02/25/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2009-KA-00625-SCT

Tyrone Finchis v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-058-CR2; Ruling Date: 12/09/2008; Ruling Judge: Charles Webster; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Count l: Conviction of shooting into a dwelling house and sentence of eight (8) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in Count l shall run consecutively to any and all sentences previously imposed. The sentence imposed in Count ll shall run concurrently with the sentence imposed in Count l. The sentence imposed in Count lll shall run consecutively and commence at the termination of the sentences imposed in Counts l and ll. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Fidelity & Deposit Company of Maryland v. Ralph McKnight & Son Construction, Inc., Tommy L. McKnight and Vonda L. McKnight; Attala Chancery Court; LC Case #: 2008-96; Ruling Date: 12/05/2008; Ruling Judge: Cynthia Brewer; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Jeffrey J. Jackson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2003-0106-CR2; Ruling Date: 12/05/2003; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by Jeffrey J. Jackson is denied. To Deny: All Justices. Order entered.

Darrius Eubanks v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-285; Ruling Date: 07/26/2005; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Darrius Eubanks is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered

Vernon Frazier v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-01205H-PC; Ruling Date: 06/27/2007; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by Vernon Frazier is denied. To Deny: All Justices. Order entered.

Sarah Lynn Hudspeth v. State of Mississippi; Kemper Circuit Court; LC Case #: 2007-CR-49; Ruling Date: 11/30/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by Sarah Lynn Hudspeth is denied. To Deny: All Justices. Order entered.

Kenneth L. Williams a/k/a Kenny Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 2006-137-CR; Ruling Date: 02/05/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed pro se by Kenneth L. Williams is denied. To Deny: All Justices. Order entered.

In The Matter of The Estate of Ollie M. Thomas, Deceased: John D. Thomas, Jr. v. Lynda Thomas Thoms, Carol Thomas Deady and Cathy Thomas May; Forrest Chancery Court; LC Case #: 99-0116-PR-D; Ruling Date: 02/14/2008; Ruling Judge: Sebe Dale, Jr.; Disposition: Petition for writ of certiorari filed by counsel for John D. Thomas, Jr., is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Dickinson, J. Order entered.

Steve Lacroix v. Marshall County Board of Supervisors, Eddie Dixon, Keith Taylor, Willie Flemon, George Zinn, Ronnie Joe Bennett, Marshall County Planning Commission, Conway Moore, Steve Wilson, Larry Hall, Kay Brownlee, C. W. "Chuck" Thomas and Susie Hill; Marshall Chancery Court; LC Case #: 07-0437-A; Ruling Date: 02/20/2008; Ruling Judge: John Hatcher; Disposition: Petition for writ of certiorari filed pro se by Steve LaCroix is denied. To Deny: All Justices. Order entered.

Harry Vinson v. Elizabeth Vinson Vidal; DeSoto Chancery Court; LC Case #: 04-08-131(MM); Ruling Date: 08/23/2007; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by Harry Vinson is denied. To Deny: All Justices. Order entered.

Relious Densmore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 634-07; Ruling Date: 05/23/2008; Ruling Judge: Lester Williamson, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Carlson, P.J., Randolph, Lamar and Pierce, JJ., would grant.

Wendell Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: CI2005-24; Ruling Date: 05/14/2008; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Wendell Duncan is denied. To Deny: All Justices. Order entered.

Margie Edna (Galloway) Mallett Wilson v. Byron Keith Mallett; DeSoto Chancery Court; LC Case #: 02-07-977(VC); Ruling Date: 07/02/2008; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by counsel for Margie Edna Galloway Mallett Wilson is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. Not Participating: Kitchens, J. Order entered.

Roger Collins, M.D. and Lefleur Family Medical Clinic v. Jeanne Holmes Hicks; Hinds Circuit Court 1st District; LC Case #: 251-02-1171-CIV; Ruling Date: 06/26/2008; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal and for Stay of Trial Court Proceedings filed by Roger Collins, M.D., and LeFleur Family Medical Clinic was granted by order of this Court on September 3, 2008. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the Petition for Interlocutory Appeal and for Stay of Trial Court Proceedings filed by Roger Collins, M.D., and LeFleur Family Medical Clinic is dismissed. All costs of the appeal are assessed to the petitioners. Waller, C.J., and Kitchens, J., not participating. Graves, P.J., for the Court. Order entered.

