11/19/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
XX  2008-KA-00981-SCT

Relious Densmore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 634-07; Ruling Date: 05/23/2008; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Lauderdale County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson and Chandler, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Carlson, P.J., Randolph and Lamar, JJ. Dissenting Opinion: Pierce, J. Votes: Carlson, P.J., Randolph and Lamar, JJ., Join This Opinion.

City of Laurel, Mississippi v. Clyde Williams, as Personal/Legal Guardian and Next Friend of Michael DeAnthony Williams, Individually and Clyde Williams as Personal/Legal Guardian and Next Friend of Minor Child, Michael DeAnthony Williams and the Minor Child, Dorrien Alexander Williams, Being the Wrongful Death Heirs of Lisa Williams, Deceased; Jones Circuit Court 2nd District; LC Case #: 2004-114-CV-6; Ruling Date: 06/23/2008; Ruling Judge: Billy Landrum; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Waller, C. J., Specially Concurs with Separate Written Opinion Joined by Carlson, P.J., Randolph, Lamar and Pierce, JJ. Graves, P.J., Dissents With Separate Written Opinion Joined by Chandler, J. Specially Concurring Opinion: Waller, C.J. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Join This Opinion. Dissenting Opinion: Graves, P.J. Votes: Chandler, J., Joins This Opinion.

Jeffery A. Stallworth v. Telaya A. Brown, TGIS Inc. and New York Life Insurance Co. ; Hinds Circuit Court 1st District; LC Case #: 251-02-1027CIV; Ruling Date: 01/30/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., and Kitchens, J., not participating.

Christopher Wayne Walters v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 073-04; Ruling Date: 10/09/2008; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Randolph, J. Disposition: Affirmed. Lauderdale County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 83(b) is amended as set forth in Exhibit "A" attached to the order. This amendment is effective on July 1, 2010. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Agree: All Justices. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 27(f) is amended as set forth in Exhibit "A" attached to the order. This amendment is effective on July 1, 2010. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Agree: All Justices. Order entered.

Thomas Glen Garner v. State of Mississippi; Forrest Circuit Court; LC Case #: C106-0183; Ruling Date: 03/22/2007; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by appellant was granted by order of the Court on June 25, 2009. After consideration, the Court finds that the petition was improvidently granted and should be dismissed. Petition for writ of certiorari filed by appellant is dismissed as improvidently granted. To Dismiss: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Pierce, JJ. Not to Dismiss: Graves, P.J., and Kitchens, J. Not Participating: Chandler, J. Carlson, P.J., files Separate Written Statement to Order Dismissing Petition for Writ of Certiorari joined by Waller, C.J., and Pierce, J.; Randolph, J., Joins in Part. Randolph, J., files Separate Written Statement to Order Dismissing Petition for Writ of Certiorari joined by Waller, C.J., and Lamar, J. Kitchens, J., Objects and files Separate Written Objection to Order Dismissing Petition for Writ of Certiorari joined by Graves, P.J., and Dickinson, J. Lamar, J., for the Court. Order entered.

Richard Mitchell a/k/a Rick Mitchell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-798; Ruling Date: 06/25/2007; Ruling Judge: L. Hilburn; Disposition: Petition for writ of certiorari filed by Richard Mitchell 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.

Tippah County, Mississippi v. Joyce Childers, as Guardian of Daniel Childers and Daniel Childers, Individually; Tippah Circuit Court; LC Case #: T-07-056; Ruling Date: 09/27/2007; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by counsel for Tippah County, Mississippi is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. To Grant: Pierce, J. Order entered.

Whitzey Santaiz Walker v. State of Mississippi; Warren Circuit Court; LC Case #: 060292CRP; Ruling Date: 10/15/2007; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed pro se by Whitzey Santaiz Walker is denied. To Deny: All Justices. Order entered.

