09/30/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2009-CA-00594-SCT

William Sanders v. Advanced Neuromodulation Systems, Inc.; Lee Circuit Court; LC Case #: CV 07-141(A)L; Ruling Date: 04/03/2009; Ruling Judge: James Roberts, Jr.; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., not participating.

In Re: Barbara Dunn, Hinds County Circuit Clerk; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Majority Opinion: Kitchens, J. Disposition: Hinds County Circuit Clerk Barbara Dunn is sanctioned. Barbara Dunn, Hinds County Circuit Clerk, taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Waller, C.J., not participating.

Mary McQuarters v. State of Mississippi; Adams Circuit Court; LC Case #: 0195A-J; Ruling Date: 08/05/2009; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Randolph, J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with fifteen (15) years to serve and five (5) years on formal reporting post-release supervision, with conditions, Affirmed. Adams County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Patty Stewart, Sally Stewart Hester, Giles Stewart and Larry Stewart, Individually and as Co-Executors of the Estate of Edsel Stewart; and Larry Stewart and Giles Stewart as Co-Trustees of the Stewart Family Life Insurance Trust v. The Prudential Life Insurance Company of America and Pruco Life Insurance Company, JMB Financial and James Bateman; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Date: 02/12/2009; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar and Chandler, JJ., Concur. Graves, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Kitchens and Pierce, JJ., not participating.

Copiah County, Mississippi v. Nancy Oliver; Copiah Circuit Court; LC Case #: 2007-0269; Ruling Date: 04/15/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, C.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Randolph, J., Dissents With Separate Written Opinion. Dissenting Opinion: Randolph, J.

Krystal Marie Teston v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2005-0096; Ruling Date: 01/22/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Krystal Marie Teston was granted by Order of this Court on April 8, 2010. 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. To Dismiss: Graves, P.J., Randolph, Lamar and Pierce, JJ. Dickinson, J., Objects to the Order with Separate Written Statement joined by Waller, C.J., and Carlson, P.J. Not Participating: Kitchens and Chandler, JJ. Graves, P.J., for the Court. Order entered.

Richard Ray Timmons v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 821-06; Ruling Date: 04/15/2008; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Richard Ray Timmons is denied. To Deny: All Justices. Order entered.

In the Matter of the Adoption of D. C. S., Jr.; D. D. S.; and D. J. S.: Illinois Central Railroad Company v. J. F., V. S. and C. S.; Jefferson Chancery Court; LC Case #: 2006-005A; Ruling Date: 01/25/2008; Ruling Judge: George Ward; Disposition: Petition for writ of certiorari filed by counsel for Illinois Central Railroad Company was granted by order of this Court on May 20, 2010. The Court finds 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. Pierce, J., for the Court. Order entered.

Harvey Williams, Jr. a/k/a Smokie v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-969; Ruling Date: 04/06/2007; Ruling Judge: L. Hilburn; Disposition: Petition for writ of certiorari filed by Harvey Williams, Jr., is granted. To Grant: Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Waller, C.J., and Randolph, J. Not Participating: Graves, P.J. Order entered.

Julius Wesley Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2007-0256 (1); Ruling Date: 07/22/2008; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by counsel for Julius Wesley Kiker is granted. To Grant: Carlson and Graves, P.JJ., Dickinson and Kitchens, JJ. To Deny: Waller, C.J., Randolph, Lamar, Chandler and Pierce, JJ. Order entered.

Toulman D. Boatwright, Jr v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2009-CA-01412 Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Disposition: The motion for reconsideration of motion to designate case confidential filed by appellant is denied. Graves, P.J., not participating. Order entered.

Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-183-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2009-CT-00238-SCT Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-177-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Christopher Fluker is denied. To Deny: All Justices. Order entered.

Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-177-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2009-CT-00237-SCT Christopher Fluker v. State of Mississippi; Grenada Circuit Court; LC Case #: 2008-183-CR; Ruling Date: 01/07/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Christopher Fluker is denied. To Deny: All Justices. Order entered.

Delta Regional Medical Center v. Milton Green; Washington Circuit Court; LC Case #: 2008-0177CI; Ruling Date: 02/10/2009; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed by Delta Regional Medical Center is denied.

Charles Barry v. John R. Reeves; Hinds Circuit Court 1st District; LC Case #: 251-01-000907-CIV; Ruling Date: 02/13/2009; Ruling Judge: Winston Kidd; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph and Lamar, JJ., Concur. Graves, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson and Chandler, JJ. Waller, C.J., and Pierce, J., not participating. Concurring in Part and Dissenting in Part Opinion: Graves, P.J. Votes: Dickinson and Chandler, JJ., Join This Opinion.

Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 03/10/2009; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2008-M-01855 Toulman D. Boatwright, Jr v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Judge: Edwin Roberts, Jr.; Disposition: The motion for reconsideration of motion to designate case confidential filed by appellant is denied. Graves, P.J., not participating. Order entered.

Craig Wells v. Mississippi Department of Human Services; Jackson Chancery Court; LC Case #: 2010-0577NH; Ruling Date: 08/17/2010; Ruling Judge: D. Harris, Sr.; Disposition: The Emergency Petition for Relief filed by Craig Wells on September 13, 2010, is denied. Order entered.

Craig Wells v. Mississippi Department of Human Services; Jackson Chancery Court; LC Case #: 2010-0577NH; Ruling Date: 08/17/2010; Ruling Judge: D. Harris, Sr.; Disposition: The Emergency Petition for Relief filed by Craig Wells on September 21, 2010, is denie