07/23/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2007-KA-01572-SCT

Tomarcus Monte Fulks v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0536-CR1; Ruling Date: 03/01/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

William Jennings, Jr. v. Rudolph L. McCelleis; Hinds Circuit Court 1st District; LC Case #: 251-05-555; Ruling Date: 08/14/2008; Ruling Judge: L. Hilburn; Consolidated with 2007-CA-00404-COA William Jennings, Jr. v. Rudolph L. McCelleis; Hinds Circuit Court 1st District; LC Case #: 251-05-555CIV; Ruling Date: 01/10/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Kitchens, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Waller, C.J., not participating.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 45 of the Mississippi Rules of Civil Procedure is amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2009. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Not Participating: Graves, P.J. Order entered.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: Mississippi Board of Bar Admissions' Motion to Amend the Rules Governing Admission to The Mississippi Bar to increase certain fees is granted. Rule IV of the Rules Governing Admission to The Mississippi Bar is amended, effective July 10, 2009, as set forth in Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. To Deny: Pierce, J. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 46 of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2009. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Not Participating: Graves, P.J. Order entered.

Van Gray v. State of Mississippi; Lamar Circuit Court; LC Case #: 2006-19P; Ruling Date: 06/16/2006; Ruling Judge: R. Prichard, III; Disposition: The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Graves, P.J., Dickinson, Randolph and Kitchens, JJ. To Grant: Carlson, P.J., Lamar and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Maurice Gray v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-0116; Ruling Date: 09/18/2006; Ruling Judge: Albert Smith, III; Disposition: The Petition for Writ of Certiorari filed pro se by Maurice Gray 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.

Billy Mack Sullivan, Teresa Sullivan Rankin, Billy H. Sullivan, Alice M. Lowther, James H. Lowther, Jr., Julian Barry Lowther, Paul Edward Lowther and Sherri Lynn Lacy v. Eugene C. Tullos d/b/a Tullos & Tullos, John Raymond Tullos d/b/a Tullos & Tullos, Crymes G. Pittman, Individually and d/b/a Pittman, Germany, Roberts & Welsh, LLP and Billy Means; Hinds Circuit Court 1st District; LC Case #: 251-06-496; Ruling Date: 02/08/2007; Ruling Judge: Bobby DeLaughter; Disposition: The Petition for Writ of Certiorari filed by appellants is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Lamar and Pierce, JJ. To Deny: Dickinson, J. Not Participating: Randolph, Kitchens and Chandler, JJ. Order entered.

David Brooks v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0095-CR; Ruling Date: 05/05/2006; Ruling Judge: James Kitchens, Jr.; Disposition: The 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: Graves, P.J., Dickinson and Kitchens, JJ. Not Participating: Chandler, J. Order entered.

Carl Sherman Spurlock v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 532-05; Ruling Date: 05/11/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Carl Sherman Spurlock 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.

Martha Lott v. Hudspeth Center and Mississippi State Agencies Workers' Compensation Trust; Montgomery Circuit Court; LC Case #: 2006-0120CVL; Ruling Date: 08/20/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Hudspeth Center and Mississippi State Agencies Workers' Compensation Trust is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. To Deny: Graves, P.J., and Kitchens, J. Not Participating: Chandler, J. Order entered.

Dell H. Palmer, Tanja E. Adams and Audrey Neely v. Mississippi Real Estate Commission; Madison Circuit Court; LC Case #: 2007-0039C; Ruling Date: 08/24/2007; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari of Appellants Dell H. Palmer, Tanja E. Adams, and Audrey Neely is denied. To Deny: All Justices. Order entered.

Nina Price, Individually and on Behalf of all Wrongful Death Beneficiaries of Albert B. Price, Jr., Deceased v. Steven Clark, M.D., Samuel Duff Austin, M.D., Bennie Barnette Wright, Jr., M.D., Estate of Barry Stephen Sullivan, M.D., Cleveland Medical Alliance, LLP, Cleveland Medical Clinic, PLLC, Cleveland Medical Clinic, LTD and Cleveland Clinic, P.A.; Bolivar Circuit Court 2nd District; LC Case #: 2004-0107; Ruling Date: 08/17/2007; Ruling Judge: Charles Webster; Disposition: Appellees' Motion to Strike New Arguments on Appeal is dismissed as moot. Order entered.

Nina Price, Individually and on Behalf of all Wrongful Death Beneficiaries of Albert B. Price, Jr., Deceased v. Steven Clark, M.D., Samuel Duff Austin, M.D., Bennie Barnette Wright, Jr., M.D., Estate of Barry Stephen Sullivan, M.D., Cleveland Medical Alliance, LLP, Cleveland Medical Clinic, PLLC, Cleveland Medical Clinic, LTD and Cleveland Clinic, P.A.; Bolivar Circuit Court 2nd District; LC Case #: 2004-0107; Ruling Date: 08/17/2007; Ruling Judge: Charles Webster; Majority Opinion: Carlson, P.J. Disposition: On Direct Appeal: Affirmed in Part and Reversed and Remanded in Part. On Cross-Appeal: Affirmed. Appellant and appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Lamar and Pierce, JJ., Concur. Dickinson, J., Concurs With Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., and Lamar, J. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ.; Randolph, J. Joins In Part. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring Opinion: Dickinson, J. Votes: Waller, C.J., Carlson, P.J., and Lamar, J., Join This Opinion. Dissenting Opinion: Graves, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Randolph, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Randolph, J.

Brent Edison Murphy v. Christopher B. Epps, Ronald King a/k/a Ron King and Alicia Box; Pearl River Circuit Court; LC Case #: 2007-0489; Ruling Date: 10/10/2007; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed pro se by Brent Edison Murphy is granted. To Grant: Waller, C.J., Carlson, P.J., Lamar and Kitchens, JJ. To Deny: Graves, P.J., Dickinson, Randolph and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Cartez Brazzle v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-467(1&2); Ruling Date: 10/29/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Pierce, J. Disposition: Count l: Conviction of carjacking and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count ll: Conviction of kidnapping and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts l and ll to run consecutively. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Chandler, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion.

Tunica County, Mississippi v. Christina Bell Gray, Milton Bell, Charles C. Bell and Garmillia Ann Bell, Individually and as the Wrongful Death Heirs of Clarence Leon Bell, Deceased, and the Estate of Clarence Leon Bell, by and through its Administratrix, and Renee Dowd; Tunica Circuit Court; LC Case #: 2004-0169; Ruling Date: 05/01/2008; Ruling Judge: Charles Webster; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler, J. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion.

Public Employees' Retirement System v. Jannie M. Dishmon; Hinds Circuit Court 1st District; LC Case #: 251-02-1166(CIV); Ruling Date: 03/19/2008; Ruling Judge: Tomie Green; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens and Chandler, JJ., Concur. Lamar, J., Dissents With Separate Written Opinion. Dissenting Opinion: Lamar, J.