06/24/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2008-IA-01043-SCT

Kendall Blake, M.D. and Jackson Bone & Joint Clinic, L.L.P. v. Estate of David Alexander Clein, By and Through its Administratrix, Deborah Clein; Hinds Circuit Court 1st District; LC Case #: 251-97-1003-CIV; Ruling Date: 05/28/2008; Ruling Judge: William Coleman; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

Maliyah Ashunti Hubbard, Minor, By and Through Tiffany Hubbard, Her Mother and Natural Guardian v. McDonald's Corporation, Michael L. Retzer d/b/a McDonald's; Grenada Circuit Court; LC Case #: 2004-0292CVL; Ruling Date: 03/02/2009; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Motion to Amend Rule 48B of the Mississippi Rules of Appellate Procedure to Include a Comment filed by the Advisory Committee on Rules is denied. Order entered.

Terry Pitchford v. State of Mississippi; Grenada Circuit Court; LC Case #: 2005-009-CR; Ruling Date: 02/09/2006; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Dickinson, J. Disposition: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Grenada County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion.

The Goodyear Tire & Rubber Company f/k/a Kelly Springfield, Inc. and Big 10 Tire Company v. Nicholas L. Kirby, Jr., Administrator of the Estate of Travis C. Kirby, Deceased, Nicholas L. Kirby, Jr., Shirley S. Kirby, and Nicholas L. Kirby, III, Individually; Copiah Circuit Court; LC Case #: 2002-0619; Ruling Date: 11/15/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: Joint Motion for Voluntary Dismissal of Appeal is hereby granted. The Petition for Writ of Certiorari filed by counsel for The Goodyear Tire & Rubber Company and Big 10 Tire Company is hereby dismissed. Costs, if any, are assessed equally between the parties. Carlson, P.J., for the Court. Order entered.

The Goodyear Tire & Rubber Company f/k/a Kelly Springfield, Inc. and Big 10 Tire Company v. Nicholas L. Kirby, Jr., Administrator of the Estate of Travis C. Kirby, Deceased, Nicholas L. Kirby, Jr., Shirley S. Kirby, and Nicholas L. Kirby, III, Individually; Copiah Circuit Court; LC Case #: 2002-0619; Ruling Date: 11/15/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: Joint Motion for Voluntary Dismissal of Appeal is hereby granted. The Petition for Writ of Certiorari filed by counsel for The Goodyear Tire & Rubber Company and Big 10 Tire Company is hereby dismissed. Costs, if any, are assessed equally between the parties. Carlson, P.J., for the Court. Order entered.

Julius Williams, II v. Barbara Williams; Harrison Chancery Court 1st District; LC Case #: 02-01865(3); Ruling Date: 09/07/2007; Ruling Judge: Sanford Steckler; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Chancery Court of the First Judicial District of Harrison County is Reversed and Rendered in Part and Reversed and Remanded in Part. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar and Chandler, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Graves, P.J., and Pierce, J. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., Graves, P.J., and Pierce, J., Join This Opinion.

Cory Jermine Maye v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2002-0061E; Ruling Date: 11/02/2007; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by Cory Maye is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson and Kitchens, JJ. To Deny: Randolph, Lamar, Chandler and Pierce, JJ. Order entered.

Cory Jermine Maye v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2002-0061E; Ruling Date: 11/02/2007; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, Chandler and Pierce, JJ. To Deny: Carlson and Graves, P.JJ., Dickinson, Lamar and Kitchens, JJ. Order entered.

Joe Lee Brunner v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-489(1,2,3,& 4); Ruling Date: 06/28/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Joe Lee Brunner is denied. To Deny: All Justices. Order entered.

Judith R. Wheat v. James M. Wheat; Jackson Chancery Court; LC Case #: 2005-0763-JB; Ruling Date: 03/19/2008; Ruling Judge: Jaye Bradley; Majority Opinion: Carlson, P.J. Disposition: Affirmed in Part; Reversed in Part, and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Randolph, Lamar and Chandler, JJ., Concur. Kitchens, J., Specially Concurs With Separate Written Opinion Joined by Carlson, P.J., and Lamar, J.; Waller, C.J., Graves, P.J., and Dickinson, J., Join This Opinion in Part. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Kitchens, J. Pierce, J., not participating. Specially Concurring Opinion: Kitchens, J. Votes: Carlson, P.J., and Lamar, J., Join This Opinion. Waller, C.J., Graves, P.J., and Dickinson, J., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Dickinson, J. Votes: Kitchens, J., Joins This Opinion in Part.

Felix Perkins v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0036; Ruling Date: 07/24/2008; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Felix Perkins, pro se, is denied. To Deny: All Justices. Order entered.

Community Bank of Mississippi and Raymon McAlpin a/k/a Raymond McAlpin v. Donna Stuckey; Covington Circuit Court; LC Case #: 2006-115C; Ruling Date: 08/06/2008; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Donna Stuckey is granted. Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Graves, P.J., and Dickinson, J. Order entered.

Carla Stutts v. Janice Miller and Jaci Miller; Alcorn Circuit Court; LC Case #: CV07-000483RA; Ruling Date: 10/06/2008; Ruling Judge: James Roberts, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Waller, C.J., Graves, P.J., and Kitchens, J., would grant. Dickinson, J., not participating.

Frank Sanders Tipton v. State of Mississippi; Jackson Circuit Court; LC Case #: CR-2004-10,627(3); Ruling Date: 11/30/2007; Ruling Judge: Dale Harkey; Majority Opinion: Dickinson, J. Disposition: Reversed and Vacated. Jackson County taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Lamar and Kitchens, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Randolph and Pierce, JJ. Dissenting Opinion: Chandler, J. Votes: Waller, C.J., Randolph and Pierce, JJ., Join This Opinion.