08/05/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2009-CA-00268-SCT

Shelia Regan v. South Central Regional Medical Center; Jones Circuit Court 2nd District; LC Case #: 2005-48-CV3; Ruling Date: 12/15/2008; Ruling Judge: Billy Landrum; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Kitchens and Chandler, JJ., Concur. Dickinson, J., Concurs in Part and in Result With Separate Written Opinion Joined by Lamar, J. Graves, P.J., not participating. Concurring in Part and in Result Opinion: Dickinson, J. Votes: Lamar, J., Joins This Opinion.

Wanda Clark v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2005-0025; Ruling Date: 02/08/2008; Ruling Judge: Kenneth Thomas; Majority Opinion: Chandler, J. Disposition: Count II: Conviction of felonious abuse/battery of a child and sentence of eighteen (18) years, with six (6) years suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of felonious abuse/battery of a child and sentence of eighteen (18) years, with six (6) years suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts ll and lll shall run concurrently with each other and consecutively to any and all sentences previously imposed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

Janice Elline Peeples v. Robot Coupe USA, Inc., Frankie Deel and C.R. Redding; Madison Circuit Court; LC Case #: CI-2007-0461-R; Ruling Date: 05/08/2009; Ruling Judge: Samac Richardson; Majority Opinion: Kitchens, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

City of Jackson, Mississippi and Jackson Police Department v. Edna Harris, Individually and as Administratrix of the Estate of Desmonde Harris and James Harris, Individually; Hinds Circuit Court 1st District; LC Case #: 251-05-1065CIV; Ruling Date: 04/28/2009; Ruling Judge: W. Yerger; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Chandler and Pierce, JJ., Concur. Graves, P.J., and Kitchens, J., not participating.

The University of Mississippi Medical Center a/k/a University Hospital a/k/a UMC v. Joey Gore; Hinds Circuit Court 1st District; LC Case #: 251-02-1580-CIV; Ruling Date: 03/13/2008; Ruling Judge: Winston Kidd; Majority Opinion: Graves, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Marcus Davis v. State of Mississippi; Leflore Circuit Court; LC Case #: 2008-0035; Ruling Date: 04/21/2009; Ruling Judge: Richard Smith; Majority Opinion: Graves, P.J. Disposition: Count I: Conviction of attempted armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with ten (10) years to be served, followed by ten (10) years of post-release supervision, with five (5) years supervised and five (5) years unsupervised, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, J., Concurs in Result Only Without Separate Written Opinion.

Pinecrest, LLC and Mastercare, Inc. v. Eula Jane Harris, Executrix of the Estate of Myrtle R. Callendar, for the Use and Benefit of the Estate of Myrtle Callendar, and for the Use and Benefit of the Wrongful Death Beneficiaries of Myrtle Callendar; Copiah Circuit Court; LC Case #: 2002-0670; Ruling Date: 09/29/2008; Ruling Judge: David Strong, Jr.; Consolidated with 2007-M-01622-SCT Eula Jane Harris, Executrix of the Estate of Myrtle R. Callendar, for the use and benefit of the Estate of Myrtle Callendar, and for the use and benefit of the wrongful death beneficiaries of Myrtle R. Callendar v. Pinecrest, LLC, Mastercare, Inc. and Pinecrest Facilities, Inc., John Does 1 through 10 and Unidentified Entities 1 through 10 (as to Pine Crest Guest Home); Copiah Circuit Court; LC Case #: 2002-0670; Ruling Date: 08/27/2007; Ruling Judge: Lamar Pickard; Consolidated with 2006-CA-00329-SCT Eula Jane Harris, Executrix of the Estate of Myrtle R. Callendar, for the Use and Benefit of the Estate of Myrtle R. Callendar, and for the Use and Benefit of the Wrongful Death Beneficiaries of Myrtle R. Callendar v. G. Ron Guins and Ellen B. Harrigill; Copiah Circuit Court; LC Case #: 2002-0670; Ruling Date: 02/06/2006; Ruling Judge: Lamar Pickard; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., not participating.

Thomas Lavirl Slade v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-201CR; Ruling Date: 08/21/2007; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for Thomas Lavirl Slade was granted by order of this Court entered on May 13, 2010. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by counsel for Thomas Lavirl Slade is hereby dismissed as improvidently granted. Chandler, J., for the Court. Order entered.

