10/04/2012 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2011-IA-00541-SCT

Glen Poppenheimer v. The Estate of Joe D. Coyle, Deceased; DeSoto County Court; LC Case #: 2010-0059(CD); Ruling Date: 03/23/2011; Ruling Judge: Allen Couch, Jr.; Majority Opinion: King, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Tellus Operating Group, LLC, Baxterville Oil Acquisitions, LLC, Mississippi Oil Acquisitions, LLC, NOMS, LLC, SNPI, LLC, BAX, LLC, Vickery Properties LLC, Baxterville Properties, LLC and Sutherland Energy Corp. v. Texas Petroleum Investment Co., et al.; Lamar Circuit Court; LC Case #: 2004-307; Ruling Date: 02/25/2009; Ruling Judge: Prentiss Harrell; Consolidated with 2009-CA-01174-SCT Texas Petroleum Investment Co., et al. v. Tellus Operating Group, LLC, et al.; Lamar Circuit Court; LC Case #: 2004-307; Ruling Date: 02/25/2009; Ruling Judge: Prentiss Harrell; Consolidated with 2009-CA-01041-SCT Tellus Operating Group, LLC, Baxterville Oil Acquisitions, LLC, Mississippi Oil Acquisitions, LLC, NOMS, LLC, SNPI, LLC, BAX, LLC, Vickery Properties, LLC, Baxterville Properties, LLC and Sutherland Energy Corporation v. Total Petrochemicals USA, Inc. f/k/a Atofina Petrochemicals, Inc. f/k/a Fina Oil and Chemical Company; Lamar Circuit Court; LC Case #: 2007-3; Ruling Date: 02/25/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Kitchens, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellants and Appellees taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Lamar, Chandler, Pierce and King, JJ., Concur. Waller, C.J., and Randolph, J., not participating.

In Re: Thomas Corey McDonald and Edwin Cheshire; Jackson Chancery Court; LC Case #: 2010-1284; Ruling Date: 06/24/2010; Ruling Judge: D. Harris, Sr.; Consolidated with 2010-CA-01100-SCT In Re: Guy Jernigan; Jackson Chancery Court; LC Case #: 2010-1284; Ruling Date: 06/24/2010; Ruling Judge: D. Harris, Sr.; Majority Opinion: Lamar, J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens and Chandler, JJ., Concur. Pierce and King, JJ., not participating.

Andrew R. Townes, Jr. and Jan H. Townes v. Rusty Ellis Builder, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-08-550 CIV; Ruling Date: 12/15/2010; Ruling Judge: S. Harrison; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., and Pierce, J., Concur. Randolph, J., Concurs in Part and in Result With Separate Written Opinion Joined In Part by Chandler, J. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens, J. King, J., not participating. Concurring in Part and in Result Opinion: Randolph, J. Votes: Chandler, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Kitchens, J., Joins This Opinion.

Robert Rowland a/k/a Robert Stanley Rowland a/k/a Robert S. Rowland v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-0256; Ruling Date: 05/26/2011; Ruling Judge: W. Hines; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Indemnity Insurance Company of North America v. Guidant Mutual Insurance Company; Marshall Circuit Court; LC Case #: M98-196; Ruling Date: 12/30/2010; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, P.J. Disposition: Affirmed In Part, Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Robert L. Jenkins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2008-18; Ruling Date: 09/16/2009; Ruling Judge: John Gargiulo; Majority Opinion: Carlson, P.J. Disposition: The judgments of the Court of Appeals and the Circuit Court for the Second Judicial District of Harrison County are Affirmed. Conviction of possession of a controlled substance, as a habitual offender, and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., Chandler and King, JJ., Join This Opinion.

Lonnie Young a/k/a Xmoe Dragon v. State of Mississippi; Wayne Circuit Court; LC Case #: 09-32-K; Ruling Date: 01/13/2010; Ruling Judge: Robert Bailey; Majority Opinion: Carlson, P.J. Disposition: The judgments of the Court of Appeals and the Circuit Court of Wayne County are Affirmed. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Upon release from confinement, if appellant is ever released, appellant shall pay court cost in the amount of $306.00 to the Circuit Clerk of Wayne County, Mississippi. Appellant shall receive credit for 559 days of jail time served on this charge as follows: July 4, 2008, to January 13, 2010. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens, Chandler and King, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, Chandler and King, JJ., Join This Opinion.

