09/16/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2008-KA-01715-SCT

Jason Davis v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0061CRV; Ruling Date: 09/11/2008; Ruling Judge: Frank Vollor; Majority Opinion: Randolph, J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Zenas Tillis v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-063-LE-C; Ruling Date: 01/21/2009; Ruling Judge: Vernon Cotten; Majority Opinion: Randolph, J. Disposition: Conviction of simple assault of employee of a private correctional facility and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence to run consecutive to any sentence Tillis is presently serving. Leake County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, P.J., and Dickinson, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Graves, P.J., and Dickinson, J., Join This Opinion.

Jerry Lamar Whitlock v. State of Mississippi; Rankin Circuit Court; LC Case #: 17076; Ruling Date: 07/07/2009; Ruling Judge: Samac Richardson; Majority Opinion: Carlson, P.J. Disposition: Conviction of attempted automobile burglary and sentence of life imprisonment, without parole or probation, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall not be reduced or suspended. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Demarious Latwan Banyard a/k/a Lil Murray a/k/a Mur-Mur v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-460; Ruling Date: 08/07/2006; Ruling Judge: Tomie Green; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Kitchens and Pierce, JJ., Concur. Randolph, J., Concurs in Part and in Result With Separate Written Opinion. Chandler, J., Dissents With Separate Written Opinion Joined In Part by Randolph, J. Concurring in Part and in Result Opinion: Randolph, J. Dissenting Opinion: Chandler, J. Votes: Randolph, J., Joins This Opinion in Part.

Joseph Davis, Jr. v. Biloxi Public School District; Biloxi Public School Board, Board of Trustees, and Dr. Paul A.Tisdale, Superintendent; Biloxi Public School District, Dr. Robert W. Bowles, Deputy Superintendent; Biloxi Public School District, Pattie Golden, (Past School Board Attorney); Biloxi Public School District, Dr. Larry Drawdy, (Past Superintendent); Biloxi School District, Gerald Blessey, (Past Biloxi Public School Board Attorney); Biloxi Public School District, David Blaine, (Past Vice President/President); Biloxi Public School District, Mayor A. J. Holloway, City of Biloxi; Jude McDonnell, (Past Comptroller/Director of Businesss Management) Biloxi Public School District; Bonnie Granger, Comptroller, and Shane Switzer, Comptroller, Biloxi Public School District; Richard F. Stewart, (Past President) Biloxi Public School Board; Andrea Petro, (Past Principal Popps Ferry Elementary School) Principal, Lopez Elementary School, Biloxi Public School District; Dr. Janice Wilson, (Past Assistant Principal) Popps Ferry Elementary School; Susan Brand, Principal, Beauvoir Elementary School and Biloxi Public School District, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-07-00036; Ruling Date: 11/15/2007; Ruling Judge: Roger Clark; Disposition: Petition for Writ of Certiorari filed pro se by Joseph Davis is dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Deny: Randolph and Kitchens, JJ. Order entered.

James Fortenberry and Linda Fortenberry v. City of Jackson, Mississippi and Nationwide Mutual Fire Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-05-939CIV; Ruling Date: 06/08/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CT-00271-SCT Flynn Wallace and Kathleen Wallace v. City of Jackson, Mississippi and State Farm Fire and Casualty Company; Hinds Circuit Court 1st District; LC Case #: 251-05-941CIV; Ruling Date: 06/11/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by the City of Jackson is granted. To Grant: All Justices. Order entered.

Flynn Wallace and Kathleen Wallace v. City of Jackson, Mississippi and State Farm Fire and Casualty Company; Hinds Circuit Court 1st District; LC Case #: 251-05-941CIV; Ruling Date: 06/11/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CT-00270-SCT James Fortenberry and Linda Fortenberry v. City of Jackson, Mississippi and Nationwide Mutual Fire Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-05-939CIV; Ruling Date: 06/08/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by the City of Jackson is granted. To Grant: All Justices. Order entered.