Bluewater Logistics, LLC, Bluewater Bay LLC, Patricia L. Mosser, Marquetta Smith and Michael J. Floyd v. James Stewart Williford, Jr.; Forrest Chancery Court; LC Case #: 06-0092-GN-W; Ruling Date: 01/07/2008; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by counsel for James Stewart Williford, Jr., is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Graves, P.J. Order entered.

Damita Ann Hill v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2006-187; Ruling Date: 06/21/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for a writ of certiorari filed pro se by Damita Ann Hill is denied. To Deny: All Justices. Order entered.

Melissa Ann Betts v. Chalmus Barry Massey; Neshoba Chancery Court; LC Case #: 2005-323; Ruling Date: 06/27/2008; Ruling Judge: Edward Fenwick; Disposition: Petition for writ of certiorari filed by Melissa Ann Betts is denied. To Deny: All Justices. Order entered.

Mississippi Insurance Guaranty Association v. Bridgette Blakeney; Jones Circuit Court 2nd District; LC Case #: 2008-942-CV08; Ruling Date: 10/27/2008; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Mississippi Insurance Guaranty Association is granted. To Grant: Carlson, P.J., Dickinson, Randolph and Lamar, JJ. To Deny: Waller, C. J., Graves, P.J., Kitchens, Chandler and Pierce, JJ. Order entered.

Toulman D. Boatwright v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2009-CA-01412 Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Disposition: Motion to Designate Case Confidential filed by appellant is denied. Pages 1101-1135 of the appeal record shall be unsealed, with certain portions redacted. Graves, P.J., not participating. Order entered.

The Mississippi Bar v. James F. Valley; Disposition: Motion to Reopen Case filed by The Mississippi Bar is granted. Case No. 2008-BD-01884-SCT is hereby reopened. The Bar is allowed 120 days from the date of this order in which to serve Valley with process. To Grant: All Justices. Order entered.

In the Matter of the Estate of Helen G. Vickery, Deceased: Glendy Burke "Vick" Vickery v. George W. Vickery, Jr.; Harrison Chancery Court 1st District; LC Case #: 05-02526 (3); Ruling Date: 12/16/2008; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by Glendy Burke "Vick" Vickery is denied. To Deny: All Justices. Order entered.

Andre J. Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2007-294-KR2; Ruling Date: 11/10/2008; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed pro se by appellant is denied.

Lent E. Thomas, Jr. v. Board of Supervisors of Panola County, Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2008-25BP2; Ruling Date: 02/10/2009; Ruling Judge: Andrew Baker; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Kitchens and Pierce, JJ., Concur. Randolph, J., Concurs in Result Only Without Separate Written Opinion. Dickinson, J., Dissents With Separate Written Opinion Joined by Waller, C.J. Lamar, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Waller, C.J., Joins This Opinion.

A-1 Pallet Company v. City of Jackson, Mississippi; Hinds Chancery Court 1st District; LC Case #: G2007-1147T/1; Ruling Date: 05/04/2009; Ruling Judge: J. Thomas; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., not participating.

City of Jackson, Mississippi and Jackson Police Department v. Edna Harris, Individually and as Administratrix of the Estate of Desmonde Harris and James Harris, Individually; Hinds Circuit Court 1st District; LC Case #: 251-05-1065CIV; Ruling Date: 04/28/2009; Ruling Judge: W. Yerger; Disposition: Motion to Postpone Oral argument filed by counsel for appellee is granted. Oral argument in this case was cancelled by letter from the Court dated April 21, 2010.

Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2008-M-01855 Toulman D. Boatwright v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Judge: Edwin Roberts, Jr.; Disposition: Motion to Designate Case Confidential filed by appellant is denied. Pages 1101-1135 of the appeal record shall be unsealed, with certain portions redacted. Graves, P.J., not participating. Order entered.

The Mississippi Bar v. Robert E. Clark; Majority Opinion: Randolph, J. Disposition: Robert E. Clark is hereby suspended from the practice of law in the State of Mississippi for two (2) years and assessed with costs and expenses. Robert E. Clark taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.