07/19/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2011-KA-00406-SCT

James Richard Conners, Jr. a/k/a Jim v. State of Mississippi; Pike Circuit Court; LC Case #: 10-265-PKT; Ruling Date: 02/07/2011; Ruling Judge: Michael Taylor; Majority Opinion: Chandler, J. Disposition: Count I: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Possession of a firearm by a convicted felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Possession of a firearm by a convicted felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. All sentences are to run consecutively. Pike County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur. Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Specially Concurring Opinion: Carlson, P.J. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Join This Opinion.

Mississippi Valley Silica Company, Inc. v. Rutha Eastman as Administratrix of the Estate of Robert Eastman, II; Warren Circuit Court; LC Case #: 07,0132-CI; Ruling Date: 04/13/2010; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Waller, C.J., Concurs in Result Only With Separate Written Opinion Joined In Part by Randolph, J. Chandler, J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ. Concur in Result Only Opinion: Waller, C.J. Votes: Randolph, J., Joins This Opinion in Part. Dissenting Opinion: Chandler, J. Votes: Kitchens and King, JJ., Join This Opinion.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: On the Court's own motion, Rule 4.07 and Appendix B of the Uniform Circuit and County Court Rules are hereby repealed effective July 19, 2012. To Repeal: All Justices. Order entered.

Jeffrey Dale Beecham v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2007-955-CD; Ruling Date: 12/16/2008; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Dickinson, P.J., and Chandler, J. Not Participating: King, J. Order entered.

Anna White v. John White; Alcorn Chancery Court; LC Case #: 2008-0295-02-H; Ruling Date: 09/18/2009; Ruling Judge: John Hatcher; Disposition: Petition for writ of certiorari filed by counsel for Appellant is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Waller, C.J. Order entered.

Jerome Patterson v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2010-012CR; Ruling Date: 02/24/2010; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Jerome Patterson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. To Grant: Chandler, J. Order entered.

Dung Thank Tran a/k/a Julio Tran v. State of Mississippi; Grenada Circuit Court; LC Case #: 2010-105-CV-L; Ruling Date: 03/11/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed pro se by Dung Thank Tran a/k/a Julio Tran is denied. To Deny: All Justices. Order entered.

The Estate of Henry C. Gibson, By and Through Don R. Gibson, Administrator for the use and benefit of the Estate of Henry C. Gibson, and on Behalf of and for the use and benefit of the Wrongful Death Beneficiaries of Henry C. Gibson v. Magnolia Healthcare, Inc. and Foundation Health Services, Inc.; Washington Circuit Court; LC Case #: CI 2004-195; Ruling Date: 10/09/2009; Ruling Judge: Betty Sanders; Disposition: Motion to Receive and Accept Cross-Appellant's Motion for Rehearing filed by Magnolia Healthcare, Inc., is granted. Order entered.

The Estate of Henry C. Gibson, By and Through Don R. Gibson, Administrator for the use and benefit of the Estate of Henry C. Gibson, and on Behalf of and for the use and benefit of the Wrongful Death Beneficiaries of Henry C. Gibson v. Magnolia Healthcare, Inc. and Foundation Health Services, Inc.; Washington Circuit Court; LC Case #: CI 2004-195; Ruling Date: 10/09/2009; Ruling Judge: Betty Sanders; Disposition: Motion for rehearing filed by Magnolia Healthcare, Inc., is denied. Opinion modified at paragraphs 22 and 27. King, J., would deny only.

Mississippi Valley Silica Company, Inc. v. Rutha Eastman as Administratrix of the Estate of Robert Eastman, II; Warren Circuit Court; LC Case #: 07,0132-CI; Ruling Date: 04/13/2010; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion to Strike Brief of Appellee filed by Mississippi Valley Silica Company Inc., is denied. Order entered.

Pascagoula School District, City of Pascagoula, Mississippi, Daniel J. Marks, Sr., Individually and as a Taxpayer of the PSD, and Katherine Laird Mitchell, a Minor, By and Through her Father and Natural Guardian, Randall L. Mitchell v. Joe Tucker, Tax Collector, Jackson County, Mississippi, Benny Goff, Tax Assessor, Jackson County Mississippi, the Board of Supervisors of Jackson County, Mississippi, and the State of Mississippi, and Defendants-Intervenors Jackson County School District, Moss Point School District and Ocean Springs School District; Jackson Chancery Court; LC Case #: 2008-2253RP; Ruling Date: 05/13/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Joe Tucker, Benny Goff and the Board of Supervisors of Jackson County is denied. Waller, C.J., and Randolph, J., would grant. Pierce, J., not participating.

Pascagoula School District, City of Pascagoula, Mississippi, Daniel J. Marks, Sr., Individually and as a Taxpayer of the PSD, and Katherine Laird Mitchell, a Minor, By and Through her Father and Natural Guardian, Randall L. Mitchell v. Joe Tucker, Tax Collector, Jackson County, Mississippi, Benny Goff, Tax Assessor, Jackson County Mississippi, the Board of Supervisors of Jackson County, Mississippi, and the State of Mississippi, and Defendants-Intervenors Jackson County School District, Moss Point School District and Ocean Springs School District; Jackson Chancery Court; LC Case #: 2008-2253RP; Ruling Date: 05/13/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by Jackson County School District, Moss Point School District and Ocean Springs School District is denied. Waller, C.J., and Randolph, J., would grant. Pierce, J., not participating.

Pascagoula School District, City of Pascagoula, Mississippi, Daniel J. Marks, Sr., Individually and as a Taxpayer of the PSD, and Katherine Laird Mitchell, a Minor, By and Through her Father and Natural Guardian, Randall L. Mitchell v. Joe Tucker, Tax Collector, Jackson County, Mississippi, Benny Goff, Tax Assessor, Jackson County Mississippi, the Board of Supervisors of Jackson County, Mississippi, and the State of Mississippi, and Defendants-Intervenors Jackson County School District, Moss Point School District and Ocean Springs School District; Jackson Chancery Court; LC Case #: 2008-2253RP; Ruling Date: 05/13/2010; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Waller, C.J., and Randolph, J., would grant. Pierce, J., not participating.

Amy Madden v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-509-CR; Ruling Date: 06/16/2010; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.

Anthony Mercie Expose v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2009-93; Ruling Date: 07/21/2010; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Deny: Dickinson, P.J., Kitchens, Chandler and King, JJ. Order entered.

Travis Keithley a/k/a Travis Lee Keithley v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0242; Ruling Date: 09/20/2010; Ruling Judge: Margaret Carey-McCray; Disposition: The premature appeal of this case should be and is hereby dismissed without prejudice and the costs of this appeal are hereby taxed to Washington County. The September 27, 2010, Notice of Appeal shall be deemed effective in the event the trial court overrules the outstanding post-trial motion. Kitchens, J., for the Court. Order entered.

Travis Keithley a/k/a Travis Lee Keithley v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0242; Ruling Date: 09/20/2010; Ruling Judge: Margaret Carey-McCray; Disposition: The premature appeal of this case should be and is hereby dismissed without prejudice and the costs of this appeal are hereby taxed to Washington County. The September 27, 2010, Notice of Appeal shall be deemed effective in the event the trial court overrules the outstanding post-trial motion. Kitchens, J., for the Court. Order entered.