12/09/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
XX  2009-IA-00495-SCT

Tallahatchie General Hospital, Tallahatchie General Hospital Extended Care Facility and Barbara Criswell v. Susan Edwards Howe and Wayne Edwards, Wrongful Death Beneficiaries of Myrtice Edwards, Deceased; Tallahatchie Circuit Court 1st District; LC Case #: 2008-51-BT1; Ruling Date: 03/05/2009; Ruling Judge: Robert Chamberlin; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Elzie Junior Harrison v. State of Mississippi; Neshoba Circuit Court; LC Case #: 09-CR-0069; Ruling Date: 07/16/2009; Ruling Judge: Vernon Cotten; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I, II and III shall run concurrently for a total of twenty (20) years to serve. Sentence in Count IV shall run consecutively to the sentences in Counts I, II and III. Sentence in Count V shall run consecutively to sentences in Counts I, II, III and IV for a total of sixty (60) years to serve. The Court suspended ten (10) years from the sentence in Count V, leaving a total of fifty (50) years to serve, and which sentence shall be served day-for-day. Votes: Waller, C.J., Carlson, P.J., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Dickinson, J., Concurs in Part and in the Result Without Separate Written Opinion.

Curtis Lernard Sea v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2007-41B(Y2); Ruling Date: 04/20/2009; Ruling Judge: Andrew Baker; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Yalobusha County taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Kitchens and Chandler, JJ., Concur. Randolph, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Lamar and Pierce, JJ. Dissenting Opinion: Randolph, J. Votes: Waller, C.J., Lamar and Pierce, JJ., Join This Opinion.

Thomas Irby v. State of Mississippi; Clarke Circuit Court; LC Case #: 2008-124; Ruling Date: 05/13/2009; Ruling Judge: Robert Bailey; Majority Opinion: Carlson, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Conviction of DUI maiming and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, as a habitual offender, without reduction, suspension, probation, parole or any other type early release or reduction, Affirmed. Appellant shall pay court costs of $368.50, a fine of $1,000.00, pay $1,000.00 AB fee and $3,000.00 restitution for Justin Miller. Clarke County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Marguerite B. Holder and Herbert Holder v. Orange Grove Medical Specialties, P.A., and Boyd Benefield, M.D.; Harrison Circuit Court 1st District; LC Case #: A-2401-06-456; Ruling Date: 07/29/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Carlson, P.J. Disposition: The judgment of the Court of Appeals is reversed. The judgment of the Harrison County Circuit Court is reinstated and affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph and Lamar, JJ., Concur. Pierce, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., and Lamar, J.; Carlson, P.J., Dickinson and Randolph, JJ., Join In Part. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Chandler, J. Specially Concurring Opinion: Pierce, J. Votes: Waller, C.J., and Lamar, J., Join This Opinion. Carlson, P.J., Dickinson and Randolph, JJ., Join This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., and Chandler, J., Join This Opinion.

Community Bank of Mississippi and Raymon McAlpin a/k/a Raymond McAlpin v. Donna Stuckey; Covington Circuit Court; LC Case #: 2006-115C; Ruling Date: 08/06/2008; Ruling Judge: Robert Evans; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is reversed. The judgment of the Covington County Circuit Court is reinstated and affirmed. Appellants taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Chandler, JJ., Concur. Randolph and Pierce, JJ., not participating.

Jane Pecanty v. Mississippi Southern Bank as Merged with State Bank & Trust Company of Cleveland, Mississippi, Mississippi Banking Institutions, Jimmy D. Tarver and Sheila M. Tarver; Warren Chancery Court; LC Case #: 2006-408GN; Ruling Date: 10/30/2008; Ruling Judge: Jane Weathersby; Disposition: Petition for writ of certiorari filed by Jane Pecanty is denied. To Deny: All Justices. Order entered.

Karey Whittington v. State of Mississippi; Pike Circuit Court; LC Case #: 03-267-KA; Ruling Date: 09/17/2004; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by Karey Whittington 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.

