04/01/2010 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99011-SCT

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition filed by the Mississippi Commission on Continuing Legal Education to Amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education is granted in part and denied in part. Members of the Supreme Court Advisory Committee on Rules, and the Mississippi Code of Judicial Conduct Study Committee are hereby awarded six (6) hours of CLE credit annually for service on these committees. The request that Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education be amended is denied. Order entered.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: Petition filed by the Mississippi Board of Bar Admissions to Amend the Rules Governing Admission to The Mississippi Bar is granted. The Rules Governing Admission to The Mississippi Bar are amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2010. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.

Gallagher Bassett Services, Inc. v. Gary Lee Malone and Nabors Drilling USA, Inc.; Jones Circuit Court 2nd District; LC Case #: 2003-230-CV12; Ruling Date: 11/06/2006; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by appellant is denied. Chandler, J., would grant. Randolph and Pierce, JJ., not participating.

Robert D. Cooper, Donald B. Dunaway and Connie Burford v. Winnie Gilder and Cooper Gilder, Inc., Individually and as the Administratrix C.T.A. of the Estate of James A. Gilder, Deceased; Washington Chancery Court; LC Case #: 05-0345; Ruling Date: 04/11/2007; Ruling Judge: Marie Wilson; Disposition: Petition for writ of certiorari filed by Robert D. Cooper, et al., is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Graves, P.J. Order entered.

Mary Martin v. Tammy Weatherford and Richard Williams; Washington Circuit Court; LC Case #: CI-99-0023; Ruling Date: 09/19/2007; Ruling Judge: W. Hines; Disposition: Appellant's petition for writ of certiorari filed by Mary Martin is denied. To Deny: All Justices. Order entered.

Robert H. Jackson v. State of Mississippi; Warren Circuit Court; LC Case #: 07,02231CI; Ruling Date: 12/04/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Warren County taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Raymond H. Burdsal a/k/a Raymond H. Randy Burdsal v. Marshall County, Mississippi; Marshall Chancery Court; LC Case #: 04-0100; Ruling Date: 11/20/2007; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by Raymond H. Burdsal 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.

Eugene C. Frazier, Et al v. Simon Frazier. Et al; Hinds Chancery Court 2nd District; LC Case #: G2007-29 0/3; Ruling Date: 03/03/2008; Ruling Judge: Denise Owens; Disposition: Petition for writ of certiorari of appellants filed by counsel for Eugene C. Frazier, et al., is denied. To Deny: All Justices. Order entered.

In The Matter of The Estate of Martha Thomas Kabbes Burns, One and the Same Person as Martha Thomas Kabbes, Deceased: John Clayton Kabbes v. John Baxter Burns; Hinds Chancery Court 1st District; LC Case #: P-2002-523-O/3; Ruling Date: 03/25/2008; Ruling Judge: Denise Owens; Disposition: Petition for writ of certiorari filed by John Clayton Kabbes is denied. To Deny: All Justices. Order entered.

Roberto Giles, a Minor, by and Through his Father and Next Friend, Robert Lee Giles and Antonio Giles, a Minor, by and Through his Father and Next Friend, Robert Lee Giles v. Robert A. Brown and Leake County, Mississippi Board of Supervisors; Leake Circuit Court; LC Case #: 04-CV-212-LE-C; Ruling Date: 04/14/2008; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Roberto Giles and Antonio Giles, by and through their father and next friend, Robert Lee Giles, is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce. To Grant: Waller, C.J., and Kitchens, J. Not Participating: Chandler, J. Order entered.

Rolling Fork Community Care Center, LLC d/b/a Heritage Manor of Rolling Fork, Legacy Health Care Services, Inc. or Legacy Health Care, Inc. d/b/a Heritage Manor of Rolling Fork, Louisiana Extended Care Centers, Inc. d/b/a Heritage Manor of Rolling Fork, Magnolia Management Corporation, Inc. and Helen Thomas and Nutrition and Management Systems, Inc., d/b/a Nutrition Systems, Inc. v. Rosie Martin by and through Uncle, and Next Friend, James Washington, on behalf of the wrongful death beneficiaries and as the Administrator of the Estate of Rosie Martin; Sharkey Circuit Court; LC Case #: 02-070; Ruling Date: 08/12/2008; Ruling Judge: Isadore Patrick, Jr.; Disposition: Joint Motion to Indefinitely Extend the Stay of Appeal filed by the parties is granted in part in that all proceedings in this appeal will remain stayed until September 30, 2010. No further stays will be granted. Order entered.

Nickey Williams v. State of Mississippi; Lee Circuit Court; LC Case #: CR06-415; Ruling Date: 08/08/2008; Ruling Judge: James Pounds; Majority Opinion: Kitchens, J. Disposition: Count I: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Reversed and Rendered. Lee County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson and Lamar, JJ., Concur. Graves, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, Chandler and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Graves, P.J. Votes: Randolph, Chandler and Pierce, JJ., Join This Opinion.

Randy Lamar Tapper v. State of Mississippi; Jackson Circuit Court; LC Case #: 2007-10,762(1); Ruling Date: 02/02/2009; Ruling Judge: Robert Krebs; Disposition: State of Mississippi's Motion to Reconsider and to Strike is granted; and the "Reply Brief of the Appellant" filed pro se by the appellant, Randy Lamar Tapper, is stricken as untimely filed pursuant to the applicable provisions of the Mississippi Rules of Appellate Procedure. Order entered.