06/30/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2010-KA-01126-SCT

Roy Milton Page v. State of Mississippi; Forrest Circuit Court; LC Case #: 09-155-CR; Ruling Date: 01/26/2010; Ruling Judge: Robert Helfrich; Majority Opinion: Pierce, J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

Virgil N. Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-017CR; Ruling Date: 03/13/2008; Ruling Judge: Tomie Green; Majority Opinion: Pierce, J. Disposition: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Carlson, P.J., and Randolph, J., Concur. Lamar, J., Concurs in Result Only. Waller, C.J., Dissents With Separate Written Opinion. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Waller, C.J., Joins This Opinion In Part. King, J., not participating. Dissenting Opinion: Waller, C.J. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Waller, C.J., Joins This Opinion in Part.

Keir D. Sanders v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR05-078; Ruling Date: 05/30/2008; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by Keir Sanders is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.

Vanessa Decker a/k/a Vanessa Francis Decker a/k/a Vanessa Frances Decker a/k/a Fran v. State of Mississippi; Clay Circuit Court; LC Case #: 9092; Ruling Date: 08/01/2008; Ruling Judge: Lee Howard; Disposition: On the Court's own motion, the Court's opinion in this case filed June 16, 2011 is withdrawn. A new opinion will issue in due course. Chandler and King, JJ., not participating. Order entered.

Fidelity & Guaranty Insurance Company v. Joseph L. Blount, In the Official Capacity as Commissioner of the Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G2002-1139 W/4; Ruling Date: 10/21/2008; Ruling Judge: Patricia Wise; Consolidated with 2009-CA-01248-SCT St. Paul Fire & Marine Insurance Company, Travelers Casualty and Surety Company of America, Fidelity & Guaranty Insurance Company and United States Fidelity & Guaranty Company v. Ed Morgan, Chairman, Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2009-223- S/2; Ruling Date: 07/07/2009; Ruling Judge: William Singletary; Disposition: Motion for rehearing filed by Appellants is denied. King, J., not participating.

Dedeaux Utility Company, Inc. and any and all Parties having or Claiming any Legal or Equitable Interest in the Property Described Therein v. The City of Gulfport Mississippi, A Municipal Corporation; Harrison Special Court of Eminent Domain 1st District; LC Case #: 96-01102; Ruling Date: 09/25/2008; Ruling Judge: T. Wilson; Consolidated with 2010-CA-00290-SCT Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, A Municipal Corporation; Harrison Chancery Court 1st District; LC Case #: 09-00264-4; Ruling Date: 01/21/2010; Ruling Judge: James Thomas, Jr.; Disposition: Motion for rehearing filed by Dedeaux Utility Company, Inc., is denied.

Dedeaux Utility Company, Inc. and any and all Parties having or Claiming any Legal or Equitable Interest in the Property Described Therein v. The City of Gulfport Mississippi, A Municipal Corporation; Harrison Special Court of Eminent Domain 1st District; LC Case #: 96-01102; Ruling Date: 09/25/2008; Ruling Judge: T. Wilson; Consolidated with 2010-CA-00290-SCT Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, A Municipal Corporation; Harrison Chancery Court 1st District; LC Case #: 09-00264-4; Ruling Date: 01/21/2010; Ruling Judge: James Thomas, Jr.; Disposition: Motion for rehearing filed by the City of Gulfport is denied.

Larry Tyrese Minter v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-00648; Ruling Date: 11/25/2008; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by counsel for Larry Tyrese Minter is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Not Participating: King, J. Order entered.

Gerald Mangum v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-09-471; Ruling Date: 07/02/2009; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Gerald Mangum is denied. To Deny: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Dickinson, P.J. Not Participating: King, J. Order entered.

St. Paul Fire & Marine Insurance Company, Travelers Casualty and Surety Company of America, Fidelity & Guaranty Insurance Company and United States Fidelity & Guaranty Company v. Ed Morgan, Chairman, Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2009-223- S/2; Ruling Date: 07/07/2009; Ruling Judge: William Singletary; Consolidated with 2008-CA-01931-SCT Fidelity & Guaranty Insurance Company v. Joseph L. Blount, In the Official Capacity as Commissioner of the Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G2002-1139 W/4; Ruling Date: 10/21/2008; Ruling Judge: Patricia Wise; Disposition: Motion for rehearing filed by Appellants is denied. King, J., not participating.

