02/20/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2012-KA-01496-SCT

Ricky Franklin a/k/a Ricky Levert Franklin a/k/a Ricky L. Franklin v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 09-5-048; Ruling Date: 03/01/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Pierce, J. Disposition: Count III: Conviction of kidnapping and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of aggravated assault, Reversed and Remanded. Appellant is to be given credit for time served. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and Coleman, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion.

Martin L. Pierce v. Star L. Pierce; Harrison Chancery Court 2nd District; LC Case #: C2402-08-00038; Ruling Date: 08/24/2012; Ruling Judge: Carter Bise; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Annye C. Anderson, as Personal Representative and Legatee of the Estate of Carrie H. Thompson, Deceased; and Robert M. Harris, Legatee of the Estate of Carrie H. Thompson, Deceased v. Stephen C. LaVere, Delta Haze Corporation, a Nevada Corporation; Sony Music Entertainment, Inc., a Delaware Corporation, and Claud L. Johnson; Leflore Circuit Court; LC Case #: 20-0136CI; Ruling Date: 02/23/2012; Ruling Judge: W. Hines; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Kitchens, J., not participating.

Walter Tard v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0336; Ruling Date: 06/08/2009; Ruling Judge: Samac Richardson; Majority Opinion: King, J. Disposition: Reversed and Remanded. Madison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur.

Levi L. Jenkins a/k/a Levi Jenkins a/k/a Levi Leverne Jenkins v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2009-288P; Ruling Date: 04/14/2011; Ruling Judge: Anthony Mozingo; Disposition: Motion for rehearing filed by Levi L. Jenkins is denied. Opinion modified at paragraph 13. Waller, C.J., would deny only. Kitchens and King, JJ., would grant.

Isle of Capri Casino, Inc. and Riverboat Corporation of Mississippi-Vicksburg v. Silver Land, Inc.; Adams Circuit Court; LC Case #: 09-KV-0016; Ruling Date: 09/22/2011; Ruling Judge: Lillie Sanders; Disposition: Petition for writ of certiorari filed by Silver Land, Inc., is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Waller, C.J., Kitchens and King, JJ. Order entered.

Tommie Lee Jones a/k/a Ninnoe v. State of Mississippi; Yazoo Circuit Court; LC Case #: 29-1051; Ruling Date: 12/06/2011; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Tommie Lee Jones is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., and Pierce, J. Order entered.

Stacy Oliver Hester v. Lowndes County School District; Lowndes Chancery Court; LC Case #: 2010-0818; Ruling Date: 03/30/2012; Ruling Judge: Dorothy Colom; Consolidated with 2012-CT-00852-SCT Lowndes County School District v. Joseph Lynn Wright; Lowndes Chancery Court; LC Case #: 2010-0817-C; Ruling Date: 05/22/2012; Ruling Judge: Dorothy Colom; Disposition: Petition for writ of certiorari filed by Stacy Oliver Hester and Joseph Lynn Wright is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased; Lowndes Circuit Court; LC Case #: 2010-0011-CV1; Ruling Date: 03/21/2012; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by Lisa Younger Neese is denied.

Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell v. State of Mississippi; Marion Circuit Court; LC Case #: K10-0134P; Ruling Date: 03/17/2011; Ruling Judge: Anthony Mozingo; Disposition: Dexter L. Ezell a/k/a "Dex" a/k/a Dexter "Dex" L. Ezell a/k/a Dexter "Dex" Ezell a/k/a Dexter L. Ezell a/k/a Dexter Ezell's petition for writ of certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Nancy Downey a/k/a Nancy Pruitt Downey a/k/a "Cookie" v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-305-KR2; Ruling Date: 02/29/2012; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Nancy Downey is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. Order entered.

Lowndes County School District v. Joseph Lynn Wright; Lowndes Chancery Court; LC Case #: 2010-0817-C; Ruling Date: 05/22/2012; Ruling Judge: Dorothy Colom; Consolidated with 2012-CT-00619-SCT Stacy Oliver Hester v. Lowndes County School District; Lowndes Chancery Court; LC Case #: 2010-0818; Ruling Date: 03/30/2012; Ruling Judge: Dorothy Colom; Disposition: Petition for writ of certiorari filed by Stacy Oliver Hester and Joseph Lynn Wright is granted. To Grant: Waller, C.J., Dickinson, P.J., Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 05/22/2012; Ruling Judge: William Singletary; Consolidated with 2010-CA-00598-COA Sherley Adams, et al. v. Mississippi State Oil & Gas Board, U.S. Oil and Gas Association, Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation, Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation, Marathon Oil Company, Successor to TXO Production Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 03/11/2010; Ruling Judge: William Singletary; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., and Chandler, J. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Randolph, P.J., and Chandler, J., Join This Opinion.

Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers Sr. a/k/a Edward Dwanye Flowers Sr. a/k/a Edward Flowers v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0051-CI; Ruling Date: 06/20/2012; Ruling Judge: W. Hines; Disposition: Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers, Sr., a/k/a Edward Dwanye Flowers, Sr. a/k/a Edward Flowers's petition for writ of certiorari is dismissed as untimely. M.R.A.P. 17(b). Order entered.

The Mississippi Bar v. J. Allen Derivaux, Jr.; LC Case #: 2010-B-928; Ruling Date: 07/23/2012; Majority Opinion: Lamar, J. Disposition: J. Allen Derivaux, Jr., shall be suspended from the practice of law in the State of Mississippi for a period of two (2) years and must complete treatment prior to reinstatement. J. Allen Derivaux, Jr., taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Shauntell Summerall a/k/a Shauntell Maurice Summerall a/k/a Shauntell M. Summerall v. State of Mississippi; Forrest Circuit Court; LC Case #: CI11-0084; Ruling Date: 08/06/2012; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Shauntell Summerall is dismissed. M.R.A.P. 17(b). Order entered.

Entergy Mississippi, Inc. v. State of Mississippi; Madison Circuit Court; LC Case #: CI2012-0130-JE; Ruling Date: 09/06/2012; Ruling Judge: John Emfinger; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Mississippi Commission on Judicial Performance v. Chancery Court Judge Joe Dale Walker; LC Case #: 2013-085; Ruling Date: 12/19/2013; Ruling Judge: H. Clark, II; Disposition: Mississippi Commission on Judicial Performance's Petition for Interim Suspension of Chancery Court Judge Joe Dale Walker is granted. The Court, having carefully considered the multitude of pleadings, briefs, exhibits, and filings in connection therewith, does hereby find and adjudicate as follows: The request for oral argument is hereby denied, but without prejudice. Respondent's Motion for Continuance Where Counsel is Legislator is dismissed as moot. Chancery Court Judge Joe Dale Walker, is hereby suspended from the performance of the duties of his office, with pay, during the pendency of this inquiry before the Commission and before this Court. Such interim suspension is effective immediately and shall remain in effect pending further order of this Court. Order entered.