07/22/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2009-IA-00299-SCT

Delta Regional Medical Center v. Milton Green; Washington Circuit Court; LC Case #: 2008-0177CI; Ruling Date: 02/10/2009; Ruling Judge: Richard Smith; Majority Opinion: Pierce, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Joseph Daniel Burns a/k/a "JoJo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. The execution of Joseph Daniel Burns shall take place on July 21, 2010, in the manner provided by law. It is further ordered that this order shall serve as the warrant of execution for Joseph Daniel Burns. All Justices Agree. Order entered.

Joseph Daniel Burns a/k/a "JoJo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Motion for Access filed by Petitioner, Joseph Daniel Burns, is dismissed without prejudice in part and denied in part. Petitioner's motion related to clemency proceedings is dismissed without prejudice to be refiled with the Office of Governor. Petitioner's Motion for Access related to judicial proceedings is denied. Graves, P.J., and Kitchens, J., object and would find that the Motion for Access to expert psychologist should be granted inasmuch as the Mississippi Department of Corrections does not permit an expert to gain access to a death row inmate without a court order. Further, an order from this Court granting the access requested would not infringe upon the power of the Executive Branch to grant or deny a pardon or commute a sentence. We note that the defendant herein has already requested relief from the Executive Branch and the Office of Governor has correctly indicated that, "This office will not interfere with MDOC internal policy until such an order has been sought." Dickinson, J., not participating. Order entered.

Joseph Daniel Burns a/k/a "JoJo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Motion to Stay Execution filed by Joseph Daniel Burns is denied. Amended Motion to Stay Execution filed by Joseph Daniel Burns is denied. Order entered.

The Estate of Eula Mae Fedrick By and Through Sue Sykes, Administratrix v. Quorum Health Resources, Inc., Neshoba County and Marvin Page; Neshoba Circuit Court; LC Case #: 00-CV-0252-NS-C; Ruling Date: 02/06/2007; Ruling Judge: Vernon Cotten; Disposition: Quorum's motion to strike a portion of appellant's supplemental brief is dismissed as moot. See Opinion of this Court handed down this date.

The Estate of Eula Mae Fedrick By and Through Sue Sykes, Administratrix v. Quorum Health Resources, Inc., Neshoba County and Marvin Page; Neshoba Circuit Court; LC Case #: 00-CV-0252-NS-C; Ruling Date: 02/06/2007; Ruling Judge: Vernon Cotten; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 05/15/2007; Ruling Judge: Dan Fairly; Consolidated with 2008-CA-00240-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 01/22/2008; Ruling Judge: Dan Fairly; Consolidated with 2008-CA-01484-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 08/20/2008; Ruling Judge: Dan Fairly; Disposition: Suggestion of Mootness and Motion to Dismiss Appeal filed by Jennifer McDonald is denied. Order entered.

David Welch v. State of Mississippi; Warren Circuit Court; LC Case #: 06,0175CRV; Ruling Date: 02/26/2007; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by David Welch is denied. To Deny: All Justices. Order entered.

Patricia Fleishhacker v. Walter Fleishhacker; Lee Chancery Court; LC Case #: 04-395-(41)-L; Ruling Date: 06/15/2007; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by Walter Fleishhacker was granted by order of this Court on January 28, 2010. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. Petition for writ of certiorari filed by Walter Fleishhacker is dismissed as improvidently granted. Pierce, J., Objects to the Order with Separate Written Statement Joined by Dickinson, Randolph and Lamar, JJ. Graves, P.J., for the Court. Order entered.

Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 01/22/2008; Ruling Judge: Dan Fairly; Consolidated with 2007-CA-00886-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 05/15/2007; Ruling Judge: Dan Fairly; Consolidated with 2008-CA-01484-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 08/20/2008; Ruling Judge: Dan Fairly; Disposition: Suggestion of Mootness and Motion to Dismiss Appeal filed by Jennifer McDonald is denied. Order entered.

Johnny Brown a/k/a Johnny Ray Brown a/k/a Johnny R. Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-235; Ruling Date: 07/24/2006; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Robert S. Robertson v. Chateau LeGrand Property Owner's Association, Inc.; Harrison Chancery Court 2nd District; LC Case #: 2402-00-0062; Ruling Date: 01/22/2007; Ruling Judge: Margaret Alfonso; Disposition: Petition for writ of certiorari filed by counsel for Robert S. Robertson is denied. To Deny: All Justices. Order entered.

David Jackson Williams v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK06-083; Ruling Date: 09/27/2007; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by David Jackson Williams is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens and Pierce, JJ. To Deny: Graves, P.J., Randolph and Chandler, JJ. Order entered.

Cedric Catchings v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-856; Ruling Date: 05/21/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Cedric Catchings is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered.

Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 08/20/2008; Ruling Judge: Dan Fairly; Consolidated with 2007-CA-00886-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 05/15/2007; Ruling Judge: Dan Fairly; Consolidated with 2008-CA-00240-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 01/22/2008; Ruling Judge: Dan Fairly; Disposition: Suggestion of Mootness and Motion to Dismiss Appeal filed by Jennifer McDonald is denied. Order entered.

Margery McDaniel, Individually and as Personal Representative on Behalf of The Estate of and Wrongful Death Beneficiaries of Terrell J. McDaniel, Deceased v. Dr. Nanni Pidikiti; Alcorn Circuit Court; LC Case #: 2000-138-G-A; Ruling Date: 08/18/2008; Ruling Judge: Thomas Gardner, III; Disposition: Petition for Certiorari filed by Margery McDaniel is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Randolph, J. Order entered.

Calvin Baskin v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: OK2008-020A; Ruling Date: 07/30/2008; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by counsel for Calvin Baskin is denied. To Deny: All Justices. Order entered.

Ray Thomas Gore v. State of Mississippi; Scott Circuit Court; LC Case #: 08-CR-050-SC-G; Ruling Date: 10/06/2008; Ruling Judge: Marcus Gordon; Disposition: Ray Thomas Gore's pro se petition for a writ of certiorari is granted. To Grant: Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Randolph and Pierce, JJ. Order entered.

Albert Joiner, Jr. v. State of Mississippi; Lafayette Circuit Court; LC Case #: L08-356; Ruling Date: 01/15/2009; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by counsel for Albert Joiner, Jr., is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Adams Community Care Center, LLC d/b/a Adams County Nursing Center, Adams County Nursing Center, Magnolia Management Corporation d/b/a Magnolia Ancillary Services, Inc., Comm-Care Mississippi d/b/a Adams Comm-Care, LLC and Edward E. Crow, Administrator v. Sheila Reed, as Personal Representative and Conservator of Annie Reed; Adams Circuit Court; LC Case #: 05-KV-0246; Ruling Date: 12/22/2008; Ruling Judge: Lillie Sanders; Disposition: Motion for rehearing filed by appellants is denied.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: Stephen E. Markert is appointed as the Marshal of the Supreme Court of Mississippi effective July 12, 2010, at a gross annual salary fixed by the Justices of the Court within the Court's appropriation; that Stephen E. Markert shall take an oath of office prior to entering the duties of the office of Marshal; and that, as Marshal and as provided in Miss. Code Ann., Section 9-3-29, Stephen E. Markert shall attend the sessions of the Court, shall perform all the duties of a sheriff attending court, shall obey all lawful orders of the Court, and shall serve during the pleasure of the Court. Order entered.

Joseph Daniel Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR-95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Application for Leave to Proceed in Trial Court with Successive Petition for Post-Conviction Relief filed by Joseph Daniel Burns is denied. Randolph, J., for the Court. Order entered.