04/07/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2010-CS-00323-SCT

In Re: Barbara Dunn, Hinds County Circuit Clerk; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Majority Opinion: Kitchens, J. Disposition: Hinds County Circuit Clerk Barbara Dunn is ordered to show cause. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Waller, C.J., and King, J., not participating.

Delta MK, LLC v. Mississippi Transportation Commission; Rankin Special Court of Eminent Domain; LC Case #: 2009-1290; Ruling Date: 11/20/2009; Ruling Judge: Kent McDaniel; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Dedeaux Utility Company, Inc. and any and all Parties having or Claiming any Legal or Equitable Interest in the Property Described Therein v. The City of Gulfport Mississippi, A Municipal Corporation; Harrison Special Court of Eminent Domain 1st District; LC Case #: 96-01102; Ruling Date: 09/25/2008; Ruling Judge: T. Wilson; Consolidated with 2010-CA-00290-SCT Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, A Municipal Corporation; Harrison Chancery Court 1st District; LC Case #: 09-00264-4; Ruling Date: 01/21/2010; Ruling Judge: James Thomas, Jr.; Majority Opinion: Randolph, J. Disposition: As to 2008-CA-02105-SCT: On Direct Appeal: Affirmed in Part, Reversed in Part and Remanded. On Cross-Appeal: Affirmed in Part, Reversed in Part and Remanded. As to 2010-CA-00290-SCT: Affirmed. Appellants and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B24012007-0838; Ruling Date: 07/13/2009; Ruling Judge: Lisa Dodson; Majority Opinion: Carlson, P.J. Disposition: Count I: Conviction of statutory rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of statutory rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences imposed in Counts I, II and III shall run concurrently. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Chandler, J., Concurs in Part and in Result With Separate Written Opinion. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion. King, J., not participating. Concurring in Part and in Result Opinion: Chandler, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J.

Keir D. Sanders v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR05-078; Ruling Date: 05/30/2008; Ruling Judge: Thomas Gardner, III; Majority Opinion: Pierce, J. Disposition: Count I: Acquittal of murder by reason of insanity and order of confinement in a State asylum for the insane, order suspended, Affirmed. Count II: Conviction of murder and sentence of life imprisonment, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Sentence in Count II shall run consecutively with the order in Count I. Tishomingo County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ., Concur. Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., and Lamar, J.; Kitchens, J., Joins In Part. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Chandler, J. King, J., not participating. Specially Concurring Opinion: Carlson, P.J. Votes: Waller, C.J., and Lamar, J., Join This Opinion. Kitchens, J., Joins in Part. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and Chandler, J., Join This Opinion.

Johnny McInnis v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2008-102-KR2; Ruling Date: 08/25/2008; Ruling Judge: Billy Landrum; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Jones County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Paula Denham and Pamela Caldwell v. Adam Holmes, a Minor By and Through Donnie Holmes, His Father & Natural Guardian; Lafayette Circuit Court; LC Case #: L04-351; Ruling Date: 07/28/2008; Ruling Judge: Andrew Howorth; Majority Opinion: Carlson, P.J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Circuit Court of Lafayette County is Reversed and the case is Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., and Randolph, J. King, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and Randolph, J., Join This Opinion.

The Mississippi Bar v. Thomas W. Brock; Ruling Judge: Gaylon Harper; Disposition: Thomas W. Brock's Motion for Special Tribunal is granted. A Special Tribunal shall be appointed to conduct an evidentiary hearing to afford Brock the opportunity to rebut the civil judgment of fraud. A court reporter shall transcribe the proceedings and, upon conclusion thereof, the Tribunal shall certify the record and file its findings of fact and recommendation with this Court. The Clerk of this Court shall promptly give the parties notice of these filings by the Tribunal and the parties shall file simultaneous supplemental briefs within 30 days of that notice. Thomas W. Brock's Motion to Stay Proceedings and a Motion for Appointment of a Special Master is dismissed as moot. The Bar's Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings is denied. A separate order appointing a complaint tribunal is to follow. Order entered.

