04/23/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2013-KA-01240-SCT

Joseph Cook v. State of Mississippi; Rankin Circuit Court; LC Case #: 24,466; Ruling Date: 04/11/2013; Ruling Judge: John Emfinger; Majority Opinion: Kitchens, J. Disposition: Count I: Conviction of Sexual Battery and Sentence of Life Imprisonment, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Count II: Conviction of Sexual Battery and Sentence of Life Imprisonment, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Count III: Conviction of Directing or Causing a Felony to be committed by a person under 17 years of age and sentence of Twenty (20) Years, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Said Sentences shall not be reduced nor suspended; nor shall the Appellant be eligible for parole or probation. Said Sentences imposed shall run Concurrently with each other. The Appellant shall pay court costs, fees and assessments in the amount of $421.50 and a fine in the amount of $10,000 within six months of release. The Appellant shall be given credit for time served in pretrial detainment. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Cynthia S. Woodall, Individually, as Administratrix of The Estate, and On Behalf of All Wrongful Death Beneficiaries, of Clifton Woodall, Deceased v. AAA Ambulance Service, Inc.; Pike Circuit Court; LC Case #: 12-054-PCT; Ruling Date: 11/04/2013; Ruling Judge: Michael Taylor; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

City of Magee v. Connie D. Jones, Devin Tyler Jones, A Minor by Connie D. Jones, Adult and Next Friend; Laurin Jones, A Minor by Connie D. Jones, Adult and Next Friend; and Kristen Jones, A Minor by Connie D. Jones, Adult and Next Friend; Simpson Circuit Court; LC Case #: 2008-301; Ruling Date: 11/26/2013; Ruling Judge: Eddie Bowen; Majority Opinion: Waller, C.J. Disposition: Vacated and Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Result Only Without Separate Written Opinion. Pierce, J., Dissents With Separate Written Opinion. Dissenting Opinion: Pierce, J.

Richard Dean v. Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan; Jackson Chancery Court; LC Case #: 2006-1049-JB; Ruling Date: 03/25/2009; Ruling Judge: Jaye Bradley; Consolidated with 2012-CT-01548-SCT Richard Dean v. Katie C. Slade, L. Guy Jackson, Flora S. Nichols Ragan and Jan Dean; Jackson Chancery Court; LC Case #: 2006-1049CB; Ruling Date: 04/24/2012; Ruling Judge: G. Bordis, IV; Disposition: The Motion to Stay Mandate pending Petition for Writ of Certiorari to the Supreme Court of the United States filed pro se by Appellant is granted. The mandate of this Court is stayed until final disposition of this matter by the United States Supreme Court. Order entered.

Richard Dean v. Katie C. Slade, L. Guy Jackson, Flora S. Nichols Ragan and Jan Dean; Jackson Chancery Court; LC Case #: 2006-1049CB; Ruling Date: 04/24/2012; Ruling Judge: G. Bordis, IV; Consolidated with 2009-CT-01793-COA Richard Dean v. Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan; Jackson Chancery Court; LC Case #: 2006-1049-JB; Ruling Date: 03/25/2009; Ruling Judge: Jaye Bradley; Disposition: The Motion to Stay Mandate pending Petition for Writ of Certiorari to the Supreme Court of the United States filed pro se by Appellant is granted. The mandate of this Court is stayed until final disposition of this matter by the United States Supreme Court. Order entered.

Bertram Hill, Individually, Jenanne Mooneyhan and Rachael Phillips, as Wrongful Death Beneficiaries of David Mooneyhan v. City of Horn Lake, Mississippi; DeSoto Circuit Court; LC Case #: CV2009-0228; Ruling Date: 10/04/2012; Ruling Judge: Robert Chamberlin; Disposition: The Motion for Rehearing filed by the Appellants is denied. The January 15, 2015 opinion is modified at paragraph 22. Kitchens and King, JJ., would grant. Lamar, J., not participating.

Larry Jarrett and Dixie Products Company v. Robert Houston Dillard, Executor of the Estate of Roy F. Dillard, Deceased; Pontotoc Circuit Court; LC Case #: CV-09-195-G(PO); Ruling Date: 12/04/2012; Ruling Judge: Thomas Gardner, III; Disposition: The Petition for Writ of Certiorari filed by Robert Houston Dillard is granted. To Grant: Waller, C.J., Kitchens, Chandler and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Order entered.

