06/23/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2010-KA-00127-SCT

Curtis Wayne Gause v. State of Mississippi; Pontotoc Circuit Court; LC Case #: 2009-164; Ruling Date: 12/11/2009; Ruling Judge: Thomas Gardner, III; Majority Opinion: Chandler, J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Conviction of burglary of a dwelling with intent to commit an assault therein and accompanying sentence, Reversed and Rendered. Pontotoc County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ., Concur. Kitchens, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. Specially Concurring Opinion: Kitchens, J. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ., Join This Opinion.

Terrance Eaddy v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2009-13; Ruling Date: 09/28/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Claiborne County taxed with costs of appeal. Votes: Dickinson, P.J., Kitchens, Chandler and King, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Carlson, P.J., Randolph and Lamar, JJ. Dissenting Opinion: Pierce, J. Votes: Carlson, P.J., Randolph and Lamar, JJ., Join This Opinion.

Chad Booker v. State of Mississippi; Tippah Circuit Court; LC Case #: TK2007-043; Ruling Date: 12/03/2008; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, P.J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections with ten (10) years suspended, ten (10) years to serve and five (5) years of post-release supervision, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Chandler, J. King, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and Chandler, J., Join This Opinion.

Scott Harrison and Mona Harrison v. Mayor and Board of Alderman of The City of Batesville and Memphis Stone & Gravel Company; Panola Circuit Court 2nd District; LC Case #: CV2008-239 BP2; Ruling Date: 05/13/2009; Ruling Judge: Andrew Baker; Disposition: Joint Petition for writ of certiorari filed by the Mayor and Board of Alderman of the City of Batesville and Memphis Stone & Gravel Company is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Deny: Dickinson, P.J., Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.

David Paul Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B24012007-0838; Ruling Date: 07/13/2009; Ruling Judge: Lisa Dodson; Disposition: Motion for rehearing filed by David Paul Anderson is denied. Dickinson, P.J., and Kitchens, J., would grant. King, J., not participating.

Richard Dean v. Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan; Jackson Chancery Court; LC Case #: 2006-1049-JB; Ruling Date: 03/25/2009; Ruling Judge: Jaye Bradley; Disposition: Petition for writ of certiorari filed by Richard Dean is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Melissa Whiting v. University of Southern Mississippi, Dr. Shelby Thames Officially and Individually, Dr. Dana Thames Officially and Individually, and Dr. Carl Martray Officially and Individually, Board of Trustees for Institutions of Higher Learning; Forrest Circuit Court; LC Case #: CI-02-0206; Ruling Date: 09/17/2008; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by Melissa Whiting is denied.

Reginald Deshawn Bradley v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0543-CR1; Ruling Date: 11/13/2009; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed pro se by Reginald Deshawn Bradley is denied.

Susan Reid, Individually, and On Behalf of the Wrongful Death Beneficiaries of William Reid, Deceased v. Mississippi Farm Bureau Casualty Insurance Company; Lawrence Circuit Court; LC Case #: 2008-254H; Ruling Date: 11/20/2009; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by Susan Reid is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.

Mississippi Commission on Judicial Performance v. Marion McKenzie; LC Case #: 2009-151; Ruling Date: 09/10/2010; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations 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. Marion McKenzie; LC Case #: 2009-151; Ruling Date: 09/10/2010; Ruling Judge: H. Clark, II; Majority Opinion: Waller, C.J. Disposition: Walthall County Justice Court Judge Marion McKenzie 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; fined $500.00; and assessed costs in the amount of $100.00. The public reprimand shall be read in open court by the presiding judge of the Walthall County Circuit Court on the first day of the next term of that court in which a jury venire is present following the issuance of the mandate of this Court, with Judge McKenzie in attendance. Marion McKenzie taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., and Chandler, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and Chandler, J., Join This Opinion.