12/01/2011 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-KA-00397-SCT

Brian Holliman v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0112CR1; Ruling Date: 12/04/2009; Ruling Judge: Lee Howard; Majority Opinion: King, J. Disposition: Reversed and Remanded. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Steve Knox, Michelle Byrom, Blayde Grayson, Benny Joe Stevens, Gerald Holland, Jan Michael Brawner, Rodney Gray, Jeffrey Havard, Richard Jordan, Thong Le, Willie Manning, William Mitchell, Stephen Powers, Larry Matthew Puckett, Gary Carl Simmons, and Alan Dale Walker v. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G-2010-799 S/2; Ruling Date: 05/14/2010; Ruling Judge: William Singletary; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ., Concur.

Queen City Nursing Center, Inc., Community Living Centers, LLC d/b/a Meridian Community Living Center, and Beverly Enterprises-Mississippi, Inc. d/b/a Golden Living Center-Meridian v. Mississippi State Department of Health and Meadowbrook Health and Rehab, LLC; Hinds Chancery Court 1st District; LC Case #: G2009-299 T/1; Ruling Date: 06/10/2010; Ruling Judge: J. Thomas; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.

In Re: Uniform Chancery Court Rules; Disposition: The request to amend Rule 8.05 of the Uniform Chancery Court Rules is granted. Rule 8.05 of the Uniform Chancery Court Rules is amended as set forth in Exhibit "A" hereto. This amendment is effective July 1, 2012. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: All Justices. Order entered.

Rules for Court Reporters; Disposition: The Petition for Approval of Amended Rules and Regulations Governing Certified Court Reporters filed by the Mississippi Board of Certified Court Reporters is granted and the Rules and Regulations Governing Certified Court Reporters are amended as set forth in Exhibit "A" hereto. This amendment is effective January 1, 2012. The Clerk of this Court shall enter this Order on the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: All Justices. Order entered.

In Re: Frank Melton; Hinds Circuit Court 1st District; LC Case #: 06-0-719; Ruling Date: 03/01/2007; Ruling Judge: Tomie Green; Disposition: Request for Striking Portions of the Defendant's Motion and Request for Sanctions filed by Judge Tomie Green is dismissed. The Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and Alternatively to Clarify filed by Judge Tomie Green is dismissed. The Response to Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and in the Alternative to Clarify and Specific Request for a Standing Order Recusing Judge Green in all Existing and Future Cases filed by Counsel for Frank Melton filed by Dale Danks, Jr., Merrida Coxwell, Jr. and Michael V. Cory, Jr., is dismissed. It is further ordered that the following material be stricken from this file: Defendant's Emergency Application for Extraordinary Relief Under Rules 21(c), 21(e) and 27 of the Mississippi Rules of Appellate Practice Requesting that this Court Enter an Order Recusing Judge Tomie Green and Vacating Criminal Arrest Warrant Issued by Judge Green, or in the Alternative Staying the Warrant Pending Final Resolution of These Issues by this Court, pp. 4-6, paragraphs 6-8, Exhibit 33; Defendant's Supplemental Emergency Application for Extraordinary Relief Under Rules 21(c), 21(e) and 27 of the Mississippi Rules of Appellate Practice Requesting that this Court Enter an Order Recusing Judge Tomie Green and Vacating Criminal Arrest Warrant Issued by Judge Green, or in the Alternative Staying the Warrant Pending Final Resolution of These Issues by this Court, p. 3, paragraph 2; Response to Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and in the Alternative to Clarify and Specific Request for a Standing Order Recusing Judge Green in all Existing and Future Cases filed by Counsel for Frank Melton, p. 2, sections II and III, pages 3-10, Exhibits 2, 3 and 4. Order entered.

Robert Mitchell Hilliard v. State of Mississippi; Rankin Circuit Court; LC Case #: 19,219; Ruling Date: 10/29/2008; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed pro se by Robert Mitchell Hilliard is dismissed. M.R.A.P. 17(b). Order entered.

Marvin Berry v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-641; Ruling Date: 04/10/2008; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Marvin Berry is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 03/17/2009; Ruling Judge: Billy Bridges; Consolidated with 2009-CT-01442-SCT Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 05/13/2009; Ruling Judge: Billy Bridges; Disposition: Petition for writ of certiorari filed by Robert D. Evans is denied. To Deny: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Chandler, JJ. To Grant: Dickinson, P.J., Randolph and Pierce, JJ. Not Participating: King, J. Order entered.

Gary Allen Glidden v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2007-00528; Ruling Date: 12/18/2008; Ruling Judge: Roger Clark; Disposition: Motion for rehearing filed by Gary Allen Glidden is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.