Will D. Massey and Jackie M. Massey v. Joe S. Lewis; Lauderdale Chancery Court; LC Case #: 05-392-M; Ruling Date: 07/18/2007; Ruling Judge: Jerry Mason; Disposition: Petition for writ of certiorari filed by Joe S. Lewis 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.

John Thelbert Whitley v. City of Brandon, Mississippi; Rankin Chancery Court; LC Case #: 62607; Ruling Date: 12/14/2007; Ruling Judge: Dan Fairly; Disposition: John Thelbert Whitley's Petition for writ of certiorari to Mississippi Supreme Court is dismissed. City of Brandon's Motion to Dismiss Pleading styled Petition for writ of certiorari to Mississippi Supreme Court is granted in part and denied in part. The motion to dismiss the petition as untimely is granted. The motion for attorneys' fees and other sanctions is denied. To Dismiss Petition and Deny Further Sanctions: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny Petition and Grant Further Sanctions: Randolph, J. Order entered.

John Thelbert Whitley v. City of Brandon, Mississippi; Rankin Chancery Court; LC Case #: 62607; Ruling Date: 12/14/2007; Ruling Judge: Dan Fairly; Disposition: John Thelbert Whitley's Petition for writ of certiorari to Mississippi Supreme Court is dismissed. City of Brandon's Motion to Dismiss Pleading styled Petition for writ of certiorari to Mississippi Supreme Court is granted in part and denied in part. The motion to dismiss the petition as untimely is granted. The motion for attorneys' fees and other sanctions is denied. To Dismiss Petition and Deny Further Sanctions: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny Petition and Grant Further Sanctions: Randolph, J. Order entered.

David Wayne Gaddy v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-07-49; Ruling Date: 02/06/2008; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed pro se by David Wayne Gaddy is denied. To Deny: All Justices. Order entered.

Olivia M. Sliman v. Mary Thi Nguyen; Jackson Circuit Court; LC Case #: CI 2005-00,230; Ruling Date: 05/01/2008; Ruling Judge: Kathy Jackson; Majority Opinion: Chandler, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

Shannon Holmes and State Farm Mutual Automobile Insurance v. Lee McMillan; Hinds County Court 1st District; LC Case #: 251-07-6595-COV; Ruling Date: 06/20/2008; Ruling Judge: Houston Patton; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion. Dissenting Opinion: Graves, P.J. Dissenting Opinion: Kitchens, J.

Adolpho Mann v. State of Mississippi; Newton Circuit Court; LC Case #: 08-CR-002-NW-G; Ruling Date: 06/19/2008; Ruling Judge: Marcus Gordon; Disposition: On the Court's own motion, the Petition for Interlocutory Appeal previously filed by Adolpho Mann is dismissed as improvidently granted, and the stay of the trial court proceedings granted by this Court is vacated. To Dismiss: Waller, C.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. Not to Dismiss: Graves, P.J., and Kitchens, J. Carlson, P.J., for the Court. Order entered.

Mark L. Pearson v. David Nutt & Associates, P.C., Harold J. Barkley, Jr., d/b/a Harrold J. Barkley, Jr., Barkley Law Firm, PLLC, Harrold J. Barkley, III and Lundy & Davis, LLP; Hinds Chancery Court 1st District; LC Case #: G2007-621 W/4; Ruling Date: 07/09/2008; Ruling Judge: Patricia Wise; Disposition: Motion for Award of Damages for Frivolous Appeal filed by the appellees is denied. Waller, C.J., and Kitchens, J., not participating. Order entered.

In the Matter of the Petition of Attorney Doe to Return to Active Status; Disposition: Notice of Withdrawal of Petition filed by Attorney Doe is granted. The Petition of the Attorney to Return to Active Status is hereby withdrawn without prejudice. Kitchens, J., for the Court. Order entered.

In the Matter of the Petition of Attorney Doe to Return to Active Status; Disposition: Notice of Withdrawal of Petition filed by Attorney Doe is granted. The Petition of the Attorney to Return to Active Status is hereby withdrawn without prejudice. Kitchens, J., for the Court. Order entered.