03/01/2012 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-KA-02073-SCT

Jermell Victory v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2010-0028; Ruling Date: 11/16/2010; Ruling Judge: Charles Webster; Majority Opinion: King, J. Disposition: Count I: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of possession of a firearm by a convicted felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively to the sentence imposed in Count I. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Dennis Jerome Beal v. State of Mississippi; Madison Circuit Court; LC Case #: 2010-0299; Ruling Date: 09/17/2010; Ruling Judge: William Chapman, III; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Madison County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Kitchens, Chandler and King, JJ., Concur. Dickinson, P.J., and Lamar, J., Concur in Result Only.

Joshua King v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-077-CR2; Ruling Date: 12/16/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Chandler, J. Disposition: Count I: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Count II: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Sentence in Count I shall run concurrently with the sentence in Count II. Sentences imposed in this cause shall run consecutively to any and all sentences previously imposed. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur.

In The Matter of the Estate of Emogene Baumgardner: Veronica Baumgardner McKee Arrington, Conservator, Individually and as Executrix of the Estate of Emogene Baumgardner, and as Attorney in Fact for Charlie Baumgardner v. William E. Ready, Sr., as Trustee; Lauderdale Chancery Court; LC Case #: 96-834; Ruling Date: 09/01/2010; Ruling Judge: J. Buffington; Majority Opinion: Carlson, P.J. Disposition: Affirmed in Part; Reversed in Part and Remanded for further proceedings consistent with this opinion. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Part and in Result With Separate Written Opinion Joined by King, J. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and in Result Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J.

Chase Home Finance, L.L.C. and Priority Trustee Services of Mississippi, L.L.C. v. James D. Hobson, Jr.; Warren Circuit Court; LC Case #: 10,0001-CI; Ruling Date: 02/18/2011; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, C.J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Appellee taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Cecil R. Ben v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-105-LE-C; Ruling Date: 05/14/2009; Ruling Judge: Vernon Cotten; Disposition: Petition for writ of certiorari filed by Cecil Ben is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Not Participating: Dickinson, P.J. Order entered.

William Matthew Wilson a/k/a Willie v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-635; Ruling Date: 05/30/2007; Ruling Judge: Thomas Gardner, III; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief is granted in part and denied in part. See opinion of this Court handed down this date.

William Matthew Wilson a/k/a Willie v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-635; Ruling Date: 05/30/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, P.J. Disposition: Post-Conviction Collateral Relief is granted in part and denied in part. Lee County taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., and King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Kevin Dale McCain v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0167-CRP; Ruling Date: 10/30/2009; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Randolph, J. Disposition: Conviction of robbery and sentence of life in the custody of the Mississippi Department of Corrections, as a habitual offender, Affirmed. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Warren County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., and Chandler, J., Concur. Dickinson, P.J., Concurs in Result Only With Separate Written Opinion Joined In Part by Randolph, Lamar and Kitchens, JJ. Pierce, J., Concurs in Result Only With Separate Written Opinion Joined In Part by Randolph, J. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined by King, J. Concur in Result Only Opinion: Dickinson, P.J. Votes: Randolph, Lamar and Kitchens, JJ., Join This Opinion in Part. Concur in Result Only Opinion: Pierce, J. Votes: Randolph, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Queen City Nursing Center, Inc., Community Living Centers, LLC d/b/a Meridian Community Living Center, and Beverly Enterprises-Mississippi, Inc. d/b/a Golden Living Center-Meridian v. Mississippi State Department of Health and Meadowbrook Health and Rehab, LLC; Hinds Chancery Court 1st District; LC Case #: G2009-299 T/1; Ruling Date: 06/10/2010; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by Appellants is denied.

In Re: Barbara Dunn, Hinds County Circuit Clerk; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Disposition: On the Court's own motion, this matter is hereby remanded to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The circuit court shall conduct the evidentiary hearing before May 23, 2012. The circuit court shall make findings of fact regarding the issues discussed herein and shall submit those findings of fact to this Court on or before June 13, 2012. The Clerk of this Court shall send copies of the following documents to the circuit court: "Motion for Out of Time Appeal" filed by P.E.R.S. on January 27, 2011 in docket number 2011-SA-00127; "Show Cause Order" entered by this Court on February 23, 2011; response to the show cause order filed by Dunn on March 25, 2011. The Clerk of this Court shall send copies of this order to Barbara Dunn, Circuit Clerk of Hinds County, Mississippi, and counsel for P.E.R.S. This order shall be published. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition). Waller, C.J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Rickey W. Thompson; LC Case #: 2009-061; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Disposition: Rickey W. Thompson's Unopposed Motion to Begin Thirty-Day Suspension on Date of Court Opinion is granted. Chandler, J., not participating. Order entered.

Levi Jenkins v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2009-288P; Ruling Date: 04/14/2011; Ruling Judge: Anthony Mozingo; Disposition: Motion to Set Aside Mandate and Reinstate Appeal filed by Levi Jenkins is granted. The mandate in the above-styled cause of action is recalled and the appeal is reinstated. Agree: All Justices. Order entered.