04/23/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2007-CA-00689-SCT

Sandra Ann Craft Irby v. Estate of Henry Edward Irby, Deceased, by Gloria Dean Irby Marshall, Executrix; Rankin Chancery Court; LC Case #: 57,224; Ruling Date: 04/18/2007; Ruling Judge: Dan Fairly; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Issac Jermaine Nelson v. State of Mississippi; Scott Circuit Court; LC Case #: 07-CR-090-SC-G; Ruling Date: 01/24/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Pierce, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Kidnapping, Affirmed. Sentence of Forty (40) Years Vacated and Remanded to the Circuit Court of Scott County for Resentencing. Scott County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Kitchens, J.

Pedro Lima a/k/a Jesus Lima v. State of Mississippi; Tate Circuit Court; LC Case #: CR2006-156-M-T; Ruling Date: 02/06/2008; Ruling Judge: James McClure, III; Majority Opinion: Dickinson, J. Disposition: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. Tate County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Kitchens and Pierce, JJ., Concur. Chandler, J., Concurs in Part and in Result. Lamar, J., not participating.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that Rule 606 and its Comment are amended as set forth in Exhibit A attached to the order. This amendment is effective on July 1, 2009. 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. To Grant: All Justices. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that the Comment to Rule 617 is amended as set forth in Exhibit A attached to the order. This amendment is effective on July 1, 2009. 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. To Grant: All Justices. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that Rule 804 and its Comment are amended as set forth in Exhibit A attached to the order. This amendment is effective on July 1, 2009. 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. To Grant: All Justices. Order entered.

In Re: Local Rules; Disposition: Petition to Amend the Local Rules of the Fourth Circuit Court District filed by the Honorable Betty Sanders, the Honorable Ashley Hines, the Honorable Margaret Carey-McCray and the Honorable Richard A. Smith is granted. The proposed local rules are attached as Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series (Mississippi Edition). To Grant: All Justices. Order entered.

In Re: Local Rules; Disposition: Motion to Adopt Local Rules for County Court and the Youth Court of DeSoto County is granted. The local rules are attached as Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Order entered.

Candice Young, Personal Representative of the Wrongful Death Beneficiaries of Cherie S. Hancock, Deceased v. Donald C. Guild, M.D.; Yazoo Circuit Court; LC Case #: 2001-CI58; Ruling Date: 08/24/2004; Ruling Judge: Jannie Lewis; Disposition: The appellee's/cross-appellant's motion for rehearing is granted. The previous opinions are withdrawn, and these opinions are substituted therefor. On Direct Appeal: Affirmed. On Cross-Appeal: Dismissed. Dickinson and Lamar, JJ., would deny. Waller, C.J., not participating.

Candice Young, Personal Representative of the Wrongful Death Beneficiaries of Cherie S. Hancock, Deceased v. Donald C. Guild, M.D.; Yazoo Circuit Court; LC Case #: 2001-CI58; Ruling Date: 08/24/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Chandler, J. Disposition: The appellee's/cross-appellant's motion for rehearing is granted. The previous opinions are withdrawn, and these opinions are substituted therefor. On Direct Appeal: Affirmed; On Cross-Appeal: Dismissed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion. Lamar, J., Dissents With Separate Written Opinion Joined by Dickinson, J. Waller, C.J., not participating. Dissenting Opinion: Lamar, J. Votes: Dickinson, J., Joins This Opinion.

Jimmie Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-772CRD; Ruling Date: 09/30/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court for the First Judicial District of Hinds County is Reinstated and Affirmed. Count I: Conviction of Possession of a Controlled Substance (Cocaine) and Sentence of Forty-Eight (48) Years in the custody of the Mississippi Department of Corrections, as an Habitual Offender, Affirmed. Count II: Conviction of Possession of a Controlled Substance (Hydromorphone) and Sentence of Sixty (60) Years in the custody of the Mississippi Department of Corrections, as an Habitual Offender, Affirmed. Sentences shall run consecutively. Jimmie Roach taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined In Part by Graves, P.J. Chandler, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion in Part.

Amanda J. (Grassell) Bermudez Schmidt v. Brian S. Bermudez; Marshall Chancery Court; LC Case #: 03-303(A); Ruling Date: 03/31/2006; Ruling Judge: Glenn Alderson; Disposition: Motion for rehearing filed by appellant is denied. Chandler, J., not participating.

Raymond L. Pannell v. State of Mississippi; Prentiss Circuit Court; LC Case #: CR05-187 ; Ruling Date: 10/04/2006; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by counsel for the State of Mississippi 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.

Albert Edmond v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2001-0309-CI; Ruling Date: 05/04/2007; Ruling Judge: Richard Smith; Disposition: Appellant's Motion for Rehearing, considered by this Court as a Motion for Reconsideration is granted. Order entered.

Albert Edmond v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2001-0309-CI; Ruling Date: 05/04/2007; Ruling Judge: Richard Smith; Disposition: Appellant's Motion for Rehearing is denied. Order entered.

Carl James Caviness v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-07-198; Ruling Date: 05/30/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed pro se by Carl James Caviness is denied. To Deny: Waller, C.J., Graves, P.J., Randolph, Lamar and Pierce, JJ. To Dismiss as Untimely Filed: Carlson, P.J., Dickinson and Kitchens, JJ. Not Participating: Chandler, J. Order entered.

Robinson Property Group, L.P., A Mississippi Limited Partnership d/b/a Horseshoe Casino and Hotel v. Mary S. Mitchell; Tunica Circuit Court; LC Case #: 2006-0268; Ruling Date: 01/14/2008; Ruling Judge: Charles Webster; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Dickinson, J., Concurs with Separate Written Opinion Joined by Carlson, P.J., Randolph and Lamar, JJ. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined In Part by Waller, C.J. Concurring Opinion: Dickinson, J. Votes: Carlson, P.J., Randolph and Lamar, JJ., Join This Opinion. Concur in Result Only Opinion: Kitchens, J. Votes: Waller, C.J., Joins This Opinion in Part.

In Re: In the Matter of the Reinstatement of Attorney Doe; LC Case #: 2005-B-01485; Ruling Date: 07/21/2006; Disposition: Doe's Petition for Reinstatement to the Practice of Law is granted. See Opinion of this Court handed down this date.

In Re: In the Matter of the Reinstatement of Attorney Doe; LC Case #: 2005-B-01485; Ruling Date: 07/21/2006; Majority Opinion: Waller, C.J. Disposition: Doe's Petition for Reinstatement to the Practice of Law is granted. Attorney Doe taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Jennifer Erin Williamson v. William Dale Williamson; Warren County Court; LC Case #: HC 234; Ruling Judge: John Price, Jr.; Disposition: Petition for Reconsideration filed by counsel for Jennifer Erin Williamson is denied. Not Participating: Graves, P.J., and Pierce, J. Order entered.