10/28/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2009-EC-01109-SCT

Town of Terry, Mississippi, Temporary Municipal Democratic Executive Committee and Cedric Abston, Individually v. Mary Smith, Individually, and in her Official Capacity as City Clerk for the Town of Terry, Mississippi; and Election Commission of the Town of Terry, Mississippi.; Hinds Circuit Court 1st District; LC Case #: 251-09-428CIV; Ruling Date: 06/08/2009; Ruling Judge: W. Yerger; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only.

Michael Easley v. State of Mississippi; Leflore Circuit Court; LC Case #: 2008-0235; Ruling Date: 03/20/2009; Ruling Judge: W. Hines; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of statutory rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of statutory rape and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of fondling and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of fondling and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I, ll, lll and IV shall run consecutively. Leflore County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

The Estate of Eula Mae Fedrick By and Through Sue Sykes, Administratrix v. Quorum Health Resources, Inc., Neshoba County and Marvin Page; Neshoba Circuit Court; LC Case #: 00-CV-0252-NS-C; Ruling Date: 02/06/2007; Ruling Judge: Vernon Cotten; Disposition: Motion for rehearing filed by Quorum Health Resources, Inc. is denied.

The Estate of Eula Mae Fedrick By and Through Sue Sykes, Administratrix v. Quorum Health Resources, Inc., Neshoba County and Marvin Page; Neshoba Circuit Court; LC Case #: 00-CV-0252-NS-C; Ruling Date: 02/06/2007; Ruling Judge: Vernon Cotten; Disposition: Motion for rehearing filed by Neshoba County is denied.

Kristi Leigh Fulgham v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0133-CR; Ruling Date: 12/09/2006; Ruling Judge: Lee Howard; Disposition: Motion to withdraw filed by James Lappan is dismissed without prejudice to be refiled in compliance with M.R.A.P. 46. Order entered.

Kristi Leigh Fulgham v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0133-CR; Ruling Date: 12/09/2006; Ruling Judge: Lee Howard; Majority Opinion: Lamar, J. Disposition: Conviction of Capital Murder, Affirmed. Sentence of Death, Reversed and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Specially Concurs with Separate Written Opinion joined by Lamar, J. Kitchens, J., Specially Concurs with Separate Written Opinion joined by Dickinson, J. Specially Concurring Opinion: Randolph, J. Votes: Lamar, J., Joins This Opinion. Specially Concurring Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion.

Timothy Wayne Diggs v. State of Mississippi; Lawrence Circuit Court; LC Case #: 2008-110P; Ruling Date: 08/25/2008; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed pro se by Timothy Wayne Diggs is denied. To Deny: All Justices. Order entered.

International Staff Management and Legion Insurance Company v. Takisha Stephenson; DeSoto Circuit Court; LC Case #: 2007-0247; Ruling Date: 08/25/2008; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by International Staff Management and Legion Insurance Company is denied. To Deny: All Justices. Order entered.

Norma Slater Moore v. Robert M. Bailey, DeSoto Land Corporation and Annice Kyle; DeSoto Circuit Court; LC Case #: CV07-0170 C/D; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Norma Slater-Moore is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Randolph, J. Order entered.

John P. Mladineo and Sherry Mladineo v. Richard Earl Schmidt, Michael Felsher Insurance Agency and Nationwide Property & Casualty Insurance Company; Jackson Circuit Court; LC Case #: 2006-00,277(2); Ruling Date: 10/31/2008; Ruling Judge: Billy Bridges; Majority Opinion: Pierce, J. Disposition: Affirmed in Part; Reversed in Part & Remanded. Appellants and appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Chandler, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion. Graves, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Dissenting Opinion: Kitchens, J. Concurring in Part and Dissenting in Part Opinion: Graves, P.J.

Shelia Regan v. South Central Regional Medical Center; Jones Circuit Court 2nd District; LC Case #: 2005-48-CV3; Ruling Date: 12/15/2008; Ruling Judge: Billy Landrum; Disposition: Motion to strike appellant's response to appellee's motion for clarification as it is, in essence, an out-of-time motion for rehearing is granted. Graves, P.J., not participating. Order entered.

Shelia Regan v. South Central Regional Medical Center; Jones Circuit Court 2nd District; LC Case #: 2005-48-CV3; Ruling Date: 12/15/2008; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. The previous opinions are withdrawn and this opinion is substituted therefor. Affirmed. Graves, P.J., not participating.

Shelia Regan v. South Central Regional Medical Center; Jones Circuit Court 2nd District; LC Case #: 2005-48-CV3; Ruling Date: 12/15/2008; Ruling Judge: Billy Landrum; Majority Opinion: Pierce, J. Disposition: The motion for rehearing is denied. The previous opinions are withdrawn and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., not participating.

Empire Abrasive Equipment Corporation v. Henry S. Morgan, Jr., Individually and on Behalf of all Wrongful Death Beneficiaries of Henry Morgan, Sr., Deceased; Adams Circuit Court; LC Case #: 07-KV-0107-J; Ruling Date: 01/21/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: Empire Abrasive Equipment Corporation's petition for interlocutory appeal and stay of proceedings is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Graves, P.J., and Kitchens, J. Order entered.