Supreme Court of MississippiHand Down List
April 12, 2012
04/12/2012 - Hand Down and published opinions in WordPerfect/ZIP format
King, Leslie D.
X 2011-IA-00607-SCT
In the Interest of M.I. and T.I., Both Minors; Lauderdale Youth Court; LC Case #: YC-06-486; Ruling Date: 04/05/2011; Ruling Judge: Veldore Young; Majority Opinion: King, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.
Lamar, Ann H.
X 2010-CA-00741-SCT
The Estate of Henry C. Gibson, By and Through Don R. Gibson, Administrator for the use and benefits of the Estate of Henry C. Gibson, and on Behalf of and for the use and benefit of the Wrongful Death Beneficiaries of Henry C. Gibson v. Magnolia Healthcare, Inc. and Foundation Health Services, Inc.; Washington Circuit Court; LC Case #: CI 2004-195; Ruling Date: 10/09/2009; Ruling Judge: Betty Sanders; Majority Opinion: Lamar, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Pierce and King, JJ., Concur. Chandler, J., Concurs in Part and in Result Without Separate Written Opinion.
Lamar, Ann H.
X 2010-CA-01598-SCT
Chander Paul Khurana d/b/a VK Quick Mart and VK's Wine & Liquor v. Mississippi Department of Revenue; Pike Chancery Court; LC Case #: 2007-606; Ruling Date: 03/30/2010; Ruling Judge: Debbra Halford; Majority Opinion: Lamar, J. Disposition: On Direct Appeal: Dismissed. On Cross-Appeal: Reversed and Rendered. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.
Carlson, George C.
X 2011-CA-00167-SCT
T. Jackson Lyons & Associates, P. A. v. Precious T. Martin, Sr. & Associates, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-10-140; Ruling Date: 12/09/2010; Ruling Judge: S. Harrison; Majority Opinion: Carlson, P.J. Disposition: The judgment of the Circuit Court for the First Judicial District of Hinds County is Reversed and the judgment of the County Court for the First Judicial District of Hinds County is Reinstated and Affirmed. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Waller, C.J., not participating.
EN BANC
89-R-99039
In Re: State Drug Courts Advisory Committee; Disposition: On the Court's own motion, pursuant to the creation of the State Drug Courts Advisory Committee under Miss. Code Ann. Section 9-23-9 (Supp. 2011), this Court is charged with responsibility for appointing the members of the committee for terms established by Administrative Order of the Court filed on December 20, 2005, in Cause Number 2005-AD-00001. Finding that certain appointments expired on December 31, 2011, the en banc Court now makes the following appointments to the State Drug Courts Advisory Committee: Hon. Michael M. Taylor, Judge, Fourteenth Circuit Court District; Hon. Robert W. "Bobby" Moak, House of Representatives; Hon. Thomas H. Broome, Judge, Rankin County Court; Patricia Burchell, Esq., District Attorney, Twelfth Circuit Court District; Hon. Allen B. Couch, Jr., Judge, DeSoto County Court. All terms expire December 31, 2013. The Clerk of this Court is directed to forthwith forward true copies of this order to all members of the State Drug Courts Advisory Committee. All Justices Agree. Order entered.
EN BANC
X 2007-CT-01576-SCT
Ladennis Graham v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2007-83-CV7; Ruling Date: 08/20/2007; Ruling Judge: Billy Landrum; Majority Opinion: Pierce, J. Disposition: The judgment of the Court of Appeals is Vacated. The judgment of the Circuit Court of Jones County is Reversed and the case is Remanded. Jones County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Chandler, JJ., Concur. King, J., not participating.
EN BANC
2009-CT-01202-SCT
Dr. Jerry Pratt v. Gulfport-Biloxi Regional Airport Authority d/b/a Gulfport-Biloxi International Airport; Harrison Circuit Court 1st District; LC Case #: A2401-2006-104; Ruling Date: 07/02/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Appellee is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.
EN BANC
2010-CT-00230-SCT
Cecil Junior Pruitt v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-088(W); Ruling Date: 01/26/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by Cecil Junior Pruitt was granted by order of this Court on March 15, 2012 in order to carefully review the issues and the record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Waller, C.J., for the Court. Order entered.
EN BANC
XX 2010-CT-00783-SCT
Andrew Matthies a/k/a Andrew K. Matthies v. State of Mississippi; Madison Circuit Court; LC Case #: 2009-0439-C; Ruling Date: 01/19/2010; Ruling Judge: William Chapman, III; Majority Opinion: Carlson, P.J. Disposition: Conviction of driving under the influence, first offense, and sentence of forty-eight (48) hours in the Madison County jail, suspended, two (2) years unsupervised probation unless sooner invoked with specific conditions, pay court costs, fees and assessments, and pay a fine of $700, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and King, JJ. Dissenting Opinion: Chandler, J. Votes: Dickinson, P.J., Kitchens and King, JJ., Join This Opinion.
EN BANC
XXX 2010-CA-00955-SCT
Pascagoula School District, City of Pascagoula, Mississippi, Daniel J. Marks, Sr., Individually and as a Taxpayer of the PSD, and Katherine Laird Mitchell, a Minor, By and Through her Father and Natural Guardian, Randall L. Mitchell v. Joe Tucker, Tax Collector, Jackson County, Mississippi, Benny Goff, Tax Assessor, Jackson County Mississippi, the Board of Supervisors of Jackson County, Mississippi, and the State of Mississippi, and Defendants-Intervenors Jackson County School District, Moss Point School District and Ocean Springs School District; Jackson Chancery Court; LC Case #: 2008-2253RP; Ruling Date: 05/13/2010; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Kitchens and King, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined In Part by Randolph and Chandler, JJ. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller, C.J., and Chandler, J. Pierce, J., not participating. Dissenting Opinion: Waller, C.J. Votes: Randolph and Chandler, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Waller, C.J., and Chandler, J., Join This Opinion.