05/03/2012 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-CA-02002-SCT

Stephen Brian Smith and Melissa Luann Smith v. Larry Wilson and Charlotte Wilson; Lowndes Chancery Court; LC Case #: 2010-0366-D; Ruling Date: 11/29/2010; Ruling Judge: H. Davidson, Jr.; Majority Opinion: King, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Joseph Bishop Goff v. State of Mississippi; George Circuit Court; LC Case #: 2004-10,092(3); Ruling Date: 05/28/2009; Ruling Judge: Dale Harkey; Disposition: On the Court's own motion, Goff's application for leave to seek post-conviction relief is hereby stayed indefinitely pending Goff's mental health treatment and notice from the trial court that Goff is again competent to proceed. At such time, the State may file a motion to lift this Court's stay. The State shall furnish this Court with copies of all reports filed in the trial court concerning Goff's mental state. Order entered.

Bennie E. Braswell, Jr. v. Beth Stinnett, D.D.S., Individually and d/b/a Family Dentistry; Marshall Circuit Court; LC Case #: M2007-066; Ruling Date: 11/07/2009; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by counsel for Beth Stinnett, D.D.S., is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Waller, C.J., Chandler and King, J. Order entered.

Mississippi Windstorm Underwriting Association, Hartford Fire Insurance Company, Hartford Casualty Insurance Company, Hartford Insurance Company of the Midwest and Hartford Accident & Indemnity Company v. Union National Fire Insurance Company, United States Fire Insurance Company, A Subsidiary of Crum & Forster Holding, Inc., RLI Insurance Company, OneBeacon Insurance Group, Aegis Security Insurance Company, Zurich American Insurance Company (for itself and its subsidiaries who are members of MWUA), Homesite Insurance Company, Farmer Insurance Group of Companies and Allstate Property & Casualty Insurance Company AND Aegis Security Insurance Company, Homesite Insurance Company and Union National Fire Insurance Company v. Allstate Property and Casualty Insurance Company; Hinds Chancery Court 1st District; LC Case #: G-2007-2019 T/1; Ruling Date: 12/15/2009; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by Appellees is denied. Dickinson, P.J., would grant.

Empire Abrasive Equipment Corporation, Unimin Corporation, Specialty Sand Company, Lone Star Industries, Inc., Pearl Sands, Inc., Pearl Specialty Sands, Inc., Clark Sand Company, Clemco Industries Corporation, Custom Aggregates and Grinding, Inc., Hanson Aggregates, Inc., Pangborn Corporation, Precision Packaging, Inc., Southern Silica of Louisiana, Inc., and Mine Safety Appliances v. Henry S. Morgan, Jr., Individually and on Behalf of all Wrongful Death Beneficiaries of Henry Morgan, Sr., Deceased; Adams Circuit Court; LC Case #: 07-KV-0107-J; Ruling Date: 01/21/2010; Ruling Judge: Forrest Johnson, Jr.; Consolidated with 2010-IA-00250-SCT Mine Safety Appliance Company, Specialty Sand Company, and Unimin Corporation v. Henry S. Morgan, Jr., Individually and on Behalf of all Wrongful Death Beneficiaries of Henry Morgan, Sr., Deceased; Adams Circuit Court; LC Case #: 07-KV-0107-J; Ruling Date: 01/21/2010; Ruling Judge: Forrest Johnson, Jr.; Consolidated with 2010-IA-00255-SCT Clark Sand Company, Inc., et al. v. Henry Morgan, Jr., Individually and on Behalf of All Wrongful Death Beneficiaries of Henry Morgan, Sr., Deceased; Adams Circuit Court; LC Case #: 07-KV-0107-J; Ruling Date: 01/21/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar and Pierce, 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.

Charles Harris v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0075; Ruling Date: 04/21/2010; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by Charles Harris is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph and Pierce, JJ. Order entered.

Freddie Joe Carter v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2008-753; Ruling Date: 03/25/2010; Ruling Judge: John Gargiulo ; Disposition: Petition for writ of certiorari filed by Freddie Joe Carter is denied. To Deny: All Justices. Order entered.

William Lee Green v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0050-CI; Ruling Date: 05/18/2010; Ruling Judge: M. Chaney, Jr.; Disposition: Petition for writ of certiorari filed by William L. Green is denied. To Deny: All Justices. Order entered.

Sherida C. Powell v. James Samuel Powell; Jones Chancery Court 2nd District; LC Case #: 2008-0781; Ruling Date: 05/12/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Sherida C. Powell is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Grant: Pierce, J. Order entered.

Daniel Zachary Ross v. State of Mississippi; Lee Circuit Court; LC Case #: CV10-191(R)L; Ruling Date: 08/19/2010; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed pro se by Daniel Zachary Ross is denied. To Deny: All Justices. Order entered.

William R. Cromwell v. Mississippi Department of Employment Security and Big M Transportation, Inc.; Marshall Circuit Court; LC Case #: CV2009-000685; Ruling Date: 06/14/2010; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed pro se by William R. Cromwell is denied. To Deny: All Justices. Order entered.

Jeffrey Keller Davis v. State of Mississippi; Greene Circuit Court; LC Case #: 2002-12-091(1); Ruling Date: 06/29/2010; Ruling Judge: Robert Krebs; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Greene County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and King, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Pierce, J. Dissenting Opinion: Chandler, J. Votes: Pierce, J., Joins This Opinion.

Benjamin White v. State of Mississippi; Madison Circuit Court; LC Case #: CI2009-0596-C; Ruling Date: 10/08/2010; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Benjamin White is denied. To Deny: All Justices. Order entered.

Joseph Dewayne Johnson v. Sysco Food Services and New Hampshire Insurance Company; Hinds Workers' Compensation Commission 1st District; LC Case #: 0805029-K-0863-E; Ruling Date: 07/01/2011; Ruling Judge: Liles Williams; Majority Opinion: Dickinson, P.J. Disposition: Direct Appeal Assigned to the Court of Appeals. Votes: Randolph, Lamar, Pierce and King, JJ., Concur. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., Lamar and Pierce, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., and Chandler, J. Specially Concurring Opinion: Randolph, J. Votes: Dickinson, P.J., Lamar and Pierce, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., Carlson, P.J., and Chandler, J., Join This Opinion.