Eric Moffett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-245; Ruling Date: 02/26/2006; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Baker Donelson Bearman Caldwell & Berkowitz, P.C. and William N. Reed v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 04/14/2008; Ruling Judge: Tomie Green; Consolidated with 2008-IA-00999-SCT William N. Reed and Baker Donelson Bearman Caldwell & Berkowitz, P.C. v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 04/14/2008; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by Sam Seay is denied. Pierce, J., would grant. Graves, P.J., and Kitchens, J., not participating.

William N. Reed and Baker Donelson Bearman Caldwell & Berkowitz, P.C. v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 04/14/2008; Ruling Judge: Tomie Green; Consolidated with 2008-IA-00768-SCT Baker Donelson Bearman Caldwell & Berkowitz, P.C. and William N. Reed v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 04/14/2008; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by Sam Seay is denied. Pierce, J., would grant. Graves, P.J., and Kitchens, J., not participating.

Thurman Kirkwood a/k/a Mickey v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0105; Ruling Date: 01/29/2008; Ruling Judge: Charles Webster; Disposition: Petition for Writ of Certiorari filed by Thurman Kirkwood is granted. To Grant: Graves, P.J., Dickinson, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.

The Heritage Building Property, LLC, Jenkins Heritage, LLC and Elverton Investments, LLC v. Prime Income Asset Management, Inc. and TCI Heritage Building, Inc.; Rankin Chancery Court; LC Case #: 62578; Ruling Date: 07/25/2008; Ruling Judge: John Grant, III; Disposition: Petition for Writ of Certiorari filed by Prime Income Asset Management, Inc. and TCI Heritage Building, Inc., is denied. To Deny: All Justices. Order entered.

Kevin Eugene Owen v. State of Mississippi; Forrest Circuit Court; LC Case #: 07-334CR; Ruling Date: 07/28/2008; Ruling Judge: Robert Helfrich; Disposition: Petition for Writ of Certiorari filed by counsel for Kevin Eugene Owen is denied. To Deny: All Justices. Order entered.

Charles Burnwatt and Debra Burnwatt, as Parents and Wrongful Death Beneficiaries of William Alexander Burnwatt, Deceased, on Behalf of Themselves and all Other Wrongful Death Beneficiaries of William Alexander Burnwatt, Deceased v. Ear, Nose & Throat Consultants of North Mississippi, PLLC and John F. Laurenzo, M.D.; Lafayette Circuit Court; LC Case #: L02-186; Ruling Date: 08/28/2008; Ruling Judge: Robert Elliott; Majority Opinion: Chandler, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Hill Brothers Construction Company, Inc. v. Mississippi Transportation Commission; Hinds Circuit Court 1st District; LC Case #: 251-07-153CIV; Ruling Date: 12/12/2008; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by Mississippi Transportation Commission is denied. Graves, P.J., would grant.

Patricia Shaver v. Frankie Blackwell; Hancock Circuit Court; LC Case #: 07-0249; Ruling Date: 01/07/2009; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Writ of Certiorari filed by Patricia Shaver is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered.

Zenas Tillis v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CR-063-LE-C; Ruling Date: 01/21/2009; Ruling Judge: Vernon Cotten; Disposition: Separate petitions for writ of mandamus filed April 30, 2010 and August 3, 2010 by Tillis are denied. See Opinion of this Court handed down this date at Footnote 6.

Alonzo Smith v. Johnston Tombigbee Furniture Manufacturing Company and Bridgefield Casualty Insurance Company; Lowndes Circuit Court; LC Case #: 2008-0122-CV1; Ruling Date: 02/20/2009; Ruling Judge: Lee Howard; Disposition: Petition for Writ of Certiorari filed by Alonzo Smith is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Grant: Randolph and Kitchens, JJ. Order entered.

Jerry Lamar Whitlock v. State of Mississippi; Rankin Circuit Court; LC Case #: 17076; Ruling Date: 07/07/2009; Ruling Judge: Samac Richardson; Disposition: Motion for extraordinary relief filed pro se by Jerry Lamar Whitlock is denied. Order entered.