10/16/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
  2013-CP-01030-SCT

Karma L. Thompson, and W. Shan Thompson, Jointly, Individually, and as Parents on Behalf of their Minor Children R.C.T., K.C.T., L.R.T., A.L.T. and A.S.T. v. Mississippi Department of Human Services Lamar County; Lamar Youth Court; LC Case #: 25-YC-2011-P-92-1; Ruling Date: 06/04/2013; Ruling Judge: William Andrews, III; Majority Opinion: Pierce, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Rules for Court Reporters; Disposition: On the Court's own motion, Rule I.(U) of the Rules and Regulations Governing Certified Court Reporters is amended as set forth in Exhibit "A." The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Agree: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. Disagree: Randolph, P.J., and Chandler, J. Order entered.

The Mississippi Bar v. Thomas W. Brock; Consolidated with 2010-BD-01859-SCT The Mississippi Bar v. William S. Guy; Disposition: Respondents' Motion to Dismiss Complaints is granted. This Court hereby accepts and adopts the recommendations of the Special Tribunal with respect to this case. Adopting said recommendations, this Court finds that the clear-and-convincing evidence standard required for imposition of disciplinary action against attorneys in Mississippi has not been met in this case. The complaints filed against Thomas W. Brock and William S. Guy by the Mississippi Bar are dismissed. Costs of this action shall be assessed to the Mississippi Bar. Waller, C.J., for the Court. Order entered.

Tommy Hampton a/k/a Thomas Hampton v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 086-11; Ruling Date: 10/31/2011; Ruling Judge: Robert Bailey; Majority Opinion: Randolph, P.J. Disposition: Conviction of robbery by use of a deadly weapon and sentence of twenty (20) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall not be reduced or suspended; nor shall Appellant be eligible for probation, parole, earned time or good-time credit. Appellant shall receive credit for 172 days for time previously served in this cause. Appellant shall pay court costs in the amount of $411.50, restitution in the amount of $2,000, AB fee in the amount of $1,500, and VBF in the amount of $10.00. Lauderdale County taxed with costs of appeal. Votes: Waller, C.J., Lamar and Pierce, JJ., Concur. Coleman, J., Specially Concurs With Separate Written Opinion Joined In Part by Dickinson and Randolph, P.JJ., and Pierce, J. Dickinson, P.J., Dissents With Separate Written Opinion. Chandler, J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ.; Dickinson, P.J., Joins In Part. Specially Concurring Opinion: Coleman, J. Votes: Dickinson and Randolph, P.JJ., and Pierce, J., Join This Opinion in Part. Dissenting Opinion: Dickinson, P.J. Dissenting Opinion: Chandler, J. Votes: Kitchens and King, JJ., Join This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Eric James Foster a/k/a Eric Foster a/k/a Eric J. Foster v. State of Mississippi; Franklin Circuit Court; LC Case #: 11-KR-015; Ruling Date: 10/18/2011; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Randolph, P.J. Disposition: Conviction of armed robbery and sentence of forty (40) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall receive full credit for time already served. Appellant shall pay all court costs and fees. Franklin County taxed with costs of appeal. Votes: Waller, C.J., Lamar and Pierce, JJ., Concur. Coleman, J., Specially Concurs With Separate Written Opinion Joined In Part by Dickinson and Randolph, P.JJ., and Pierce, J. Dickinson, P.J., Dissents With Separate Written Opinion Joined In Part by Chandler, J. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ.; Dickinson, P.J., Joins In Part. Specially Concurring Opinion: Coleman, J. Votes: Dickinson and Randolph, P.JJ., and Pierce, J., Join This Opinion in Part. Dissenting Opinion: Dickinson, P.J. Votes: Chandler, J., Joins This Opinion in Part. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Carl Richard Cook a/k/a Carl R. Cook a/k/a Carl Cook v. Rankin County, Mississippi; Rankin Circuit Court; LC Case #: 23695; Ruling Date: 09/10/2012; Ruling Judge: John Emfinger; Majority Opinion: King, J. Disposition: Reversed and Rendered. Rankin County taxed with costs of appeal. Votes: Dickinson, P.J., Kitchens and Chandler, JJ., Concur. Waller, C.J., Concurs in Part and in Result Without Separate Written Opinion. Pierce, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., Lamar and Coleman, JJ. Dissenting Opinion: Pierce, J. Votes: Randolph, P.J., Lamar and Coleman, JJ., Join This Opinion.

Karma L. Thompson, and W. Shan Thompson, Jointly, Individually, and as Parents on Behalf of their Minor Children R.C.T., K.C.T., L.R.T., A.L.T. and A.S.T. v. Mississippi Department of Human Services Lamar County; Lamar Youth Court; LC Case #: 25-YC-2011-P-92-1; Ruling Date: 06/04/2013; Ruling Judge: William Andrews, III; Disposition: Motion to Strike Brief of Appellant Shan Thompson is denied. Order entered.

Ronald W. McMorris d/b/a Taylorsville Insurance Agency and American Reliable Insurance Company, Inc. v. Joe Tally; Smith Circuit Court; LC Case #: 2009-001; Ruling Date: 05/29/2013; Ruling Judge: Eddie Bowen; Consolidated with 2013-IA-01072-SCT American Reliable Insurance Company, Inc. v. Joe Tally; Smith Circuit Court; LC Case #: 2009-001; Ruling Date: 06/03/2013; Ruling Judge: Eddie Bowen; Disposition: Joint Motion to Dismiss Appeal in Cause No. 2013-M-1072-SCT is granted with each side to bear its own costs. The cause is remanded to the Smith County Circuit Court, where the parties may petition for a judgment dismissing American Reliable from the underlying action. Pierce, J., not participating. Kitchens, J., for the Court. Order entered.

American Reliable Insurance Company, Inc. v. Joe Tally; Smith Circuit Court; LC Case #: 2009-001; Ruling Date: 06/03/2013; Ruling Judge: Eddie Bowen; Consolidated with 2013-IA-01063-SCT Ronald W. McMorris d/b/a Taylorsville Insurance Agency and American Reliable Insurance Company, Inc. v. Joe Tally; Smith Circuit Court; LC Case #: 2009-001; Ruling Date: 05/29/2013; Ruling Judge: Eddie Bowen; Disposition: Joint Motion to Dismiss Appeal in Cause No. 2013-M-1072-SCT is granted with each side to bear its own costs. The cause is remanded to the Smith County Circuit Court, where the parties may petition for a judgment dismissing American Reliable from the underlying action. Pierce, J., not participating. Kitchens, J., for the Court. Order entered.

Joseph Bailey v. Larry Raymer and Daphne Raymer; Union Circuit Court; LC Case #: CV-2013-118-U; Ruling Date: 04/09/2014; Ruling Judge: Andrew Howorth; Disposition: Motion to Dismiss Joseph Bailey Without Prejudice or, in the Alternative, to Remand to the Trial Court for Further Proceedings filed by Appellees is granted, and this appeal is dismissed upon entry of this order. This matter is remanded to the Union County Circuit Court, for entry of an order granting Joseph Bailey's Motion to Dismiss for Insufficient Service of Process in cause no. CV-2013-118-U. The stay of trial court proceedings entered by this Court on July 16, 2014, is vacated. Appellees are taxed with all costs of this appeal. Chandler, J., for the Court. Order entered.