10/25/2012 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: Motion to Amend Rules 34 and 45 of the Mississippi Rules of Civil Procedure filed by the Advisory Committee on Rules is granted. Rules 34 and 45 are amended as set forth in Exhibit "A" hereto. The amendments are effective July 1, 2013. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2007-25; Ruling Date: 11/03/2009; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by counsel for T.C.B. Construction Company, Inc., is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.

T.C.B. Construction Company, Inc. v. W. C. Fore Trucking, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2007-25; Ruling Date: 11/03/2009; Ruling Judge: Roger Clark; Disposition: Motion for leave to correct exhibit to petition for writ of certiorari is granted. The corrected petition for writ of certiorari filed by counsel for W. C. Fore Trucking, Inc., is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Dickinson, P.J. Order entered.

Tyrone Hairston v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0001-CR1; Ruling Date: 03/02/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The petition for writ of certiorari filed by the State of Mississippi was granted by order of this Court on August 30, 2012. Upon further consideration, the Court finds that there is no need for further review and the writ of certiorari should be dismissed. On the Court's own motion and pursuant to Rule 17(f) of the Mississippi Rules of Appellate Procedure, the writ of certiorari is dismissed. Chandler and Pierce, JJ., disagree. Waller, C.J., for the Court. Order entered.

Tyrone Hairston v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0001-CR1; Ruling Date: 03/02/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Appellant's Motion to Supplement the Illegal Amend Indictment is dismissed as moot. Order entered.

Thomas Dale Watts v. Kimberly J. Watts; Harrison Chancery Court 1st District; LC Case #: 08-01816-4; Ruling Date: 03/11/2010; Ruling Judge: Carter Bise; Disposition: Petition for writ of certiorari filed by counsel for Thomas Dale Watts is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. Not Participating: Pierce, J. Order entered.

Johnny R. Young, Jr. a/k/a Johnnie R. Young, Jr. v. State of Mississippi; Union Circuit Court; LC Case #: UK07-132; Ruling Date: 10/14/2009; Ruling Judge: Andrew Howorth; Majority Opinion: Carlson, P.J. Disposition: The judgments of the Court of Appeals and the Circuit Court of Union County are Affirmed. Count I: Conviction of sexual battery and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of sexual battery and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of sexual battery and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run concurrently with each other with conditions. Union County taxed with costs of appeal. Votes: Randolph, Lamar and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Chandler, J.; Kitchens and King, JJ., Join In Part. Waller, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Dickinson, P.J. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Chandler and King, JJ.; Dickinson, P.J., Joins In Part. Dissenting Opinion: Dickinson, P.J. Votes: Chandler, J., Joins This Opinion. Kitchens and King, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Waller, C.J. Votes: Dickinson, P.J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion. Dickinson, P.J., Joins in Part.

Laterrice Terrell Barnes v. State of Mississippi; Jackson Circuit Court; LC Case #: 2007-10,377(3); Ruling Date: 02/19/2009; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed pro se by Laterrice Terrell Barnes is denied. To Deny: All Justices. Order entered.

Anthony Mercie Expose v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2009-93; Ruling Date: 07/21/2010; Ruling Judge: John Gargiulo; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Stone County Circuit Court is Reinstated and Affirmed. Conviction of forcible sexual intercourse and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Stone County taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler, J. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Diana Ladnier and Lawrence Ladnier v. Joseph Hester; George Circuit Court; LC Case #: 2009-0128(2); Ruling Date: 07/20/2010; Ruling Judge: Kathy Jackson; Disposition: Motion for rehearing filed by Appellee is denied. Pierce, J., would grant.

McComb Nursing and Rehabilitation Center, LLC v. Masumi Lee, Individually and for and on Behalf of the Wrongful Death Beneficiaries of Robert E. Lee, Deceased; Pike Circuit Court; LC Case #: 07-016-PC; Ruling Date: 07/27/2010; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed by counsel for McComb Nursing and Rehabilitation Center, Inc., is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and King, JJ. To Grant: Dickinson, P.J., and Pierce. J. Order entered.

Robert Lee Thomas v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-10-0062; Ruling Date: 11/23/2010; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed pro se by Robert Lee Thomas is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Dismiss: Waller, C.J. Order entered.

Bailey Lumber & Supply Co. v. Dwight Robinson; Hinds Circuit Court 1st District; LC Case #: 251-09-128CIV; Ruling Date: 09/10/2010; Ruling Judge: S. Harrison; Disposition: Motion for rehearing filed by Bailey Lumber & Supply Co., is denied. Kitchens, Chandler and King, JJ., would grant. Waller, C.J., not participating.

Mississippi Farm Bureau Casualty Insurance Company, Jimmy Moore and John Lagrone v. Mississippi Department of Mental Health; Lafayette Circuit Court; LC Case #: L08-077; Ruling Date: 01/14/2011; Ruling Judge: Robert Elliott; Disposition: Petition for writ of certiorari filed by Mississippi Farm Bureau Casualty Insurance Company, et al., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, J. Order entered.

Jaquith Nursing Home, Mississippi State Hospital and Mississippi Department of Mental Health v. Nancy Yarbrough Substituted As Party For Nellie Andrews, as the Personal Representative of Walter Yarbrough, Deceased; Rankin Circuit Court; LC Case #: 2002-412; Ruling Date: 03/15/2011; Ruling Judge: John Emfinger; Majority Opinion: Kitchens, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Chandler and Pierce, JJ., Concur. Randolph, J., Dissents With Separate Written Opinion Joined by Carlson, P.J. King, J., not participating. Dissenting Opinion: Randolph, J. Votes: Carlson, P.J., Joins This Opinion.

Drury Company v. Varnell Framing Contractor, Inc.; Hinds County Court 1st District; LC Case #: 251-10-6869 COV; Ruling Date: 05/16/2011; Ruling Judge: Melvin Priester; Disposition: This interlocutory appeal is before the en banc Court on its own motion. Having considered the records and the briefs, the Court determines that further review is unnecessary and that this appeal should be dismissed. It is therefore ordered that this interlocutory appeal is dismissed and the appellant shall bear the costs of this appeal. Dickinson, P.J., for the Court. Order entered.

Driver Pipeline Company, Inc., Buckley Equipment Services, Inc. v. Williams Transport, LLC; Jasper Circuit Court 1st District; LC Case #: 110-0101; Ruling Date: 05/12/2011; Ruling Judge: Eddie Bowen; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: Dickinson, P.J.