05/12/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2009-CA-01166-SCT

Deviney Construction Company, Inc. v. David Scott Marble; Hinds Circuit Court 1st District; LC Case #: 251-07-772CIV; Ruling Date: 05/11/2009; Ruling Judge: Tomie Green; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur. Waller, C.J., not participating.

Betty Arnold, Ronnie Arnold and Jerry Arnold v. Wayne Hight, Individually and d/b/a Forrest Memorial Park; Alcorn Circuit Court; LC Case #: CV09-366-PA; Ruling Date: 12/17/2009; Ruling Judge: James Pounds; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114 ; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Disposition: Motion to Set Execution Date filed by the State of Mississippi is granted. The execution of Robert Simon, Jr., shall take place on May 24, 2011, in the manner provided by law. It is further ordered that this order shall serve as the warrant of execution for Robert Simon, Jr. Dickinson, P.J., not participating. Order entered.

Benny Joe Stevens v. State of Mississippi; Marion Circuit Court; LC Case #: K99-0001; Ruling Date: 12/04/1999; Ruling Judge: Michael Eubanks; Disposition: Motion to Stay Execution is denied. Dickinson, P.J., not participating. Order entered.

Benny Joe Stevens v. State of Mississippi; Marion Circuit Court; LC Case #: K99-0001; Ruling Date: 12/04/1999; Ruling Judge: Michael Eubanks; Disposition: The Renewed Motion to Stay Execution, filed by counsel for Stevens, is denied. Dickinson, P.J., not participating. Order entered.

Clinton Wyatt Nolan v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2006-0894CD; Ruling Date: 03/05/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Circuit Court of DeSoto County is Affirmed. Conviction of Manslaughter and sentence of seven (7) years in the custody of the Mississippi Department of Corrections and thirteen (13) years of post-release supervision, with five (5) years reporting and eight (8) years non-reporting, Affirmed. Appellant taxed with costs of appeal. Votes: Lamar and Pierce, JJ., Concur. Randolph, J., Concurs in Part and in Result With Separate Written Opinion Joined by Chandler, J. Carlson, P.J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. King, J., not participating. Concurring in Part and in Result Opinion: Randolph, J. Votes: Chandler, J., Joins This Opinion. Dissenting Opinion: Carlson, P.J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Jerry McBride v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0021; Ruling Date: 02/20/2008; Ruling Judge: Charles Webster; Majority Opinion: Waller, C.J. Disposition: Conviction of sexual battery and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Sentence shall run consecutively with any and all sentences previously imposed. Coahoma County taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. King, J., not participating. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Loni Marie Rutland v. State of Mississippi; Franklin Circuit Court; LC Case #: 06-KR-039; Ruling Date: 08/24/2007; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by Loni Marie Rutland is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.

Rodney Sands and Aqui Demetrius Rhodes v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: 2007-64H; Ruling Date: 04/16/2009; Ruling Judge: Prentiss Harrell; Disposition: Motion for Issuance of Separate Mandate for Rodney Sands filed by counsel for Sands is granted. King, J., not participating.

A. B. v. Y. Z.; Perry Chancery Court; LC Case #: 2009-0018; Ruling Date: 09/28/2009; Ruling Judge: Joe Walker; Disposition: Motion for rehearing filed by Appellant, pro se, is denied. Dickinson, P.J., and Lamar, J., would grant. Randolph, Pierce and King, JJ., not participating.

Clear Channel Outdoor, Inc. v. Board of Supervisors of DeSoto County, Mississippi and Desoto County Planning Commission; DeSoto Circuit Court; LC Case #: 2009-CV-0261; Ruling Date: 03/25/2010; Ruling Judge: Andrew Baker; Disposition: Joint Motion for Voluntary Dismissal is granted. Each party shall pay their respective fees and costs and any further costs of this Court to be assessed against Clear Channel Outdoor. Pierce, J., for the Court. Order entered.

Azki Shah v. The Mississippi Bar; Disposition: Petition of Azki Shah for Reinstatement to the Practice of Law in the State of Mississippi is granted conditional on passage of the Mississippi Bar Examination. King, J., not participating.

