02/28/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2011-CA-00610-SCT

Bailey Brake Farms, Inc. v. George Calvin Trout and Ron Nassar; Lafayette Chancery Court; LC Case #: 02-42G; Ruling Date: 03/22/2011; Ruling Judge: Billy Bridges; Majority Opinion: Kitchens, J. Disposition: On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Dismissed as Moot. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., not participating.

Willie Jerome Manning a/k/a Fly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13086; Ruling Date: 07/30/1996; Ruling Judge: John Montgomery; Disposition: On the Court's own motion, the Circuit Court of Oktibbeha County shall file a response within sixty days of entry of this order addressing why the pending motion for post-conviction relief has not been adjudicated. The Clerk of this Court shall forward copies of this order to the Clerk of the Circuit Court of Oktibbeha County, the Office of Capital Post-Conviction Counsel, the Mississippi State Attorney General and to all other attorneys of record. Agree: All Justices. Order entered.

Nancy Clark, Individually and as Administratrix of the Estate of Shenandoah H. Clark, Deceased and Christie Clark v. Toyota Motor Sales U.S.A., Inc., Toyota Motor Co. Ltd., Toyota Motor Corporation, Toyota Motor Distributors, Inc. and Roper Toyota, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-1486CIV; Ruling Date: 10/21/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for Appellants was granted by order of this Court on September 6, 2012. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Agree: Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. Chandler, J., Objects to the Order With Separate Written Statement joined by Kitchens, J. Waller, C.J., not participating. Randolph, P.J., for the Court. Order entered.

Christopher R. Smith a/k/a Chris Smith/Christopher Anderson a/k/a Christopher Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-031; Ruling Date: 06/25/2009; Ruling Judge: L. Hilburn; Disposition: Petition for writ of certiorari filed by Christopher R. Smith is denied. To Deny: All Justices. Order entered.

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2007-25; Ruling Date: 11/03/2009; Ruling Judge: Roger Clark; Majority Opinion: Kitchens, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Harrison County Circuit Court, First Judicial District, is Reversed in Part, Rendered in Part and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., not participating.

Gerald Heath Hudson and Arthur Gerald Hudson v. WLOX, Inc.; Harrison Circuit Court 2nd District; LC Case #: A-2402-06-212; Ruling Date: 10/20/2009; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by Gerald Hudson and Arthur Hudson 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.

William Antonio Avery a/k/a William A. Avery a/k/a William Ken Avery a/k/a William A. "Ken" Avery a/k/a Ken v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 439-10; Ruling Date: 10/13/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by William Antonio Avery is granted. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Honda Downs and Robert Downs v. Peter L. Ackerman; Jackson Circuit Court; LC Case #: 2009-00116(1); Ruling Date: 10/21/2010; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Peter L. Ackerman is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

Wendell Duncan a/k/a Wendell Avery Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: 2005-24; Ruling Date: 02/08/2011; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Wendell Duncan, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. Not Participating: King, J. Order entered.

Eddie E. Douglas and Yazoo Valley Electric Power Association v. James A. Burley, Parent/Guardian and Next Friend of Joshua Hill, deceased, Jakura Hill, deceased, and Earnestine Hill, as Administrator of The Estate of and on Behalf of all Wrongful Death Beneficiaries of Francesca Hill, deceased; Yazoo Circuit Court; LC Case #: 2004-C146; Ruling Date: 03/18/2011; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by Appellees is denied. Kitchens, Chandler, Pierce and King, JJ., would grant.

Cynthia Dominick v. State of Mississippi; Rankin Circuit Court; LC Case #: 22,463; Ruling Date: 04/15/2011; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Cynthia Dominick is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and Chandler, JJ. Order entered.

Jeffrey Parkman a/k/a Jeffrey D. Parkman v. State of Mississippi; Rankin Circuit Court; LC Case #: 22540; Ruling Date: 05/05/2011; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by Jeffrey Parkman is denied. To Deny: All Justices. Order entered.

Ronald Gene Johnston a/k/a Ronald G. Garrett a/k/a Ronald G. Johnston v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2011-0036-CV1 C; Ruling Date: 05/26/2011; Ruling Judge: Lee Coleman; Disposition: Petition for writ of certiorari filed pro se by Ronald Gene Johnston 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.

Nathan Sellers a/k/a Nathan P. Sellers v. State of Mississippi; Rankin Circuit Court; LC Case #: 18403; Ruling Date: 02/25/2008; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Nathan Sellers is denied. To Deny: All Justices. Order entered.

Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-94-201-BD; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Disposition: Motion for Clarification filed by Sherwood Brown is granted. A corrected en banc order removing any reference to an "accomplice" theory will be entered forthwith. Order entered.

Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-94-201-BD; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Disposition: Request for Post-Conviction DNA Testing filed by counsel for Sherwood Brown is granted. Brown is granted leave to file his motion in the DeSoto County Circuit Court. The motion shall be filed within thirty (30) days of the entry of this order. The circuit court shall order the testing of any biological evidence still in existence. This order is to correct the order entered on December 6, 2012. To Grant: All Justices. Order entered.

Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.; Monroe Chancery Court; LC Case #: CV-2008-000627-TDL; Ruling Date: 06/15/2012; Ruling Judge: Talmadge Littlejohn; Disposition: The pleading styled Notice of Appeal filed by Hobson L. Sanderson, Jr., is dismissed. To Dismiss: All Justices. Order entered.

Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.; Monroe Chancery Court; LC Case #: CV-2008-000627-TDL; Ruling Date: 06/15/2012; Ruling Judge: Talmadge Littlejohn; Disposition: Motion to Strike, or, in the Alternative, to Overrule the Relief Sought in Tanya Sanderson's "Response" to Notice of Appeal filed by Hobson L. Sanderson, Jr., is denied. Order entered.