03/04/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2008-KA-01457-SCT

David Abernathy v. State of Mississippi; Rankin Circuit Court; LC Case #: 17779; Ruling Date: 02/04/2008; Ruling Judge: Samac Richardson; Majority Opinion: Pierce, J. Disposition: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. The last twenty (20) years of the sentence are hereby stayed and that portion of the sentence is suspended. Upon release, the appellant shall be placed on supervised probation under the direct supervision of the Mississippi Department of Corrections for five (5) years. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Waller, C.J., Kitchens and Chandler, JJ. Dissenting Opinion: Graves, P.J. Votes: Waller, C.J., Kitchens and Chandler, JJ., Join This Opinion.

Jessie L. Wilson v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2007-0174-K; Ruling Date: 10/15/2008; Ruling Judge: W. Hines; Majority Opinion: Pierce, J. Disposition: Per Curiam Affirmance. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Appellant is further ordered to pay costs of $297.50 and a bond fee of $20.00. Sunflower County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Dudley Keene, Individually and on Behalf of Brookhaven Academy and Shareholders of Brookhaven Academy v. Brookhaven Academy, Inc., Brookhaven Academy Educational Foundation, Inc., Jeff Gatlin, Ken Powell, Phil McGee, and Dean Snider; Lincoln Chancery Court; LC Case #: 2004-0454; Ruling Date: 07/10/2008; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

Casey Lee Davis v. Imperial Palace of Mississippi, LLC ; Harrison Circuit Court 2nd District; LC Case #: A2402-2007-00088; Ruling Date: 12/30/2008; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Dickinson, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Carolyn Marie Barnes v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0096CRV; Ruling Date: 04/11/2008; Ruling Judge: Frank Vollor; Majority Opinion: Graves, P.J. Disposition: Conviction of embezzlement and sentence of ten (10) 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, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Rodarius Bonard Stewart a/k/a Robarius Stewart v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR04-262; Ruling Date: 08/05/2006; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by counsel for Rodarius Bonard Stewart is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Chandler, J. Order entered.

Nathaniel Walden v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,570; Ruling Date: 10/11/2006; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by Nathaniel Walden 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 A. Simoneaux v. State of Mississippi; Pike Circuit Court; LC Case #: 2007-166-PCS; Ruling Date: 08/29/2007; Ruling Judge: David Strong, Jr.; Disposition: Petition for writ of certiorari filed by Richard A. Simoneaux is denied. To Deny: Carlson and Graves, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Dickinson, J. Not Participating: Kitchens, J. Order entered.

John Christopher Blakeney a/k/a John Christopher Paul Blakeney a/k/a Chris Blakeney v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-261-KR2A; Ruling Date: 10/05/2007; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by counsel for John Christopher Blakeney 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.

Alexander Womack and Maurice Womack v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-25-K; Ruling Date: 10/12/2007; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Alexander Womack and Maurice Womack is denied. To Deny: All Justices. Order entered.

John Deeds v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2005-815-C(D); Ruling Date: 12/17/2007; Ruling Judge: Robert Chamberlin; Disposition: Motion for rehearing filed by John Deeds is denied. Graves, P.J., Kitchens and Chandler, JJ., would grant.

Mississippi Commission on Judicial Performance v. Bobby B. DeLaughter; LC Case #: 2008-022; Disposition: Motion to Dismiss Order of Interim Suspension filed by the Mississippi Commission on Judicial Performance is dismissed. See Opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Bobby B. DeLaughter; LC Case #: 2008-022; Majority Opinion: Graves, P.J. Disposition: Former Hinds County Circuit Court Judge Bobby B. DeLaughter is hereby removed from office and shall pay all costs of this proceeding. The Motion to Dismiss Order of Interim Suspension is hereby dismissed. Former Hinds County Circuit Court Judge Bobby B. DeLaughter taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined In Part by Dickinson, J. Dickinson, J., Dissents With Separate Written Opinion Joined In Part by Waller, C.J. Dissenting Opinion: Waller, C.J. Votes: Dickinson, J., Joins This Opinion in Part. Dissenting Opinion: Dickinson, J. Votes: Waller, C.J., Joins This Opinion in Part.

Loyal Johnson v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2004-0039; Ruling Date: 03/24/2005; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed pro se by Loyal Johnson is denied.

Beacon Properties, LLC v. Bank of the South ; Copiah Circuit Court; LC Case #: 2005-0028; Ruling Date: 02/04/2008; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for rehearing filed by Beacon Properties, LLC is denied. Kitchens, J., not participating.

Michael Jerome Williams, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-184; Ruling Date: 12/12/2007; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Michael Jerome Williams, Jr., is denied. To Deny: All Justices. Order entered.

Olivia M. Sliman v. Mary Thi Nguyen; Jackson Circuit Court; LC Case #: CI 2005-00,230; Ruling Date: 05/01/2008; Ruling Judge: Kathy Jackson; Disposition: Motion for Clarification and Correction for the Taxing of Costs filed by counsel for Mary Thi Nguyen is granted. All costs of this appeal are to be assessed to Olivia M. Sliman, Appellant. Dickinson, J., would deny. Order entered

Charles Means v. State of Mississippi; Forrest Circuit Court; LC Case #: CI08-0042; Ruling Date: 06/03/2008; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Charles Means is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar and Kitchens, JJ. To Deny: Randolph, Chandler and Pierce, JJ. Order entered.