04/17/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2012-CA-01702-SCT

Mississippi Valley Silica Company, Inc. v. Gwendolyn M. Reeves, Individually and as Wrongful Death Beneficiary of Robert B. Reeves, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Robert B. Reeves, Deceased; Jones Circuit Court 2nd District; LC Case #: 2007-61-CV6; Ruling Date: 07/03/2012; Ruling Judge: Billy Landrum; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Waller, C.J., and Randolph, P.J., not participating.

Derrick Montrell Henley v. State of Mississippi; Neshoba Circuit Court; LC Case #: 12-CR-070-NS-G; Ruling Date: 11/09/2012; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Neshoba County taxed with costs of appeal. Votes: Kitchens, Chandler, King and Coleman, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Randolph, P.J., Lamar and Pierce, JJ. Randolph, P.J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Lamar and Pierce, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Randolph, P.J., Lamar and Pierce, JJ., Join This Opinion. Dissenting Opinion: Randolph, P.J. Votes: Dickinson, P.J., Lamar and Pierce, JJ., Join This Opinion.

In Re: Local Rules; Disposition: Hinds County Court Judge Melvin V. Priester, Sr.'s Procedure for Pretrial Matters, Trial, & Mediation is dismissed without prejudice. All Justices Agree. Order entered.

Curtis Boyd, By and Through Mary Mastin, Next Friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd v. Gregory Nunez, M.D.; Lowndes Circuit Court; LC Case #: 2006-0113-CV1; Ruling Date: 03/08/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by Gregory Nunez, M.D., is denied. Lamar, J., would grant. Coleman, J., would deny and modify opinion. Randolph, P.J., not participating.

Donald R. Brewer v. Penny Mathis Holliday; Monroe Chancery Court; LC Case #: CV2005-185-48-L; Ruling Date: 06/22/2011; Ruling Judge: Talmadge Littlejohn; Disposition: Motion for rehearing filed by Penny Mathis Holliday is denied.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company; Panola Circuit Court 2nd District; LC Case #: CV2010-400-MP2; Ruling Date: 06/13/2011; Ruling Judge: James McClure, III; Disposition: Appellees/Petitioners Motion for Extension of Time to File Supplemental Brief is denied. Appellees/Petitioners Motion to Exceed Page Limit is denied. Order entered.

Levon Flowers v. Crown Cork & Seal USA, Inc., Pacific Employers Insurance Company, The Travelers Indemnity Company, and American International South Insurance Company; Panola Circuit Court 2nd District; LC Case #: CV2010-400-MP2; Ruling Date: 06/13/2011; Ruling Judge: James McClure, III; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Workers' Compensation Commission is Reversed, and the case is Remanded. Appellees taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Scott D. Smith a/k/a Scott Dreux Smith a/k/a Scott Smith v. State of Mississippi; Wayne Circuit Court; LC Case #: 11-36-K; Ruling Date: 01/20/2012; Ruling Judge: Robert Bailey; Majority Opinion: King, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Vacated in Part. The judgment of the Wayne County Circuit Court is Affirmed. Conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections without the possibility of suspension, reduction, probation, parole, earned time, good time, or any type of early release, Affirmed. Appellant shall pay court costs of $434.50 and is given credit for 601 days jail credit. Wayne County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and Coleman, JJ., Concur. Pierce, J., Concurs in Part and in Result Without Separate Written Opinion.

Charles Ferguson a/k/a Charles Furguson a/k/a Charles Ferguson, Jr. a/k/a C J v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0343-CRIC; Ruling Date: 02/21/2012; Ruling Judge: Lee Coleman; Majority Opinion: Pierce, J. Disposition: Reversed in Part; Vacated in Part and Remanded. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion.

Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-500GCD; Ruling Date: 12/14/2011; Ruling Judge: Gerald Chatham, Sr.; Disposition: Randal Scott Blythe a/k/a Randle Scott Blythe a/k/a Randall Scott Blythe a/k/a Randal S. Blythe's petition for writ of certiorari is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ. Order entered.

Willie Marshall, Jr. a/k/a Willie Marshall v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-0108; Ruling Date: 02/02/2012; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed pro se by Willie Marshall is denied. To Deny: All Justices. Order entered.

Freddie Webber, Jr. a/k/a Freddie Lee Webber, Jr. a/k/a Head a/k/a Fnu Lnu v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0280-CR1; Ruling Date: 09/02/2011; Ruling Judge: Lee Howard; Disposition: Freddie Webber, Jr.'s pro se motion for post-conviction collateral relief is granted. Webber's sentence in Lowndes County Circuit Court cause number 2010-0280-CR1 is vacated, and this matter is remanded to the Lowndes County Circuit Court for his re-sentencing as a non-habitual offender. All other claims raised by Webber are denied. Freddie Webber, Jr.'s request to proceed in forma pauperis is granted. Freddie Webber, Jr.'s request for the appointment of counsel is granted for the purposes of his being represented by legal counsel during the re-sentencing process. Randolph, P.J., concurs in result only. Lamar, J., disagrees. Order entered.