Azki Shah v. The Mississippi Bar; Majority Opinion: Lamar, J. Disposition: Petition of Azki Shah for Reinstatement to the Practice of Law in the State of Mississippi is granted conditional on passage of the Mississippi Bar Examination. Azki Shah taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Randolph, J. King, J., not participating. Dissenting Opinion: Waller, C.J. Votes: Randolph, J., Joins This Opinion.

In the Matter of the Reinstatement of Christopher Cofer: Christopher Cofer v. The Mississippi Bar; Disposition: Motion to Withdraw Petition for Reinstatement Due to Death of Christopher Cofer, filed by counsel of record for petitioner, is granted and this case is dismissed as moot. Costs are taxed to the estate of the Petitioner, Christopher Cofer. Carlson, P.J., for the Court. Order entered.

In the Matter of the Reinstatement of Christopher Cofer: Christopher Cofer v. The Mississippi Bar; Disposition: Motion to Withdraw Petition for Reinstatement Due to Death of Christopher Cofer, filed by counsel of record for petitioner, is granted and this case is dismissed as moot. Costs are taxed to the estate of the Petitioner, Christopher Cofer. Carlson, P.J., for the Court. Order entered.

Illinois Central Railroad Company v. Carlos Mooney; Hinds Circuit Court 1st District; LC Case #: 251-10-460CIV; Ruling Date: 02/18/2011; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal of Illinois Central Railroad Company is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. This matter is hereby remanded to the Circuit Court of the First Judicial District of Hinds County, Mississippi, for entry of an order transferring its case number 251-10-460 to DeSoto County, Mississippi. Illinois Central's Motion of Petitioner to Strike Portions of Respondent's Response to Petition for Interlocutory Appeal is dismissed as moot. Respondent is taxed with all costs of this appeal. Order entered.

Illinois Central Railroad Company v. Carlos Mooney; Hinds Circuit Court 1st District; LC Case #: 251-10-460CIV; Ruling Date: 02/18/2011; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal of Illinois Central Railroad Company is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. This matter is hereby remanded to the Circuit Court of the First Judicial District of Hinds County, Mississippi, for entry of an order transferring its case number 251-10-460 to DeSoto County, Mississippi. Illinois Central's Motion of Petitioner to Strike Portions of Respondent's Response to Petition for Interlocutory Appeal is dismissed as moot. Respondent is taxed with all costs of this appeal. Order entered.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; Ruling Judge: Albert Smith, III; Disposition: Motion for Leave to Proceed in the Circuit Court on a Petition for Post-Conviction Relief to Determine Incompetency to be Executed filed by Robert Simon, Jr., is denied. Dickinson, P.J., not participating. Randolph, J., for the Court. Order entered.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; Ruling Judge: Albert Smith, III; Disposition: Motion for Appointment of Counsel, inter alia filed by Petitioner is dismissed as moot. Dickinson, P.J., not participating. Order entered.

Mississippians Educating for Smart Justice, Inc., Mississippi Cure, Inc., Robert Simon, Rodney Gray a/k/a Rodney Fitge Gray and Benny Joe Stevens v. Mississippi Department of Corrections a/k/a MDOC; Hinds Circuit Court 1st District; LC Case #: 251-11-335CIV; Ruling Date: 04/21/2011; Ruling Judge: William Gowan, Jr.; Disposition: The Emergency and Expedited Motion for Injunction Pending Appeal filed by Appellants is denied. Dickinson, P.J., not participating. Order entered.

Benny Joe Stevens v. State of Mississippi; Marion Circuit Court; LC Case #: K99-0001; Ruling Date: 12/04/1999; Ruling Judge: Prentiss Harrell; Disposition: Motion for Leave to file Successive Petition for Post-Conviction Relief is denied. Dickinson, P.J., not participating. Chandler, J., for the Court. Order entered.

Benny Joe Stevens v. State of Mississippi; Marion Circuit Court; LC Case #: K99-0001; Ruling Date: 12/04/1999; Ruling Judge: Prentiss Harrell; Disposition: Motion for Clarification or Modification of Order, filed by counsel for the State of Mississippi is denied. Dickinson, P.J., not participating. Order entered.