09/29/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2010-KA-00473-SCT

Leo Wales v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-853CRY; Ruling Date: 11/19/2009; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: Count I: Conviction of aggravated assault and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of armed robbery and sentence of forty-five (45) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of aggravated assault and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of armed robbery and sentence of forty-five (45) years in the custody of the Mississippi Department of Corrections, Affirmed. In Count I: Twenty (20) years of the sentence shall run concurrently with all counts, and five (5) years shall run consecutively to all counts. In Count II: Forty (40) years of the sentence shall run concurrently with all counts, and five (5) years shall run consecutively to all counts. In Count III: Twenty (20) years of the sentence shall run consecutively to Count IV and concurrently with Counts I and II, and five (5) years shall run consecutively to all counts. In Count IV: Forty (40) years of the sentence shall run consecutively to Count III and concurrently with Counts I and II, and five (5) years shall run consecutively to all counts. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur.

Richard Compere and James A. Bobo v. St. Dominic Jackson Memorial Hospital and Bryan Lantrip, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-09-229CIV; Ruling Date: 03/11/2010; Ruling Judge: W. Yerger; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Pierce and King, JJ., Concur. Chandler, J., not participating.

William Alias, Jr. v. The City of Oxford, Mississippi; Lafayette Circuit Court; LC Case #: L07-0309; Ruling Date: 03/07/2008; Ruling Judge: Robert Elliott; Disposition: Petition for writ of certiorari filed by counsel for William Alias, Jr., is dismissed as untimely filed pursuant to M.R.A.P. 17(b). Appellant's Motion to Suspend the Rules in Accordance with M.R.A.P. Rules 2 and 17, filed by counsel for William Alias, Jr., is denied. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

William Alias, Jr. v. The City of Oxford, Mississippi; Lafayette Circuit Court; LC Case #: L07-0309; Ruling Date: 03/07/2008; Ruling Judge: Robert Elliott; Disposition: Petition for writ of certiorari filed by counsel for William Alias, Jr., is dismissed as untimely filed pursuant to M.R.A.P. 17(b). Appellant's Motion to Suspend the Rules in Accordance with M.R.A.P. Rules 2 and 17, filed by counsel for William Alias, Jr., is denied. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Derrick Turner v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-272-CR; Ruling Date: 11/06/2008; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Derrick Turner 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.

Bertrue Jackson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0121; Ruling Date: 08/20/2009; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed pro se by Bertrue Jackson is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Waller, C.J., and Kitchens, J. Not Participating: King, J. Order entered.

Paul R. Cook v. The Home Depot and American Home Assurance Company; Rankin Circuit Court; LC Case #: 2009-099-R; Ruling Date: 08/20/2009; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Paul R. Cook is granted. To Grant: Waller, C.J., Dickinson, P.J., Randolph, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., Lamar and Chandler, JJ. Not Participating: King, J. Order entered.

Angela Humphries and Kevin Fromme v. Pearlwood Apartments Partnership and Mac-Re, LLC; Rankin Circuit Court; LC Case #: 2006-49-C; Ruling Date: 09/08/2009; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Angela Humphries and Kevin Fromme was granted by order of this Court on May 20, 2011. After consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion the petition for writ of certiorari is dismissed as improvidently granted. Not to Dismiss: Randolph, J. Not Participating: Lamar, Kitchens and King, JJ. Dickinson, P.J., for the Court. Order entered.

Rico Kiwanis Dunlap v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2009-00226; Ruling Date: 09/23/2009; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed pro se by Rico Kiwanis Dunlap is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J., and King, J. Order entered.

Kevin Dale McCain v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0167-CRP; Ruling Date: 10/30/2009; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by Kevin Dale McCain is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Deny: Pierce, J. Order entered.

Maney Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-10,227(2); Ruling Date: 01/15/2010; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by counsel for Maney Simmons, Jr., is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

American Air Specialists of Mississippi, Inc. v. Patricia Goldman, Timothy Kelly, Nancy Kelly and Jonathan Kelly; Jones Circuit Court 2nd District; LC Case #: 2010-112-CV11; Ruling Date: 03/09/2011; Ruling Judge: Billy Landrum; Disposition: Motion for Reconsideration, En Banc, is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Dickinson, P.J. Not Participating: King, J. Order entered.

Mississippi Commission on Judicial Performance v. Carol Ann Bustin; LC Case #: 2010-115; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Carol Ann Bustin is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Carol Ann Bustin; LC Case #: 2010-115; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Majority Opinion: Waller, C.J. Disposition: Lamar County Justice Court Judge Carol Ann Bustin shall be suspended from office for a period of thirty (30) days without pay, effective on the date of issuance of this Court's mandate; publicly reprimanded; fined $500; and assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Lamar County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Bustin in attendance. Justice Court Judge Carol Ann Bustin taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents Without Separate Written Opinion. Randolph, J., not participating.

In Re: Mark Mathews; Madison Circuit Court; LC Case #: 2010020152; Ruling Date: 08/10/2011; Ruling Judge: William Chapman, III; Disposition: Petition for Writ of Habeas Corpus is denied. Not Participating: King, J. Order entered.