07/23/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2013-KA-01880-SCT

John Lee Franklin a/k/a John Franklin v. State of Mississippi; Scott Circuit Court; LC Case #: 13-CR-050-SC-G; Ruling Date: 10/10/2013; Ruling Judge: Marcus Gordon; Majority Opinion: Pierce, J. Disposition: Conviction of Arson and Sentence of Eighteen (18) Years in the Custody of the Mississippi Department of Corrections, Affirmed. The Appellant shall pay a Fine in the amount of $1,500, Restitution to the owners of the dwelling house in the amount of $10,000, and Restitution to the victim in the amount of $3,000. The Fine, Restitution to the owners of the dwelling house, and Restitution to the victim shall be made in monthly installments, to the Circuit Clerk of Scott County, Mississippi, in the amount of $150 with the first payment due ninety (90) days following release. Appellant shall be given credit for thirteen (13) days of jail time served. Scott County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., and Chandler, J., Concur. Lamar and Coleman, JJ., Concur in Part and in Result without Separate Written Opinion. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

The Service Companies, Inc. d/b/a FSS v. The Estate of Mautrice Vaughn, Individually, and Linda Vaughn, on Behalf of all Wrongful Death Beneficiaries of Mautrice Vaughn, Deceased; Tunica Circuit Court; LC Case #: 2011-0085; Ruling Date: 01/08/2014; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Chandler, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion.

Elijah Strong v. North Mississippi Center for Higher Educational Advancement, Inc. and Warren E. Stamps; Clay Circuit Court; LC Case #: 2011-0104-K; Ruling Date: 03/25/2013; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for Writ of Certiorari filed by Elijah Strong was granted by order of this Court on May 6, 2015. Upon further consideration, the Court finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Waller, C.J., for the Court. Chandler, J., not participating. Order entered.

Timothy Lee Carr v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-26-CV4; Ruling Date: 05/23/2013; Ruling Judge: Billy Landrum; Majority Opinion: Lamar, J. Disposition: Affirmed. Jones County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Chandler, Pierce and Coleman, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Tallulah A. Redding, Sharon L. Anderson and Arthur Wayne Anderson, Jr. v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO2010-1693 CD; Ruling Date: 04/16/2013; Ruling Judge: Allen Couch, Jr.; Disposition: The Petition for Writ of Certiorari filed by the Mississippi Transportation Commission is denied. To Deny: All Justices. Order entered.

Sherwood Dwayne Brown a/k/a Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2007-0215; Ruling Date: 05/31/2013; Ruling Judge: Robert Chamberlin; Disposition: The Motion for Rehearing filed by the Appellant is denied. Deny: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ. Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. Not Participating: Lamar, J. Order entered.

One (1) 2011 Chevrolet Silverado 1500, Kelly Bowen Wilson and Stephen Elliott Pergande v. Panola County Narcotics Task Force, a Division of Panola County Sheriff's Department; Panola Circuit Court 2nd District; LC Case #: CV2012-102-JM-P2; Ruling Date: 05/09/2013; Ruling Judge: James McClure, III; Disposition: The Petition for Writ of Certiorari filed by counsel for Panola County Narcotics Task Force, A Division of Panola County Sheriff's Department is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Timothy Nelson Evans v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-0013; Ruling Date: 08/23/2013; Ruling Judge: Lisa Dodson; Disposition: The Motion for All Medical and Mental Health in Master File in possession of Judge Lisa P. Dodson filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.

David T. Huntington v. Margaret F. Huntington; Copiah Circuit Court; LC Case #: 2013-0063; Ruling Date: 11/12/2013; Ruling Judge: Lamar Pickard; Consolidated with 2013-IA-02038-SCT David T. Huntington v. William T. Huntington, A Minor, By and Through His Mother and Next Friend, Cindy P. Huntington, and William T. Huntington, Individually; Copiah Circuit Court; LC Case #: 2013-0064; Ruling Date: 11/12/2013; Ruling Judge: Lamar Pickard; Disposition: Petition for Interlocutory Appeal filed by counsel for the Appellant was granted July 3, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need to further review, and this appeal should be dismissed. On the Court's own motion, the appeal is dismissed. All costs of this appeal are assessed to the Appellant. Pierce, J., for the Court. Order entered.

David T. Huntington v. William T. Huntington, A Minor, By and Through His Mother and Next Friend, Cindy P. Huntington, and William T. Huntington, Individually; Copiah Circuit Court; LC Case #: 2013-0064; Ruling Date: 11/12/2013; Ruling Judge: Lamar Pickard; Consolidated with 2013-IA-02037-SCT David T. Huntington v. Margaret F. Huntington; Copiah Circuit Court; LC Case #: 2013-0063; Ruling Date: 11/12/2013; Ruling Judge: Lamar Pickard; Disposition: Petition for Interlocutory Appeal filed by counsel for the Appellant was granted July 3, 2014, in order to carefully review the issues and record in this matter. Having done so, the Court now finds that there is no need to further review, and this appeal should be dismissed. On the Court's own motion, the appeal is dismissed. All costs of this appeal are assessed to the Appellant. Pierce, J., for the Court. Order entered.

Franklin Fitzpatrick a/k/a Franklin L. Fitzpatrick v. State of Mississippi; Tippah Circuit Court; LC Case #: TK11-006; Ruling Date: 05/10/2013; Ruling Judge: Andrew Howorth; Majority Opinion: Waller, C.J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Said Sentence shall not be reduced or suspended, nor shall the Appellant be eligible for parole or probation. Tippah County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents with separate written opinion joined by Dickinson, P.J., King and Coleman, JJ. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., King and Coleman, JJ., Join This Opinion.

Toccara Williams v. Memorial Hospital at Gulfport and Nikkita Barr; Harrison Circuit Court 1st District; LC Case #: 24CI1:14-cv-174; Ruling Date: 05/04/2015; Ruling Judge: Roger Clark; Disposition: The Petition of Defendant Toccara Williams to appeal from an Interlocutory Order of the Circuit Court of Harrison County is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The trial court's order granting motion to quash is reversed and this matter is remanded to the Circuit Court of Harrison County, First Judicial District for further proceedings consistent with this Order. The costs of this appeal are taxed equally to the parties. Agree: All Justices. Dickinson, P.J., for the Court. Order entered.