08/27/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2008-KA-01940-SCT

Lamar Kitchens v. State of Mississippi; Winston Circuit Court; LC Case #: 2007-055CR; Ruling Date: 11/20/2008; Ruling Judge: C. Morgan, III; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Count I: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. After the appellant has served a period of ten (10) years, the Mississippi Department of Corrections is hereby ordered to place him in a program of post-release supervision, with conditions. The sentence imposed in Count II shall run consecutively with the sentence imposed in Count I. Winston County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Sidharth Solanki, Individually, and as Wrongful Death Beneficiary; Devesha S. Solanki and Avani S. Solanki, Minors by and through their Father and Natural Guardian, Sidharth Solanki, and Neha Solanki, Wrongful Death Beneficiaries of Nilima Solanki, Deceased, and all other Wrongful Death Beneficiaries of Nilima Solanki, Deceased v. Melvin Tyrone Ervin and The Merchants Company; Hinds Circuit Court 1st District; LC Case #: 251-07-341CIV; Ruling Date: 04/10/2008; Ruling Judge: William Coleman; Majority Opinion: Graves, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., not participating.

Stacy Marshall v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-426-KR2; Ruling Date: 12/15/2005; Ruling Judge: Billy Landrum; Disposition: The petition for writ of certiorari filed pro se by Stacy Marshall is granted. To Grant: Carlson and Graves, P.JJ., Dickinson and Kitchens, JJ. To Deny: Waller, C.J., Randolph, Lamar, Chandler and Pierce, JJ. Order entered.

Anthony Robinson v. State of Mississippi; Madison Circuit Court; LC Case #: 2001-0353; Ruling Date: 02/06/2006; Ruling Judge: Samac Richardson; Disposition: The petition for writ of certiorari filed pro se by Anthony Robinson is dismissed. M.R.A.P. 17(b). Order entered.

Joseph Bishop Goff v. State of Mississippi; George Circuit Court; LC Case #: 2004-10,092(3); Ruling Date: 05/06/2005; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing filed by counsel for Joseph Bishop Goff is denied. Graves, P.J., Kitchens and Chandler, JJ., would grant. Opinion modified by deleting footnote 24 and duplication citations to Wiley and Brady in paragraph 153.

Frances Jones Prewitt, Individually and as the Executrix of the Estate of Rufus Clarence Prewitt, Jr., Deceased and Elaine Crittenden, Individually v. Jimmy W. Vance and Torrey Wood and Son, Inc.; Washington Circuit Court; LC Case #: CI-2003-203; Ruling Date: 03/13/2007; Ruling Judge: Richard Smith; Disposition: The petition for writ of certiorari filed by counsel for Frances Jones Prewitt is denied. To Deny: All Justices. Order entered.

Howard Dean Goodin a/k/a Howard D. Gooden a/k/a Howard Dean Goodin v. State of Mississippi; Newton Circuit Court; LC Case #: 99-CR-0002-NW-G; Ruling Date: 10/13/2004; Ruling Judge: Marcus Gordon; Disposition: On the Court's own motion, the Newton County Circuit Court's Judgment Granting Motion for Directed Verdict and Dismissing Petition for Post-Conviction Relief is vacated. This case is remanded to the Circuit Court of Newton County for a full evidentiary hearing and ruling on the following issues: (1) mental retardation; (2) ineffective assistance of counsel on the issue of mental illness and (3) ineffective assistance of counsel on the issue of competency. Goodin v. State, 856 So. 2d 267, 284-85 (Miss. 2003). Carlson, P.J., for the Court. Order entered.

Victor Perryman v. State of Mississippi; Copiah Circuit Court; LC Case #: 2007-00118-CR; Ruling Date: 08/01/2007; Ruling Judge: Lamar Pickard; Disposition: The petition for writ of certiorari filed by counsel for Victor Perryman is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Mary Guy v. B.C. Rogers Processors, Inc. and Mississippi Workers' Compensation Self- Insurer Guaranty Association; Scott Circuit Court; LC Case #: 2007-044-SC-G; Ruling Date: 08/09/2007; Ruling Judge: Marcus Gordon; Disposition: The petition for writ of certiorari filed by the Mississippi Workers' Compensation Self-Insurer Guaranty Association is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ. To Grant: Randolph, J. Not Participating: Chandler, J. Order entered.

Michael Edwards and Pierce Brewer Individually and in their Representative Capacities as Organizers and Members of Concerned Citizens of Saucier v. Harrison County Board of Supervisors; Harrison Circuit Court 1st District; LC Case #: A2401-06-00432; Ruling Date: 06/30/2008; Ruling Judge: Roger Clark; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar and Chandler, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Kitchens, J. Dissenting Opinion: Waller, C.J. Votes: Graves, P.J., and Kitchens, J., Join This Opinion.