11/03/2011 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-IA-01963-SCT

Double Quick, Inc. v. Dorothy Moore, As Administrator And On Behalf Of All Of The Wrongful Death Beneficiaries Of Mario Moore, Deceased; Bolivar Circuit Court 2nd District; LC Case #: 2008-0072; Ruling Date: 11/23/2010; Ruling Judge: Albert Smith, III; Majority Opinion: King, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Stephan Hickman v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 08-0-555; Ruling Date: 07/09/2010; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: Conviction of capital murder and sentence of life without parole in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Kitchens, Pierce and King, JJ., Concur. Dickinson, P.J., and Lamar, J., Concur in Part and in Result.

Diana Kinsey, on Behalf of the Wrongful Death Beneficiaries of Ted Watkins, Deceased v. Pangborn Corporation; Ash Grove Cement Company; Precision Packaging, Inc.; Clark Sand Company, Inc.; Clemco Industries Corporation; Hanson Aggregates, Inc.; Humble Sand & Gravel, Inc.; Parmelee Industries, Inc.; Southern Silica of Louisiana, Inc.; Mine Safety Appliances Company (MSA); Empire Abrasive Equipment Corporation; Pearl Sands, Inc.; Pearl Specialty Sands, Inc.; Specialty Sand Company; Bob Schmidt, Inc.; Schmidt Manufacturing, Inc.; Lone Star Industries, Inc.; and American Optical Corporation; Harrison Circuit Court 1st District; LC Case #: A2401-07-151; Ruling Date: 05/17/2010; Ruling Judge: Roger Clark; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Jeremy Dale Davis v. State of Mississippi; Monroe Circuit Court; LC Case #: CR05-029; Ruling Date: 06/24/2005; Ruling Judge: Paul Funderburk; Disposition: Motion for rehearing filed by Jeremy Dale Davis is denied. Kitchens, Chandler and King, JJ., would grant.

Scott Harrison and Mona Harrison v. Mayor and Board of Alderman of The City of Batesville and Memphis Stone & Gravel Company; Panola Circuit Court 2nd District; LC Case #: CV2008-239 BP2; Ruling Date: 05/13/2009; Ruling Judge: Andrew Baker; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Arturo Aquirre Moreno v. State of Mississippi; Lamar Circuit Court; LC Case #: 2008-202H; Ruling Date: 11/10/2009; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed by Arturo Moreno is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar and Pierce, JJ. To Deny: Carlson, P.J., Randolph, Kitchens and Chandler, JJ. Not Participating, King, J. Order entered.

City of Jackson, Mississippi v. Mary Gray, Chris Clausell, et al.; Hinds Circuit Court 1st District; LC Case #: 251-07-755 CIV; Ruling Date: 09/08/2009; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by Mary Gray and Peggy Pettaway is denied. Pierce, J., not participating.

City of Jackson, Mississippi v. Mary Gray, Chris Clausell, et al.; Hinds Circuit Court 1st District; LC Case #: 251-07-755 CIV; Ruling Date: 09/08/2009; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by Chris Clausell is denied. Pierce, J., not participating.

APAC-Tennessee, Inc. v. Ethan Bryant, a Minor, By His Natural Father, Natural Guardian and Next of Friend, Carey Bryant, Kateri Bryant, Carey Bryant, Chad McCarty, and Everything Wholesale, LLC; DeSoto Circuit Court; LC Case #: CV2006-0261CD; Ruling Date: 09/01/2009; Ruling Judge: Robert Chamberlin; Disposition: Joint Motion for Voluntary Dismissal of Appeal and Cross-Appeal is granted. The parties are to bear their respective costs of appeal. Kitchens, J., for the Court. Order entered.

Kenneth L. Jackson v. State of Mississippi; Pike Circuit Court; LC Case #: 09-109-PKT; Ruling Date: 09/21/2009; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed pro se by Kenneth L. Jackson is denied. To Deny: All Justices. Order entered.

Calvin Langston v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2009-CI38; Ruling Date: 02/03/2010; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed pro se by Calvin Langston is denied. To Deny: All Justices. Order entered.

Jay T. Magee v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2009-136P; Ruling Date: 02/22/2010; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Jay T. Magee is denied. To Deny: All Justices. Order entered.

Leon Felix, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 10,0046-CI-P; Ruling Date: 04/21/2010; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed pro se by Leon Felix, Jr., is denied. To Deny: All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Steve Little; LC Case #: 2010-045; Ruling Date: 11/19/2010; Ruling Judge: H. Clark, II; Disposition: Motion for rehearing filed by the Mississippi Commission on Judicial Performance is denied. Waller, C.J., not participating.

Mississippi Commission on Judicial Performance v. Teresa Brown Dearman; LC Case #: 2011-012; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Teresa Brown Dearman is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Teresa Brown Dearman; LC Case #: 2011-012; Ruling Date: 04/13/2011; Ruling Judge: H. Clark, II; Majority Opinion: Lamar, J. Disposition: Stone County Justice Court Judge Teresa Brown Dearman shall be suspended from office for a period of thirty days without pay, effective on the date of issuance of this Court's mandate; publicly reprimanded; and assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Stone County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Dearman in attendance. Justice Court Judge Teresa Brown Dearman taxed with costs. Votes: Waller, C.J., Carlson, P.J., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: Dickinson, P.J.