03/08/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2009-CA-01457-SCT

Thomas R. Alfonso, III and Anne Alfonso d/b/a Bay Jourdan Publishing Company v. Gulf Publishing Co., Inc. and The Sun Herald; Hancock Chancery Court; LC Case #: 97-0420; Ruling Date: 07/28/2009; Ruling Judge: Edward Prisock; Consolidated with 2010-CA-00091-SCT Thomas R. Alfonso, III and Anne Alfonso d/b/a Bay Jourdan Publishing Company v. Diamondhead Country Club and Property Owners Association, Inc.; Hancock Chancery Court; LC Case #: 97-0420; Ruling Date: 12/06/2009; Ruling Judge: Edward Prisock; Majority Opinion: Chandler, J. Disposition: As to 2009-CA-01457-SCT: Reversed and Remanded. As to 2010-CA-00091-SCT: Affirmed. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar, Kitchens, Pierce and King, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Randolph, J., not participating.

Trustmark National Bank, Frank Hart and Alvis Hunt v. C. Brent Meador, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-04-1065CIV; Ruling Date: 11/23/2009; Ruling Judge: Winston Kidd; Consolidated with 2009-IA-01940-SCT Mississippi Baptist Health Systems, Inc., C. Gerald Cotton, Lu Harding, Charles Harrison, Eric A. McVey, III, M.D., Kurt Metzner, James P. Wigley, Trustmark National Bank, Frank Hart and Alvis Hunt v. C. Brent Meador, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-04-1065CIV; Ruling Date: 11/23/2009; Ruling Judge: Winston Kidd; Majority Opinion: Chandler, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph and King, JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Lamar, J. Waller, C.J., and Pierce, J., not participating. Concur in Result Only Opinion: Kitchens, J. Votes: Lamar, J., Joins This Opinion.

Laurel Ford Lincoln Mercury, Inc. a/k/a Laurel Ford and Kia and Kia Motors America, Inc. v. Larry Blakeney; Smith Circuit Court; LC Case #: 2010-305; Ruling Date: 02/08/2011; Ruling Judge: Eddie Bowen; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur.

Lamar Hooker v. Stephen C. Greer; Carroll Chancery Court 2nd District; LC Case #: 2009-0021K; Ruling Date: 06/29/2010; Ruling Judge: J. Kilpatrick; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part; Reversed and Vacated in Part; and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., and Randolph, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and Randolph, J., Join This Opinion.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Consolidated with 1999-DP-01437-SCT Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 9618729; Ruling Date: 08/23/1999; Ruling Judge: Richard McKenzie; Disposition: In accordance with Miss. Code Ann. Section 99-39-29, that such execution date be, and the same hereby is, reset for March 20, 2012, and this Order shall serve as the Warrant of Execution of the said Larry Matthew Puckett, whose execution by the State of Mississippi shall occur on said date in the manner prescribed by law. Agreed: All Justices. Order entered.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of William Gerald Mitchell shall take place on March 22, 2012, in the manner provided by law. This order shall serve as the warrant of execution for William Gerald Mitchell. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Kitchens and King, JJ. Order entered.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 9618729; Ruling Date: 08/23/1999; Ruling Judge: Richard McKenzie; Consolidated with 96-DP-00867-SCT Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: In accordance with Miss. Code Ann. Section 99-39-29, that such execution date be, and the same hereby is, reset for March 20, 2012, and this Order shall serve as the Warrant of Execution of the said Larry Matthew Puckett, whose execution by the State of Mississippi shall occur on said date in the manner prescribed by law. Agreed: All Justices. Order entered.

Timothy Collins v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-993; Ruling Date: 03/18/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for Timothy Collins is denied. To Deny: All Justices. Order entered.

Janice Stribling v. State of Mississippi; Neshoba Circuit Court; LC Case #: 08-CR-0050-NS-G; Ruling Date: 03/19/2009; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Janice Stribling is denied. To Deny: All Justices. Order entered.

Thomas R. Alfonso, III and Anne Alfonso d/b/a Bay Jourdan Publishing Company v. Gulf Publishing Co., Inc. and The Sun Herald; Hancock Chancery Court; LC Case #: 97-0420; Ruling Date: 07/28/2009; Ruling Judge: Edward Prisock; Consolidated with 2010-CA-00091-SCT Thomas R. Alfonso, III and Anne Alfonso d/b/a Bay Jourdan Publishing Company v. Diamondhead Country Club and Property Owners Association, Inc.; Hancock Chancery Court; LC Case #: 97-0420; Ruling Date: 12/06/2009; Ruling Judge: Edward Prisock; Disposition: Appellee's Precautionary Third Motion to Reconsider and/or Modify Trial Court Order Requiring Appellee to Pay Transcription Costs of Supplemental Record on Appeal is denied. Alfonso's request for sanctions is denied. Randolph, J., not participating. Order entered.

Jonathan Cooper a/k/a Jonathan Dewayne Cooper v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-0237; Ruling Date: 11/18/2009; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Jonathan Cooper is dismissed. Order entered.

Thomas R. Alfonso, III and Anne Alfonso d/b/a Bay Jourdan Publishing Company v. Diamondhead Country Club and Property Owners Association, Inc.; Hancock Chancery Court; LC Case #: 97-0420; Ruling Date: 12/06/2009; Ruling Judge: Edward Prisock; Consolidated with 2009-CA-01457-SCT Thomas R. Alfonso, III and Anne Alfonso d/b/a Bay Jourdan Publishing Company v. Gulf Publishing Co., Inc. and The Sun Herald; Hancock Chancery Court; LC Case #: 97-0420; Ruling Date: 07/28/2009; Ruling Judge: Edward Prisock; Disposition: Appellee's Precautionary Third Motion to Reconsider and/or Modify Trial Court Order Requiring Appellee to Pay Transcription Costs of Supplemental Record on Appeal is denied. Alfonso's request for sanctions is denied. Randolph, J., not participating. Order entered.

Kendrick Lamar Williams a/k/a Scooter v. State of Mississippi; Pike Circuit Court; LC Case #: 2009-216-PKS-1; Ruling Date: 02/24/2010; Ruling Judge: David Strong, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Kendrick Lamar Williams is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Kitchens, J. Order entered.

Marvin Rhoda v. Edith W. Weathers; DeSoto Circuit Court; LC Case #: CV2009-0136CD; Ruling Date: 04/27/2010; Ruling Judge: Robert Chamberlin; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Circuit Court of DeSoto County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Kenneth Dewayne Hunt v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0086-CR1; Ruling Date: 05/18/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Kenneth Dewayne Hunt is denied. To Deny: All Justices. Order entered.

Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141J; Ruling Date: 12/19/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for Relief from Judgment or for Leave to File Successive Petition for Post-Conviction Relief is denied. See opinion of this Court handed down this date.

Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141J; Ruling Date: 12/19/2002; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlson, P.J. Disposition: Post-Conviction Relief is denied. Adams County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, Aaron Brown, Joshua Howard, and Azikiwe Kambule; Hinds Circuit Court 1st District; LC Case #: 251-12-00033CIV; Ruling Date: 01/24/2012; Ruling Judge: Tomie Green; Disposition: Motion for Entry of Appearance and Joinder in Petition for Writ of Prohibition and/or Mandamus, or Alternatively, for Permission to Appeal Interlocutory Orders filed by Joshua L. Howard is granted. Order entered.

In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, Aaron Brown, Joshua Howard, and Azikiwe Kambule; Hinds Circuit Court 1st District; LC Case #: 251-12-00033CIV; Ruling Date: 01/24/2012; Ruling Judge: Tomie Green; Disposition: Motion for Entry of Appearance and Joinder in Petition for Writ of Prohibition and/or Mandamus, or Alternatively, for Permission to Appeal Interlocutory Orders filed by Azikiwe Kambule is granted. Order entered.

In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, Aaron Brown, Joshua Howard, and Azikiwe Kambule; Hinds Circuit Court 1st District; LC Case #: 251-12-00033CIV; Ruling Date: 01/24/2012; Ruling Judge: Tomie Green; Disposition: Petition to Protect the Civil Rights, of All Former Prisoners, Who Received a Pardon, from Governor Haley Barbour is denied as moot. Order entered.

In Re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, Aaron Brown, Joshua Howard, and Azikiwe Kambule; Hinds Circuit Court 1st District; LC Case #: 251-12-00033CIV; Ruling Date: 01/24/2012; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Kitchens, Chandler and King, JJ., Concur. Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., Lamar and Chandler, JJ. Chandler, J., Specially Concurs With Separate Written Opinion Joined by Carlson and Dickinson, P.JJ., and Lamar, J. Waller, C.J., Dissents With Separate Written Opinion Joined by Randolph and Pierce, JJ. Randolph, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Pierce, J. Pierce, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Randolph, J. Specially Concurring Opinion: Carlson, P.J. Votes: Dickinson, P.J., Lamar and Chandler, JJ., Join This Opinion. Specially Concurring Opinion: Chandler, J. Votes: Carlson and Dickinson, P.JJ., and Lamar, J., Join This Opinion. Dissenting Opinion: Waller, C.J. Votes: Randolph and Pierce, JJ., Join This Opinion. Dissenting Opinion: Randolph, J. Votes: Waller, C.J., and Pierce, J., Join This Opinion. Dissenting Opinion: Pierce, J. Votes: Waller, C.J., and Randolph, J., Join This Opinion.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Roger Clark; Disposition: Motion for Expert Access to Petitioner for Testing for Successive Petition for Post-Conviction Relief and for Petition for Executive Clemency filed by William Gerald Mitchell is dismissed without prejudice in part and denied in part. Dismissed in part and Denied in Part: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens and King, JJ. Order entered.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Roger Clark; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief filed by counsel for William Gerald Mitchell is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens and King, JJ. Randolph, J., for the Court. Order entered.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief, filed by counsel for Puckett, is hereby dismissed. The Motion to Admit Attorney Pro Hac Vice is hereby dismissed as moot. Agreed: All Justices. Kitchens, J., for the Court. Order entered.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief, filed by counsel for Puckett, is hereby dismissed. The Motion to Admit Attorney Pro Hac Vice is hereby dismissed as moot. Agreed: All Justices. Kitchens, J., for the Court. Order entered.