12/02/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
XX  2009-KA-00701-SCT

James C. Newell, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0293-CR1; Ruling Date: 02/26/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Lowndes County taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Concurs in Part and in the Result Without Separate Written Opinion. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, P.J. Randolph, J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: Dickinson, J. Votes: Graves, P.J., Joins This Opinion. Randolph, J., Joins in Part.

Derek Brandon Conway v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-235CR; Ruling Date: 10/14/2003; Ruling Judge: Robert Helfrich; Consolidated with 2009-CT-00886-SCT Derek Brandon Conway v. State of Mississippi; Forrest Circuit Court; LC Case #: CI07-0211; Ruling Date: 04/30/2009; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for Derek Brandon Conway 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.

Demarious Latwan Banyard a/k/a Lil Murray a/k/a Mur-Mur v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-460; Ruling Date: 08/07/2006; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellee is denied. Chandler, J., would grant.

Cory Jermine Maye v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2002-0061E; Ruling Date: 11/02/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is vacated. The judgment of the Circuit Court of Jefferson Davis County is Reversed, and this case is remanded to the Trial Court for further proceedings consistent with this opinion. Jefferson Davis County taxed with costs of appeal. Votes: Carlson, P.J., Dickinson and Kitchens, JJ., Concur. Graves, P.J., Specially Concurs With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Lamar, J., Concurs in Result Only. Randolph, J., Dissents With Separate Written Opinion Joined In Part by Pierce, J. Pierce, J., Dissents With Separate Written Opinion Joined in part by Lamar, J. Specially Concurring Opinion: Graves, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Dissenting Opinion: Randolph, J. Votes: Pierce, J., Joins This Opinion in Part. Dissenting Opinion: Pierce, J. Votes: Lamar, J., Joins This Opinion in Part.

Jesse Qualls Stigler, III v. Lisa Elaine Stigler; DeSoto Chancery Court; LC Case #: 94-9-984; Ruling Date: 04/07/2008; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Jesse Qualls Stigler is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Kitchens and Chandler, JJ. To Grant: Dickinson, Lamar and Pierce, JJ. Order entered.

Marvin Terrell King v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-148; Ruling Date: 08/23/2006; Ruling Judge: Margaret Carey-McCray; Disposition: Motion for rehearing filed by Marvin Terrell King is denied.

Gary Lewis v. State of Mississippi; Pike Circuit Court; LC Case #: 08-019-PCT; Ruling Date: 09/25/2008; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed pro se by Gary Lewis is denied. To Deny: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Carlson, P.J. Order entered.

Delta Housing Development Corporation v. Mabel Johnson; Bolivar Chancery Court 2nd District; LC Case #: 97-0290; Ruling Date: 11/21/2008; Ruling Judge: Jon Barnwell; Disposition: Petition for writ of certiorari filed by counsel for Delta Housing Development Corporation is denied. To Deny: All Justices. Order entered.

Joel Sistrunk v. State of Mississippi; Walthall Circuit Court; LC Case #: 2008-04-T; Ruling Date: 10/08/2008; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed by counsel for Joel Sistrunk is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Order entered.

Tonnie L. Thomas v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-0113; Ruling Date: 02/09/2009; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed by Tonnie L. Thomas is denied. Opinion modified at paragraphs 18, 19 and 21. Graves, P.J., Dickinson and Kitchens, JJ., would grant.

Albert Joiner, Jr. v. State of Mississippi; Lafayette Circuit Court; LC Case #: LO8-357; Ruling Date: 01/15/2009; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Albert Joiner, Jr., is granted. To Grant: Waller, C.J., Graves, P.J., Dickinson, Kitchens, Chandler and Pierce, JJ. To Deny: Carlson, P.J., Lamar and Randolph, JJ. Order entered.

Norman Ray Smith v. Masonite Corporation and Lumbermen's Underwriting Alliance; Jones Circuit Court 2nd District; LC Case #: 2008-935-CV7; Ruling Date: 03/05/2009; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Norman R. Smith is denied. To Deny: All Justices. Order entered.

Derek Brandon Conway v. State of Mississippi; Forrest Circuit Court; LC Case #: CI07-0211; Ruling Date: 04/30/2009; Ruling Judge: Robert Helfrich; Consolidated with 2003-CT-02807-SCT Derek Brandon Conway v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-235CR; Ruling Date: 10/14/2003; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for Derek Brandon Conway 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.

Charles Barry v. John R. Reeves; Hinds Circuit Court 1st District; LC Case #: 251-01-000907-CIV; Ruling Date: 02/13/2009; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by John R. Reeves is denied. Graves, P.J., Dickinson and Chandler, JJ., would grant. Waller, C.J., and Pierce, J., not participating.

Jerry Lamar Whitlock v. State of Mississippi; Rankin Circuit Court; LC Case #: 17076; Ruling Date: 07/07/2009; Ruling Judge: Samac Richardson; Disposition: Motion for rehearing filed by counsel for Jerry Lamar Whitlock is denied.

Jerry Lamar Whitlock v. State of Mississippi; Rankin Circuit Court; LC Case #: 17076; Ruling Date: 07/07/2009; Ruling Judge: Samac Richardson; Disposition: Motion for rehearing filed pro se by Jerry Lamar Whitlock is denied.