06/21/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2010-KA-00095-SCT

Eddie Mitchell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-684-00; Ruling Date: 12/20/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Pierce, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

Carla Hughes a/k/a Carla A. Hughes v. State of Mississippi; Madison Circuit Court; LC Case #: 2008-0341; Ruling Date: 10/14/2009; Ruling Judge: William Chapman, III; Majority Opinion: Chandler, J. Disposition: Count I: Conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. Count II: Conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. The sentences imposed shall run concurrently with each other. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ., Concur. King, J., not participating.

Rene C. Levario v. State of Mississippi; Jackson Circuit Court; LC Case #: CR-2009-10658(1); Ruling Date: 11/23/2010; Ruling Judge: Robert Krebs; Majority Opinion: Randolph, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Dialysis Solutions, LLC v. Mississippi State Department of Health; Mary Currier, in Her Official Capacity as the Executive Director of the Department, State Health Officer and RCG-Montgomery County, LLC; Hinds Department of Health Certificate of Need 1st District; Ruling Judge: Mary Currier; Majority Opinion: Randolph, J. Disposition: Appeal Dismissed. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Part and in Result With Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., and Chandler, J. Concurring in Part and in Result Opinion: Kitchens, J. Votes: Waller, C.J., Carlson, P.J., and Chandler, J., Join This Opinion.

David Anthony Jackson a/k/a David Jackson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-1003CRY; Ruling Date: 10/21/2010; Ruling Judge: W. Yerger; Majority Opinion: Carlson, P.J. Disposition: Conviction of house burglary and sentence of twenty-five (25) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Upon release, the Appellant shall pay all costs of court, assessments, and taxes, except as relieved by law for indigents. Sentence shall not be reduced or suspended, nor shall the Appellant be eligible for parole or probation. Sentence in this cause shall run consecutively to any other sentences imposed upon the Appellant by any court. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, J., Joins This Opinion.

In Re: The Rules of Civil Procedure; Disposition: Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure; Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules; Rule 1.06 of the Uniform Chancery Court Rules; and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court; and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.

In Re: Uniform Chancery Court Rules; Disposition: Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure; Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules; Rule 1.06 of the Uniform Chancery Court Rules; and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court; and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.

In Re: Justice Court Rules; Disposition: Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure; Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules; Rule 1.06 of the Uniform Chancery Court Rules; and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court; and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: Petition to Amend Rule 65 of the Mississippi Rules of Civil Procedure; Rules 5.04, 5.07 and 5.09 of the Uniform Circuit and County Court Rules; Rule 1.06 of the Uniform Chancery Court Rules; and Rule 1.25 and 2.04 of the Uniform Rules of Procedure in Justice Court; and For Adoption of Rule 3.13 in the Uniform Chancery Court Rules filed by the Office of the Mississippi Attorney General is dismissed without prejudice. To Dismiss: All Justices. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, amendment to Rule 17(f) of the Mississippi Rules of Appellate Procedure is Approved. Effective July 1, 2012, Rule 17(f) of the Mississippi Rules of Appellate Procedure is amended as set out in the Order of this Court. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Approve: All Justices. Order entered.

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 for Stay of Execution filed by Petitioner is denied. Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., would deny. Kitchens and King, JJ., would grant. Waller, C.J., not participating. Order entered.

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: The Renewed Motion for Stay of Execution filed by Gary Carl Simmons, Jr., is denied. Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., would deny. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Order entered.

Business Communications, Inc. v. Albert Banks; Madison Circuit Court; LC Case #: 2006-0150; Ruling Date: 03/02/2009; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Circuit Court of Madison County is Affirmed in Part and Reversed and Remanded in Part for further proceedings consistent with this opinion. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens and Pierce, JJ., Concur. Lamar, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlson, P.J. Chandler and King, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Lamar, J. Votes: Carlson, P.J., Joins This Opinion.

Anthony Lafayette v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2008-001-CR1; Ruling Date: 12/17/2009; Ruling Judge: Kenneth Thomas; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Specially Concurring Opinion: Carlson, P.J. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Join This Opinion.

Carolyn Childress and Rodney Childress v. Larry Spencer and Vivian Spencer; DeSoto Circuit Court; LC Case #: CV2009-0125; Ruling Date: 03/24/2011; Ruling Judge: Robert Chamberlin; Disposition: The Joint Motion to Dismiss Appeal is granted. All costs of the appeal are to be borne by both parties. Lamar, J., for the Court. Order entered.

Dialysis Solutions, LLC v. Mississippi State Department of Health; Mary Currier, in Her Official Capacity as the Executive Director of the Department, State Health Officer and RCG-Montgomery County, LLC; Hinds Department of Health Certificate of Need 1st District; Ruling Judge: Mary Currier; Disposition: Motion to Supplement Record filed by Dialysis Solutions, LLC, is dismissed as moot. Order entered.

Dialysis Solutions, LLC v. Mississippi State Department of Health; Mary Currier, in Her Official Capacity as the Executive Director of the Department, State Health Officer and RCG-Montgomery County, LLC; Hinds Department of Health Certificate of Need 1st District; Ruling Judge: Mary Currier; Disposition: Motion to Approve Bond Amount filed by Dialysis Solutions, LLC, is dismissed as moot. See majority opinion of this Court at footnote 6.

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 Stay of Execution filed by Petitioner is denied. Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., would deny. Kitchens and King, JJ., would grant. Waller, C.J., not participating. Order entered.

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 for Leave to Proceed in the Trial Court With a Successive Petition for Post-Conviction Relief filed by Gary Carl Simmons, Jr., is denied. Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., would deny. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant. Carlson, P.J., for the Court. Order entered.