Circuit Court 1st District; LC Case #: 251-01-740; Ruling Date: 03/06/2006; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Bonnie Hodge is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. 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: Conviction of capital murder and sentence of life imprisonment without parole, as an habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Kitchens, J. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J.; Dickinson, J., Joins In Part. Dissenting Opinion: Dickinson, J. Votes: Kitchens, J., Joins This Opinion. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion. Dickinson, J., Joins This Opinion in Part.

Dennis Darnell Howard v. State of Mississippi; Attala Circuit Court; LC Case #: 2006-0039; Ruling Date: 03/12/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed pro se by Dennis Darnell Howard is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Scott Oliver Caldwell v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-641; Ruling Date: 03/02/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Graves, P.J. Disposition: Conviction of sexual battery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended, and post-release supervision for a period of five (5) years, with conditions, Affirmed. Lee County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Ameristar Casino-Vicksburg and Legion Insurance Company, Employer and Carrier v. James Rawls; Warren Circuit Court; LC Case #: 06,0105CI; Ruling Date: 06/13/2007; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by counsel for Ameristar Casino-Vicksburg and Legion Insurance Company is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar and Kitchens, JJ. To Grant: Dickinson and Pierce, JJ. Not Participating: Chandler, J. Order entered.

American Family Life Assurance of Columbus v. Virgil Ellison; Smith Circuit Court; LC Case #: 2006-384-B; Ruling Date: 08/28/2007; Ruling Judge: Robert Evans; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ., Concur. Graves, P.J., Specially Concurs With Separate Written Opinion. Randolph, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Specially Concurring Opinion: Graves, P.J. Dissenting Opinion: Randolph, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Gus Wilkins, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-520-CR1; Ruling Date: 09/06/2007; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed pro se by appellant is denied.

David Welde v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR06-093; Ruling Date: 08/02/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of capital murder and sentence of life imprisonment, without the possibility of parole, in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of conspiracy to commit murder and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Sentence in Count II shall run consecutively with any sentence previously imposed. Itawamba County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

In Re: Sylvania Brown v. Quick-N-Easy Grocery, Inc.; Madison County Court; LC Case #: 2006-53; Ruling Judge: William Agin; Disposition: Application for a writ of mandamus filed by Quick-N-Easy Grocery, Inc., is granted. Judge William Agin is hereby ordered to immediately reassign Brown v. Quick-N-Easy Grocery, Inc., et al., Madison County Court No. 2006-53, to Judge Edwin Y. Hannan. Judge Hannan shall enter his decision on Quick-N-Easy's motion for summary judgment as expeditiously as possible. Agree: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Disagree: Dickinson, J. Order entered.

Mississippi Commission on Judicial Performance v. County Court Judge William Agin; Disposition: On the Court's own motion, the Petition for Interim Suspension of County Court Judge William Agin filed by the Mississippi Commission on Judicial Performance is remanded to the Commission for a show cause hearing to further explore, at a minimum, the matters more fully set out in the order concerning (1) Judge Agin's statement regarding ongoing treatment for a life threatening condition; (2) the current status of Judge Agin's docket; and (3) Judge Agin's ability to conduct his duties in light of his life threatening conditions(s) and or treatment(s). The show cause hearing shall take place within thirty (30) days of the entry of this order at a location to be determined by the Commission. The Commission shall supplement its Petition for Interim Suspension of County Court Judge William Agin within seven (7) days following the show cause hearing. Judge Agin shall file his response within seven (7) days after the Commission files its supplemental petition. Agreed: All Justices. Order entered.