03/31/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
  2010-CA-00630-SCT

D. J. Shuttle and Tours v. Alvin Flowers, Sr. and Scottsdale Insurance Company; Forrest Circuit Court; LC Case #: CI09-0036; Ruling Date: 03/26/2010; Ruling Judge: Robert Helfrich; Majority Opinion: Pierce, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

Melissa Whiting v. University of Southern Mississippi, Dr. Shelby Thames Officially and Individually, Dr. Dana Thames Officially and Individually, and Dr. Carl Martray Officially and Individually, Board of Trustees for Institutions of Higher Learning; Forrest Circuit Court; LC Case #: CI-02-0206; Ruling Date: 09/17/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur.

D.M. and M.M. v. D.R.; Leflore Chancery Court; LC Case #: E06-0089; Ruling Date: 07/23/2010; Ruling Judge: William Willard, Jr.; 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.

In Re: Estate of William F. McLemore, Deceased: Gerald D. McLemore v. Dennis M. McLemore, Floyd Shannon McLemore, Jackie McLemore and Estate of Colleen H. McLemore; DeSoto Chancery Court; LC Case #: 02-06-0878ML; Ruling Date: 10/11/2007; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2009-CA-00784-SCT In Re: Jackie McLemore, Dennis Marshall McLemore, Individually and as Co-Executors of the Estate of Colleen H. McLemore and Floyd Shannon McLemore v. Gerald D. McLemore, Executor of the Estate of William F. McLemore, Deceased, Gerald D. McLemore, Trustee of the William F. McLemore Living Trust, William F. McLemore Marital Trust and William F. McLemore Family Trust, and First Security Bank, Trustee of the William F. McLemore Marital Trust; DeSoto Chancery Court; LC Case #: 02-06-0878ML; Ruling Date: 04/09/2009; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion for Attorneys' Fees on Appeal is remanded. See opinion of this Court handed down this date at pages 46-47, paragraphs 98-100.

In Re: Estate of William F. McLemore, Deceased: Gerald D. McLemore v. Dennis M. McLemore, Floyd Shannon McLemore, Jackie McLemore and Estate of Colleen H. McLemore; DeSoto Chancery Court; LC Case #: 02-06-0878ML; Ruling Date: 10/11/2007; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2009-CA-00784-SCT In Re: Jackie McLemore, Dennis Marshall McLemore, Individually and as Co-Executors of the Estate of Colleen H. McLemore and Floyd Shannon McLemore v. Gerald D. McLemore, Executor of the Estate of William F. McLemore, Deceased, Gerald D. McLemore, Trustee of the William F. McLemore Living Trust, William F. McLemore Marital Trust and William F. McLemore Family Trust, and First Security Bank, Trustee of the William F. McLemore Marital Trust; DeSoto Chancery Court; LC Case #: 02-06-0878ML; Ruling Date: 04/09/2009; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Randolph, J. Disposition: As to 2007-CA-02043-SCT: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed in Part, Reversed and Remanded in Part. As to 2009-CA-00784-SCT: On Direct Appeal: Affirmed in Part and Remanded in Part. On Cross-Appeal: Affirmed in Part and Remanded in Part. Costs of appeal shall be taxed equally to all Appellants and Appellees in the consolidated actions. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Carlson, P.J., not participating.

Roger Lee Gillett v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715-CR; Ruling Date: 11/05/2007; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by Roger Lee Gillett is denied. Dickinson, P.J., Lamar and Kitchens, JJ., would grant. King, J., not participating.

Michael T. Hendon, Sherry Hendon and Charles Hendon v. Beverly Lang and Robert C. Lang; Copiah Circuit Court; LC Case #: 2003-0442; Ruling Date: 04/07/2008; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by the Hendons is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not participating: King, J. Order entered.

The Mississippi Bar v. James F. Valley; Disposition: The Second Motion to Dismiss Without Prejudice filed by the Mississippi Bar is granted. The Formal Complaint filed in this cause is dismissed without prejudice. Costs are taxed to the Mississippi Bar. King, J., not participating. Order entered.

Merlin Hardison v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-034-03 WSY; Ruling Date: 05/24/2006; Ruling Judge: W. Yerger; Disposition: On the Court's own motion, this matter is remanded with instructions to the Circuit Court of the First Judicial District of Hinds County to hold a hearing within sixty days of the date of this order for the limited purposes of providing the State an opportunity to provide reasons for the delay, and to overcome the presumption that Hardison was prejudiced by the twenty-seven-month delay. After conducting the hearing, the trial judge shall enter findings of fact and conclusions of law and shall provide this Court with a certified copy of the findings of fact and conclusions of law, a transcript of the hearing, and all exhibits and documents related thereto. Upon receipt of these materials, the Clerk of the Supreme Court shall supplement the appellate record before this Court and give the parties notice of the filing of that supplemental record. Within thirty days of that notice, the parties shall file simultaneous supplemental briefs not to exceed twenty pages and limited to the speedy-trial issue. Order entered.

