03/25/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2008-KA-00409-SCT

Fernando Martinez Parker a/k/a Tal v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2004-0101; Ruling Date: 02/08/2008; Ruling Judge: Kenneth Thomas; Majority Opinion: Pierce, J. Disposition: Count I: Conviction of possession of a firearm on campus and sentence of three (3) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Murder, Affirmed. Sentence of life without parole is vacated and this case is remanded for resentencing as to Count II. Count III: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. The sentences imposed in Counts I and IIl of this cause shall run concurrently with each other and consecutively to any and all sentences previously imposed. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only.

Donnie Ray Tucker a/k/a Donnie Ray Sumrall v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2007-18-KR1; Ruling Date: 03/07/2008; Ruling Judge: Billy Landrum; Majority Opinion: Pierce, J. Disposition: Per Curiam Affirmance. Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Sentence in this cause shall run consecutively with any sentence the appellant may be serving at this time. Jones County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Ivan Russell McClellan v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0070-CR1; Ruling Date: 02/26/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Kitchens, J. Disposition: Count l: Conviction of possession of precursors and sentence as a habitual offender of thirty (30) years in the custody of the Mississippi Department of Corrections and pay a fine of $1,000,000, Affirmed. Count ll: Conviction of possession of 250 dosage units of pseudoephedrine and sentence as a habitual offender of five (5) years in the custody of the Mississippi Department of Corrections and pay a fine of $5,000, Affirmed. Sentence in Count ll to run concurrently with the sentence imposed in Count l. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Jo Carol Alford, Individually, and as Executrix of the Estate of Arthur Randall Alford, Deceased v. Mississippi Division of Medicaid; Madison Chancery Court; LC Case #: 2008-993-B; Ruling Date: 12/02/2008; Ruling Judge: Cynthia Brewer; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion. Chandler, J., not participating.

Demarious Latwan Banyard a/k/a Lil Murray a/k/a Mur-Mur v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-460; Ruling Date: 08/07/2006; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Demarious Latwan Banyard is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Kitchens, JJ. To Deny: Chandler and Pierce, JJ. Order entered.

Anthony Sneed a/k/a Trigger; Anthony Smith a/k/a Sticky; Thomas German a/k/a Tommy C; Jamario Brady a/k/a Mario a/k/a Turtle and Johnny Bickham v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0065; Ruling Date: 02/23/2007; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Anthony Sneed is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Order entered.

Anthony Sneed a/k/a Trigger; Anthony Smith a/k/a Sticky; Thomas German a/k/a Tommy C; Jamario Brady a/k/a Mario a/k/a Turtle and Johnny Bickham v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0065; Ruling Date: 02/23/2007; Ruling Judge: Charles Webster; Disposition: Petition for certiorari filed by Thomas German is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Order entered.

Vincent Carnell Hudson a/k/a Slim v. State of Mississippi; Winston Circuit Court; LC Case #: 2007-022CR; Ruling Date: 11/01/2007; Ruling Judge: C. Morgan, III; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Winston County taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Lamar and Kitchens, JJ., Concur. Randolph, J., Dissents With Separate Written Opinion Joined by Chandler and Pierce, JJ. Dissenting Opinion: Randolph, J. Votes: Chandler and Pierce, JJ., Join This Opinion.

Pamela L. Ferguson v. Juanita H. Lewis; Hinds Chancery Court 2nd District; LC Case #: G-2007-142; Ruling Date: 10/22/2007; Ruling Judge: William Singletary; Disposition: Petition for writ of certiorari filed by counsel for Pamela Ferguson is denied. To Deny: All Justices. Order entered.

Cavin Earl Reed v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B240207-344; Ruling Date: 03/20/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by Cavin Earl Reed is denied. To Deny: All Justices. Order entered.

Joel D. Holloway v. Twyla M. Holloway; Jones Chancery Court 2nd District; LC Case #: 2006-0591; Ruling Date: 03/11/2008; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion to docket and dismiss the petition for writ of certiorari filed by counsel for Twyla M. Holloway is granted. Petition for writ of certiorari filed by counsel for Joel D. Holloway is dismissed. Order entered.

Joel D. Holloway v. Twyla M. Holloway; Jones Chancery Court 2nd District; LC Case #: 2006-0591; Ruling Date: 03/11/2008; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion to docket and dismiss the petition for writ of certiorari filed by counsel for Twyla M. Holloway is granted. Petition for writ of certiorari filed by counsel for Joel D. Holloway is dismissed. Order entered.

Joey Dante Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 07-CR-047-LE-C; Ruling Date: 05/14/2008; Ruling Judge: Vernon Cotten; Disposition: Motion for rehearing filed pro se by Joey Dante Johnson is denied.

Joey Dante Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 07-CR-047-LE-C; Ruling Date: 05/14/2008; Ruling Judge: Vernon Cotten; Disposition: Motion for rehearing filed by counsel for Joey Dante Johnson is denied.

In the Matter of the Estate of Howard Griffith, Deceased: Garland Griffith v. Jimmy Griffith and Jerry Griffith; Simpson Chancery Court; LC Case #: 06-085 P1; Ruling Date: 09/04/2008; Ruling Judge: J. Buffington; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson and Randolph, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Chandler, J. Kitchens, J., not participating. Dissenting Opinion: Pierce, J. Votes: Chandler, J., Joins This Opinion.

Linda Laffitte and Harry Laffitte v. Southern Financial Systems, Inc.; Wayne Circuit Court; LC Case #: CV-2008-70B; Ruling Date: 10/10/2008; Ruling Judge: Robert Bailey; Disposition: Writ of Certiorari filed by Linda and Harry Laffitte is denied. To Deny: All Justices. Order entered.

Darrell King and Mary King v. Charles E. Bunton, III, Mississippi Housing Authorities Risk Management, Inc., and the Housing Authority of the City of Vicksburg; Warren Circuit Court; LC Case #: 05,0271-CI; Ruling Date: 09/30/2008; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion.