06/16/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2009-CA-01838-SCT

In the Matter of the Estate of Anthony Walter Smith , Deceased: W. E. Davis, Administrator v. Raymond Smith; DeSoto Chancery Court; LC Case #: 01-10-1447(PL); Ruling Date: 08/29/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Pierce and King, JJ., Concur. Lamar, J., not participating.

Leah Fulton Dooley; Kathryn Marie Fulton, a Minor, By and Through Her Mother and Next Friend, Leah Fulton Dooley; Peyton Dooley, a Minor, By and Through His Mother and Next Friend, Leah Fulton Dooley; and all heirs-at-law of Jonathan Wayne Dooley, a Minor, Deceased; Dewey Dooley; and Kaitlyn Dooley, By and Through Her Mother and Next Friend, Keri Patrick v. Cedric Byrd and Independent Roofing Systems, Inc.; Rankin Circuit Court; LC Case #: 2003-235R; Ruling Date: 06/22/2009; Ruling Judge: Samac Richardson; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens and King, JJ., not participating.

Betty Weems v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2005-0061(CM)(S); Ruling Date: 10/16/2006; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Appellant was granted by order of this Court on December 21, 2010. The Court now finds that the petition was improvidently granted and should be dismissed. On the Court's own motion the petition for writ of certiorari is dismissed as improvidently granted. King, J., not participating. Lamar, J., for the Court. Order entered.

Justin David Shaffer a/k/a Justin David Schaffer v. State of Mississippi; Greene Circuit Court; LC Case #: 21-06-10,048(2); Ruling Date: 08/14/2008; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by Justin David Shaffer is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar and Kitchens, JJ. To Deny: Waller, C.J., Randolph, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

3545 Mitchell Road, LLC d/b/a Tupelo Trace Apartments and Pinecrest/Tupelo, L.P. d/b/a Tupelo Seniors Apartments v. Board of Supervisors of Lee County, MS and Mark Weathers, Lee County Tax Assessor; Lee Circuit Court; LC Case #: CV 08-124(P)L; Ruling Date: 02/04/2009; Ruling Judge: James Pounds; Disposition: Motion for rehearing filed by Appellees is denied. King, J., not participating.

Rodney Sands and Aqui Demetrius Rhodes v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: 2007-64H; Ruling Date: 04/16/2009; Ruling Judge: Prentiss Harrell; Disposition: Motion for rehearing filed pro se by Aqui Demetrius Rhodes is dismissed. Randolph, J., would deny. Order entered.

Rodney Sands and Aqui Demetrius Rhodes v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: 2007-64H; Ruling Date: 04/16/2009; Ruling Judge: Prentiss Harrell; Disposition: Motion for rehearing filed by counsel for Aqui Demetrius Rhodes is denied.

Rebuild America, Inc. v. Tim A. Norris; Hinds Chancery Court 1st District; LC Case #: 2008-1891 W/4; Ruling Date: 07/20/2009; Ruling Judge: Patricia Wise; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Lawanda Dillon v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2009-066-LS; Ruling Date: 06/24/2009; Ruling Judge: David Strong, Jr.; Disposition: Petition for writ of certiorari filed pro se by Lawanda Dillon is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and Pierce, JJ. To Deny: Randolph and Kitchens, JJ. Not Participating: King, J. Order entered.

Arthur Gardner v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0096-CV1; Ruling Date: 12/03/2009; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Arthur Gardner is denied. To Deny: Waller, C.J., Randolph, Chandler, Kitchens, Pierce and King, JJ. To Dismiss: Carlson and Dickinson, P.JJ., and Lamar, J. Order entered.

Mississippi Commission on Judicial Performance v. Theresa Brown Dearman; LC Case #: 2009-144; Ruling Date: 08/26/2010; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Theresa Brown Dearman; LC Case #: 2009-144; Ruling Date: 08/26/2010; Ruling Judge: H. Clark, II; Disposition: Motion to Add to the Record is denied. See opinion of this Court handed down this date at paragraph 5.

Mississippi Commission on Judicial Performance v. Theresa Brown Dearman; LC Case #: 2009-144; Ruling Date: 08/26/2010; Ruling Judge: H. Clark, II; Majority Opinion: Randolph, J. Disposition: Stone County Justice Court Judge Theresa Brown Dearman shall be suspended from office for a period of thirty (30) days without pay, effective on the date of issuance of this Court's mandate; publicly reprimanded; and assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Stone County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Dearman in attendance. Theresa Brown Dearman taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion. Dissenting Opinion: Kitchens, J.