Wendy Ryals and Ronald Perry v. Board of Supervisors of Pike County, Mississippi; Pike Circuit Court; LC Case #: 2008-202-PCS; Ruling Date: 08/18/2008; Ruling Judge: David Strong, Jr.; Disposition: Motion for rehearing filed by the Board of Supervisors of Pike County, Mississippi is denied. Carlson, P.J., and Pierce, J., would grant. Randolph, J., not participating.

Wendy Ryals and Ronald Perry v. Board of Supervisors of Pike County, Mississippi; Pike Circuit Court; LC Case #: 2008-202-PCS; Ruling Date: 08/18/2008; Ruling Judge: David Strong, Jr.; Disposition: Motion for rehearing filed by Wendy Ryals and Ronald Perry is denied. Randolph, J., not participating.

Lincoln Electric Company and The ESAB Group, Inc. v. Stanley McLemore; Copiah Circuit Court; LC Case #: 2005-0378; Ruling Date: 11/26/2008; Ruling Judge: Lamar Pickard; Disposition: Motion to strike and alternative motion for leave to file response brief and the combined motion for leave to respond to plaintiff-appellee's letter of October 19, 2010 and proposed response are denied. Order entered.

Lincoln Electric Company and The ESAB Group, Inc. v. Stanley McLemore; Copiah Circuit Court; LC Case #: 2005-0378; Ruling Date: 11/26/2008; Ruling Judge: Lamar Pickard; Majority Opinion: Chandler, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Joseph Davis, Jr. v. Nationwide Recovery Service, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00192; Ruling Date: 03/03/2009; Ruling Judge: Lisa Dodson; Disposition: Motion for rehearing filed pro se by Joseph Davis, Jr., is denied.

Rebelwood Apartments RP, LP, Rebelwood Apartments TC, L.P., Interstate Realty Management Company, Aries Protection Agency and Stephan Milton Stafford v. Dwight English, Guardian of Deonte Deon English, Dwight English on Behalf of Deonte Deon English, Individually and on Behalf of All Wrongful Death Beneficiaries of Crystal Coleman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-08-45CIV; Ruling Date: 01/30/2009; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Kitchens and Chandler, JJ., would grant. Waller, C.J., not participating.

Randy Davis v. Patricia Walters; Tallahatchie Circuit Court 1st District; LC Case #: CV-2006-1-BT1; Ruling Date: 05/22/2008; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed by Randy Davis is granted. To Grant: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ. To Deny: Graves, P.J., Dickinson, Kitchens and Chandler, JJ. Not Participating: Lamar, J. Order entered.

Thomas Irby v. State of Mississippi; Clarke Circuit Court; LC Case #: 2008-124; Ruling Date: 05/13/2009; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by Thomas Irby is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Affirmed. See opinion handed down this date.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Eddie Lee Howard's request for post-conviction DNA testing and motion for post-conviction relief is granted in part and dismissed without prejudice in part. Howard's request for DNA testing is granted. This matter is remanded to the Circuit Court of Lowndes County to proceed as herein directed. All other issues raised by Howard, including his claims of newly discovered evidence are hereby dismissed without prejudice to be refiled with the DNA test results. This order shall be published. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition). Order entered.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Eddie Lee Howard's request for post-conviction DNA testing and motion for post-conviction relief is granted in part and dismissed without prejudice in part. Howard's request for DNA testing is granted. This matter is remanded to the Circuit Court of Lowndes County to proceed as herein directed. All other issues raised by Howard, including his claims of newly discovered evidence are hereby dismissed without prejudice to be refiled with the DNA test results. This order shall be published. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition). Order entered.

McComb Housing Authority v. Doris Allen Shed and Husband, Eddie Shed; Pike Circuit Court; LC Case #: 2009-163-PCS; Ruling Date: 07/01/2010; Ruling Judge: David Strong, Jr.; Disposition: Petition for interlocutory appeal filed by McComb Housing Authority is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson, J. Not participating: Kitchens, J. Order entered.