12/17/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2008-KA-01077-SCT

Joey Dante Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 07-CR-047-LE-C; Ruling Date: 05/14/2008; Ruling Judge: Vernon Cotten; Majority Opinion: Lamar, J. Disposition: Conviction of three (3) counts of armed robbery and sentence of forty-one (41) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall not be reduced or suspended, nor shall said appellant be eligible for parole or probation. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Terry's Enterprises, Inc. and Barry Terry, Jr. v. Susie P. Cavin, Individually, et al.; Washington Circuit Court; LC Case #: CI2006-237; Ruling Date: 03/11/2008; Ruling Judge: W. Hines; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Diane M. Gartrell, Lisa LeAnn Gartrell Aversrush and Jodey Jon Gartrell v. M. Kay Gartrell a/k/a Kay Gartrell Kirschner, Executrix of the Estate of Dorothy Bryan Gartrell; DeSoto Chancery Court; LC Case #: 03-01-0164; Ruling Date: 08/12/2008; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2008-CA-01495-SCT Estate of Dorothy Bryan Gartrell, Deceased, Diane M. Gartrell, Jodey Jon Gartrell and Lisa LeAnn Gartrell Aversrush v. M. Kay Gartrell a/k/a Kay Gartrell Kirschner; DeSoto Chancery Court; LC Case #: 03-01-0164(ML); Ruling Date: 08/12/2008; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Carlson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Lamar, J., not participating.

Chester Smith, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2007-0211CD; Ruling Date: 09/20/2007; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Chester Smith is denied. To Deny: Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Waller, C.J., Graves, P.J., and Kitchens, J. Not Participating: Chandler, J. Order entered.

Rita M. Higginbotham, Individually and as Mother and Personal Representative of the Wrongful Death Beneficiaries of Heather Dawn Higginbotham, Deceased v. Lehman-Roberts Company; Tunica Circuit Court; LC Case #: 2002-0204; Ruling Date: 11/28/2007; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by counsel for Rita M. Higginbotham is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Randolph, J. Order entered.

Robert H. Jackson v. State of Mississippi; Warren Circuit Court; LC Case #: 07,02231CI; Ruling Date: 12/04/2007; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed pro se by Robert H. Jackson is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Deny: Randolph and Kitchens, JJ. Order entered.

Jamie C. Bolden v. State of Mississippi; Benton Circuit Court; LC Case #: BK2005-024; Ruling Date: 08/17/2007; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Jamie Bolden is denied. To Deny: All Justices. Order entered.

Mark Andrew West, Sr. v. April Saylors West; DeSoto Chancery Court; LC Case #: 05-06-093(VC); Ruling Date: 01/04/2008; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed by counsel for Mark Andrew West, Sr., is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. Not Participating: Kitchens, J. Order entered.

Glen D. Jackson v. Charles Carter, Individually and in His Capacity as a Registered Forester and d/b/a Mid-South Forestry, Mid-South Forestry, Inc. and Richard Chism d/b/a Chism Logging; Union Circuit Court; LC Case #: U-2007-174; Ruling Date: 02/05/2008; Ruling Judge: Robert Elliott; Disposition: Petition for writ of certiorari filed by Glen D. Jackson is denied. To Deny: All Justices. Order entered.

Muriel Penny v. State of Mississippi; Tate Circuit Court; LC Case #: CV2007-049IBT; Ruling Date: 03/11/2008; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Muriel Penny is denied. To Deny: All Justices. Order entered.

Jay F. Swindle, Sr. and Community Bank, Ellisville, Mississippi v. William T. Harvey and Ellen Tanner Harvey; Covington Circuit Court; LC Case #: 2007-64C; Ruling Date: 03/18/2008; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by William T. Harvey and Ellen Tanner Harvey is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Grant: Randolph and Kitchens, JJ. Order entered.

Public Employees' Retirement System v. Albert "Butch" Lee; Hinds Circuit Court 1st District; LC Case #: 251-06-420CIV; Ruling Date: 01/16/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Albert "Butch" Lee is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Order entered.

Walter Conlee v. State of Mississippi; Rankin Circuit Court; LC Case #: 2008-24; Ruling Date: 05/23/2008; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed pro se by Walter Conlee is denied. To Deny: All Justices. Order entered.

Johnnie Swans v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2008-CI17; Ruling Date: 07/24/2008; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed pro se by Johnnie Swans is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Waller, C.J. Order entered.

Illinois Central Railroad Company d/b/a Canadian National/Illinois Central v. Luther McLain; Hinds Circuit Court 1st District; LC Case #: 251-04-925CIV; Ruling Date: 08/31/2009; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Interlocutory Appeal filed by Illinois Central Railroad Company is denied. To Deny: All Justices. Order entered.