05/20/2010 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  93-DP-00494-SCT

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 Stay Execution filed by counsel for Holland is denied. Order entered.

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 for Rehearing filed by counsel for Holland is denied. Order entered.

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 for Stay of Execution filed by counsel for Holland is denied. Order entered.

Paul Everette Woodward v. State of Mississippi; Perry Circuit Court; LC Case #: 3789; Ruling Date: 09/20/1995; Ruling Judge: Richard McKenzie; Disposition: Motion to Stay Execution Pending the Disposition of Paul E. Woodward's Successor Petition for Post-Conviction Review is denied. Order entered.

Paul Everette Woodward v. State of Mississippi; Perry Circuit Court; LC Case #: 3789; Ruling Date: 09/20/1995; Ruling Judge: Richard McKenzie; Disposition: Motion for Access by Expert Physician filed by counsel for Paul Everette Woodward is dismissed without prejudice for Woodward to pursue relief from the Executive Branch. Graves, P.J., Kitchens and Chandler, JJ., object and would find that this Court has jurisdiction and that the Motion for Access by Expert Physician should be granted inasmuch as the Mississippi Department of Corrections does not permit an expert to gain access to a death row inmate without a court order. Further, an order from this Court granting the access requested would not infringe upon the power of the Executive Branch to grant or deny a pardon or commute a sentence. Order entered.

Amfed Companies, LLC and American Federated Insurance Company v. Jennifer Brown Jordan; Jones Circuit Court 1st District; LC Case #: 2003-18-CV5; Ruling Date: 07/30/2007; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by AmFed Companies, LLC and American Federated Insurance Company was granted by order of this Court on March 31, 2010. The Court now finds that the petition was improvidently granted and should be dismissed. On the Court's own motion and pursuant to Rule 17(f) of the Mississippi Rules of Appellate Procedure, the petition for writ of certiorari filed by AmFed Companies, LLC and American Federated Insurance Company is dismissed as improvidently granted. Dickinson and Pierce, JJ., disagree. Waller, C.J., for the Court. Order entered.

Danny Hurt v. State of Mississippi; Franklin Circuit Court; LC Case #: 07-KR-037A; Ruling Date: 02/15/2008; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Danny Hurt is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered.

Ronregus Flowers v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-126; Ruling Date: 12/03/2007; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Ronregus Flowers is granted. To Grant: Carlson and Graves, P.JJ., Dickinson and Kitchens, JJ. To Deny: Waller, C.J., Randolph, Lamar, Chandler and Pierce, JJ. Order entered.

In the Matter of the Adoption of D. C. S., Jr.; D. D. S.; and D. J. S.: Illinois Central Railroad Company v. J. F., V. S. and C. S.; Jefferson Chancery Court; LC Case #: 2006-005A; Ruling Date: 01/25/2008; Ruling Judge: George Ward; Disposition: Petition for writ of certiorari filed by Illinois Central Railroad Company is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ. To Deny: Graves, P.J., and Lamar, J. Order entered.

Terry Sanders v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2008-92; Ruling Date: 07/23/2008; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by Terry Sanders is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered.

J.B. Hunt Transport, Inc. v. Forrest General Hospital; Forrest Circuit Court; LC Case #: CI07-0082; Ruling Date: 08/26/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

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 for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for Holland is dismissed with prejudice. Kitchens, J., for the Court. Order entered.

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: Gerald James Holland's Motion for Permission to Submit Verification to Petition for Post-Conviction Relief is dismissed as moot. Order entered.

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 for Rehearing filed by counsel for Holland is denied. Order entered.

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 for Stay of Execution filed by counsel for Holland is denied. Order entered.

Paul Everette Woodward v. State of Mississippi; Perry Circuit Court; LC Case #: 3789; Ruling Date: 09/20/1995; Ruling Judge: Richard McKenzie; Disposition: Paul Everette Woodward's Motion for Leave to File Successor Petition for Post-Conviction Relief is dismissed with prejudice. Chandler, J., for the Court. Order entered.

Steve Knox, Michelle Byrom, Blayde Grayson, Benny Joe Stevens, Gerald Holland, Jan Michael Brawner, Rodney Gray, Jeffrey Havard, Richard Jordan, Thong Le, Willie Manning, William Mitchell, Stephen Powers, Larry Matthew Puckett, Gary Carl Simmons, and Alan Dale Walker v. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G-2010-799 S/2; Ruling Date: 05/14/2010; Ruling Judge: William Singletary; Disposition: Motion for Injunction Pending Appeal, or in the Alternative, for Issuance of the Writ of Mandamus with Entry of Injunction, filed by Gerald James Holland, et al., is denied as to Holland's request for relief. This Court's order dated May 6, 2010, in Gerald James Holland v. State of Mississippi, No., 93-DP-00494-SCT, whereby May 20, 2010, was set as Holland's date of execution, remains in full force and effect and said execution shall proceed accordingly. Order entered.