05/28/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2008-KA-01687-SCT

Donald Ray Tobias v. State of Mississippi; Amite Circuit Court; LC Case #: 07-KR-021; Ruling Date: 02/20/2008; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Conviction of armed robbery and sentence of thirteen (13) years in the custody of the Mississippi Department of Corrections, Affirmed. After appellant has served three (3) years of said sentence, with full credit for any time already served, the remaining ten (10) years are to be served on post-release supervision for a period of ten (10) years, with conditions, Affirmed. Appellant is further ordered to pay restitution to the victim of $231.44 and all court costs and any fees incurred by Amite County. Amite County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Timothy Wayne Wallace v. State of Mississippi; Tate Circuit Court; LC Case #: CR2007-61-BT; Ruling Date: 04/29/2008; Ruling Judge: Andrew Baker; Majority Opinion: Randolph, J. Disposition: Count l: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count 2: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences to be served consecutively. Tate County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Greene County, Mississippi, John Marshall Eubanks, Tommy Roberts and Marion Pierce v. Corporate Management, Inc.; Greene Chancery Court; LC Case #: 2005-134-PW; Ruling Date: 03/16/2007; Ruling Judge: T. Griffis, Jr.; Consolidated with 2008-CA-00122-SCT Corporate Management, Inc. v. Greene County, Mississippi; Greene Chancery Court; LC Case #: 2005-134-PN; Ruling Date: 12/13/2007; Ruling Judge: T. Griffis, Jr.; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Corporate Management, Inc. taxed with costs of appeals. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., and Pierce, J., not participating.

DR. K.B. and DR. R.M. v. J.G.; Sunflower Chancery Court; LC Case #: 2007-0123; Ruling Date: 02/13/2008; Ruling Judge: Jane Weathersby; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Jerry Wayne Duckworth v. David Carrol Warren, Bart Walker Individually and as Agent, Servant, Employee and State Trooper of the State of Alabama, the State of Alabama, Ray Stockman, Individually and as Agent, Servant and Employee of Emergystat, Inc.; Emergystat, Inc., a Corporation; Monroe Circuit Court; LC Case #: CV-04-062-AM; Ruling Date: 08/13/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion. Dissenting Opinion: Pierce, J.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that Rule 801 and its Comment of the Mississippi Rules of Evidence are amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2009. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. To Deny: Randolph, J. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that the Comment to Rule 803 of the Mississippi Rules of Evidence is amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2009. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. To Grant: All Justices. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that Rule 608 and Comment of the Mississippi Rules of Evidence is amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2009. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. To Deny: Dickinson, Randolph and Chandler, JJ. Not Participating: Kitchens, J. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is granted to the extent that Rule 609 and Comment of the Mississippi Rules of Evidence is amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2009. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. To Deny: Dickinson, Randolph and Chandler, JJ. Order entered.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition to Amend Rule 3 and Regulation 3.12.1 of the Mississippi Rules and Regulations for Mandatory Continuing Legal Education filed by The Mississippi Bar is granted. Regulation 3.12.1 of the Mississippi Rules and Regulations for Mandatory Continuing Legal Education is amended, effective July 1, 2009, as set forth in Exhibit A hereto. The Clerk of this Court shall enter this order on the minutes of the Court and that a true certified copy be forwarded to West Publishing Company for publication in the Southern Reporter Third (Mississippi Edition) and the Mississippi Rules of Court. To Deny: Kitchens, J. Not Participating: Graves, P.J. Order entered.

In Re: Authorization of Court Annexed Mediation In Chancery, Circuit and County Courts; Disposition: On the Court's own motion, the request to amend Section X of the Court Annexed Mediation Rules for Civil Litigation submitted by The Mississippi Bar is granted. Section X is amended as set forth in Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and a true certified copy be forwarded to West Publishing Company for publication in Southern Reporter, Third Series (Mississippi Edition) and the Mississippi Rules of Court. To Deny: Kitchens, J. Not Participating: Graves, P.J. Order entered.

Keith Duran Sanders v. State of Mississippi; Neshoba Circuit Court; LC Case #: 03-CR-036-NS-G; Ruling Date: 11/11/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Neshoba County taxed with costs of appeal. Votes: Carlson, P.J., Dickinson and Lamar, JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Dickinson, J. Waller, C.J., Dissents with Separate Written Opinion Joined by Randolph and Chandler, JJ. Graves, P.J., not participating. Concur in Result Only Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion. Dissenting Opinion: Waller, C.J. Votes: Randolph and Chandler, JJ., Join This Opinion.

