08/11/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2009-IA-02022-SCT

Jackson Public School District, Marilyn Minter, Michelle King, and the City of Jackson v. Latisha Head, a Minor, By and Through Shirley Russell, Her Mother and Next Friend; Ashley McCoy, a Minor, By and Through Shirley McCoy, Her Mother and Next Friend; and Shirley Russell, Individually; Hinds Circuit Court 2nd District; LC Case #: 251-04-1315CIV; Ruling Date: 12/08/2009; Ruling Judge: Tomie Green; Majority Opinion: Chandler, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Pierce and King, JJ., Concur. Lamar, J., not participating.

City of Jackson, Mississippi v. Mary Gray, Chris Clausell, et al.; Hinds Circuit Court 1st District; LC Case #: 251-07-755 CIV; Ruling Date: 09/08/2009; Ruling Judge: William Coleman; Majority Opinion: Carlson, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur. Pierce, J., not participating.

H. K. Herndon, Jr. and Myrna J. Herndon v. Mississippi Forestry Commission and Jimmy D. Bond; Pearl River Circuit Court; LC Case #: 2007-0104P; Ruling Date: 04/06/2009; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by H. K. Herndon, Jr., and Myrna J. Herndon is denied. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens and Pierce, JJ. To Grant: Waller, C.J., and Chandler, J. Not Participating: Randolph and King, JJ. Order entered.

Kenneth W. Keys v. State of Mississippi; Forrest Circuit Court; LC Case #: CI08-0044; Ruling Date: 05/27/2009; Ruling Judge: Robert Helfrich; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Gregory L. Redmond v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-260 01/02 CA; Ruling Date: 07/16/2008; Ruling Judge: L. Hilburn; Disposition: Motion for rehearing filed pro se by Gregory L. Redmond is denied.

Dot Merchant, as Administratrix of The Estate of Charles Ernie Harris, Sr., and on behalf of all Wrongful Death Beneficiaries of Charles Ernie Harris, Sr. v. Forest Family Practice Clinic, P.A. and John P. Lee, M.D.; Scott Circuit Court; LC Case #: 2008-CV-280-SC-G; Ruling Date: 06/11/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Chandler and King, JJ. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

Mississippi Commission on Judicial Performance v. Theresa Brown Dearman; LC Case #: 2009-144; Ruling Date: 08/26/2010; Ruling Judge: H. Clark, II; Disposition: Motion for rehearing filed by Theresa Brown Dearman is denied. Kitchens, J., would grant.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Randolph, Chandler and Pierce, JJ., would grant.

Mississippi Commission on Judicial Performance v. Jimmy McGee; LC Case #: 2009-241/2010-046; Ruling Date: 01/19/2011; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance is granted in part and denied in part. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Jimmy McGee; LC Case #: 2009-241/2010-046; Ruling Date: 01/19/2011; Ruling Judge: H. Clark, II; Majority Opinion: Carlson, P.J. Disposition: Count I: Alcorn County Justice Court Judge Jimmy McGee shall be suspended from office for a period of two hundred seventy (270) days without pay, effective on the date of issuance of this Court's mandate; publicly reprimanded; and assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Alcorn County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge McGee in attendance. Count II: Dismissed with prejudice. Justice Court Judge Jimmy McGee taxed with costs of appeal. Votes: Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Waller, C.J., not participating. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J.

Joseph Dewayne Johnson v. Sysco Food Services and New Hampshire Insurance Company; Hinds Workers' Comp Direct Appeal 1st District; LC Case #: 0805029-K-0863-E; Ruling Date: 07/01/2011; Ruling Judge: Virginia Mounger; Disposition: On the Court's own motion, this appeal is retained by the Supreme Court for decision. 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 2011 Mississippi Laws Chapter 389 is constitutional under Mississippi Constitution Article 6, Section 146 and whether this Court has appellate jurisdiction over this direct appeal from a final award by the Mississippi Workers' Compensation Commission. 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 2011 Mississippi Laws Chapter 389 is constitutional under Mississippi Constitution Article 6, Section 146, and whether this Court has appellate jurisdiction over this direct appeal from a final award by the Mississippi Workers' Compensation Commission. 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.