09/22/2011 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-CA-00599-SCT

Walter D. Akins d/b/a Akins Construction Company v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2009-1237 W/4; Ruling Date: 03/09/2010; Ruling Judge: Patricia Wise; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Jules Corbin v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0301; Ruling Date: 03/05/2010; Ruling Judge: Betty Sanders; Majority Opinion: Pierce, J. Disposition: Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Reversed and Remanded. Count II: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Reversed and Remanded. Count III: Conviction of felony leaving the scene of an accident and sentence of three (3) years in the custody of the Mississippi Department of Corrections, Affirmed. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J., Chandler and King, JJ. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., Chandler and King, JJ., Join This Opinion.

Mississippi Crime Laboratory, Mississippi State Medical Examiners, Dr. Steven Hayne, In His Official and Personal Capacities, Sunshine Medical Clinic and Dr. Vihba Vig, In Her Official and Personal Capacities, Lisa Hoehn, M.D./Nurse Practitioner in Her Official and Personal Capacities, Expertox, Inc. and Medscreens, Inc. v. Hattie Douglas, Individually and as the Natural Mother, Next Friend and on Behalf of all the Heirs at Law and Wrongful Death Beneficiaries of Kaddarius Douglas, Deceased, and Kevin Hamlin, as the Natural Father and Next Friend of Kaddarius Douglas, Deceased, Kelvin L. Douglas, a Minor, Kendell Douglas, a Minor, Lakendrick R. Douglas, a Minor, Ty'sia Douglas, a Minor and Jerome E. Douglas, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-09-329CIV; Ruling Date: 04/20/2010; Ruling Judge: Winston Kidd; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

In Re: Judicial Mandatory Continuing Legal Education; Disposition: On the Court's own motion, the recommendation of the Continuing Judicial Education Committee to change Rules 3 and 4, and to delete Rules 7 and 8 of the Rules and Regulations for Mandatory Continuing Judicial Education is hereby approved by this Court. Rules 3, 4, 7, and 8 are amended or deleted as set forth in Exhibit "A". These amendments are effective on July 1, 2012. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Third Series (Mississippi Edition) and the Mississippi Rules of Court. Order entered.

Steven Harrison v. State of Mississippi; Jones Circuit Court 1st District; Ruling Judge: Billy Landrum; Disposition: Application for Leave to File Successive Motion for Post-Conviction Relief in Trial Court filed by Steven Harrison is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Carlson, P.J., Randolph and Lamar, JJ. Not Participating: Pierce, J. Order entered.

Virgil N. Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-017CR; Ruling Date: 03/13/2008; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by Virgil N. Johnson is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating. Opinion modified at paragraphs 1 and 4.

Eric De'Juan Jones v State of Mississippi; Lawrence Circuit Court; LC Case #: 2008-117 H; Ruling Date: 02/28/2009; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed pro se by Eric D. Jones is hereby dismissed pursuant to MRAP 17(b). Order entered.

Lavon Yankton a/k/a Lavan Yankton a/k/a Johnny Taylor v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-016CR; Ruling Date: 04/29/2009; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Lavon Yankton 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.

Christopher Lashon Johnson v. State of Mississippi; Monroe Circuit Court; LC Case #: CV08-534GM; Ruling Date: 09/25/2009; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Christopher L. Johnson 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.

In The Matter of The Estate of Bobbye N. Brill, Deceased and Annie Hobson Nichols, Deceased: Frank Nichols v. Shirlee N. Phillips and Kathryn Kennington; Hinds Chancery Court 1st District; LC Case #: P2004-354 R/1; Ruling Date: 11/16/2009; Ruling Judge: Patricia Wise; Disposition: Petition for writ of certiorari filed by counsel for Frank Nichols is granted. To Grant: Carlson and Dickinson, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Randolph and Kitchens, JJ. Order entered.

Public Employees' Retirement System v. Susan McDonnell; Hinds Circuit Court 1st District; LC Case #: 251-08-699CIV; Ruling Date: 12/10/2009; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for Public Employees' Retirement System is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.

Anderson Tully Timber Company a/k/a AT Timber v. Bryan Edward Newman; Warren Circuit Court; LC Case #: 05,0083-CI; Ruling Date: 04/27/2010; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for Interlocutory Appeal filed by Appellant was granted by order of this Court on June 16, 2010. After further consideration, the Court finds the petition was improvidently granted and should be dismissed. On the Court's own motion the petition for interlocutory appeal is dismissed as improvidently granted. All costs are assessed to Appellant. King, J., for the Court. Order entered.

In Re: Jennifer Erin Williamson; Warren Youth Court; LC Case #: 10-368; Ruling Date: 02/11/2011; Ruling Judge: John Price, Jr.; Disposition: Motion to Clarify and For Notification to Court filed by Jennifer Williamson is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: King, J. Order entered.