09/08/2011 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-KA-00770-SCT

Kenneth Knight v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2008-146P; Ruling Date: 04/23/2010; Ruling Judge: R. Prichard, III; Majority Opinion: King, J. Disposition: Conviction of possession of a schedule II controlled substance, cocaine, with intent to deliver or sell while in possession of a firearm, with conditions, and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, with ten (10) years to serve and twenty (20) years suspended, and twenty (20) years of post-release supervision, with five (5) years reporting and fifteen (15) years non-reporting, and pay all court costs, Affirmed. Pearl River County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion.

Cliff Hensley v. State of Mississippi; Tishomingo Circuit Court; LC Case #: 07-053; Ruling Date: 05/12/2010; Ruling Judge: Paul Funderburk; Majority Opinion: Chandler, J. Disposition: Conviction of conspiracy to manufacture methamphetamine and sentence of twenty (20) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall not be reduced or suspended nor shall Appellant be eligible for parole or probation. Appellant shall pay costs of $320.50 and a 2% bond fee of $200.00. Tishomingo County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur.

WW, Inc. d/b/a Weight Watchers of Greater Mississippi, BJM, Inc. d/b/a Weight Watchers of Southern Alabama and Florida Panhandle v. Rainbow Casino-Vicksburg Partnership, L.P. and Bally Technologies, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-09-46CIV; Ruling Date: 01/25/2010; Ruling Judge: Tomie Green; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur.

Timothy W. Jordan, Glenn E. Grose and Johnny Grose v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK 06-115; Ruling Date: 10/14/2008; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by counsel for Timothy W. Jordan is granted. Petition for writ of certiorari filed by counsel for Johnny Grose is granted. Petition for writ of certiorari filed by counsel for Glenn E. Grose is granted. Petition for writ of certiorari filed pro se by Glenn E. Grose is granted. To Grant Each Petition: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens and Chandler, JJ. To Deny Each Petition: Randolph and Pierce, JJ. Not Participating: Lamar and King, JJ. Order entered.

Eric DeShawn Jackson v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0337CRP; Ruling Date: 03/26/2009; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by Eric Jackson 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.

Holly Springs Realty Group, LLC v. BancorpSouth Bank; Lafayette Chancery Court; LC Case #: 2007-504A; Ruling Date: 05/08/2009; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by the Petitioner is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ. Not Participating: Lamar and King, JJ. Order entered.

The Sherwin-Williams Company v. Trellvion Gaines, a Minor By and Through His Natural Mother, Legal Guardian and Next Friend, Sherneker Pollard; Jefferson Circuit Court; LC Case #: 2000-0604; Ruling Date: 07/09/2009; Ruling Judge: Lamar Pickard; Disposition: Motion to Supplement Record Excerpts is denied. Order entered.

The Sherwin-Williams Company v. Trellvion Gaines, a Minor By and Through His Natural Mother, Legal Guardian and Next Friend, Sherneker Pollard; Jefferson Circuit Court; LC Case #: 2000-0604; Ruling Date: 07/09/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Pierce, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Chandler and King, JJ.; Randolph, J., Joins In Part. Randolph, J., Concurs in Part and in Result Without Separate Written Opinion. Lamar, J., not participating. Concur in Result Only Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion. Randolph, J., Joins This Opinion in Part.

Michael Warren Willie v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0348-CV; Ruling Date: 10/30/2009; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Michael Warren Willie 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.

Mid-South Retina, LLC v. Bernice Conner; Coahoma County Court; LC Case #: 14-CO-04-116; Ruling Date: 01/11/2010; Ruling Judge: Thomas Allen; Majority Opinion: Carlson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Clarence Arrington v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2008-155-KR2; Ruling Date: 11/17/2009; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by counsel for Clarence Arrington is denied. To Deny: Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Waller, C.J., Dickinson, P.J., and Chandler, J. Not Participating: King, J. Order entered.

City of Jackson, Mississippi, Mayor Harvey Johnson and Ramie Ford v. Jane Doe, A Minor, By and Through Her Natural Mother and Adult Next Friend, J.J., and Lisa Doe, A Minor, By and Through Her Natural Mother and Adult Next Friend, L.L.; Hinds Circuit Court 1st District; LC Case #: 251-02-1058; Ruling Date: 02/05/2010; Ruling Judge: Winston Kidd; Consolidated with 2010-IA-00342-SCT City of Jackson, Mississippi, Mayor Harvey Johnson and Ramie Ford v. Jane Doe, A Minor, By and Through Her Natural Mother and Adult Next Friend, J.J., and Lisa Doe, A Minor, By and Through Her Natural Mother and Adult Next Friend, L.L.; Hinds Circuit Court 1st District; LC Case #: 251-02-1058CIV; Ruling Date: 02/05/2010; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Chandler, J. Concur in Result Only Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion.

Mississippi Commission on Judicial Performance v. Nell Y. Cowart; LC Case #: 2009-070; Ruling Date: 11/17/2010; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance and Nell Y. Cowart is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Nell Y. Cowart; LC Case #: 2009-070; Ruling Date: 11/17/2010; Ruling Judge: H. Clark, II; Majority Opinion: Chandler, J. Disposition: Pearl River County Justice Court Judge Nell Y. Cowart shall be suspended from office without pay for a period of sixty days, effective on the date of issuance of this Court's mandate; publicly reprimanded; and assessed costs of $2,139.63. The public reprimand shall be read in open court by the presiding judge of the Pearl River 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 Cowart in attendance. Justice Court Judge Nell Y. Cowart taxed with costs. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Part and in Result With Separate Written Opinion. Concurring in Part and in Result Opinion: Kitchens, J.

Mississippi Commission on Judicial Performance v. Steve Little; LC Case #: 2010-045; Ruling Date: 11/19/2010; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Steve Little is denied. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Steve Little; LC Case #: 2010-045; Ruling Date: 11/19/2010; Ruling Judge: H. Clark, II; Majority Opinion: Pierce, J. Disposition: Dismissed With Prejudice. Mississippi Commission on Judicial Performance taxed with costs. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur. Waller, C.J., not participating.

Deborah Hughes and Cristen Hemmins v. Delbert Hosemann, P. Leslie Riley, Jr. and Personhood Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-10-546CIV; Ruling Date: 11/09/2010; Ruling Judge: S. Harrison; Majority Opinion: Pierce, J. Disposition: Vacated and Dismissed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Chandler, JJ., Concur. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and Pierce, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by King, J. Specially Concurring Opinion: Randolph, J. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and Pierce, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Leland Speed v. Delbert Hosemann, Secretary of State of Mississippi and David Waide; Hinds Circuit Court 1st District; LC Case #: 251-11-473-CIV; Ruling Date: 07/29/2011; Ruling Judge: Winston Kidd; Majority Opinion: Lamar, J. Disposition: Vacated and Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ., Concur. Chandler, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., Randolph and Pierce, JJ. King, J., Dissents With Separate Written Opinion Joined by Kitchens, J. Specially Concurring Opinion: Chandler, J. Votes: Waller, C.J., Dickinson, P.J., Randolph and Pierce, JJ., Join This Opinion. Dissenting Opinion: King, J. Votes: Kitchens, J., Joins This Opinion.