09/23/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2009-KA-00918-SCT

James Earl Boyd v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0341-CRI; Ruling Date: 05/13/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Pierce, J. Disposition: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Chandler, J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., and Chandler, J., Join This Opinion.

Laharrison Johnson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0008; Ruling Date: 08/11/2009; Ruling Judge: Charles Webster; Majority Opinion: Pierce, J. Disposition: Conviction of armed robbery with firearm enhancement and sentence of seven (7) years in the custody of the Mississippi Department of Corrections with four (4) years of said sentence being suspended, with conditions, Affirmed. The appellant is being placed on supervised probation for a period of four (4) years after he has served three (3) years. Appellant is sentenced to serve an additional term of five (5) years pursuant to the firearm enhancement, to run consecutively to previous sentence. The sentences imposed in this cause shall run consecutive to any and all sentences previously imposed. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens and Chandler, JJ., Concur. Graves, P.J., and Lamar, J., Concur in Part and in Result Without Separate Written Opinion.

Rebelwood Apartments RP, LP, Rebelwood Apartments TC, L.P., Interstate Realty Management Company, Aries Protection Agency and Stephan Milton Stafford v. Dwight English, Guardian of Deonte Deon English, Dwight English on Behalf of Deonte Deon English, Individually and on Behalf of All Wrongful Death Beneficiaries of Crystal Coleman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-08-45CIV; Ruling Date: 01/30/2009; Ruling Judge: Winston Kidd; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Lamar and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and in Result With Separate Written Opinion. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Waller, C.J., not participating. Concurring in Part and in Result Opinion: Kitchens, J. Concurring in Part and Dissenting in Part Opinion: Chandler, J.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by Thomas Edwin Loden, Jr., is denied.

Robin Harper, Individually and on Behalf of Reijah Harper, a Minor v. Cal-Maine Foods, Inc.; Hinds Circuit Court 2nd District; LC Case #: 2006-28; Ruling Date: 02/28/2008; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by Robin Harper is denied. Graves, P.J., Kitchens and Pierce, JJ., would grant.

Eddie J. Cotton v. Fannie M. Cotton; DeSoto Chancery Court; LC Case #: 05-3-396(VC); Ruling Date: 02/21/2008; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by Eddie J. Cotton is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Randolph, J. Order entered.

Malachy DeHenre v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-413-KR; Ruling Date: 03/13/2008; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by Malachy DeHenre is denied. Graves, P.J., Dickinson, Kitchens and Chandler, JJ., would grant.

Charles T. Scarborough v. Mildred P. Rollins; Oktibbeha Chancery Court; LC Case #: 06-0300-B; Ruling Date: 08/28/2008; Ruling Judge: Kenneth Burns; Disposition: Petition for writ of certiorari filed by Charles T. Scarborough is denied. To Deny: All Justices. Order entered.

Lisa Jo Chamberlin v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715CR; Ruling Judge: Robert Helfrich; Disposition: Second Request for Approval of Circuit Court Order Regarding Attorneys' Fees filed by Elizabeth Unger Carlyle, counsel for Lisa Jo Chamberlin is denied as submitted. Third Request for Approval of Circuit Court Order Regarding Attorneys' Fees filed by Elizabeth Unger Carlyle, counsel for Lisa Jo Chamberlin is denied as submitted. These requests are remanded to the trial court. Counsel is instructed to prepare a more "detailed and itemized time and expenses statement," and to submit that statement to the trial court, so that it may review the reasonableness of these fees and expenses under Rule 1.5 of the Mississippi Rules of Professional Conduct. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. Kitchens, J., Objects to the Denial of Disbursement of Attorney Fees and Expenses with Separate Written Statement Joined by Graves, P.J. Order entered.

Double Quick, Inc. v. Ronnie Lee Lymas; Humphreys Circuit Court; LC Case #: 2007-0072; Ruling Date: 09/24/2008; Ruling Judge: Jannie Lewis; Majority Opinion: Kitchens, J. Disposition: On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Dismissed. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Helen L. Rogillio v. David M. Rogillio; Warren Chancery Court; LC Case #: 2007-107 GN; Ruling Date: 10/03/2008; Ruling Judge: Marie Wilson; Disposition: Petition for certiorari filed by counsel for Helen L. Rogillio is granted. To Grant; Waller, C.J., Dickinson, Randolph, Kitchens and Pierce, JJ. To Deny: Carlson and Graves, P.JJ., Lamar and Chandler, JJ. Order entered.

Billy L. Wardley, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-08-427; Ruling Date: 07/23/2008; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Billy L. Wardley, Jr., is denied. To Deny: All Justices. Order entered.

Tonnie L. Thomas v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-0113; Ruling Date: 02/09/2009; Ruling Judge: Richard Smith; Majority Opinion: Chandler, J. Disposition: Conviction of fourth-degree arson and sentence of life imprisonment, as an habitual offender, in the custody of the Mississippi Department of Corrections, without the possibility of parole or probation, Affirmed. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Dickinson, J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., and Dickinson, J., Join This Opinion.

Darrell McBride v. State of Mississippi; Attala Circuit Court; LC Case #: 2008-0095-CR; Ruling Date: 02/10/2009; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed pro se by Darrell McBride is denied. To Deny: All Justices. Order entered.

Lindsay Logging, Inc. and Mississippi Loggers Self-Insured Fund, Inc. v. James Terry Watson; Attala Circuit Court; LC Case #: 2008-0290-CVM; Ruling Date: 01/27/2009; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by James Terry Watson is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ. To Grant: Randolph and Chandler, JJ. Order entered.

Debra Joel, as Executrix of the Estate of Jimmy Joel, Lindsey Meador, as Trustee for the James J. "Jimmy" Joel, Testamentary Marital Trust and as Trustee for the James J. "Jimmy" Joel Family Trust v. James H. Joel and Estate of Margaret R. Joel; Bolivar Chancery Court 2nd District; LC Case #: 2007-0421; Ruling Date: 03/11/2009; Ruling Judge: William Willard, Jr.; Disposition: Motion for rehearing filed by Debra Joel is denied. Graves, P.J., not participating.

Charlie Taylor v. Emmitt L. Sparkman, et al; Sunflower Circuit Court; LC Case #: 2010-0058-CI; Ruling Date: 03/17/2010; Ruling Judge: Richard Smith; Disposition: Motion to Recuse all Justices filed by Charlie Taylor, pro se, is denied. To Deny: All Justices. Order entered.

City of Jackson, Mississippi v. United Water Services, Inc. and United Water Services of Mississippi, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-917; Ruling Date: 06/09/2010; Ruling Judge: Tomie Green; Disposition: City of Jackson, Mississippi's Emergency Motion to Stay Judgment is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Graves, P.J. Order entered.

In Re: United Water Services, Inc. and United Water Services of Mississippi, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-917; Ruling Judge: Tomie Green; Disposition: Petition for Writ of Prohibition filed by counsel for United Water Services, Inc., and United Water Services of Mississippi, LLC is granted, and the preliminary injunction issued by the Hinds County Chancery Court in case no. 2010-1385 is hereby dissolved. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Graves, P.J. Order entered.