06/04/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2007-CC-02189-SCT

Mississippi Department of Human Services v. Carolyn K. McNeel; Winston Circuit Court; LC Case #: 2006-139-CVL; Ruling Date: 11/20/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Randolph, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

The Colom Law Firm, LLC and Monique Brooks Montgomery v. Board of Trustees, Columbus Municipal School District in Their Official Capacity and Dunn & Hemphill, P.A.; Lowndes Chancery Court; LC Case #: 2004-1098-B; Ruling Date: 02/07/2008; Ruling Judge: Jon Barnwell; Majority Opinion: Dickinson, J. Disposition: Appeal Dismissed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Joel Scott Spires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-06-00581; Ruling Date: 03/27/2008; Ruling Judge: Roger Clark; Majority Opinion: Dickinson, J. Disposition: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without parole, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined In Part by Graves, P.J. Concur in Result Only Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion in Part.

American States Insurance Company v. Ellis R. Rogillio; Amite Circuit Court; LC Case #: 07-CV-026-J; Ruling Date: 05/29/2008; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Graves, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Dickinson, J., Concurs in Part and in Result. Kitchens, J., not participating.

Gregory S. Dalton, Individually and d/b/a Louisville Electronics v. Cellular South, Inc.; Winston Circuit Court; LC Case #: 2006-013-CV-L; Ruling Date: 04/04/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Gregory S. Dalton and d/b/a Louisville Electronics is granted. To Grant: Graves, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Waller, C.J., and Carlson, P.J. Not Participating: Chandler, J. Order entered.

Billy G. Austin and Agnes H. Austin v. Thurman L. Carpenter and Gladys L. Carpenter; Tishomingo Chancery Court; LC Case #: 2006-095-71-MM; Ruling Date: 08/23/2007; Ruling Judge: C. Malski; Disposition: Petition for writ of certiorari filed by Billy G. Austin and Agnes H. Austin is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss as Untimely Filed: Dickinson, J. Order entered.

Jermaine Neal v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR2006-45-B(TI); Ruling Date: 09/18/2007; Ruling Judge: Andrew Baker; Majority Opinion: Chandler, J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Tallahatchie County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion. Kitchens, J., Specially Concurs with Separate Written Opinion Joined by Carlson and Graves, P.JJ., and Dickinson and Chandler, JJ., and Joined in Part by Randolph, J. Lamar, J., not participating. Specially Concurring Opinion: Kitchens, J. Votes: Carlson and Graves, P.JJ., Dickinson and Chandler, JJ., Join This Opinion. Randolph, J., Joins This Opinion in Part.

Grover Vanduran Hairston v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 925-06; Ruling Date: 10/24/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: Hairston's pro se petition for writ of certiorari is hereby dismissed pursuant to M.R.A.P. 17(b). Order entered.

Willie S. Thomas v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2007-0436-CV; Ruling Date: 10/19/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Willie S. Thomas 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.

Edward E. Shelnut v. The Department of Human Services of The State of Mississippi; Hinds Chancery Court 2nd District; LC Case #: U99-1 R/1; Ruling Date: 11/19/2007; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by appellant is denied.

Trey Allen Beamon v. State of Mississippi; Neshoba Circuit Court; LC Case #: 07-CR-0082-NS-G; Ruling Date: 11/07/2007; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by appellant is denied.

Christopher Jason Burrough v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2006-0049CV1M; Ruling Date: 05/17/2006; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by appellant is denied.

Mississippi Commission on Judicial Performance v. Charles L. Vess; LC Case #: 2007-228/234; Ruling Date: 12/01/2008; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and respondent Judge Charles L. Vess is granted. Judge Charles L. Vess, Justice Court Judge for the South District of Adams County, shall be publicly reprimanded in Open Court when the venire panel meets, by the Presiding Judge of the Adams County Circuit Court, on the first day of the next term of that court after this decision becomes final, and is assessed a fine in the amount of $2,000.00 and costs of these proceedings in the amount of $100.00. See Opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Charles L. Vess; LC Case #: 2007-228/234; Ruling Date: 12/01/2008; Ruling Judge: Patricia Wise; Majority Opinion: Randolph, J. Disposition: Judge Charles L. Vess, Justice Court Judge for the South District of Adams County, shall be publicly reprimanded in Open Court when the venire panel meets, by the Presiding Judge of the Adams County Circuit Court, on the first day of the next term of that court after this decision becomes final, and is assessed a fine in the amount of $2,000.00 and costs of these proceedings in the amount of $100.00. Judge Charles L. Vess 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.

Larry Boyd, M.D., and the South Sunflower County Hospital v. Larice Chalette Mallette and Raquedrion Mallette, a Minor, by Larice Chalette Mallette, His Mother and Next Friend; Sunflower Circuit Court; Ruling Date: 12/19/2008; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for Interlocutory Appeal and for Stay of Trial Court Action filed by counsel for Larry Boyd, M.D., and South Sunflower County Hospital is granted. The appeal shall proceed as required by M.R.A.P. 10 and 11. The notice of appeal is deemed to have been filed and the filing fee is due. Further proceedings in the trial court are stayed pending the issuance of this Court's mandate in this appeal. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Graves, P.J., and Pierce, J. Order entered.

Larry Boyd, M.D., and the South Sunflower County Hospital v. Larice Chalette Mallette and Raquedrion Mallette, a Minor, by Larice Chalette Mallette, His Mother and Next Friend; Sunflower Circuit Court; Ruling Date: 12/19/2008; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for Interlocutory Appeal and for Stay of Trial Court Action filed by counsel for Larry Boyd, M.D., and South Sunflower County Hospital is granted. The appeal shall proceed as required by M.R.A.P. 10 and 11. The notice of appeal is deemed to have been filed and the filing fee is due. Further proceedings in the trial court are stayed pending the issuance of this Court's mandate in this appeal. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Graves, P.J., and Pierce, J. Order entered.

Delta Regional Medical Center v. Milton Green; Washington Circuit Court; LC Case #: 2008-0177CI; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for Interlocutory Appeal filed by counsel for Delta Regional Medical Center is hereby granted and shall proceed as required by M.R.A.P. 10 and 11. The notice of appeal is deemed to have been filed and the filing fee is due. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Graves, P.J., and Pierce, J. Order entered.

In Re: Richard A. Prewitt; Lafayette Circuit Court; LC Case #: L08-769; Ruling Judge: Albert Smith, III; Disposition: Richard A. Prewitt's "Motion for Rule 27(h) Reconsideration of the March 10, 2009 Denial of the Petition for Extraordinary Relief, or in the Alternative, for Permission to File an Interlocutory Appeal" is denied. Order entered.