08/09/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
XXX  2009-KP-00233-SCT

Merlin Hardison v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-034-03 WSY; Ruling Date: 05/24/2006; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Kitchens, Chandler and King, JJ., Concur. Waller, C.J., Concurs in Part and in Result With Separate Written Opinion. Carlson, P.J., Dissents With Separate Written Opinion Joined by Randolph, Lamar and Pierce, JJ. Concurring in Part and in Result Opinion: Waller, C.J. Dissenting Opinion: Carlson, P.J. Votes: Randolph, Lamar and Pierce, JJ., Join This Opinion.

Canadian National Railway Company v. Kathleen K. Waltman, Administratrix of The Estates of Robert Lee Kitchens, Jr. And Mary L. Kitchens, Deceased, And Individually; and Robert Lee Kitchens, III; Copiah Circuit Court; LC Case #: 2009-198; Ruling Date: 06/13/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Carlson, P.J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., not participating.

In Re: Local Rules; Disposition: The Motion to Approve Local Rules of the Seventh Circuit Court District filed by the Honorable Tomie T. Green, the Honorable Winston Kidd, the Honorable Bill Gowan, and the Honorable Jeff Weill is granted. The local rules, as set forth in Exhibit A to this Order are approved. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series (Mississippi Edition). To Approve: All Justices. Order entered.

Shawn D. Burton v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0286; Ruling Date: 12/30/2003; Ruling Judge: William Chapman, III; Disposition: Shawn Burton's pro se "Motion for Post-Conviction Relief or, in the Alternative, a Motion for Leave to File Motion for Post-Conviction in Madison County Circuit Court" is dismissed as procedurally barred. Shawn Burton's pro se "Motion and Request for Permission to Amend Pending Post-Conviction Petition" is dismissed as moot. Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., to Dismiss. Dickinson, P.J., and Kitchens, J., would grant. King, J., would deny. Dickinson, P.J., Objects to the Order With Separate Written Statement Joined by Kitchens, J. Order entered.

Carolyn Epperson v. SouthBank; Alcorn Circuit Court; LC Case #: CV08-504PA; Ruling Date: 11/17/2009; Ruling Judge: James Pounds; Disposition: Motion for rehearing filed by Carolyn Epperson is denied.

Andrew Conwill v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2009-0363-R; Ruling Date: 03/17/2010; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed pro se by Andrew Conwill is denied. To Deny: All Justices. Order entered.

Kelvin McKnight v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6344; Ruling Date: 03/02/2010; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by counsel for Kelvin McKnight is denied. To Deny: All Justices. Order entered.

Glen Avent v. Mississippi Power & Light Company (Entergy Mississippi, Inc.); Tunica Circuit Court; LC Case #: 96-0246; Ruling Date: 04/30/2010; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by Glen Avent is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: King, J. Order entered.

Matthew Miller v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 08-0519 1-2; Ruling Date: 03/05/2010; Ruling Judge: S. Harrison; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Stephen D. Reffalt, Jr. v. Gloria F. Reffalt; Hancock Chancery Court; LC Case #: C2301-23,242(3); Ruling Date: 02/12/2009; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by counsel for Stephen D. Reffalt, Jr., is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., To Grant: Dickinson, P.J. Order entered.

Herbert C. Hanson, Jr. v. John Gregory Disotell, J & J Investments, LLC, West Harrison Farms, LLC, Harrison County Code Administration and Ben G. Clark; Harrison Circuit Court 1st District; LC Case #: A2401-98-00302; Ruling Date: 06/29/2010; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by Herbert C. Hanson, Jr., is granted. To Grant: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Chandler, JJ. To Deny: Dickinson, P.J., and Randolph, J. Not Participating: Pierce and King, JJ. Order entered.

Jason Bernard Foxworth a/k/a Jason Benard Foxworth v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2006-25; Ruling Date: 06/23/2010; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by Jason Benard Foxworth is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J. Order entered.

Carson Johnson v. State of Mississippi; Adams Circuit Court; LC Case #: 09-KA-051-J; Ruling Date: 03/02/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Carson Johnson is denied. To Deny: All Justices. Order entered.

Mississippi Insurance Guaranty Association a/k/a MIGA v. Mississippi Workers' Compensation Individual Self-insurer Guaranty Association f/k/a Mississippi Workers' Compensation Self-insurer Guaranty Association; Madison Circuit Court; LC Case #: 2004-0252; Ruling Date: 09/22/2010; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by the Appellee is denied. Kitchens and Pierce, JJ., would grant.

Bailey Lumber & Supply Co. v. Dwight Robinson; Hinds Circuit Court 1st District; LC Case #: 251-09-128CIV; Ruling Date: 09/10/2010; Ruling Judge: S. Harrison; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Waller, C.J., not participating. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.