Stone County, Mississippi and Stone County Board of Supervisors v. Stone County Hospital Ambulance Service; Stone Circuit Court; LC Case #: A6601-2008-0042; Ruling Date: 08/24/2009; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by Stone County Hospital Ambulance Service 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.

Intown Lessee Associates, LLC; Intown Lessee Services, LLC; IT Tenant RBS, LLC; and Timothy Tucker v. Michael Keith Howard, Individually, and Shannon Poole, Individually; Hinds Circuit Court 1st District; LC Case #: 251-08-571CIV; Ruling Date: 09/25/2009; Ruling Judge: Tomie Green; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Waller, C.J., not participating.

Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, A Municipal Corporation; Harrison Chancery Court 1st District; LC Case #: 09-00264-4; Ruling Date: 01/21/2010; Ruling Judge: James Thomas, Jr.; Consolidated with 2008-CA-02105-SCT Dedeaux Utility Company, Inc. and any and all Parties having or Claiming any Legal or Equitable Interest in the Property Described Therein v. The City of Gulfport Mississippi, A Municipal Corporation; Harrison Special Court of Eminent Domain 1st District; LC Case #: 96-01102; Ruling Date: 09/25/2008; Ruling Judge: T. Wilson; Disposition: Motion for rehearing filed by Dedeaux Utility Company, Inc., is denied.

Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, A Municipal Corporation; Harrison Chancery Court 1st District; LC Case #: 09-00264-4; Ruling Date: 01/21/2010; Ruling Judge: James Thomas, Jr.; Consolidated with 2008-CA-02105-SCT Dedeaux Utility Company, Inc. and any and all Parties having or Claiming any Legal or Equitable Interest in the Property Described Therein v. The City of Gulfport Mississippi, A Municipal Corporation; Harrison Special Court of Eminent Domain 1st District; LC Case #: 96-01102; Ruling Date: 09/25/2008; Ruling Judge: T. Wilson; Disposition: Motion for rehearing filed by the City of Gulfport is denied.

James Franklin Putnam v. Christopher B. Epps; Yazoo Circuit Court; LC Case #: 2007-CI 43; Ruling Date: 03/26/2010; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed pro se by James Franklin Putnam is denied.

Hinds County, Mississippi and Sheriff Malcolm McMillin, in his Official Capacity v. Vern Perkins, Individually, and as Representative of the Heirs at Law and Wrongful Death Beneficiaries of Saun Keith Perkins-Wilford, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-06-671-CIV; Ruling Date: 04/20/2010; Ruling Judge: Winston Kidd; Majority Opinion: Kitchens, J. Disposition: Appeal Dismissed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur.

Mississippi Commission on Judicial Performance v. Houston J. Patton; LC Case #: 2008-274; Ruling Date: 08/20/2010; Ruling Judge: H. Clark, II; Disposition: Petition to Allow Time for Commencement of Suspension Period is denied. King, J., not participating. Order entered.

Forestry Suppliers, Inc v. City of Flowood, Mississippi; Rankin Special Court of Eminent Domain; LC Case #: 2010-2554; Ruling Date: 04/01/2011; Ruling Judge: Kent McDaniel; Disposition: Petition for Interlocutory Appeal is granted and the trial court's order denying the motion to dismiss is vacated. This matter is remanded to the Special Court of Eminent Domain of Rankin County, Mississippi for a full evidentiary hearing on the issues raised in the Motion to Dismiss. Costs of this appeal are assessed to the City of Flowood, Mississippi. The Motion to Stay is dismissed as moot. To Grant and Remand: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens, J. Chandler, J., for the Court. Order entered.

Forestry Suppliers, Inc v. City of Flowood, Mississippi; Rankin Special Court of Eminent Domain; LC Case #: 2010-2554; Ruling Date: 04/01/2011; Ruling Judge: Kent McDaniel; Disposition: Petition for Interlocutory Appeal is granted and the trial court's order denying the motion to dismiss is vacated. This matter is remanded to the Special Court of Eminent Domain of Rankin County, Mississippi for a full evidentiary hearing on the issues raised in the Motion to Dismiss. Costs of this appeal are assessed to the City of Flowood, Mississippi. The Motion to Stay is dismissed as moot. To Grant and Remand: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens, J. Chandler, J., for the Court. Order entered.