08/15/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2012-KA-00789-SCT

David Waits v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-148CRH; Ruling Date: 02/08/2012; Ruling Judge: L. Hilburn; Majority Opinion: Pierce, J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence enhancement for use of a firearm under Section 97-37-37 is reversed and the case is remanded for the trial court to strike the gun enhancement from the sentencing order. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Randolph, P.J., Joins This Opinion.

Johnny Ray Magee v. State of Mississippi; Marion Circuit Court; LC Case #: 2010-0183-P; Ruling Date: 09/14/2010; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Johnny Ray Magee is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Marianne M. Mabie, as Personal Representative of the Estate of Lefferts L. Mabie, Jr. v. Roy Shannon; Harrison Circuit Court 2nd District; LC Case #: A2402 07 115; Ruling Date: 06/30/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by Roy Shannon is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Dickinson, P.J., and Pierce, J. Order entered.

Victor D. Jones a/k/a Victor Dewayne Jones v. State of Mississippi; Pike Circuit Court; LC Case #: 11-084-PCS; Ruling Date: 08/01/2011; Ruling Judge: David Strong, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part and Reversed in Part. Pike County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion.

Clayton Paul Bateman a/k/a Clayton P. Bateman v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-10-0021; Ruling Date: 02/09/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Waller, C.J. Disposition: Count I: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of touching of a child for lustful purposes and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of touching of a child for lustful purposes and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence of fifteen (15) years in Count III to run consecutively with the fifteen (15) years in Count V for a total of thirty (30) years; sentence of thirty (30) years in Count I to run concurrently with the thirty (30) years in Count II, for a total of thirty (30) years to run concurrently with Counts III and V for a total of thirty (30) years day for day under Section 47-7-3. Appellant shall register as a sex offender under Section 45-3-27. Appellant shall be given credit for any and all time served as to this charge. Harrison County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion. Chandler, J., Concurs in Part and in Result With Separate Written Opinion Joined by Dickinson, P.J. Concurring in Part and in Result Opinion: Chandler, J. Votes: Dickinson, P.J., Joins This Opinion.

Susan V. Cooper v. The Estate of William David Gatwood; Lamar Circuit Court; LC Case #: 2010-243H; Ruling Date: 03/23/2012; Ruling Judge: Prentiss Harrell; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

The Mississippi Bar v. Jimmie L. Collins; Disposition: Motion to Dismiss Formal Complaint filed by Jimmie L. Collins is denied. Order entered.

The Mississippi Bar v. Jimmie L. Collins; Majority Opinion: Dickinson, P.J. Disposition: The Mississippi Bar's request for disbarment of Jimmie L. Collins from the practice of law in the State of Mississippi is denied. Mississippi Bar taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Robert G. Germany and Pittman, Germany, Roberts & Welsh, LLC v. Ashley DeJanae Stower, Individually and as Wrongful Death Beneficiary of Rodney Sandrell Stowers; Delie A. Shepard, Individually and as Administratrix of the Estate of Rodney Sandrell Stowers, and on Behalf of the Wrongful Death Beneficiaries of Rodney Sandrell Stowers; Hinds Circuit Court 1st District; LC Case #: 251-12-548; Ruling Date: 01/11/2013; Ruling Judge: Henry Lackey; Disposition: Motion for rehearing filed by counsel for petitioners is denied. The respondents' motion to strike and for sanctions is denied. To Deny: Waller, C.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson and Randolph, P.JJ., and King, J. Order entered.

DBA Automotive Two, LLC v. Chrysler Financial Services Americas, LLC f/k/a Daimler Chrysler Services North America, LLC; Lincoln Circuit Court; LC Case #: 2009-458-LS; Ruling Date: 02/26/2012; Ruling Judge: William Barnett; Disposition: DBA Automotive Two, LLC's "Petitioner's/Appellant's Motion for Rehearing," which is in the nature of a motion for reconsideration, is denied. Pierce, J., not participating. Order entered.