Lawanda Dillon v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2009-066-LS; Ruling Date: 06/24/2009; Ruling Judge: David Strong, Jr.; Disposition: Petition for writ of certiorari filed by Lawanda Dillon was granted by order of this Court on June 16, 2011. Upon further consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion and pursuant to Rule 17(f) of the Mississippi Rules of Appellate Procedure, the petition for writ of certiorari is dismissed as improvidently granted. To Dismiss: Waller, C.J., Carlson, P.J., Randolph, Lamar and Chandler, JJ. Dickinson, P.J., Objects to the Order with Separate Written Statement joined by Kitchens and Pierce, JJ. Not Participating: King, J. Order entered.

Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 05/13/2009; Ruling Judge: Billy Bridges; Consolidated with 2009-CT-00953-SCT Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 03/17/2009; Ruling Judge: Billy Bridges; Disposition: Petition for writ of certiorari filed by Robert D. Evans is denied. To Deny: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Chandler, JJ. To Grant: Dickinson, P.J., Randolph and Pierce, JJ. Not Participating: King, J. Order entered.

Brenda Burson Perkins v. Star Transportation, Inc. and Loraine W. Clark; Webster Circuit Court; LC Case #: 2007-14-CV-L; Ruling Date: 09/25/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Brenda Burson Perkins is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.

Simpson County, Mississippi v. Don F. McElroy; Simpson Circuit Court; LC Case #: 2005-205; Ruling Date: 08/06/2009; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Don F. McElroy is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J. Order entered.

Michael Shane Richardson v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0184-CR1; Ruling Date: 02/27/2010; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by Michael Shane Richardson is denied.

Willie Ray Lay v. State of Mississippi; Scott Circuit Court; LC Case #: 09-CV-178-SC-G; Ruling Date: 12/28/2009; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Willie Ray Lay is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Jules Corbin v. State of Mississippi; Washington Circuit Court; LC Case #: 2009-0301; Ruling Date: 03/05/2010; Ruling Judge: Betty Sanders; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Chandler, J., would grant.

Secretary of State of the State of Mississippi and City of Ocean Springs, Mississippi v. Clyde H. Gunn, III, D. Neil Harris, Sr. and Vecie Michelle Harris; Hinds Chancery Court 1st District; LC Case #: G2010-40 W/4; Ruling Date: 04/23/2010; Ruling Judge: Patricia Wise; Disposition: Appellees' Motion to Re-Tax Costs on Appeal is granted in part and denied in part. The parties are to split the costs of appeal equally; Appellants and Appellees are hereby each taxed with one half of the costs of appeal. Pierce, J., not participating. Order entered.

Steve Knox, Michelle Byrom, Blayde Grayson, Benny Joe Stevens, Gerald Holland, Jan Michael Brawner, Rodney Gray, Jeffrey Havard, Richard Jordan, Thong Le, Willie Manning, William Mitchell, Stephen Powers, Larry Matthew Puckett, Gary Carl Simmons, and Alan Dale Walker v. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G-2010-799 S/2; Ruling Date: 05/14/2010; Ruling Judge: William Singletary; Disposition: Motion to withdraw as counsel filed by Kathleen T. Cunningham is granted. Order entered.

Dave C. Terry v. Mississippi Division of Medicaid; Hinds Circuit Court 1st District; LC Case #: 251-05-1023-CIV; Ruling Date: 09/04/2008; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Dave C. Terry is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: King, J. Order entered.

In The Matter of the Last Will and Testament and Estate of J. Wesley Cooper, Deceased: Janice C. Cooper v. Carolyn C. Guido; Adams Chancery Court; LC Case #: 2008-585; Ruling Date: 06/30/2010; Ruling Judge: E. Davis; Disposition: Petition for writ of certiorari filed by counsel for Janice C. Cooper is denied. To Deny: All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Leigh Ann Darby; LC Case #: 2010-149; Ruling Date: 08/29/2011; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendation Filed by The Mississippi Commission on Judicial Performance and Leigh Ann Darby is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Leigh Ann Darby; LC Case #: 2010-149; Ruling Date: 08/29/2011; Ruling Judge: H. Clark, II; Majority Opinion: Randolph, J. Disposition: Tate County Youth Court Judge Leigh Ann Darby shall be publicly reprimanded, fined $500, and assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Tate 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 Darby in attendance. Youth Court Judge Leigh Ann Darby taxed with costs. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ., Concur. Lamar and Pierce, JJ., not participating.