10/29/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2008-CA-00683-SCT

Kenneth E. Smith v. Sandra K. Smith; Rankin Chancery Court; LC Case #: 29,835; Ruling Date: 03/25/2008; Ruling Judge: Dan Fairly; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Kitchens, JJ., Concur. Graves, P.J., Concurs in Result Only. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Chandler, J.

Aarco Oil and Gas Company, Harrell Energy Corporation, Glenn G. Mortimer, III, Anne Mortimer Ballantyne; Dorchester Royalty; Wheless Investment Company; J.T. Trotter Trustee of the Joseph Sydney Wheless, Jr. 1974 Trust, J.T. Trotter, Executor of the Estate of Ada Nance Wheless, Paige Holloway, Successor Trustee of the Paige Holloway Trotter GST Exemption, Compass Bank, Trustee of the Barbara Trotter Collions GST Exemption Trust, Fielding L. Cocke, Camille Cocke Patton, and Tamara C. Jenkins v. EOG Resources, Inc., William Wallace Allred, Barber Minerals, Inc., Wiley Fairchild Family Trust, John M. Fairchild, Michael B. Moore and Lynn S. Jones in their capacities as Trustees of the Wiley Fairchild Family Trust; and Fairchild-Windham Exploration Company, LLC; Covington Chancery Court; LC Case #: 07-184; Ruling Date: 06/26/2008; Ruling Judge: Joe Walker; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Waller, C.J., not participating.

Christopher Johnson v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-001; Ruling Date: 08/21/2008; Ruling Judge: W. Hines; Majority Opinion: Kitchens, J. Disposition: Per Curiam Affirmance. Count Two: Conviction of possession of a firearm by a convicted felon and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Hendrick K. Kuiper a/k/a Hendrick K. Kuiper and River Region Medical Corporation d/b/a Parkview Regional Medical Center d/b/a River Region Medical Center d/b/a River Region Health System v. Joseph Tarnabine and Margaret Tina Branan; Warren Circuit Court; LC Case #: 02,299-CI; Ruling Date: 03/20/2008; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Paula Lee Vaughn v. Mississippi Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-06-988; Ruling Date: 05/28/2008; Ruling Judge: W. Yerger; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, P.J. Waller, C.J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Eric Tate v. State of Mississippi; Amite Circuit Court; LC Case #: 07-KR-073; Ruling Date: 05/21/2008; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlson, P.J. Disposition: Count I: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Child Fondling and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Child Fondling and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences Shall Run Consecutively. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., not participating.

Willie C. Russell v. State of Mississippi; Sunflower Circuit Court; LC Case #: 10130; Ruling Date: 03/04/1993; Ruling Judge: Gray Evans; Disposition: On the Court's own motion, the Sunflower County Circuit Court shall file with this Court, within sixty (60) days of the entry of this order, a response as to why the circuit court has failed to render a decision on the issue of petitioner's alleged mental retardation. The Clerk of this Court shall forward copies of this order to the Sunflower County Circuit Court, all counsel of record and the Mississippi Office of Post-Conviction Counsel. Order entered.

Joseph Patrick Brown a/k/a "Peanut" v. State of Mississippi; Adams Circuit Court; LC Case #: 9902 ; Ruling Date: 03/12/1994; Ruling Judge: Richard Watson; Disposition: On the Court's own motion, Judge Isadore Patrick shall be required to show cause, if any, why he should not be compelled to render a decision on the matter within 60 days of the entry of this order. The Clerk of this Court shall forward copies of this order to Judge Isadore Patrick, the clerk of the trial court, all counsel of record and the Mississippi Office of Capital Post-Conviction Counsel. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: On the Court's own motion, counsel for Smith and for the State of Mississippi shall file a response to this order within sixty days of entry of this order. The Clerk of this Court shall forward copies of this order to the trial court, to all counsel of record, and to the Mississippi Office of Post-Conviction Counsel. All Justices Agree. Order entered.

Willie Jerome Manning a/k/a Fly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13086; Ruling Date: 07/30/1996; Ruling Judge: John Montgomery; Disposition: On the Court's own motion, the Circuit Court of Oktibbeha County shall file a response within sixty days of entry of this order addressing why this matter remains pending.The Clerk of this Court shall forward copies of this order to the Clerk of the Circuit Court of Oktibbeha County, the Office of Capital Post-Conviction Counsel and to all other attorneys of record. Agree: All Justices. Order entered.

