10/18/2012 - Hand Down and published opinions in WordPerfect/ZIP format

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  2008-CT-00627-SCT

Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Consolidated with 2011-CT-00248-SCT Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 06/29/2007; Ruling Judge: Winston Kidd; Consolidated with 2009-CT-01630-SCT Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by the Public Employees' Retirement System is denied. To Deny: All Justices. Order entered.

Frederick Denell Grim v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0120; Ruling Date: 11/14/2008; Ruling Judge: Albert Smith, III; Disposition: Motion for Order Directing that a Copy of Supplemental Brief for Appellee be Served on Appellant Pro Se filed by the Appellant, Frederick Denell Grim, pro se, is dismissed as moot. Order entered.

Frederick Denell Grim v. State of Mississippi; Tunica Circuit Court; LC Case #: 2008-0120; Ruling Date: 11/14/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, P.J. Disposition: The judgments of the Court of Appeals and the Circuit Court of Tunica County are Affirmed. Conviction of the sale of cocaine and sentence of life without parole, as a habitual and second and subsequent offender, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence imposed in this cause shall run consecutively to any and all sentences previously imposed. Tunica 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., and Chandler, J. King, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and Chandler, J., Join This Opinion.

Great American E&S Insurance Company v. Quintairos, Prieto, Wood & Boyer, P.A.; Warren Circuit Court; LC Case #: 06-0231-CI; Ruling Date: 05/29/2009; Ruling Judge: Frank Vollor; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Circuit Court of Warren County is Affirmed in Part, Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., and Lamar, J., Concur. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens and Pierce, JJ. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion. King, J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Kitchens and Pierce, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Chandler, J.

Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Consolidated with 2011-CT-00248-SCT Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 06/29/2007; Ruling Judge: Winston Kidd; Consolidated with 2008-CT-00627-SCT Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by the Public Employees' Retirement System is denied. To Deny: All Justices. Order entered.

Bennie E. Braswell, Jr. v. Beth Stinnett, D.D.S., Individually and d/b/a Family Dentistry; Marshall Circuit Court; LC Case #: M2007-066; Ruling Date: 11/07/2009; Ruling Judge: Henry Lackey; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Marshall County Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., Concurs in Result Only.

William C. Vinzant v. State of Mississippi; Warren Circuit Court; LC Case #: 09,0113CRV(C); Ruling Date: 04/09/2010; Ruling Judge: M. Chaney, Jr.; Disposition: Petition for writ of certiorari filed by counsel for William C. Vinzant is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Waller, C.J. Order entered.

Charles Harris v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0075; Ruling Date: 04/21/2010; Ruling Judge: Richard Smith; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Circuit Court of Washington County of Count I: Conviction of aggravated assault and Count II: Conviction of possession of a firearm by a convicted felon, Affirmed. Sentences are vacated and the case is remanded to the Circuit Court of Washington County for a sentencing hearing. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs With Separate Written Opinion Joined by Waller, C.J. King, J., not participating. Concurring Opinion: Kitchens, J. Votes: Waller, C.J., Joins This Opinion.

Mississippi Valley Silica Company, Inc. v. Rutha Eastman as Administratrix of the Estate of Robert Eastman, II; Warren Circuit Court; LC Case #: 07,0132-CI; Ruling Date: 04/13/2010; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion to Amend or Correct the Mississippi Supreme Court's Mandate filed by Rutha Eastman is granted. Mississippi Valley Silica Company, Inc. and Rutha Eastman shall split the costs of appeal. Order entered.

Kerri Parmenter v. J & B Enterprises, Inc. and McDonalds Corporation, Inc.; Marshall Circuit Court; LC Case #: M2003-353; Ruling Date: 06/03/2010; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Kerri Parmenter is denied. To Deny: All Justices. Order entered.

A.M.L. v. J.W.L.; Madison Chancery Court; LC Case #: 2001-472; Ruling Date: 10/14/2009; Ruling Judge: Janace Goree; Disposition: Motion for rehearing filed by Appellee is denied.

Mississippi Transportation Commission v. Reena Kay Helms Buchanan; Pontotoc Special Court of Eminent Domain; LC Case #: CV-05-223JR(PO); Ruling Date: 09/20/2010; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by Mississippi Transportation Commission is denied. To Deny: All Justices. Order entered.

Mondrick Bradley a/k/a Mondric F. Bradley a/k/a Bradley Mondrick a/k/a Bradley Mondric a/k/a Mondric Bradley v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-10-408; Ruling Date: 08/03/2010; Ruling Judge: S. Harrison; Disposition: Petition for writ of certiorari filed by Mondrick Bradley is dismissed. M.R.A.P. 17(b). Order entered.

Gregory Antonio Hollins v. State of Mississippi; Rankin Circuit Court; LC Case #: 20980; Ruling Date: 08/03/2010; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Gregory Antonio Hollins is denied. To Deny: All Justices. Order entered.

Laura Karpinsky v. American National Insurance Company and Oraclean, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-08-139; Ruling Date: 12/01/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by American National Insurance Company and Oraclean, Inc., is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Waller, C.J., and Kitchens, J. Not Participating: King, J. Order entered.

Gail M. Anthony v. The Town of Marion, Mississippi, and The Mississippi Municipal Workers' Compensation Group; Lauderdale Circuit Court; LC Case #: 09-CV-139(W); Ruling Date: 01/07/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Gail M. Anthony is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce and King, JJ. To Deny: Carlson, P.J., Randolph and Chandler, JJ. Order entered.

Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00211-SCT Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Disposition: Motion to strike exhibits is dismissed as moot. Order entered.

Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00211-SCT Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Disposition: Motion for rehearing filed by Jackson HMA, Mississippi Baptist Medical Center, Inc. and St. Dominic-Jackson Memorial Hospital is denied. Chandler J., would grant.

Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00196-SCT Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Disposition: Motion to strike exhibits is dismissed as moot. Order entered.

Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00196-SCT Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Disposition: Motion for rehearing filed by Jackson HMA, Mississippi Baptist Medical Center, Inc. and St. Dominic-Jackson Memorial Hospital is denied. Chandler J., would grant.

Falesca Montgomery v. Safeco Insurance Company of Illinois; Stone Circuit Court; LC Case #: 2008-0223; Ruling Date: 01/27/2011; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by counsel for Falesca Montgomery is denied. To Deny: All Justices. Order entered.

Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 06/29/2007; Ruling Judge: Winston Kidd; Consolidated with 2008-CT-00627-SCT Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Consolidated with 2009-CT-01630-SCT Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by the Public Employees' Retirement System is denied. To Deny: All Justices. Order entered.

In Re: The Appointment of a Special Judge for the Twentieth Circuit Court District; Madison Circuit Court; Ruling Judge: William Chapman, III; Disposition: Pursuant to the Supreme Court's inherent power over the judiciary, Honorable Edwin Y. Hannan, County Court Judge of Madison County, is hereby appointed a special circuit judge of the Twentieth Circuit Court District for the limited purpose of presiding over the Twentieth Circuit Court District Drug Court, throughout the Twentieth Circuit Court District from August 24, 2011, nunc pro tunc, through the end of his current term of office on December 31, 2014. The Clerk of this Court shall transmit copies of this order to Honorable William E. Chapman, III, and Honorable John H. Emfinger, Judges of and for the Twentieth Circuit Court District; Honorable Michael Guest, District Attorney for the Twentieth Circuit Court District; the Circuit Clerk of Madison and Rankin Counties; and Honorable Edwin Y. Hannan, Special Judge of the Twentieth Circuit Court District. Order entered.