10/06/2011 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
XX  2009-CT-01061-SCT

Gary Allen Glidden v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2007-00528; Ruling Date: 12/18/2008; Ruling Judge: Roger Clark; Majority Opinion: Carlson, P.J. Disposition: Conviction of possession of a controlled substance and sentence of four (4) years in the custody of the Mississippi Department of Corrections, as a habitual offender, without the eligibility for parole or probation, Affirmed. Harrison County taxed with costs of appeal. Votes: Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., and Chandler, J. King, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., Dickinson, P.J., and Chandler, J., Join This Opinion.

Schenille Martin, on Behalf of the Wrongful Death Heirs of Floyd L. Martin, Deceased v. B&B Concrete Company, Inc.; Lafayette Circuit Court; LC Case #: L07-223; Ruling Date: 10/05/2009; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Schenille Martin, individually and on behalf of the wrongful death beneficiaries of Floyd L. Martin, deceased, is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J. Not Participating: King, J. Order entered.

Frederick Jamal Davis, Nathan Rogers, Felicia Hundley, Ralph Hundley, Joey Mayes and Johnny Pickens v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2009-191-W; Ruling Date: 06/09/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: On the Court's own motion, the appeal filed pro se by the Appellants, Frederick Jamal Davis, Nathan Rogers, Felicia Hundley, Ralph Hundley, Joey Mayes and Johnny Pickens is dismissed for lack of a final judgment from which an appeal may be taken. All costs of this appeal are assessed to the Appellants. Chandler, J., for the Court. Order entered.

Mississippi Transportation Commission v. Sylvia Montgomery; Yazoo Circuit Court; LC Case #: 2003-CI67; Ruling Date: 06/23/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

In Re: Union Carbide Corporation, et al.; Smith Circuit Court; LC Case #: 2006-196; Ruling Date: 05/19/2011; Ruling Judge: Eddie Bowen; Disposition: Union Carbide's Petition for Disqualification of Trial Judge Pursuant to M.R.A.P. 48B, for an Immediate Stay of All Proceedings, and for Other Extraordinary Relief is granted. Judge Eddie H. Bowen shall immediately recuse himself from further proceedings in Smith County Circuit Court Cause No. 2006-196, and all matters pending therein shall continue to be stayed until such time as a judge is appointed to preside. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens and Chandler, JJ. Not Participating: Randolph, Pierce and King, JJ. Order entered.

In Re: Union Carbide Corporation, et al.; Smith Circuit Court; LC Case #: 2006-196; Ruling Date: 05/19/2011; Ruling Judge: Eddie Bowen; Disposition: Union Carbide's Petition for Disqualification of Trial Judge Pursuant to M.R.A.P. 48B, for an Immediate Stay of All Proceedings, and for Other Extraordinary Relief is granted. Judge Eddie H. Bowen shall immediately recuse himself from further proceedings in Smith County Circuit Court Cause No. 2006-196, and all matters pending therein shall continue to be stayed until such time as a judge is appointed to preside. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens and Chandler, JJ. Not Participating: Randolph, Pierce and King, JJ. Order entered.

In Re: Union Carbide Corporation, et al.; Smith Circuit Court; LC Case #: 2006-196; Ruling Date: 05/19/2011; Ruling Judge: Eddie Bowen; Disposition: Union Carbide's Petition for Disqualification of Trial Judge Pursuant to M.R.A.P. 48B, for an Immediate Stay of All Proceedings, and for Other Extraordinary Relief is granted. Judge Eddie H. Bowen shall immediately recuse himself from further proceedings in Smith County Circuit Court Cause No. 2006-196, and all matters pending therein shall continue to be stayed until such time as a judge is appointed to preside. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens and Chandler, JJ. Not Participating: Randolph, Pierce and King, JJ. Order entered.