Legacy Care, Inc., Legacy Health Care Services, Inc., American Legacy Properties, LLC f/k/a Greenville Convalescent Home d/b/a Legacy Manor Nursing & Rehabilitation Center, H. Ken Beebe, Jr., and Greenville Convalescent Home, Inc. v. Susie Green, by and through Tressie Green, Next Friend for the Use and Benefit of Susie Green; Washington Circuit Court; LC Case #: CI2004-198; Ruling Date: 02/07/2006; Ruling Judge: Richard Smith; Disposition: Appellants' Motion to Dismiss Appeal is granted. This appeal is dismissed upon entry of this order. All costs of the appeal are to be borne by the appellants. Lamar, J., for the Court. Order entered.

Joseph Bishop Goff v. State of Mississippi; George Circuit Court; LC Case #: 2004-10,092(3); Ruling Date: 05/06/2005; Ruling Judge: Dale Harkey; Majority Opinion: Pierce, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Count II: Conviction of Arson (second degree) and Sentence of Ten (10) Years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence in Count II is to run consecutive to the sentence in Count I. George County taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Carlson, P.J., Randolph, Lamar and Pierce, JJ. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Carlson, P.J., Dickinson, Lamar and Pierce, JJ. Waller, C.J., Dissents with Separate Written Opinion Joined by Graves, P.J. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler, J. Specially Concurring Opinion: Dickinson, J. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Join This Opinion. Specially Concurring Opinion: Randolph, J. Votes: Carlson, P.J., Dickinson, Lamar and Pierce, JJ., Join This Opinion. Dissenting Opinion: Waller, C.J. Votes: Graves, P.J., Joins This Opinion. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion.

Ferlando Esco v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0522; Ruling Date: 08/14/2006; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Ferlando Esco is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J.

Kenivel Smith v. State of Mississippi; Tunica Circuit Court; LC Case #: 2005-0159; Ruling Date: 10/17/2006; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Graves, P.J., and Kitchens, J. Not Participating: Chandler, J. Order entered.

Michael S. Henry, James N. Henry, William Henry, Larry H. Henry and David N. Henry v. John S. Moore and Karen J. Moore; Oktibbeha Chancery Court; LC Case #: 2000-0188; Ruling Date: 02/05/2007; Ruling Judge: C. Malski; Disposition: Petition for writ of certiorari filed by the petitioners is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S-M; Ruling Date: 09/21/2007; Ruling Judge: Sarah Springer; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee 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.

Wade David Lafont v. State of Mississippi; Rankin Circuit Court; LC Case #: 17,681; Ruling Date: 09/19/2007; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Wade David Lafont is denied. To Deny: Waller, P.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

In Re: Sorie S. Tarawally; Hinds Youth Court 1st District; Ruling Judge: William Skinner, II; Disposition: On the Court's own motion, Special Judge Joe Webster is directed to rule in this matter. This matter is hereby remanded to the Hinds County Court for entry of a final disposition. The final disposition shall be entered within thirty (30) days of this order. Not Participating: Waller, C.J. Order entered.

In Re: Leland Democratic Executive Committee; Washington Circuit Court; LC Case #: 2009-0091CI; Ruling Judge: Vernon Cotten; Disposition: The Emergency Petition for Rehearing of Ruling on Emergency Motion for Leave to File Motion to Modify and/or Clarify Order of Dismissal is granted; that the Corrected Order entered on May 21, 2009 by a three-justice panel of this Court is vacated; and that the relief requested in the Emergency Motion for Leave to File Motion to Modify and/or Clarify Order of Dismissal is denied. Order entered.

Curressia Brown v. Sheriel F. Perkins; Leflore Circuit Court; LC Case #: 2009-0028-CICI; Ruling Date: 05/13/2009; Ruling Judge: Andrew Howorth; Disposition: On the Court's own motion, the judgment of the Leflore County Circuit Court is affirmed and this Court's opinion will follow in due course. Lamar, J., for the Court. Order entered.

Curressia Brown v. Sheriel F. Perkins; Leflore Circuit Court; LC Case #: 2009-0028-CICI; Ruling Date: 05/13/2009; Ruling Judge: Andrew Howorth; Disposition: On the Court's own motion, the judgment of the Leflore County Circuit Court is affirmed without opinion of this Court; the appellant shall bear the costs of this appeal; that no motion for rehearing will be permitted in this appeal; and the mandate of this Court shall issue immediately upon the entry of this order. Lamar, J., for the Court. Order entered.

Tim Rogers v. Richard Cain, The Town of Ackerman, Mississippi and The Election Commission of the Town of Ackerman, MS; Choctaw Circuit Court; LC Case #: 2009-0034-CV; Ruling Date: 05/15/2009; Ruling Judge: Edward Prisock; Disposition: On the Court's own motion, the judgment of the trial court is reversed and this cause is remanded to the Circuit Court of Choctaw County for further proceedings. The appellees shall bear the costs of this appeal, that no motion for rehearing will be permitted, and that the mandate of this Court shall issue immediately upon the entry of this order. This order shall be published in the Southern Reporter. Carlson and Graves, P.JJ., and Chandler, J., would affirm. Kitchens, J., for the Court. Order entered.