06/06/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2012-CA-00563-SCT

Delphi Oil, Inc. v. Forrest County Board of Supervisors; Forrest Circuit Court; LC Case #: CI10-0197; Ruling Date: 03/19/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Waller, C.J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, the Court amends Rule 25 of the Mississippi Rules of Appellate Procedure as set forth in Exhibit "A" and adopts the Appellate E-Filing Administrative Procedures attached hereto as Exhibit "B." These procedures shall govern appellate e-filing in the Supreme Court of Mississippi and the Court of Appeals of the State of Mississippi. Beginning July 1, 2013, attorneys may file documents electronically in either appellate court. Appellate e-filing shall be mandatory in this Court and in the Court of Appeals beginning January 1, 2014. Order entered.

Tevin James Benjamin v. State of Mississippi; Jackson Circuit Court; LC Case #: 2008-11,329(3)H; Ruling Date: 07/30/2010; Ruling Judge: Dale Harkey; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Jackson County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Randolph, P.J. Dissenting Opinion: Pierce, J. Votes: Randolph, P.J., Joins This Opinion.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 09/24/2010; Ruling Judge: Roger Clark; Majority Opinion: Pierce, J. Disposition: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ., Concur. Chandler, J., Concurs in Part and in Result With Separate Written Opinion Joined In Part by Dickinson, P.J., and Kitchens, J. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and King, J. King, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Concurring in Part and in Result Opinion: Chandler, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion in Part. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Kathy Allegrezza v. Greenville Manufacturing Company and The Travelers Insurance Company; Washington Circuit Court; LC Case #: 9716356-H-2959; Ruling Date: 12/15/2010; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Kathy Allegrezza is granted. To Grant: Waller, C.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., and Lamar, J. Order entered.

Timmy Dale Whitaker a/k/a Timmy Whitaker a/k/a Timmy D. Whitaker v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR09-005; Ruling Date: 11/10/2010; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Timmy Dale Whitaker is denied. To Deny: All Justices. Order entered.

Ground Control, LLC v. Capsco Industries, Inc., W.G. Yates & Sons Construction Company and Harrah's Entertainment, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-10-047; Ruling Date: 04/04/2011; Ruling Judge: Roger Clark; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ., Concur. Dickinson, P.J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Lamar, Kitchens, Chandler and King, JJ. Randolph, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Pierce and Coleman, JJ. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., and Pierce, J. Specially Concurring Opinion: Dickinson, P.J. Votes: Waller, C.J., Lamar, Kitchens, Chandler and King, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Votes: Pierce and Coleman, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Randolph, P.J., and Pierce, J., Join This Opinion.

Marcus O'Neal Flowers a/k/a Tupac a/k/a Marcus Flowers v. State of Mississippi; Newton Circuit Court; LC Case #: 08-CR-064-NW-G; Ruling Date: 04/13/2009; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by Appellant is denied. Coleman, J., not participating.

Lester Lavon Parker, Jr. a/k/a Lester Levon Parker, Jr. a/k/a Lester Parker, Jr. a/k/a Lester Lavon Parker v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0035CR; Ruling Date: 07/20/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, P.J. Disposition: Conviction of murder, Affirmed. Sentence of life in the custody of the Mississippi Department of Corrections, Vacated, and this case is remanded to the Circuit Court of Copiah County for a resentencing hearing consistent with this opinion. Copiah County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Pierce and Coleman, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., Chandler and King, JJ. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., Chandler and King, JJ., Join This Opinion.

Eddie Brock a/k/a Eddie Brock, III v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 7863; Ruling Date: 07/05/2011; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Eddie Brock is denied. To Deny: All Justices. Order entered.

Mobility Medical, Inc., and Mobility Medical of North Mississippi, LLC v. Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: G2010-1039 O/3; Ruling Date: 11/03/2011; Ruling Judge: Denise Owens; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Chandler and Coleman, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Pierce and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., Pierce and King, JJ., Join This Opinion.

Mari Lynn Hays (Alexander) and Lon Frederick Alexander, II, by and through his Conservator, Mari Lynn Hays v. Lon Frederick Alexander; Hinds Chancery Court 1st District; LC Case #: 2001-1304 R/1; Ruling Date: 06/29/2011; Ruling Judge: J. Thomas; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Lamar, Pierce and Coleman, JJ., Concur. Pierce, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ. King, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and Chandler, JJ. Specially Concurring Opinion: Pierce, J. Votes: Waller, C.J., Randolph, P.J., Lamar and Coleman, JJ., Join This Opinion. Dissenting Opinion: King, J. Votes: Dickinson, P.J., Kitchens and Chandler, JJ., Join This Opinion.

Pam Wood, David Wood, Justin Wood, Josh Wood and Jacob Wood v. Safeway Insurance Company; Rankin Circuit Court; LC Case #: 2011-210; Ruling Date: 12/15/2011; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Coleman, J., not participating.

Norma Slater-Moore v. Christian T. Goeldner, Paige Ann McDowell and The Goeldner Law Firm Professional Corporation, f/k/a Goeldner & Gill, Attorneys At Law, Professional Corporation, f/k/a Goeldner, McDowell, Abbott & Gill, Attorneys At Law, Professional Corporation, f/k/a Goeldner, Porter & McDowell, Attorneys at Law, Professional Corporation, f/k/a Goeldner and Walsh, Attorneys at Law, Professional Association; DeSoto Circuit Court; LC Case #: CV2011-250-RCD; Ruling Date: 01/03/2012; Ruling Judge: Robert Chamberlin; Disposition: Motion for rehearing filed by Norma Slater-Moore is denied. Dickinson, P.J., not participating.

Howard R. Holaday, Jr., M.D. v. Kyle Moore and Marla Moore; Hinds Circuit Court 1st District; LC Case #: 251-06-718; Ruling Date: 02/11/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for Interlocutory Appeal - Statute of Limitations filed by Howard R. Holaday, Jr., M.D., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens and King, JJ. Order entered.

H&R Block, Inc., HRB Tax Group, Inc., H&R Block Bank, HRB Technology, LLC, Santa Barbara Tax Product Group, LLC and Freda Lloyd v. Senior Brown; Hinds County Court 1st District; LC Case #: 12-210; Ruling Date: 04/02/2013; Ruling Judge: Melvin Priester; Disposition: On the Court's own motion, this Court's show-cause notice is withdrawn and this appeal shall proceed in this Court. To Join: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. Do Not Join: Chandler and King, JJ. Order entered.

H&R Block, Inc., HRB Tax Group, Inc., H&R Block Bank, HRB Technology, LLC, Santa Barbara Tax Product Group, LLC and Freda Lloyd v. Senior Brown; Hinds County Court 1st District; LC Case #: 12-210; Ruling Date: 04/02/2013; Ruling Judge: Melvin Priester; Disposition: On the Court's own motion, this Court's show-cause notice is withdrawn and this appeal shall proceed in this Court. To Join: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and Pierce, JJ. Do Not Join: Kitchens, King and Coleman, JJ. This order is to correct the votes on the order previously filed on May 30, 2013. Order entered.