12/15/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2010-CA-00109-SCT

Michael Robichaux, as the personal representative of Mary Robichaux, deceased, and Michael Robichaux, Individually v. Nationwide Mutual Fire Insurance Company and Jay Fletcher Insurance; Jackson Circuit Court; LC Case #: 2006-00,303(1); Ruling Date: 09/30/2009; Ruling Judge: Billy Bridges; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part, Reversed in Part and Remanded. Nationwide Mutual Fire Insurance Company taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur.

Ladennis Graham v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2007-83-CV7; Ruling Date: 08/20/2007; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Deny: Kitchens and Chandler, JJ. Not Participating: King, J. Order entered.

David Trejo v. State of Mississippi; Madison Circuit Court; LC Case #: 2006-0210-R; Ruling Date: 12/12/2008; Ruling Judge: Samac Richardson; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Circuit Court of Madison County is Reversed and Rendered. Madison County taxed with costs of appeal. Votes: Waller, C.J., and Carlson, P.J., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Dickinson, P.J.; Dickinson, P.J., Concurs in Part and in Result Without Separate Written Opinion. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Pierce, J. Chandler and King, JJ., not participating. Concur in Result Only Opinion: Kitchens, J. Votes: Dickinson, P.J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Pierce, J., Joins This Opinion.

Dante Lamar Evans v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2008-027; Ruling Date: 03/12/2009; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by Dante Lamar Evans is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Bobbie Sue Kimbrough v. Robert Earl Kimbrough; Lee Chancery Court; LC Case #: 07-1034-41-H; Ruling Date: 05/01/2009; Ruling Judge: John Hatcher; Disposition: Petition for writ of certiorari filed by Bobbie Sue Kimbrough is denied. To Deny: All Justices. Order entered.

Elizabeth Martin v. St. Dominic-Jackson Memorial Hospital; Hinds Circuit Court 1st District; LC Case #: 251-06-1261CIV; Ruling Date: 05/14/2009; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by St. Dominic-Jackson Memorial Hospital is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Deny: Lamar and Kitchens, JJ. Not Participating: Chandler and King, JJ. Order entered.

In The Matter of The Estate of Bobbye N. Brill, Deceased and Annie Hobson Nichols, Deceased: Frank Nichols v. Shirlee N. Phillips and Kathryn Kennington; Hinds Chancery Court 1st District; LC Case #: P2004-354 R/1; Ruling Date: 11/16/2009; Ruling Judge: Patricia Wise; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Bobby Earl Wilson, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 07,0155-CI; Ruling Date: 11/10/2009; Ruling Judge: M. Chaney, Jr.; Disposition: Petition for writ of certiorari filed pro se by Bobby Earl Wilson, Jr., 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.

Barrett B. Daly v. The Mississippi Bar; Disposition: It is therefore ordered that Motion for Expedited Consideration of Motion 2011-2623, Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement is granted. It is further ordered that the Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement, the Supplemental and Amended Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement, and the Second Supplemental and Amended Motion for Unconditional Reinstatement Following Satisfaction of Conditions Imposed by Conditional Reinstatement are granted. It is further ordered that Barrett B. Daly be reinstated to the practice of law. It is further ordered that Barrett B. Daly's name be restored to the Bar Roll of this Court. Order entered.

Andrew Matthies a/k/a Andrew K. Matthies v. State of Mississippi; Madison Circuit Court; LC Case #: 2009-0439-C; Ruling Date: 01/19/2010; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Andrew Matthies is granted. To Grant: All Justices. Order entered.

City of Cleveland, Mississippi v. Mid-South Associates, LLC; DeSoto Chancery Court; LC Case #: 07-10-1952; Ruling Date: 04/27/2010; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by the City of Cleveland is granted. To Grant: Carlson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., Dickinson, P.J., Randolph and Lamar, JJ. Order entered.

Jerry Tyrone Parker v. State of Mississippi; Rankin Circuit Court; LC Case #: 20,257; Ruling Date: 10/21/2010; Ruling Judge: Samac Richardson; Disposition: Motion for writ of certiorari filed pro se by Jerry Tyrone Parker is dismissed. M.R.A.P. 17(b). Order entered.

Pamela Lynn Lawson v. Honeywell International, Inc. f/k/a Allied Signal, Inc.; Wayne Circuit Court; LC Case #: CV-2009-81-W; Ruling Date: 11/16/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: Motion for rehearing filed by Honeywell International, Inc., is denied.

