09/15/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2010-KA-00511-SCT

Michael Shane Richardson v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0184-CR1; Ruling Date: 02/27/2010; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlson, P.J. Disposition: Count I: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of felony possession of a firearm and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall not be reduced or suspended, nor shall Appellant be eligible for parole or probation, weekend passes or early release of any kind. Sentence in Count II shall run consecutively to the sentence in Count I. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Amanda Goforth v. State of Mississippi; Newton Circuit Court; LC Case #: 10-CR-040-NW-G; Ruling Date: 08/13/2010; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Newton County taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Billy Nelson and Gaynelle Nelson, Individually and as Parents and Next Friends of Justin Nelson, and as Representatives of all Wrongful Death Beneficiaries and Heirs of Bobby Nelson, Deceased v. Baptist Memorial Hospital - North Mississippi, Inc.; William E. Henderson, Jr., M.D.; Oxford Clinic for Women, a Partnership; Ira Lamar Couey, M.D., General Partner; R. Blake Smith, M.D., General Partner; William E. Henderson, Jr., M.D., General Partner; and Bo Martin, M.D.; Lafayette Circuit Court; LC Case #: L08-236; Ruling Date: 07/01/2008; Ruling Judge: Henry Lackey; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Circuit Court of Lafayette County is Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ., Concur. Kitchens and King, JJ., not participating.

Ray Fountain v. SKL Investments, Inc., and Alton Hall; Adams Chancery Court; LC Case #: 2007-449; Ruling Date: 12/22/2008; Ruling Judge: Kennie Middleton; Disposition: Petition for writ of certiorari filed by Alton Hall 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.

Sandra Coleman, As Personal Representative of the Wrongful Death Beneficiaries of Randy Coleman, Deceased v. Ford Motor Company; Lowndes Circuit Court; LC Case #: 2002-0209-CV-1; Ruling Date: 03/06/2008; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Sandra Coleman is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Lamar and King, JJ. Order entered.

Tavares Showers v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0721-CRI; Ruling Date: 12/04/2008; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Tavares Showers is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Kitchens, J. Not Participating: Lamar and King, JJ. Order entered.

Scott Daniel Baker v. State of Mississippi; Lowndes Circuit Court; LC Case #: CR2005-0408-CR1; Ruling Date: 05/29/2009; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Scott Daniel Baker is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Pierce. To Grant: Chandler, J. Not Participating: King, J. Order entered.

Charles Billue v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2007-323-CD; Ruling Date: 06/26/2009; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Charles Billue is denied. To Deny: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Carlson, P.J. Not Participating: King, J. Order entered.

In the Matter of the Estate of Anthony Walter Smith, Deceased: W. E. Davis, Administrator v. Raymond Smith; DeSoto Chancery Court; LC Case #: 01-10-1447(PL); Ruling Date: 08/29/2009; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion for rehearing filed by W. E. Davis is denied. Opinion modified at paragraphs 1, 2, 4, 5, 10, 18, 19, 20, 24 and 25. Lamar, J., not participating.

Derrick Mitchell v. State of Mississippi; Lafayette Circuit Court; LC Case #: L09-428; Ruling Date: 01/25/2010; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Derrick Mitchell is denied. To Deny: All Justices. Order entered.

Bank of Commerce v. Southgroup Insurance and Financial Services, LLC, and Norman F. White, d/b/a Barry & Brewer; Leflore Circuit Court; LC Case #: 2008-0089CICI; Ruling Date: 05/13/2010; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and King, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined In Part by Lamar, J. Dissenting Opinion: Kitchens, J. Votes: Lamar, J., Joins This Opinion in Part.

Roger Eric Thorson v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 5190; Ruling Date: 06/04/2010; Ruling Judge: Roger Clark; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Laterica L. Powers and Sandra Hammack v. Immanuel F. Powers; Noxubee Chancery Court; LC Case #: 2008-082-D; Ruling Date: 05/06/2011; Ruling Judge: H. Davidson, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for Laterica L. Powers and Sandra Hammack is hereby granted. The Temporary Restraining Order, issued on April 8, 2011 in Cause No. 2008-082-D in the Chancery Court of Noxubee County, Mississippi is vacated. Likewise, the portion of the Order, issued on May 10, 2011 in Cause No. 2008-082-D, which extended the terms of the Temporary Restraining Order, is hereby vacated. This matter is remanded to the trial court for any proceedings consistent with allowing Immanuel F. Powers to exercise his rights under the Child Custody and Child Support Agreement made a part of the parties' Final Decree for Divorce, including reasonable rights of visitation with the minor child. The Petitioners' Motion to Strike is dismissed as moot. All costs are assessed to Respondent. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and King, JJ. Not Participating: Lamar, Kitchens and Pierce, JJ. Waller, C.J., for the Court. Order entered.

Laterica L. Powers and Sandra Hammack v. Immanuel F. Powers; Noxubee Chancery Court; LC Case #: 2008-082-D; Ruling Date: 05/06/2011; Ruling Judge: H. Davidson, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for Laterica L. Powers and Sandra Hammack is hereby granted. The Temporary Restraining Order, issued on April 8, 2011 in Cause No. 2008-082-D in the Chancery Court of Noxubee County, Mississippi is vacated. Likewise, the portion of the Order, issued on May 10, 2011 in Cause No. 2008-082-D, which extended the terms of the Temporary Restraining Order, is hereby vacated. This matter is remanded to the trial court for any proceedings consistent with allowing Immanuel F. Powers to exercise his rights under the Child Custody and Child Support Agreement made a part of the parties' Final Decree for Divorce, including reasonable rights of visitation with the minor child. The Petitioners' Motion to Strike is dismissed as moot. All costs are assessed to Respondent. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and King, JJ. Not Participating: Lamar, Kitchens and Pierce, JJ. Waller, C.J., for the Court. Order entered.