06/28/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2011-SA-00088-SCT

CLC of Biloxi, LLC d/b/a Biloxi Community Living Center, Boyington Health Care Facility, Dixie White House Nursing Home, CLC of Pascagoula, LLC d/b/a Plaza Community Living Center, Ocean Springs Nursing Home, Singing River Rehabilitation & Nursing Center and CLC of Ocean Springs, LLC d/b/a Sunplex Subacute Center v. Mississippi Department of Health and Harrison County Properties, LLC d/b/a Gulfport Care Center; Hinds Chancery Court 1st District; LC Case #: G2010-1517S/2; Ruling Date: 12/20/2010; Ruling Judge: William Singletary; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

Darrin D. Wilson a/k/a Darrin Wilson v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-130-SC-G; Ruling Date: 02/10/2011; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of burglary of a dwelling house and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of kidnapping and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of kidnapping and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of rape and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of extortion and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count V shall run consecutively to the sentences in Counts I, II, III and IV, for a total of one hundred and five (105) years to serve, with conditions. Appellant is to be given credit for jail time served. Scott County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

The Kroger Co. and Kroger Limited Partnership I v. Linda Knox; Hinds Circuit Court 1st District; LC Case #: 251-07-856CIV; Ruling Date: 04/10/2009; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Lamar and Pierce, JJ., Concur. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Waller, C.J., and Randolph, J., not participating. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Elizabeth Martin v. St. Dominic-Jackson Memorial Hospital; Hinds Circuit Court 1st District; LC Case #: 251-06-1261CIV; Ruling Date: 05/14/2009; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by Elizabeth Martin is denied. Opinion modified at paragraph 3. Dickinson, P.J., Lamar and Kitchens, JJ., would grant. Chandler and King, JJ., not participating.

Billy Pink Smith v. Sue Yielding Smith; Itawamba Chancery Court; LC Case #: 2006-0109-M; Ruling Date: 10/08/2009; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by Billy Pink Smith is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson, P.J., Chandler and King, JJ. Order entered.

James Eric Harrison v. Mack Walker, Stan Varner and Tyson Breeders, Inc.; Covington Circuit Court; LC Case #: 2006-240C; Ruling Date: 02/11/2009; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by James Eric Harrison is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Waller, C.J., and King, J. Order entered.

Anthony Joseph Cuccia v. Julie Anne (Reavy) Cuccia; DeSoto Chancery Court; LC Case #: 08-01-0191; Ruling Date: 10/16/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Pierce, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the DeSoto County Chancery Court is Reversed, and the case is Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., and Chandler, J. King, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and Chandler, J., Join This Opinion.

Mark Kee Brown v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-08-586; Ruling Date: 02/02/2010; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by Mark Kee Brown is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph and Pierce, JJ. Not Participating: Waller, C.J. Order entered.

Jeffrey Wayne Yeatman v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0476-CV; Ruling Date: 06/18/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Motion to Remand for Evidentiary Hearing filed by the Appellee is denied. Order entered.

Jeffrey Wayne Yeatman v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0476-CV; Ruling Date: 06/18/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: King, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Oktibbeha County Circuit Court is Affirmed in Part, Reversed in Part, Vacated in Part and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Tadise Seales a/k/a Tadise Raymanuel Seales v. State of Mississippi; Neshoba Circuit Court; LC Case #: 10-CR-0004-NS-G; Ruling Date: 07/08/2010; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by Tadise Seales is denied. Carlson, P.J., would dismiss.

Ted W. Stone a/k/a Ted Stone v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR10-085; Ruling Date: 10/07/2010; Ruling Judge: James Pounds; Disposition: Motion for Emergency Hearing for Appeal Bond filed by Ted Stone is denied. Order entered.

Ted W. Stone a/k/a Ted Stone v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR10-085; Ruling Date: 10/07/2010; Ruling Judge: James Pounds; Disposition: Motion to File a Supplemental Brief filed by Ted Stone is granted. Order entered.

Ted W. Stone a/k/a Ted Stone v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR10-085; Ruling Date: 10/07/2010; Ruling Judge: James Pounds; Majority Opinion: Randolph, J. Disposition: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with four (4) years suspended, with conditions, and a fine of $4,000.00, Affirmed. Appellant shall be given credit for time served. Itawamba County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ., Concur. Dickinson, P.J., Concurs in Part and in Result With Separate Written Opinion Joined In Part by Lamar and Chandler, JJ. Chandler, J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ.; Dickinson, P.J., Joins In Part. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Lamar and Chandler, JJ., Join This Opinion in Part. Dissenting Opinion: Chandler, J. Votes: Kitchens and King, JJ., Join This Opinion. Dickinson, P.J., Joins in Part.

Stephen Brian Smith and Melissa Luann Smith v. Larry Wilson and Charlotte Wilson; Lowndes Chancery Court; LC Case #: 2010-0366-D; Ruling Date: 11/29/2010; Ruling Judge: H. Davidson, Jr.; Disposition: Motion for rehearing filed by the Appellants is denied.

Claude Thomas v. Danny Dupree and Wife, Nobie Dupree; Smith Circuit Court; LC Case #: 2010-80; Ruling Date: 07/29/2011; Ruling Judge: Eddie Bowen; Disposition: Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal and Motion for En Banc Review filed by Claude Thomas is denied. To Deny: Dickinson, P.J., Randolph, Lamar, Kitchens and Chandler, JJ. To Grant: Waller, C.J., Carlson, P.J., Pierce and King, JJ. Order entered.