Ricky Chase v. State of Mississippi; Copiah Circuit Court; LC Case #: 13941; Ruling Date: 02/28/1990; Ruling Judge: Joe Pigott; Disposition: On the Court's own motion, the Copiah County Circuit Court shall file with this Court, within sixty (60) days of the entry of this order, a response as to why it has failed to render a decision on the issue of petitioner's alleged mental retardation. The Clerk of this Court shall forward copies of this order to the Copiah County Circuit Court, all counsel of record and the Mississippi Office of Post-Conviction Counsel. Order entered.

Ronnie Lee Conner v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13490; Ruling Date: 07/27/1990; Ruling Judge: Robert Bailey; Disposition: On the Court's own motion, the Lauderdale County Circuit Court shall file with this Court, within sixty (60) days of the entry of this order, a response as to why it has failed to render a decision on the issue of petitioner's alleged mental retardation. The Clerk of this Court shall forward copies of this order to the Lauderdale County Circuit Court, all counsel of record and the Mississippi Office of Post-Conviction Counsel. Order entered.

Marlon Latodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-82; Ruling Date: 03/30/2001; Ruling Judge: R. Coleman; Disposition: On the Court's own motion, the trial court shall file a response to this order within sixty days of entry of this order. The Clerk of this Court shall forward copies of this order to the trial court, to all counsel of record and to the Mississippi Office of Post-Conviction Counsel. All Justices Agree. Order entered.

Kevin Scott v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 10/23/1998; Ruling Judge: Kenneth Thomas; Disposition: On the Court's own motion, counsel of record for Kevin Scott and the State of Mississippi shall file a response within sixty days of entry of this order addressing why there has been no petition for a hearing on the issue of mental retardation filed in the trial court. The Clerk of this Court shall forward copies of this order to the Circuit Court of Bolivar County, the Office of Capital Post-Conviction Counsel and to all other attorneys of record. Agree: All Justices. Order entered.

Fred Sanford Spicer, Jr. a/k/a Freddie Spicer, Jr. v. State of Mississippi; George Circuit Court; LC Case #: 2002-10,000(3); Ruling Date: 05/01/2003; Ruling Judge: Dale Harkey; Disposition: On the Court's own motion, within sixty (60) days of the entry of this order, counsel of record for both Fred Sanford Spicer and the State of Mississippi shall file responses and show cause as to why no effort has been made to pursue post-conviction relief in this matter. The Clerk of this Court shall forward copies of this order to the trial court, all counsel of record, and the Mississippi Office of Post-Conviction Counsel. Order entered.

HTC Healthcare II, Inc. d/b/a HTC Healthcare II, Lucedale v. Mississippi State Department of Health and George County Hospital; Hinds Chancery Court 1st District; LC Case #: G2005-524 W/4; Ruling Date: 06/04/2007; Ruling Judge: Patricia Wise; Disposition: Petition for writ of certiorari filed by counsel for HTC Healthcare II, Inc., is denied. To Deny: All Justices. Order entered.

Jessie Montrell Oliver a/k/a Money v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2007-0273CD; Ruling Date: 10/31/2007; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed pro se by Jessie Montrell Oliver is denied. To Deny: All Justices. Order entered.

Salvador Arceo, M.D., and St. Dominic-Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, and Individually, and the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-07-443 CIV; Ruling Date: 01/09/2008; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by appellee is denied. Graves, P.J., and Kitchens, J., would grant. Chandler, J., not participating.

Thomas Terrell Smith v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-0221-CR; Ruling Date: 11/01/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Thomas Terrell Smith is denied. To Deny: All Justices. Order entered.

Lutz Homes, Inc. and Barry R. Lutz, Individually v. Carl Weston and Lorraine Weston; Jackson Circuit Court; LC Case #: 2006-00322(1); Ruling Date: 04/14/2008; Ruling Judge: Robert Krebs; Disposition: Motion for rehearing filed by appellees is denied.

Douglas Jay, Jr. v. State of Mississippi; Newton Circuit Court; LC Case #: 04-CR-0044-NW-G; Ruling Date: 04/11/2005; Ruling Judge: Marcus Gordon; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Newton County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.