07/01/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2009-CA-00474-SCT

Debra Joel, as Executrix of the Estate of Jimmy Joel, Lindsey Meador, as Trustee for the James J. "Jimmy" Joel, Testamentary Marital Trust and as Trustee for the James J. "Jimmy" Joel Family Trust v. James H. Joel and Estate of Margaret R. Joel; Bolivar Chancery Court 2nd District; LC Case #: 2007-0421; Ruling Date: 03/11/2009; Ruling Judge: William Willard, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., not participating.

Roger Lee Gillett v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715-CR; Ruling Date: 11/05/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Graves, P.J. Disposition: Counts I and II: Convictions of Capital Murder and Sentences of Death by Lethal Injection, Affirmed. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ., Concur. Chandler, J., Concurs in Part and in Result With Separate Written Opinion. Kitchens, J., Dissents with Separate Written Opinion; Dickinson, J., Joins Part ll. Lamar, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, J.; Kitchens, J., Joins In Part. Concurring in Part and in Result Opinion: Chandler, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, J., Joins Part ll. Concurring in Part and Dissenting in Part Opinion: Lamar, J. Votes: Dickinson, J., Joins This Opinion. Kitchens, J., Joins This Opinion in Part.

Anthony Lee Tucker v. State of Mississippi; Clay Circuit Court; LC Case #: 8886; Ruling Date: 11/20/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Anthony Lee Tucker is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar and Kitchens, JJ. To Deny: Randolph, Chandler and Pierce, JJ. Order entered.

Patricia Ann Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR07-160; Ruling Date: 04/10/2008; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Patricia Ann Brown is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Malachy DeHenre v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-413-KR; Ruling Date: 03/13/2008; Ruling Judge: Billy Landrum; Majority Opinion: Waller, C.J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with conditions, and payment of a fine in the amount of $10,000.00, Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Graves, P.J., Kitchens and Chandler, JJ. Dissenting Opinion: Dickinson, J. Votes: Graves, P.J., Kitchens and Chandler, JJ., Join This Opinion.

Curtis Burnett, Jr. v. State Farm Mutual Automobile Insurance and Lee C. Franklin; Panola Circuit Court 2nd District; LC Case #: CV2003-63-BO2; Ruling Date: 05/30/2007; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Curtis Burnett, Jr., is dismissed. M.R.A.P. 17(b). To Dismiss: All Justices. Order entered.

John T. Gore v. State of Mississippi; Rankin Circuit Court; LC Case #: 20561; Ruling Date: 07/01/2009; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, J. Disposition: Conviction of gratification of lust and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion. Dissenting Opinion: Kitchens, J.

In Re: Patricia Burrow Boyd, T. A. "Alex" Burrow and Patricia A. Burrow, Individually, and As Wrongful Death Beneficiaries of Barbara Claire Burrow, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-07-879; Ruling Date: 03/11/2010; Ruling Judge: W. Yerger; Disposition: Petition for Writ of Mandamus filed by Patricia Burrow Boyd, T.A. "Alex" Burrow and Patricia A. Burrow, Individually, and as Wrongful Death Beneficiaries of Barbara Claire Burrow is granted. The Order Denying Plaintiffs' Motion for Recusal in Cause No. 251-07-879 in the Circuit Court of the First Judicial District of Hinds County, Mississippi, is vacated. This matter is remanded to be reassigned to another judge in that district. To Grant: Waller, C.J., Graves, P.J., Dickinson, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., Randolph and Lamar, JJ. Not Participating: Chandler, J. Order entered.

Barrett B. Daly v. The Mississippi Bar; Disposition: The relief requested in the Petition filed on May 12, 2010, by Barrett B. Daly, beginning at paragraph 185, and continuing throughout Daly's "Wherefore" paragraph is denied. The Petition filed by Barrett B. Daly is dismissed. The pleadings numbered 1-17 set out in the order are dismissed as moot. Order entered.

Steve Knox, Michelle Byrom, Blayde Grayson, Benny Joe Stevens, Gerald Holland, Jan Michael Brawner, Rodney Gray, Jeffrey Havard, Richard Jordan, Thong Le, Willie Manning, William Mitchell, Stephen Powers, Larry Matthew Puckett, Gary Carl Simmons, and Alan Dale Walker v. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G-2010-799 S/2; Ruling Date: 05/14/2010; Ruling Judge: William Singletary; Disposition: Motion for Injunction Pending Appeal, or, in the Alternative, for Issuance of the Writ of Mandamus with Entry of Injunction filed by the Petitioners is denied. To Deny: All Justices. Order entered.