Sixty-nine Thousand Nine Hundred Seventy-five Dollars ($69,975.00) in United States Currency and Six Thousand Three Hundred Fifteen Dollars ($6,315.00) in United States Currency v. State of Mississippi, Ex Rel. and Rankin County Sheriff's Department; Rankin County Court; LC Case #: 2006-921; Ruling Date: 02/22/2011; Ruling Judge: Kent McDaniel; Majority Opinion: Randolph, J. Disposition: The interlocutory appeal currently pending before this Court in case No. 2011-IA-00280 shall be consolidated with case No. 2011-TS-00831-SCT. The consolidated cases shall be remanded to the Circuit Court of Rankin County for consideration of all issues. See order in case No. 2011-TS-00831-SCT handed down this date. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Mississippi Commission on Judicial Performance v. Albert B. Smith, III; LC Case #: 2009-109/146/195; Ruling Date: 02/24/2011; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations Filed by the Mississippi Commission on Judicial Performance and Judge Albert B. Smith, III, is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Albert B. Smith, III; LC Case #: 2009-109/146/195; Ruling Date: 02/24/2011; Ruling Judge: H. Clark, II; Majority Opinion: Dickinson, P.J. Disposition: Tunica County Circuit Court Judge Albert B. Smith, III, shall be publicly reprimanded, pay a $1,000 fine, and be assessed costs of $100. The public reprimand shall be read in open court by the presiding judge of the Tunica 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 Smith in attendance. Circuit Court Judge Albert B. Smith, III taxed with costs. Votes: Waller, C.J., and Pierce, J., Concur. Carlson, P.J., Concurs in Part and in Result With Separate Written Opinion Joined by King, J.; Randolph and Kitchens, JJ., Join This Opinion In Part. Randolph, J., Concurs in Part and in Result With Separate Written Opinion Joined by Lamar, J.; Kitchens and Chandler, JJ., Join This Opinion In Part. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler, J.; Carlson, P.J., Joins This Opinion In Part. Concurring in Part and in Result Opinion: Carlson, P.J. Votes: King, J., Joins This Opinion. Randolph and Kitchens, JJ., Join This Opinion in Part. Concurring in Part and in Result Opinion: Randolph, J. Votes: Lamar, J., Joins This Opinion. Kitchens and Chandler, JJ., Join This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion. Carlson, P.J., Joins This Opinion in Part.

Paul Ricks v. State of Mississippi; Rankin County Court; LC Case #: 2006-921; Ruling Date: 04/27/2011; Ruling Judge: Kent McDaniel; Disposition: The Motion to Dismiss Appeal filed by the State of Mississippi is denied. The interlocutory appeal currently pending before this court in case No. 2011-IA-00280 shall be consolidated with the instant case. The consolidated cases shall be remanded to the Circuit Court of Rankin County for consideration of all issues. Rankin County taxed with costs of appeal. Agreed: All Justices. Randolph, J., for the Court. Order entered.

Paul Ricks v. State of Mississippi; Rankin County Court; LC Case #: 2006-921; Ruling Date: 04/27/2011; Ruling Judge: Kent McDaniel; Disposition: The Motion to Dismiss Appeal filed by the State of Mississippi is denied. The interlocutory appeal currently pending before this court in case No. 2011-IA-00280 shall be consolidated with the instant case. The consolidated cases shall be remanded to the Circuit Court of Rankin County for consideration of all issues. Rankin County taxed with costs of appeal. Agreed: All Justices. Randolph, J., for the Court. Order entered.

Paul Ricks v. State of Mississippi; Rankin County Court; LC Case #: 2006-921; Ruling Date: 04/27/2011; Ruling Judge: Kent McDaniel; Disposition: The Motion to Dismiss Appeal filed by the State of Mississippi is denied. The interlocutory appeal currently pending before this court in case No. 2011-IA-00280 shall be consolidated with the instant case. The consolidated cases shall be remanded to the Circuit Court of Rankin County for consideration of all issues. Rankin County taxed with costs of appeal. Agreed: All Justices. Randolph, J., for the Court. Order entered.

Robert Manning v. State of Mississippi; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Disposition: Application for Leave to File Petition for Post-Conviction Collateral Relief is dismissed as procedurally barred. Any further frivolous filings may subject Manning to sanctions, pursuant to Rule 22(a) of the Mississippi Rules of Appellate Procedure. To Dismiss: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson, P.J. Order entered.