08/18/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2010-KA-00863-SCT

Jason Powell v. State of Mississippi; Winston Circuit Court; LC Case #: 2009-048-CR; Ruling Date: 04/30/2009; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Conviction of unauthorized possession of contraband in a correctional facility and sentence of fifteen (15) years, with conditions, as a habitual offender, without the possibility of parole, probation, or any type of early release, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall run consecutively to any previously imposed sentence. Winston County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.

James Craig Irving v. Johnnie Evans Irving; DeSoto Chancery Court; LC Case #: 01-11-1530; Ruling Date: 01/26/2010; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2010-CA-00355-SCT James Craig Irving v. Johnnie Evans Irving; DeSoto Chancery Court; LC Case #: 01-11-1530(PL); Ruling Date: 01/26/2010; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur. Lamar, J., not participating.

Stacey Bates Devers v. State of Mississippi; Copiah Circuit Court; LC Case #: 2010-0055CR-A; Ruling Date: 08/16/2010; Ruling Judge: Lamar Pickard; Majority Opinion: Carlson, P.J. Disposition: Per Curiam Affirmance. Count I: Conviction of felony shoplifting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of conspiracy to commit the crime of felony shoplifting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run concurrently with the sentence in Count II. Appellant shall be given credit for jail time prior to trial and while awaiting sentence. Copiah County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Jeremy Dale Davis v. State of Mississippi; Monroe Circuit Court; LC Case #: CR05-029; Ruling Date: 06/24/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of aggravated assault on a police officer and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, as a habitual offender, and payment of a fine of $5,000.00, Affirmed. Count II: Conviction of escape and sentence of one (1) year in the custody of the Monroe County Sheriff, Affirmed. Count III: Conviction of burglary of a dwelling and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections and payment of a fine of $10,000.00, Affirmed. Count IV: Conviction of possession of a firearm by a convicted felon and sentence of three (3) years in the custody of the Mississippi Department of Corrections and payment of a fine of $5,000.00, Affirmed. Sentences in Counts I, III and IV shall not be reduced or suspended and shall be without the possibility of parole or probation. All sentences shall run consecutively. Monroe County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ., Concur. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Angela Humphries and Kevin Fromme v. Pearlwood Apartments Partnership and Mac-Re, LLC; Rankin Circuit Court; LC Case #: 2006-49-C; Ruling Date: 09/08/2009; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by the Petitioners is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Deny: Chandler, J. Not Participating: Lamar, Kitchens and King, JJ. Order entered.

C. Jake Lambert, Jr., M.D. v. Baptist Memorial Hospital - North Mississippi, Inc. and Baptist Memorial Health Services, Inc.; Lafayette Circuit Court; LC Case #: L06-011; Ruling Date: 10/23/2009; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by C. Jake Lambert, Jr., M.D., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Brenda Peters v. Belk Incorporated and Liberty Mutual Insurance Company; Lee Circuit Court; LC Case #: CV08-011(PF)L; Ruling Date: 02/08/2010; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Brenda Peters is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Lamar, JJ. To Grant: Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

In Re: Jennifer Erin Williamson; Warren Youth Court; LC Case #: 10-368; Ruling Date: 02/11/2011; Ruling Judge: John Price, Jr.; Disposition: Petition for Writ of Prohibition and Emergency Extraordinary Relief filed by Jennifer Williamson is granted. All orders issued in the following proceedings are hereby vacated: Warren County Youth Court cause no. YC10-369; Warren County Court causes 2001-177GN, 07,565CO, HC234, HC235 and 10,2057-CO. Because the Chancery Courts have exclusive jurisdiction concerning matters of child custody, all matters above concerning the minor S.W., which are at issue in this petition, are hereby transferred to the Warren County Chancery Court for further proceedings. See Art. 6, Section 159, Miss. Const. (1890). The Chancery Court of Warren County shall assign these matters priority status. Agreed: All Justices. Order entered.