11/05/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2008-KA-00583-SCT

Loyal Johnson v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2004-0039; Ruling Date: 03/24/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Conviction of driving under the influence and sentence of five (5) years, as an habitual offender, in the custody of the Mississippi Department of Corrections, and payment of a fine of $5,000.00 and restitution in the amount of $2,628.00, Affirmed. Said sentence shall not be reduced or suspended, nor shall said appellant be eligible for parole or probation. Noxubee County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Kenivel Smith v. State of Mississippi; Tunica Circuit Court; LC Case #: 2005-0159; Ruling Date: 10/17/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Lamar, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Tunica County Circuit Court is Reinstated and Affirmed. Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in this cause shall be served consecutively with the sentences imposed in Tunica Circuit Cause Numbers 2005-0018 and 2005-0019. Tunica County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion.

William S. Harris v. Tom Griffith Water Well & Conductor Service, Inc.; Marion Chancery Court; LC Case #: 2002-0177-G-T; Ruling Date: 04/11/2007; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by Tom Griffith Water Well & Conductor Service, Inc., is granted. To Grant: All Justices. Order entered.

Steven W. Collins v. Melannie Blaylock Collins; DeSoto Chancery Court; LC Case #: 05-03-0436; Ruling Date: 03/01/2007; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Steven W. Collins is denied. To Deny: Waller, C.J., Carlson and Graves P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

James Earl Holmes v. State of Mississippi; Clay Circuit Court; LC Case #: 8962; Ruling Date: 07/26/2007; Ruling Judge: James Kitchens, Jr.; Disposition: James Earl Holmes' pro se writ of certiorari and brief of petitioner is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. To Deny in Part and Dismiss in Part: Graves, P.J. Not Participating: Chandler, J. Order entered.

Johnny Steve Parker v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR05-399; Ruling Date: 02/16/2007; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Johnny Steve Parker is denied. To Deny: All Justices. Order entered.

Perrin H. Lowrey v. Cynthia Nelson Lowrey; Lamar Chancery Court; LC Case #: 2002-0254-GN-TH; Ruling Date: 09/06/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Randolph, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part. On Cross-Appeal: Affirmed. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens and Chandler, JJ., Concur. Pierce, J., Concurs in Part and in Result With Separate Written Opinion. Graves, P.J., not participating. Concurring in Part and in Result Opinion: Pierce, J.

Vincent Carnell Hudson a/k/a Slim v. State of Mississippi; Winston Circuit Court; LC Case #: 2007-022CR; Ruling Date: 11/01/2007; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by counsel for Vincent Carnell Hudson is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Lamar and Kitchens, JJ. To Deny: Graves, P.J., Randolph, Chandler and Pierce, JJ. Order entered.

James A. Burley, Parent/Guardian and Next Friend of Francesca Hill, Joshua Hill and Jakura Hill, Minors v. Eddie E. Douglas and Yazoo Valley Electric Power Association; Yazoo Circuit Court; LC Case #: 2004-C146; Ruling Date: 11/07/2007; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Concurs in Part and in Result With Separate Written Opinion Joined by Graves, P.J. Concurring in Part and in Result Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Mississippi State University and Mississippi State Institutions of Higher Learning v. Bruce Panuska; Oktibbeha Circuit Court; LC Case #: 2007-0111-CV; Ruling Date: 01/22/2008; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Mississippi State University and Mississippi Institutions of Higher Learning is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Graves, P.J. Order entered.

Robert Lee Tyler, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV 2008-0005; Ruling Date: 03/27/2008; Ruling Judge: Robert Chamberlin; Disposition: Motion for rehearing filed by appellant is denied.

In the Matter of the Petition of the Mississippi Bar to Transfer Robert W. Brumfield to Disability Inactive Status; Disposition: The Petition of the Mississippi Bar to Transfer Attorney Robert W. Brumfield to Disability Inactive Status pursuant to Rule 18 of the Rules of Discipline of the Mississippi State Bar is granted. See Opinion of this Court handed down this date. Order entered.

In the Matter of the Petition of the Mississippi Bar to Transfer Robert W. Brumfield to Disability Inactive Status; Majority Opinion: Chandler, J. Disposition: The Petition of the Mississippi Bar to Transfer Attorney Robert W. Brumfield to Disability Inactive Status pursuant to Rule 18 of the Rules of Discipline of the Mississippi State Bar is granted. Brumfield is not permitted to practice law until further order from this Court. The Clerk of the Mississippi Supreme Court shall immediately forward an attested copy of this order to the clerks of the circuit and chancery courts of this state, who shall enter this order upon the minutes of his or her respective court. The Clerk of this Court shall likewise immediately forward an attested copy of this order to the clerks of the United States District Courts for the Northern and Southern Districts of Mississippi; the clerk of the United States Court of Appeals for the Fifth Circuit; and the clerk of the Supreme Court of the United States. Robert W. Brumfield taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.