Judy White v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2008-0099CI; Ruling Date: 07/10/2008; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by the Mississippi Department of Corrections is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ. To Grant: Randolph and Chandler, JJ. Order entered.

Diane M. Gartrell, Lisa LeAnn Gartrell Aversrush and Jodey Jon Gartrell v. M. Kay Gartrell a/k/a Kay Gartrell Kirschner, Executrix of the Estate of Dorothy Bryan Gartrell; DeSoto Chancery Court; LC Case #: 03-01-0164; Ruling Date: 08/12/2008; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2008-CA-01495-SCT Estate of Dorothy Bryan Gartrell, Deceased, Diane M. Gartrell, Jodey Jon Gartrell and Lisa LeAnn Gartrell Aversrush v. M. Kay Gartrell a/k/a Kay Gartrell Kirschner; DeSoto Chancery Court; LC Case #: 03-01-0164(ML); Ruling Date: 08/12/2008; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Lamar, J., not participating.

Clark Sand Company, Inc., Clemco Industries Corporation, Pangborn Corporation, P. K. Lindsay Company, Southern Silica of Louisiana, Inc., Mississippi Valley Silica Company, Inc., and Pulmosan Safety Equipment Corporation v. Ruby C. Kelly a/k/a Ruby Kelley, Executrix of the Estate of David C. Bozeman, Deceased and on Behalf of all Wrongful Death Beneficiaries of David C. Bozeman, Deceased; Warren Circuit Court; LC Case #: 07,0076-CI; Ruling Date: 08/11/2008; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J.; Dickinson and Chandler, JJ., Join In Part. Dissenting Opinion: Dickinson, J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion. Dickinson and Chandler, JJ., Join This Opinion in Part.

Jon Kurrie Peterson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-08-129; Ruling Date: 07/23/2008; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by Jon Kurrie Peterson is denied. To Deny: All Justices. Order entered.

Estate of Dorothy Bryan Gartrell, Deceased, Diane M. Gartrell, Jodey Jon Gartrell and Lisa LeAnn Gartrell Aversrush v. M. Kay Gartrell a/k/a Kay Gartrell Kirschner; DeSoto Chancery Court; LC Case #: 03-01-0164(ML); Ruling Date: 08/12/2008; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2008-IA-01410-SCT Diane M. Gartrell, Lisa LeAnn Gartrell Aversrush and Jodey Jon Gartrell v. M. Kay Gartrell a/k/a Kay Gartrell Kirschner, Executrix of the Estate of Dorothy Bryan Gartrell; DeSoto Chancery Court; LC Case #: 03-01-0164; Ruling Date: 08/12/2008; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Lamar, J., not participating.

Don Sauvage and Gene Sauvage, Individually and as Personal Representatives of the Estate of Aranka Abadie Sauvage, Deceased v. Meadowcrest Living Center, LLC., Steve Yancovich, Administrator of Meadowcrest Living Center, LLC., Transition Health Services of Louisiana, LLC., Robert R. Bates, Corporate President of Transition Health Services of Louisiana, LLC., New Orleans Tours, Inc., and James E. Smith, Jr., Representative for New Orleans Tours, Inc., John Does 1-25; Hinds Circuit Court 2nd District; LC Case #: 2007-30; Ruling Date: 11/21/2008; Ruling Judge: William Coleman; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph and Pierce, JJ., Concur. Lamar, J., Concurs in Result Only. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Chandler, J. Kitchens, J., Dissents With Separate Written Opinion Joined by Waller, C.J.; Graves, P.J., Joins In Part. Specially Concurring Opinion: Dickinson, J. Votes: Chandler, J., Joins This Opinion. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., Joins This Opinion. Graves, P.J., Joins This Opinion in Part.