Jim Doe and Barbara Doe, Individually, and as Natural Parents of A. D. a Minor v. Jameson Inn, Inc., Kitchin Hospitality, LLC and Erica Covington; Rankin Circuit Court; LC Case #: 2005-06; Ruling Date: 04/20/2009; Ruling Judge: William Chapman, III; Disposition: Appellants' Motion to Accept for Filing and Consideration Appellants' Rebuttal to Appellee's Response to Motion for Rehearing is denied. Order entered.

Jim Doe and Barbara Doe, Individually, and as Natural Parents of A. D. a Minor v. Jameson Inn, Inc., Kitchin Hospitality, LLC and Erica Covington; Rankin Circuit Court; LC Case #: 2005-06; Ruling Date: 04/20/2009; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by Jim and Barbara Doe is denied. Kitchens and Chandler, JJ., would grant. Dickinson, P.J., and King, J., not participating.

In Re: Jackie McLemore, Dennis Marshall McLemore, Individually and as Co-Executors of the Estate of Colleen H. McLemore and Floyd Shannon McLemore v. Gerald D. McLemore, Executor of the Estate of William F. McLemore, Deceased, Gerald D. McLemore, Trustee of the William F. McLemore Living Trust, William F. McLemore Marital Trust and William F. McLemore Family Trust, and First Security Bank, Trustee of the William F. McLemore Marital Trust; DeSoto Chancery Court; LC Case #: 02-06-0878ML; Ruling Date: 04/09/2009; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2007-CA-02043-SCT In Re: Estate of William F. McLemore, Deceased: Gerald D. McLemore v. Dennis M. McLemore, Floyd Shannon McLemore, Jackie McLemore and Estate of Colleen H. McLemore; DeSoto Chancery Court; LC Case #: 02-06-0878ML; Ruling Date: 10/11/2007; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion for Attorneys' Fees on Appeal is remanded. See opinion of this Court handed down this date at pages 46-47, paragraphs 98-100.

Tyrone Gowdy v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 358-08; Ruling Date: 04/21/2009; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Carlson, P.J., Randolph and Pierce, JJ., would grant. King, J., not participating.

In the Matter of Sanctions: R.S.; Disposition: On the Court's own motion, the Court has declined to impose sanctions in this matter. Kitchens, J., for the Court. King, J., not participating. The order is sealed.

Timothy Gunn v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-057-CR2; Ruling Date: 11/18/2009; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Timothy Gunn is denied. King, J., not participating.

Reginald Deshawn Bradley v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0543-CR1; Ruling Date: 11/13/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Randolph, J. Disposition: Conviction of third-offense shoplifting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay restitution in the amount of $42.21, a fine of $200.00 and all court costs. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Richard F. Scruggs and SLF, Inc. v. Derek A. Wyatt; Lafayette Circuit Court; LC Case #: L09-260; Ruling Date: 01/16/2010; Ruling Judge: Edward Prisock; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Chandler and Pierce, JJ., Concur. Carlson, P.J., Kitchens and King, JJ., not participating.

Jennifer Weatherspoon v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2006-065-CR2; Ruling Date: 01/15/2008; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Jennifer Weatherspoon is denied. King, J., not participating.

J. R., a Minor, By and Through Next Friend and Father, R.R. v. Bobby Malley and Janet Malley; Rankin Circuit Court; LC Case #: 2008-84; Ruling Date: 02/11/2010; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Mississippi Commission on Judicial Performance v. Houston J. Patton; LC Case #: 2008-274; Ruling Date: 08/20/2010; Ruling Judge: H. Clark, II; Majority Opinion: Lamar, J. Disposition: Judge Houston J. Patton, County Court Judge for Hinds County, shall be publicly reprimanded in open court by the presiding judge of the Hinds County Circuit Court on the first day of the next term of that court after this decision becomes final when a venire panel is present, is suspended from office without pay for thirty (30) days, and is assessed a fine in the amount of $1,000 and costs of $100. Judge Houston J. Patton taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., and Randolph, J., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Chandler and Pierce, JJ. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens and Chandler, JJ. King, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Chandler and Pierce, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.