The Mississippi Bar v. Thomas W. Brock; Ruling Judge: Gaylon Harper; Disposition: Thomas W. Brock's Motion for Special Tribunal is granted. A Special Tribunal shall be appointed to conduct an evidentiary hearing to afford Brock the opportunity to rebut the civil judgment of fraud. A court reporter shall transcribe the proceedings and, upon conclusion thereof, the Tribunal shall certify the record and file its findings of fact and recommendation with this Court. The Clerk of this Court shall promptly give the parties notice of these filings by the Tribunal and the parties shall file simultaneous supplemental briefs within 30 days of that notice. Thomas W. Brock's Motion to Stay Proceedings and a Motion for Appointment of a Special Master is dismissed as moot. The Bar's Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings is denied. A separate order appointing a complaint tribunal is to follow. Order entered.

The Mississippi Bar v. Thomas W. Brock; Ruling Judge: Gaylon Harper; Disposition: Thomas W. Brock's Motion for Special Tribunal is granted. A Special Tribunal shall be appointed to conduct an evidentiary hearing to afford Brock the opportunity to rebut the civil judgment of fraud. A court reporter shall transcribe the proceedings and, upon conclusion thereof, the Tribunal shall certify the record and file its findings of fact and recommendation with this Court. The Clerk of this Court shall promptly give the parties notice of these filings by the Tribunal and the parties shall file simultaneous supplemental briefs within 30 days of that notice. Thomas W. Brock's Motion to Stay Proceedings and a Motion for Appointment of a Special Master is dismissed as moot. The Bar's Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings is denied. A separate order appointing a complaint tribunal is to follow. Order entered.

The Mississippi Bar v. William S. Guy; Disposition: William S. Guy's Motion for Special Tribunal is granted. A Special Tribunal shall be appointed to conduct an evidentiary hearing to afford Guy the opportunity to rebut the civil judgment of fraud. A court reporter shall transcribe the proceedings and, upon conclusion thereof, the Tribunal shall certify the record and file its findings of fact and recommendation with this Court. The Clerk of this Court shall promptly give the parties notice of these filings by the Tribunal and the parties shall file simultaneous supplemental briefs within 30 days of that notice. William S. Guy's Motion to Stay Proceedings and a Motion for Appointment of a Special Master is dismissed as moot. The Bar's Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings is denied. A separate order appointing a complaint tribunal is to follow. Order entered.

The Mississippi Bar v. William S. Guy; Disposition: William S. Guy's Motion for Special Tribunal is granted. A Special Tribunal shall be appointed to conduct an evidentiary hearing to afford Guy the opportunity to rebut the civil judgment of fraud. A court reporter shall transcribe the proceedings and, upon conclusion thereof, the Tribunal shall certify the record and file its findings of fact and recommendation with this Court. The Clerk of this Court shall promptly give the parties notice of these filings by the Tribunal and the parties shall file simultaneous supplemental briefs within 30 days of that notice. William S. Guy's Motion to Stay Proceedings and a Motion for Appointment of a Special Master is dismissed as moot. The Bar's Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings is denied. A separate order appointing a complaint tribunal is to follow. Order entered.

The Mississippi Bar v. William S. Guy; Disposition: William S. Guy's Motion for Special Tribunal is granted. A Special Tribunal shall be appointed to conduct an evidentiary hearing to afford Guy the opportunity to rebut the civil judgment of fraud. A court reporter shall transcribe the proceedings and, upon conclusion thereof, the Tribunal shall certify the record and file its findings of fact and recommendation with this Court. The Clerk of this Court shall promptly give the parties notice of these filings by the Tribunal and the parties shall file simultaneous supplemental briefs within 30 days of that notice. William S. Guy's Motion to Stay Proceedings and a Motion for Appointment of a Special Master is dismissed as moot. The Bar's Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings is denied. A separate order appointing a complaint tribunal is to follow. Order entered.