08/20/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2008-CA-00750-SCT

Robert Lee Tyler, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2008-0005; Ruling Date: 03/27/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Part and in Result Without Separate Written Opinion.

Weldon Foxworth v. State of Mississippi; Copiah Circuit Court; LC Case #: 2007-0020CR-A; Ruling Date: 08/21/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Dickinson, J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Lutz Homes, Inc. and Barry R. Lutz, Individually v. Carl Weston and Lorraine Weston; Jackson Circuit Court; LC Case #: 2006-00322(1); Ruling Date: 04/14/2008; Ruling Judge: Robert Krebs; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Graves, P.J., and Chandler, J.; Dickinson, J. Joins In Part. Dickinson, J., Concurs in Part and in Result With Separate Written Opinion. Concur in Result Only Opinion: Kitchens, J. Votes: Graves, P.J. and Chandler, J., Join This Opinion. Dickinson, J., Joins This Opinion in Part. Concurring in Part and in Result Opinion: Dickinson, J.

Daron Maxwell and Peggy Maxwell, Individually and on Behalf of the Wrongful Death Beneficiaries of Walter Maxwell, Deceased v. Baptist Memorial Hospital-Desoto, Inc.; DeSoto Circuit Court; LC Case #: CV2002-351RD; Ruling Date: 06/30/2005; Ruling Judge: Robert Chamberlin; Disposition: The petition for writ of certiorari filed by Daron Maxwelll and Peggy Maxwell is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Graves, P.J. Not Participating: Chandler, J. Order entered.

Lorenzo Tarver v. State of Mississippi; Leflore Circuit Court; LC Case #: 2005-0044; Ruling Date: 06/15/2006; Ruling Judge: W. Hines; Disposition: The petition for writ of certiorari filed by Lorenzo Tarver is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Order entered.

Anthony Paul Williams v. Entergy Mississippi, Inc.; Washington Circuit Court; LC Case #: CI2005-83; Ruling Date: 11/17/2006; Ruling Judge: Richard Smith; Disposition: Joint Motion for Voluntary Dismissal of Appeal filed by Anthony Paul Williams and Entergy Mississippi, Inc., is granted. The appeal and the writ of certiorari are hereby dismissed and each party shall bear its respective costs of appeal. Waller, C.J., for the Court. Order entered.

Leon Stuart, Individually, and as Wrongful Death Beneficiary and on Behalf of all other Wrongful Death Beneficiaries of Shirley Stuart, Deceased v. The University of Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-04-42CIV; Ruling Date: 09/25/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Graves, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens and Pierce, JJ., Concur. Randolph, J., Specially Concurs With Separate Written Opinion. Chandler, J., not participating. Specially Concurring Opinion: Randolph, J.

Estate of Marsha Paulette Forman Grover, Deceased: Roger Simmons v. Marlene Harrell; Amite Chancery Court; LC Case #: 2006-303; Ruling Date: 09/06/2007; Ruling Judge: Debbra Halford; Disposition: The petition for writ of certiorari filed by counsel for Roger Simmons is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Graves, P.J. Not Participating: Chandler, J. Order entered.

Salvador Arceo, M.D., and St. Dominic-Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, and Individually, and the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-07-443 CIV; Ruling Date: 01/09/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellants and appellee taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar and Pierce, JJ., Concur. Randolph, J., Concurs in Result Only With Separate Written Opinion. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Chandler, J., not participating. Concur in Result Only Opinion: Randolph, J. Dissenting Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion.

Weldon Foxworth v. State of Mississippi; Copiah Circuit Court; LC Case #: 2007-0020CR-A; Ruling Date: 08/21/2007; Ruling Judge: Lamar Pickard; Disposition: State's Motion to Dismiss Appeal is granted. Foxworth's Notice of Appeal is untimely filed and his appeal is hereby dismissed. The dismissal shall be without prejudice to Foxworth, and he shall have leave to file a motion for post-conviction collateral relief as an original civil action in the trial court. Order entered.

Mississippi Commission on Judicial Performance v. Joe M. Brown; LC Case #: 2008-098; Ruling Date: 02/12/2009; Disposition: Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance is hereby remanded to the Commission for further proceedings consistent with the order. Costs of this proceeding are taxed to the Mississippi Commission on Judicial Performance. Kitchens, J., for the Court. Order entered.