06/07/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2010-CA-01465-SCT

Phillips 66 Company, Phillips Petroleum Company, ConocoPhillips Company, Drilling Specialties Company, L.L.C. a/k/a Drilling Specialties Company, LLC and Chevron Phillips Chemical Company, LP, as a Successor In Interest to Conoco Phillips Company, f/k/a Phillips Petroleum Company v. Troy Lofton; Jones Circuit Court 2nd District; LC Case #: 2006-106-CV03; Ruling Date: 05/20/2010; Ruling Judge: Billy Landrum; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and King, JJ., Concur. Randolph and Pierce, JJ., not participating.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 9610440(3); Ruling Date: 09/02/1997; Ruling Judge: Bill Jones; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of Gary Carl Simmons, Jr., shall take place on June 20, 2012, in the manner provided by law. This order shall serve as the warrant of execution for Gary Carl Simmons, Jr. Kitchens, Chandler and King, JJ., would deny. Order entered.

Charlie D. Taylor v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-190CR(Y); Ruling Date: 09/25/2009; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Charlie D. Taylor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.

Long Meadow Homeowners' Association, Inc., William H. Arnold, Carol K. Arnold, Kenneth G. Barron, Sylvia D. Barron, Alan B. Cameron, Mary D. Cameron, Joseph B. Christman, Leah M. Christman, Clyde H. Coltharp, Mary Frances Coltharp, Rebecca Ann Culver, Tristan Denley, Kimberly Denley, Robert Byron Ellis, Suzete M. Ellis, Aubrey O'Neal Farrar, Cynthia Leigh Farrar, Charles D. Hufford, Alice C. Hufford, E. Jeff Justis, Sally V. Justis, Scott B. Lennard, Elaine A. Lennard, Timothy J. Mays, Carla Janene Mays, Glenn R. Parsons, Cheryl B. Parsons, James C. Propes, Charlotte C. Propes, Rick N. Rafinson, Bonnie S. Rafinson, Roderick N. Rafinson, Diana G. Rafinson, Jimmy Earl Shankle, Margaret Shankle, Robert C. Speth, Janet F. Speth, Allen Spurgeon, Debra Spurgeon, Julien Tatum and Christine B. Tatum v. Ernest C. Harland and Bonnie S. Harland; Lafayette Chancery Court; LC Case #: 2007-421; Ruling Date: 10/12/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Dickinson, P.J., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Carlson, P.J., Dissents With Separate Written Opinion. Lamar and King, JJ., not participating. Dissenting Opinion: Carlson, P.J.

Allen Henderson v. State of Mississippi; Rankin Circuit Court; LC Case #: 2009-240-9-21-09; Ruling Date: 10/20/2009; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed pro se by Allen Henderson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.

Ruth Agnes Crosthwait v. Southern Health Corporation of Houston, Inc. d/b/a Trace Regional Hospital and Marcia Morgan; Chickasaw Circuit Court 1st District; LC Case #: H2008-119; Ruling Date: 03/03/2010; Ruling Judge: Andrew Howorth; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph and Pierce, JJ., Concur. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Lamar, J., not participating. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Smith County School District v. Laura Shontelle Barnes; Smith Chancery Court; LC Case #: 2009-180; Ruling Date: 03/10/2010; Ruling Judge: Joe Walker; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Chancery Court of Smith County is Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Pierce and King, JJ., Concur. Randolph and Lamar, JJ., not participating.

Matthew Miller v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 08-0519 1-2; Ruling Date: 03/05/2010; Ruling Judge: S. Harrison; Disposition: Petition for writ of certiorari filed by Matthew Miller is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar J. Order entered.

Lone Star Industries, Inc., Specialty Sand Company, Pearl Sands Inc., Pearl Specialty Sands, Inc. and Dependable Abrasives, Inc. v. Charles Larry McGraw and Nikki McGraw; Claiborne Circuit Court; LC Case #: 2009-25; Ruling Date: 06/01/2010; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by Appellants is granted. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed in Part; Reversed in Part and Remanded. Pierce and King, JJ., would deny. Dickinson, P.J., and Lamar, J., not participating. See opinion of this Court handed down this date.

Lone Star Industries, Inc., Specialty Sand Company, Pearl Sands Inc., Pearl Specialty Sands, Inc. and Dependable Abrasives, Inc. v. Charles Larry McGraw and Nikki McGraw; Claiborne Circuit Court; LC Case #: 2009-25; Ruling Date: 06/01/2010; Ruling Judge: Lamar Pickard; Majority Opinion: Chandler, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by King, J. Dickinson, P.J., and Lamar, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Amy Danielle Wilkerson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2010-00,127(2); Ruling Date: 06/21/2010; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by Amy Danielle Wilkerson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.

Johnny Grogan v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CV-184-SC-G; Ruling Date: 06/25/2010; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed pro se by Johnny Grogan is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.

In the Matter of the Conservatorship for the Person and Estate of Larry Melvin Speakes: Aleta Sindelar Speakes v. Sondra Lanell Speakes Huerta; Bolivar Chancery Court 2nd District; LC Case #: 2008-0271; Ruling Date: 08/24/2010; Ruling Judge: William Willard, Jr.; Disposition: Motion to Dismiss Appeal of Aleta Sindelar filed by the Estate of Larry Speakes is granted in part. This case is hereby dismissed upon entry of this order. All costs of the appeal are assessed to the Appellant. Not Participating: Lamar, J. Chandler, J., for the Court. Order entered.

Ira Lee Anderson, II v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2010-0259MP2; Ruling Date: 09/20/2010; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed pro se by Ira Lee Anderson, II is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Lamar, J. Order entered.

Justin Springer a/k/a Justin Donte Springer a/k/a Justin D. Springer v. State of Mississippi; Lee Circuit Court; LC Case #: CR2009-356(R)L; Ruling Date: 05/06/2011; Ruling Judge: James Roberts, Jr.; Majority Opinion: Kitchens, J. Disposition: Conviction of capital murder and sentence of life, without the possibility of parole, in the custody of the Mississippi Department of Corrections, Affirmed. Lee County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler, Pierce and King, JJ., Concur. Lamar, J., not participating.

Hal S. Mullins v. Jon L. Woods Construction, Inc.; Lafayette Circuit Court; LC Case #: L09-441; Ruling Date: 01/12/2012; Ruling Judge: Robert Elliott; Disposition: Petition for Interlocutory Appeal filed by counsel for Hal S. Mullins is denied. To Deny: Waller, C.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Carlson, P.J. Not Participating: Dickinson, P.J., and 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 rehearing filed by Jan Michael Brawner is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Not Participating: Lamar, J. Order entered.

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: Motion to Establish Schedule for Filing Petition Challenging the Performance of Prior Post-Conviction Counsel filed by Gary Carl Simmons, Jr., is denied. Kitchens and King, JJ., would grant. Order entered.

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: Motion for Expert Access to Petitioner for Testing for Successive Petition for Post Conviction Relief and for Petition for Executive Clemency filed by Simmons is granted in part and denied in part. Dickinson, P.J., Lamar and Chandler, JJ., would grant in part and deny in part. King and Kitchens, JJ., would grant for all purposes. Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ., would dismiss. Order entered.