08/04/2011 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2008-CT-00754-SCT

Craig Lashoun McBeath v. State of Mississippi; Scott Circuit Court; LC Case #: 2007-CR-092-SC-G; Ruling Date: 04/15/2008; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Craig McBeath is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.

Vanessa Decker a/k/a Vanessa Francis Decker a/k/a Vanessa Frances Decker a/k/a Fran v. State of Mississippi; Clay Circuit Court; LC Case #: 9092; Ruling Date: 08/01/2008; Ruling Judge: Lee Howard; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Clay County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Chandler and King, JJ., not participating.

Lisa Jo Chamberlin v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715CR; Ruling Date: 08/04/2006; Ruling Judge: Robert Helfrich; Disposition: The request for Approval of Final Payment of Attorneys' Fees is granted. The Court authorizes the final payment of attorneys' fees in the amount of $11,098.96. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Lawonda Shephard and Alfred Kirkham v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2008-022-CR2; Ruling Date: 12/17/2008; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by Alfred Kirkham is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.

Arvin Phillip Johnson v. State of Mississippi; Marion Circuit Court; LC Case #: K07-0372P; Ruling Date: 03/06/2009; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Arvin Phillip Johnson is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and Chandler, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Not Participating: King, J. Order entered.

Manda Griffin, Individually and as a Wrongful Death Beneficiary, and on behalf of all other Wrongful Death Beneficiaries of Gracie M. Stephens, Deceased v. North Mississippi Medical Center; Lee Circuit Court; LC Case #: CV01-207(R)L; Ruling Date: 04/09/2009; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Manda Griffin is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Chandler and Pierce, JJ. To Grant: Carlson, P.J., Lamar and Kitchens, JJ. Not Participating: King, J. Order entered.

Dr. Rick Hoover v. Dr. Robert Holbert; Jackson Circuit Court; LC Case #: 2008-00527; Ruling Date: 07/23/2009; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Dr. Rick Hoover is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Randolph and King, JJ. Order entered.

Bobbi J. Young and Lynda L. Carter, Next of Kin of Clarence S. Young, Deceased v. Dr. Robert H. Smith and Baptist Memorial Hospital-DeSoto; DeSoto Circuit Court; LC Case #: CV2001-204RD; Ruling Date: 10/06/2009; Ruling Judge: Andrew Baker; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Chandler, Pierce and King, JJ., Concur. Waller, C.J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., and King, J. Kitchens, J., Dissents With Separate Written Opinion. Lamar, J., not participating. Specially Concurring Opinion: Waller, C.J. Votes: Dickinson, P.J., and King, J., Join This Opinion. Dissenting Opinion: Kitchens, J.

Bertha Collins v. Mississippi Department of Employment Security; Monroe Circuit Court; LC Case #: CV2009-319-RM; Ruling Date: 01/11/2010; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by Bertha Collins is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar and Chandler, JJ. To Grant: Waller, C.J., Kitchens and Pierce, JJ. Not Participating: King, J. Order entered.

The Mississippi Bar v. Michael R. Wall; Disposition: Motion for Disbarment filed by the Mississippi Bar is granted. Michael R. Wall is hereby disbarred from the practice of law in the State of Mississippi, and his name shall be immediately removed from the Bar Rolls. This order shall constitute notice of disbarment in this cause. The Bar shall recover from Michael R. Wall all of its costs and expenses of this disciplinary action. Michael R. Wall taxed with all costs of this appeal. Order entered.

The Mississippi Bar v. Michael R. Wall; Disposition: Motion for Disbarment filed by the Mississippi Bar is granted. Michael R. Wall is hereby disbarred from the practice of law in the State of Mississippi, and his name shall be immediately removed from the Bar Rolls. This order shall constitute notice of disbarment in this cause. The Bar shall recover from Michael R. Wall all of its costs and expenses of this disciplinary action. Michael R. Wall taxed with all costs of this appeal. Order entered.

Dialysis Solutions, LLC v. Mississippi State Department of Health; Mary Currier, in Her Official Capacity as the Executive Director of the Department and State Health Officer; Hinds Department of Health Certificate of Need 1st District; Ruling Judge: Mary Currier; Disposition: On the Court's own motion, within thirty days of the entry of this order, the parties shall file the original and nine copies of simultaneous briefs, each not to exceed twenty-five pages, which address whether Section 1 of 2011 Mississippi Laws chapter 540 is constitutional under Mississippi Constitution article 6, section 146 and whether this Court has appellate jurisdiction over this direct appeal from a decision of the Department of Health. Pursuant to Mississippi Rule of Appellate Procedure 44, the Attorney General of Mississippi is hereby notified that before the Court in this appeal are the questions of whether Section 1 of 2011 Mississippi Laws chapter 540 is constitutional under Mississippi Constitution article 6, section 146 and whether this Court has appellate jurisdiction over this direct appeal from a decision of the Department of Health. The Attorney General may file a brief addressing these questions in the manner and within the time stated above for the parties' briefs. The Clerk of this Court shall provide copies of this order to the parties and the Attorney General of Mississippi. Order entered.