09/24/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2009-CA-00042-SCT

Alice Loggins Hill, as Administratrix of the Estate of Debbie Denise Loggins, Deceased v. Carroll County, Mississippi; Carroll Circuit Court 1st District; LC Case #: 2006-0066-CV1-L; Ruling Date: 12/04/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only.

EMC Mortgage Corporation v. Bettye C. Carmichael; Hinds Circuit Court 1st District; LC Case #: 251-99-319CIV; Ruling Date: 12/28/2007; Ruling Judge: Winston Kidd; Consolidated with 2008-IA-00324-SCT EMC Mortgage Corporation v. Bettye C. Carmichael; Hinds Circuit Court 1st District; LC Case #: 251-99-319-CIV; Ruling Date: 12/28/2007; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Roger Wayne VonAspern v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2004-5841/1; Ruling Date: 07/08/2005; Ruling Judge: Kosta Vlahos; Majority Opinion: Carlson, P.J. Disposition: Per Curiam Affirmance. Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Randolph and Kitchens, JJ. Dissenting Opinion: Graves, P.J. Votes: Randolph and Kitchens, JJ., Join This Opinion.

The Estate of James M. Laughter: Rubye C. Foster v. Marjorie Williams; DeSoto Chancery Court; LC Case #: 05-09-1452; Ruling Date: 04/03/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Lamar, J., not participating.

William Jennings, Jr. v. Rudolph L. McCelleis; Hinds Circuit Court 1st District; LC Case #: 251-05-555CIV; Ruling Date: 01/10/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CA-01389-SCT William Jennings, Jr. v. Rudolph L. McCelleis; Hinds Circuit Court 1st District; LC Case #: 251-05-555; Ruling Date: 08/14/2008; Ruling Judge: L. Hilburn; Disposition: The motion for rehearing filed by appellant is denied. Waller, C.J., not participating.

Mary Dixon v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-597; Ruling Date: 10/13/2006; Ruling Judge: Bobby DeLaughter; Disposition: The petition for writ of certiorari filed by counsel for Mary Dixon 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.

William Matthew Wilson a/k/a Willie v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-635; Ruling Date: 05/30/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, P.J. Disposition: Count I: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Count II: Conviction of Felonious Child Abuse and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively. Lee County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Chandler 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.

Mack Arthur King v. State of Mississippi; Lowndes Circuit Court; LC Case #: 6716; Ruling Date: 03/28/2003; Ruling Judge: R. Coleman; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by Mack Arthur King is denied. See Opinion of this Court handed down this date.

Mack Arthur King v. State of Mississippi; Lowndes Circuit Court; LC Case #: 6716; Ruling Date: 03/28/2003; Ruling Judge: R. Coleman; Majority Opinion: Graves, P.J. Disposition: Post Conviction Relief Denied. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Dickinson, J., Concurs in Part Without Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined In Part by Dickinson, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion in Part.

Douglas Duvall Hill v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-06-00187; Ruling Date: 06/21/2007; Ruling Judge: Stephen Simpson; Disposition: The petition for writ of certiorari filed pro se by Douglas Duvall Hill is denied. To Deny: All Justices. Order entered.

Germar Harris v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0088-CV1; Ruling Date: 09/06/2007; Ruling Judge: Lee Howard; Disposition: The petition for writ of certiorari filed pro se by Germar Harris is denied. To Deny: All Justices. Order entered.

Chris Miller and Johnny L. Miller a/k/a Snapper v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-045-CR; Ruling Date: 10/31/2007; Ruling Judge: C. Morgan, III; Disposition: The petition for writ of certiorari filed by counsel for Chris Miller is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. To Grant: Graves, P.J., and Pierce, J. Order entered.

The Mississippi Bar v. Robert C. Arledge; Disposition: Motion for Disbarment filed by The Mississippi Bar is granted. Robert C. Arledge is hereby permanently disbarred from the practice of law in the State of Mississippi. Graves, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Order entered.

The Mississippi Bar v. Robert C. Arledge; Majority Opinion: Pierce, J. Disposition: Robert C. Arledge is hereby permanently disbarred from the practice of law in the State of Mississippi. Robert C. Arledge taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Ronald Hood v. State of Mississippi; Yazoo Circuit Court; LC Case #: 26-0119; Ruling Date: 12/19/2007; Ruling Judge: Jannie Lewis; Disposition: The motion for rehearing filed by appellant is denied.

Vera Harris v. Vonda G. Reeves Darby, Gastrointestinal Associates and Endoscopy Center, LLC d/b/a GI Associates and Endoscopy ; Hinds Circuit Court 1st District; LC Case #: 251-05-782CIV; Ruling Date: 09/11/2007; Ruling Judge: W. Yerger; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Chandler, JJ., Concur. Graves, P.J., and Kitchens, J., not participating.

Public Employees' Retirement System v. Jannie M. Dishmon; Hinds Circuit Court 1st District; LC Case #: 251-02-1166(CIV); Ruling Date: 03/19/2008; Ruling Judge: Tomie Green; Disposition: The motion for rehearing filed by appellant is denied. Lamar, J., would grant.

William Jennings, Jr. v. Rudolph L. McCelleis; Hinds Circuit Court 1st District; LC Case #: 251-05-555; Ruling Date: 08/14/2008; Ruling Judge: L. Hilburn; Consolidated with 2007-CT-00404-SCT William Jennings, Jr. v. Rudolph L. McCelleis; Hinds Circuit Court 1st District; LC Case #: 251-05-555CIV; Ruling Date: 01/10/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing filed by appellant is denied. Waller, C.J., not participating.

The Mississippi Methodist Hospital and Rehabilitation Center, Inc. d/b/a Methodist Specialty Care Center v. Mississippi Division of Medicaid and Robert L. Robinson, in his Official Capacity as Director of Mississippi Division of Medicaid; Hinds Chancery Court 1st District; LC Case #: G-2008-7; Ruling Date: 09/11/2008; Ruling Judge: J. Thomas; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Kitchens and Pierce, JJ., Concur. Dickinson, J., Concurs in Part and in Result. Randolph, J., Dissents With Separate Written Opinion Joined by Lamar, J. Graves, P.J., not participating. Dissenting Opinion: Randolph, J. Votes: Lamar, J., Joins This Opinion.

The Mississippi Bar v. Daniel Inserra; Majority Opinion: Lamar, J. Disposition: Daniel Inserra shall be suspended from the practice of law in the State of Mississippi for a period of one year; said suspension shall begin to run upon payment of enrollment fees. Daniel Inserra taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.