10/27/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2010-AN-00117-SCT

John Fletcher, John McConnon and Tom Leader v. Diamondhead Incorporators; Hancock Chancery Court; LC Case #: C2301-08-618(4); Ruling Date: 01/07/2010; Ruling Judge: Billy Bridges; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur.

Charles R. Phillips and RJK Investments, LLC v. Joey P. Kelley, Keith D. Templet, Pike County National Bank and Samuel C. Hall; Pike Circuit Court; LC Case #: 08-136-PCT; Ruling Date: 07/01/2010; Ruling Judge: Michael Taylor; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., not participating.

Patrick Franklin v. State of Mississippi; Tunica Circuit Court; LC Case #: 2007-0091; Ruling Date: 06/27/2008; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by Patrick Franklin is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. To Grant: Dickinson, P.J., Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.

Justin David Shaffer a/k/a Justin David Schaffer v. State of Mississippi; Greene Circuit Court; LC Case #: 21-06-10,048(2); Ruling Date: 08/14/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Dickinson, P.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Greene County Circuit Court is Reinstated and Affirmed. Conviction of exploitation of a child and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, without the benefit of parole, pay costs of court and a fine of $50,000, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler, J. Chandler, J., Dissents With Separate Written Opinion Joined by Kitchens, J. King, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion. Dissenting Opinion: Chandler, J. Votes: Kitchens, J., Joins This Opinion.

The Green Acres Trust v. Dan Wells and Ann Wells; Oktibbeha Chancery Court; LC Case #: 08-0030; Ruling Date: 03/04/2009; Ruling Judge: Kenneth Burns; Disposition: The judgments of the Court of Appeals and the Oktibbeha County Chancery Court are affirmed by an evenly divided Supreme Court and the costs on appeal are assessed to the Appellant. King, J., not participating. Waller, C.J., for the Court. Order entered.

Roger Heidelberg v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2008-87-KR2; Ruling Date: 04/08/2009; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Roger Heidelberg, pro se, is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Harry Studdard and Jean Studdard v. William Robert "Bob" Pitts; Warren Chancery Court; LC Case #: 2008-237-GN; Ruling Date: 07/09/2009; Ruling Judge: Marie Wilson; Disposition: Petition for writ of certiorari filed by counsel for Harry Studdard and Jean Studdard is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.

Joseph Johnett Wilson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-401; Ruling Date: 07/30/2009; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Joseph Johnett Wilson 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.

Johnny James, Jr. v. State of Mississippi; Newton Circuit Court; LC Case #: 08-CR-011-NW-C; Ruling Date: 08/20/2008; Ruling Judge: Vernon Cotten; Disposition: Petition to Stay Order Pending Review on Certiorari and Petition for Writ of Certiorari is dismissed without prejudice. Order entered.

Rennie T. Gibbs v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0031-CR1; Ruling Date: 04/23/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for Permission to File Interlocutory Appeal filed by Rennie T. Gibbs was granted by order of this Court on June 17, 2010. This Court sitting en banc now determines, sua sponte, that the petition was improvidently granted and should be dismissed. On the Court's own motion, the Petition for Permission to file Interlocutory Appeal is dismissed as improvidently granted. To Dismiss: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. King, J., Objects to the order with separate written statement joined by Dickinson, P.J., Kitchens and Chandler, JJ. Carlson, P.J., for the Court. Order entered.

Covington County School District, by and Through its Board of Education and its President, Andrew Keys and its Superintendent of Education, I.S. Sanford, Jr.; Covington County Superintendent of Education I.S. Sanford, Jr., officially and in his individual capacity; Covington County Board of Education, by and through its president, Andrew Keys; Andrew Keys, officially and in his individual capacity; Tommy Keys v. Jane Doe, a Minor, By and Through Her Next Friends, Daniel Magee and Geneva Magee; Covington Circuit Court; LC Case #: 2008-294C; Ruling Date: 08/13/2010; Ruling Judge: Frank Vollor; Disposition: Having considered the record, the parties' briefs, and oral argument in this interlocutory appeal, the en banc Court concludes that the circuit court's judgment is affirmed to the extent that it denied the appellants' motion for summary judgment; that the circuit court's judgment is vacated in all other respects; that this case is remanded to the circuit court; and the appellants shall bear the costs of this appeal. King, J., not participating. Waller, C.J., for the Court. Order entered.

Drexel Brown v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-78-KR2; Ruling Date: 05/07/2009; Ruling Judge: Billy Landrum; Disposition: Application for Leave to Proceed in the Trial Court filed pro se by Drexel Brown is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Not Participating: King, J. Order entered.