In Re: Guy Jernigan; Jackson Chancery Court; LC Case #: 2010-1284; Ruling Date: 06/24/2010; Ruling Judge: D. Harris, Sr.; Consolidated with 2010-CA-01099-SCT In Re: Thomas Corey McDonald and Edwin Cheshire; Jackson Chancery Court; LC Case #: 2010-1284; Ruling Date: 06/24/2010; Ruling Judge: D. Harris, Sr.; Disposition: Motion to Take Appeal as Confessed and to Reverse filed by Guy Jernigan is denied. Order entered.

In the Matter of the Conservatorship for the Person and Estate of Larry Melvin Speakes: Aleta Sindelar Speakes v. Sondra Lanell Speakes Huerta; Bolivar Chancery Court 2nd District; LC Case #: 2008-0271; Ruling Date: 08/24/2010; Ruling Judge: William Willard, Jr.; Disposition: Motion for time to file a response to the motion for rehearing filed by Sondra Speakes Huerta is granted. The response, submitted on August 20, 2012, is accepted for filing. Order entered.

In the Matter of the Conservatorship for the Person and Estate of Larry Melvin Speakes: Aleta Sindelar Speakes v. Sondra Lanell Speakes Huerta; Bolivar Chancery Court 2nd District; LC Case #: 2008-0271; Ruling Date: 08/24/2010; Ruling Judge: William Willard, Jr.; Disposition: Motion for rehearing filed by Aleta Speakes is denied.

Brian Williams v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0006-M; Ruling Date: 06/30/2010; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Brian Williams is dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Randolph, J. Order entered.

Brian Williams v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0006-M; Ruling Date: 06/30/2010; Ruling Judge: Margaret Carey-McCray; Disposition: Petition to Issue Stay of Mandate filed pro se by Brian Williams is dismissed as moot. Order entered.

University of Mississippi Medical Center v. Barbara Lanier, Individually and on Behalf of the Heirs at Law of Darrell Gill, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-42CIV; Ruling Date: 12/02/2010; Ruling Judge: S. Harrison; Disposition: Motion for rehearing filed by Barbara Lanier, et al., is denied.

Caregivers, LLC d/b/a Clarksdale Nursing Center, Magnolia Management Corporation d/b/a Magnolia Ancillary Services, Inc., Legacy Management Services, LLC and Magnolia Ancillary Services, Inc. v. Ilean Comfort as Executrix for Marie Ellison, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-02-0141; Ruling Date: 03/14/2011; Ruling Judge: Albert Smith, III; Disposition: Motion for Clarification filed by Caregivers, LLC, et al., is denied. Order entered.

Mississippi Department of Revenue v. Pikco Finance, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-11-75 CIV; Ruling Date: 05/09/2011; Ruling Judge: William Gowan, Jr.; Disposition: Motion for rehearing filed by Pikco Finance, Inc., is denied. Kitchens, J., not participating.

Kaye Hankins v. Maryland Casualty Company/Zurich American Insurance Company; Madison Circuit Court; LC Case #: CI-2009-0265-JE; Ruling Date: 07/01/2011; Ruling Judge: John Emfinger; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Lamar and Pierce, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. King, J., not participating. Dissenting Opinion: Waller, C.J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Kathleen L. Caldwell v. The Mississippi Bar; Consolidated with 2012-BD-00049-SCT The Mississippi Bar v. Kathleen L. Caldwell; Disposition: Petition for Reinstatement filed by Kathleen L. Caldwell is dismissed. Motion of the Mississippi Bar to Dismiss Petition for Reinstatement is granted. See opinion of this Court handed down this date. King, J., not participating.

Kathleen L. Caldwell v. The Mississippi Bar; Consolidated with 2012-BD-00049-SCT The Mississippi Bar v. Kathleen L. Caldwell; Majority Opinion: Waller, C.J. Disposition: As to 2011-BR-01834-SCT: Petition of Kathleen L. Caldwell for reinstatement to the practice of law in the State of Mississippi is dismissed. As to 2012-BD-00049-SCT: Kathleen L. Caldwell is hereby suspended from the practice of law in the State of Mississippi for six (6) months, to be followed by eighteen (18) months of probation to be served under terms and conditions as determined by the Committee on Professional Responsibility. Caldwell shall be publicly reprimanded in open court by the Presiding Judge on the first day of the next term of the Circuit Court of DeSoto County in which a jury venire is present, after this decision is final. Caldwell is assessed with all costs. Kathleen L. Caldwell is taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

The Mississippi Bar v. Michael J. Brown; Disposition: Michael J. Brown is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Order entered.

The Mississippi Bar v. Michael J. Brown; Majority Opinion: Carlson, P.J. Disposition: Michael J. Brown is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. The Mississippi Bar shall have and recover of and from Michael J. Brown all of its costs and expenses of this disciplinary action. Michael J. Brown taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.