Lowndes County, Mississippi by and Through its Board of Supervisors v. Hal H.H. McClanahan, III, McClanahan Camp, LLC, Julie Gartman and Dennis Gartman; Lowndes Circuit Court; LC Case #: 2012-0026-CV1; Ruling Date: 02/04/2013; Ruling Judge: Henry Lackey; Majority Opinion: Dickinson, P.J. Disposition: The Judgments of the Court of Appeals and the Circuit Court of Lowndes County are Reversed and the case is Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Christopher Conway Boyd a/k/a Christopher C. Boyd a/k/a Christopher Boyd v. State of Mississippi; Tate Circuit Court; LC Case #: CV2012-180-SMT; Ruling Date: 03/18/2013; Ruling Judge: Smith Murphey; Consolidated with 2013-CT-00684-SCT Christopher Conway Boyd a/k/a Christopher C. Boyd a/k/a Christopher Boyd v. State of Mississippi; Tate Circuit Court; LC Case #: CV2012-181-SMT; Ruling Date: 03/18/2013; Ruling Judge: Smith Murphey; Disposition: The Motion to Recall Mandate filed by Christopher Conway Boyd is denied. The Petition for Writ of Certiorari filed by Boyd is dismissed. Order entered.

Christopher Conway Boyd a/k/a Christopher C. Boyd a/k/a Christopher Boyd v. State of Mississippi; Tate Circuit Court; LC Case #: CV2012-181-SMT; Ruling Date: 03/18/2013; Ruling Judge: Smith Murphey; Consolidated with 2013-CT-00681-SCT Christopher Conway Boyd a/k/a Christopher C. Boyd a/k/a Christopher Boyd v. State of Mississippi; Tate Circuit Court; LC Case #: CV2012-180-SMT; Ruling Date: 03/18/2013; Ruling Judge: Smith Murphey; Disposition: The Motion to Recall Mandate filed by Christopher Conway Boyd is denied. The Petition for Writ of Certiorari filed by Boyd is dismissed. Order entered.

Ricky Chase a/k/a Ricky Roy Chase v. State of Mississippi; Copiah Circuit Court; LC Case #: 13,941-CR; Ruling Date: 05/06/2013; Ruling Judge: Lamar Pickard; Majority Opinion: Chandler, J. Disposition: Affirmed. Copiah County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Pierce and Coleman, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Waller, C.J., and King, J. Kitchens, J., not participating. Dissenting Opinion: Dickinson, P.J. Votes: Waller, C.J., and King, J., Join This Opinion.

Ironwood Plantation Development, LLC, Wanchai Suebhongsang, Johnny B. Jordan and Community First Development, Inc. v. Citizens National Bank; Madison Chancery Court; LC Case #: 2009-492-G; Ruling Date: 08/14/2013; Ruling Judge: Janace Goree; Disposition: The Motion for Rehearing filed by the Appellants is denied.

Bobby Batiste a/k/a Bobby L. Batiste a/k/a Bobby L. Batiste, Jr. a/k/a Bobby Lionel Batiste, Jr. a/k/a Bobby Lionel Batiste v. State of Mississippi`; Oktibbeha Circuit Court; LC Case #: 2008-0149-CR; Ruling Date: 05/16/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The Motion to Stay Post-Conviction Proceedings; Allow Supplemental Briefing; and Allow Trial Court to Maintain Jurisdiction on Pending Discovery Matters is granted. Post-Conviction proceedings in this matter shall be stayed for a period of thirty (30) days after the entry of this order. No further stays will be granted absent proper justification from the parties. Batiste may file a supplemental brief within ten (10) days after the thirty-day stay. Within Ten (10) days after the filing of Batiste's supplemental brief, the State of Mississippi may file a response. Order entered.

Marvin Kirk v. State of Mississippi; Madison Circuit Court; LC Case #: 2013-0188; Ruling Date: 10/09/2013; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by the Appellant is denied.

Mine Safety Appliance Company v. Huey P. Holmes; Jefferson Circuit Court; LC Case #: 2007-63; Ruling Date: 09/23/2013; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

Jason Isham a/k/a Jason C. Isham a/k/a Jason Clark Isham v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2012-814-GCD1; Ruling Date: 01/16/2014; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. DeSoto County taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Result Only With Separate Written Opinion Joined by Chandler and Pierce, JJ. Waller, C.J., not participating. Concur in Result Only Opinion: Randolph, P.J. Votes: Chandler and Pierce, JJ., Join This Opinion.