05/31/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2010-IA-01604-SCT

Deborah Knapp and Harold Knapp v. St. Dominic-Jackson Memorial Hospital; Hinds Circuit Court 1st District; LC Case #: 251-08-966CIV; Ruling Date: 09/13/2010; Ruling Judge: W. Yerger; Majority Opinion: Kitchens, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Pierce and King, JJ., Concur. Lamar and Chandler, JJ., not participating.

Henry Curtis Jackson, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 21817 ; Ruling Date: 09/14/1991; Ruling Judge: Gray Evans; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. In accordance with Mississippi Code Annotated section 99-39-29, that such execution date be, and the same hereby is, set for Tuesday, June 5, 2012. This order shall serve as the warrant of execution of Henry Curtis Jackson, Jr., whose execution by the State of Mississippi shall occur on said date and shall be inflicted at 6:00 p.m. or as soon as possible thereafter within the next twenty-four (24) hours pursuant to Mississippi Code Annotated section 99-19-55(1). To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.

Jan Michael Brawner, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. In accordance with Mississippi Code Annotated section 99-39-29, that such execution date is hereby set for Tuesday, June 12, 2012. This order shall serve as the warrant of execution of Jan Michael Brawner, Jr., whose execution by the State of Mississippi shall occur on said date and shall be inflicted at 6:00 p.m. or as soon as possible thereafter within the next twenty-four (24) hours pursuant to Mississippi Code Annotated section 99-19-55(1). To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Deny: Kitchens, Chandler and King, JJ. Not Participating: Lamar, J. Order entered.

Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2008-CA-01700-SCT Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC v. Deborah Gayle Thornton West; Jones Chancery Court 1st District; LC Case #: 94-0191E; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2009-CA-01877-SCT Deborah Gayle Thornton West v. West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 10/20/2009; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2010-CA-00316-SCT Deborah Gayle Thornton West v. Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company, KT of Baton Rouge and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 02/09/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.

Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC v. Deborah Gayle Thornton West; Jones Chancery Court 1st District; LC Case #: 94-0191E; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2009-CA-01877-SCT Deborah Gayle Thornton West v. West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 10/20/2009; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2010-CA-00316-SCT Deborah Gayle Thornton West v. Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company, KT of Baton Rouge and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 02/09/2010; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2002-IA-01158-SCT Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.

Great American E&S Insurance Company v. Quintairos, Prieto, Wood & Boyer, P.A.; Warren Circuit Court; LC Case #: 06-0231-CI; Ruling Date: 05/29/2009; Ruling Judge: Frank Vollor; Disposition: The "Unopposed Motion to Re-Set Oral Argument" is denied. The oral argument set for June 19, 2012, at 10:30 a.m. is cancelled, and this case is submitted on the briefs and the record before this Court. Order entered.

Roger D. Green a/k/a Hugh Roger Dale Green v. State of Mississippi; Tippah Circuit Court; LC Case #: TK08-088; Ruling Date: 05/19/2009; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of sexual battery and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of sexual battery and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of touching a child for lustful purposes and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of touching a child for lustful purposes and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively to each other. Tippah County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result With Separate Written Opinion Joined In Part by Waller, C.J., Randolph, Lamar and Pierce, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Join This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

Deborah Gayle Thornton West v. West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 10/20/2009; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2008-CA-01700-SCT Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC v. Deborah Gayle Thornton West; Jones Chancery Court 1st District; LC Case #: 94-0191E; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2010-CA-00316-SCT Deborah Gayle Thornton West v. Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company, KT of Baton Rouge and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 02/09/2010; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2002-IA-01158-SCT Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.

Mark Fails and Laura Fails v. Jefferson Davis County Public School Board; Jefferson Davis Circuit Court; LC Case #: 2008-187P; Ruling Date: 12/04/2009; Ruling Judge: Michael Eubanks; Majority Opinion: Kitchens, J. Disposition: The judgments of the Court of Appeals and the Circuit Court of Jefferson Davis County are Vacated. Appeal Dismissed as moot. Appellants and Appellee taxed with costs of appeal. Votes: Lamar, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., and Randolph, J. Dissenting Opinion: Dickinson, P.J. Votes: Waller, C.J., Carlson, P.J., and Randolph, J., Join This Opinion.

Deborah Gayle Thornton West v. Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company, KT of Baton Rouge and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 02/09/2010; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2008-CA-01700-SCT Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC v. Deborah Gayle Thornton West; Jones Chancery Court 1st District; LC Case #: 94-0191E; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2009-CA-01877-SCT Deborah Gayle Thornton West v. West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 10/20/2009; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2002-IA-01158-SCT Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Deborah Gayle Thornton West is denied. Kitchens, J., would grant. Randolph, J., not participating.

Randy Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-189; Ruling Date: 02/05/2010; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Randy Johnson is denied. To Deny: All Justices. Order entered.

Donald R. Whitfield v. State of Mississippi; Monroe Circuit Court; LC Case #: CR2007-145; Ruling Date: 07/01/2010; Ruling Judge: James Pounds; Disposition: Petition for writ of certiorari filed by Donald Whitfield is denied. To Deny: All Justices. Order entered.

Joseph Patrick Brown v. State of Mississippi; Adams Circuit Court; LC Case #: 04-KV-0020-P; Ruling Date: 11/20/2009; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for rehearing filed by Joseph Patrick Brown is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.

Covington County Hospital v. Joel W. McRaney, Individually and as Administrator of the Estate of Mary P. McRaney, Deceased; Covington Circuit Court; LC Case #: 2008-355C; Ruling Date: 01/25/2012; Ruling Judge: Eddie Bowen; Disposition: Motion to Reconsider on Behalf of Defendant Covington County Hospital is dismissed. This Court's stay of the circuit court's January 31, 2012, Order Granting Motion to Compel, is lifted and this matter is remanded to the trial court for further proceedings. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Jan Michael Brawner v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief filed by counsel for Jan Michael Brawner, Jr., is denied. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. Not Participating: Lamar, J. Chandler, J., Joined by Kitchens and King, JJ., Objects with separate written statement. Carlson, P.J., for the Court. Order entered.

Jan Michael Brawner v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief filed by counsel for Jan Michael Brawner, Jr., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. Chandler, J., objects with separate written statement joined by Kitchens and King, JJ. Not Participating: Lamar, J. Carlson, P.J., for the Court. Order entered. This is to correct the previous order and statement filed on May 23, 2012 and handed down this date.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 961044(3); Ruling Date: 09/02/1997; Ruling Judge: Kathy Jackson; Disposition: On the Court's own motion, the State of Mississippi shall file responses to the Motion to Establish Schedule for Filing Petition Challenging the Performance of Prior Post-Conviction Counsel and the Motion for Expert Access to Petitioner for Testing Successive Petition for Post-Conviction Relief and for Petition for Executive Clemency by noon, Tuesday, May 29, 2012. Gary Carl Simmons, Jr., may file rebuttals by 5:00 p.m., Wednesday, May 30, 2012. Lamar, J., not participating. Order entered.