10/07/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2009-CA-01739-SCT

In Re: The Estate of Randall Scott Davis Deceased: Robin E. Davis, Administratrix and United States of America v. Mississippi State Tax Commission; Lee Chancery Court; LC Case #: 2004-1745; Ruling Date: 09/22/2009; Ruling Judge: C. Malski; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellee 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.

Thelma R. Koestler and Leo C. (Mickey) Koestler, Deceased, by and through Thelma R. Koestler v. Mississippi Baptist Health Systems, Inc.; Baptist Memorial Medical Center, Inc.; Baptist Behavioral Health Services; William S. Cook, Jr., M.D., P.A.; William S. Cook, Jr., M.D., Individually and/or in his capacity as an employee of Mississippi Baptist Medical Systems, Inc., and/or in his capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in his capacity as Medical Director of Baptist Senior Behavioral Health Services; Khari A. Omolara, P.C.; Khari A. Omolara, M.D., Individually and/or in his capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in his capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in his capacity as Contractor of Baptist Behavioral Health Services; Grace Scott, R.N., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in her capacity as employee of Baptist Behavioral Health Services; Tiffany Parker, L.S.W., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in her capacity as employee of Baptist Behavioral Health Services; Becky Ivey, O.T., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in her capacity as employee of Baptist Behavioral Health Services; S. Inman, R.N., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and or/in her capacity as an employee of Baptist Behavioral Health Services; and Stacey Ashley, Individually; Hinds Circuit Court 1st District; LC Case #: 251-08-85-CIV; Ruling Date: 03/18/2009; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

James Robert Delker v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 586-06; Ruling Date: 09/19/2007; Ruling Judge: Robert Bailey; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Affirmed. Conviction of felony driving under the influence (DUI) and sentence, as a habitual offender, of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar and Pierce, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Kitchens, J. Graves, P.J., not participating. Dissenting Opinion: Chandler, J. Votes: Waller, C.J., and Kitchens, J., Join This Opinion.

Loni Marie Rutland v. State of Mississippi; Franklin Circuit Court; LC Case #: 06-KR-039; Ruling Date: 08/24/2007; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Loni Marie Rutland is granted. To Grant: Waller, C.J., Graves, P.J., Dickinson, Kitchens and Chandler, JJ. To Deny: Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.

Sammie Johnson a/k/a Sammie Lee Johnson v. State of Mississippi; Marshall Circuit Court; LC Case #: M2003-540; Ruling Date: 02/27/2009; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Sammie Lee Johnson is dismissed as untimely filed. M.R.A.P 17(b). Order entered.

Karen Irby v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-413; Ruling Date: 05/25/2010; Ruling Judge: Tomie Green; Disposition: Petition for Recusal filed by Karen Irby is denied. To Deny: All Justices. Order entered.

Sierra Club v. Mississippi Public Service Commission and Mississippi Power Company, Inc.; LC Case #: 2009-UA-14; Disposition: Motion for Extraordinary Relief filed by Mississippi Power Company, Inc., is denied. The appeal is dismissed. Costs of this appeal are assessed to the appellants. Motion for Expedited Consideration filed by Sierra Club is dismissed as moot. To Deny: All Justices. Order entered.

Sierra Club v. Mississippi Public Service Commission and Mississippi Power Company, Inc.; LC Case #: 2009-UA-14; Disposition: Motion for Extraordinary Relief filed by Mississippi Power Company, Inc., is denied. The appeal is dismissed. Costs of this appeal are assessed to the appellants. Motion for Expedited Consideration filed by Sierra Club is dismissed as moot. To Deny: All Justices. Order entered.