05/13/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2009-KA-00039-SCT

Andre J. Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2007-294-KR2; Ruling Date: 11/10/2008; Ruling Judge: Billy Landrum; Majority Opinion: Pierce, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Jones County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only.

Gerald James Holland v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 22497; Ruling Date: 04/02/1993; Ruling Judge: Kosta Vlahos; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is hereby granted, and that May 20, 2010, is hereby set as the date for the execution of Gerald James Holland, in the manner provided by law. This order shall serve as the Warrant of Execution of Gerald James Holland. The Response to Motion to Reset Execution Date and the Reply to State's Response to Motion for Extension of Time are denied. Order entered.

Thomas Lavirl Slade v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-201CR; Ruling Date: 08/21/2007; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Thomas Lavirl Slade is granted. To Grant: Dickinson, Kitchens, Chandler and Pierce, JJ. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph and Lamar, JJ. Order entered.

Floyd Robinson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0411-CR1; Ruling Date: 02/01/2007; Ruling Judge: Lee Howard; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Duett Landforming, Inc. v. Belzoni Tractor Co., Inc. and Deere and Company; Humphreys Circuit Court; LC Case #: 02-0051; Ruling Date: 07/27/2007; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Duett Landforming, Inc., is denied. To Deny: All Justices. Order entered.

Gilbert Ewing v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-1-109; Ruling Date: 05/22/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed pro se by Gilbert Ewing is denied. To Deny: All Justices. Order entered.

Deanie Lee, Individually and as Mother and Next Friend of Summer Jackson; Teresa A. Brown, Individually and as Mother and Next Friend of Erica Blankinchip and Ceselie Blankinchip; Guy Eric Blankinchip, Individually and as Father, Next Friend and Guardian of Erica Blankinchip and Ceselie Blankinchip; Guy Eric Blankinchip, Individually and as Administrator of the Estate of Beverly Blankinchip; J. C. Bell, Trustee and Dorothy M. Sipp v. Mississippi Department of Transportation; George Circuit Court; LC Case #: 2004-0281; Ruling Date: 02/08/2008; Ruling Judge: Kathy Jackson; Disposition: Motion for writ of certiorari filed by counsel for Deanie Lee, et al., is hereby dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Not Participating: Pierce, J. Order entered.

Rubin Renfrow v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-174K; Ruling Date: 05/02/2008; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Rubin Renfrow is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Randolph, J. Order entered.

Edgar Patton v. State of Mississippi; Marion Circuit Court; LC Case #: K06-0198P; Ruling Date: 09/05/2008; Ruling Judge: R. Prichard, III; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Marion County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Specially Concurs with Separate Written Opinion Joined by Dickinson, J.; Graves, P.J., Joins in Part. Specially Concurring Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion. Graves, P.J., Joins This Opinion in Part.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Disposition: Motion for rehearing filed by Transocean Enterprise, Inc., is denied. Kitchens, J., would deny the rehearing and modify opinion.

Walter Akins d/b/a Akins Construction Company v. Golden Triangle Planning & Development District, Inc.; Oktibbeha Circuit Court; LC Case #: 2006-0502-CV; Ruling Date: 12/18/2008; Ruling Judge: Lee Howard; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Kitchens and Pierce, JJ., Concur. Randolph, J., Dissents With Separate Written Opinion Joined by Dickinson, Lamar and Chandler, JJ. Dissenting Opinion: Randolph, J. Votes: Dickinson, Lamar and Chandler, JJ., Join This Opinion.

Thomas J. Amerson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 09-CV-016(W); Ruling Date: 03/12/2009; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed pro se by Thomas J. Amerson is denied. To Deny: All Justices. Order entered.

Justin Underwood a/k/a Justin H. Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: John Toney; Disposition: Motion for Relief from Judgment or for Leave to File Successor Petition for Post-Conviction Relief filed by petitioner is denied. See Opinion of this Court handed down this date.

Justin Underwood a/k/a Justin H. Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: John Toney; Majority Opinion: Kitchens, J. Disposition: Leave to Seek Post-Conviction Relief denied. Madison County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

The Carl Ronnie Daricek Living Trust v. Hancock County, Mississippi, Acting By and Through Its Board of Supervisors and the Hancock County Road Protection Commission; Hancock Circuit Court; LC Case #: 09-400; Ruling Date: 08/31/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Consolidated with 2009-IA-01514-SCT Ernest Beckemeyer, III v. Hancock County, Mississippi, Acting By and Through Its Board of Supervisors and the Hancock County Road Protection Commission; Hancock Circuit Court; LC Case #: 09-398; Ruling Date: 08/31/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Consolidated with 2009-IA-01515-SCT Lisa K. Fitch, Sandra K. Goodwin and Ann K. Englehorn v. Hancock County, Mississippi, Acting By and Through Its Board of Supervisors and the Hancock County Road Protection Commission; Hancock Circuit Court; LC Case #: 09-399; Ruling Date: 08/31/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Randolph, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.