05/16/2013 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
XX  2010-DP-00510-SCT

Bobby Batiste a/k/a Bobby L. Batiste a/k/a Bobby L. Batiste, Jr. a/k/a Bobby Lionel Batiste, Jr. a/k/a Bobby Lionel Batiste v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2008-0149-CR; Ruling Date: 10/31/2009; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Chandler, J. Disposition: Conviction of capital murder and sentence of death by lethal injection, Affirmed. Oktibbeha County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and King, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Erika L. Felter v. Floorserv, Inc., The Employers' Fire Insurance Company, and One Beacon Insurance; Adams Circuit Court; LC Case #: 09-KV-0082-S; Ruling Date: 09/28/2010; Ruling Judge: Lillie Sanders; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Pierce and King, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., Lamar and Chandler, JJ. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Lamar and Chandler, JJ., Join This Opinion.

Dondrego Bolton v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2010-0612; Ruling Date: 12/01/2010; Ruling Judge: W. Yerger; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Talib Ammer Hannah a/k/a Talib Hannah a/k/a Talib A. Hannah a/k/a Kane v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0086; Ruling Date: 02/17/2011; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by Appellee is denied.

Kevin G. Clark v. William E. Knesal d/b/a Bill Knesal, Contractor and David Leva d/b/a David Leva Stucco; Harrison Circuit Court 2nd District; LC Case #: A2402-1996-192; Ruling Date: 07/11/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

St. Dominic - Jackson Memorial Hospital and Cox Law Group, PLLC v. Madison Ambulatory Surgery Center, LLC, Progressive Family Services Corporation, L.C. Tennin, Jr., M.D. and Madison HMA, LLC; Madison Chancery Court; LC Case #: 2008-972; Ruling Date: 09/09/2011; Ruling Judge: Cynthia Brewer; Disposition: Motion to Dismiss Appeal filed by Appellants is granted. This appeal is dismissed with prejudice. All costs associated with this appeal have been paid. Kitchens, J., for the Court. Order entered.

Rickey Wilkerson and Phenix Transportation, Inc. v. Ronnie Goss and Pamela Goss; Smith Chancery Court; LC Case #: 2010-122PI; Ruling Date: 10/21/2011; Ruling Judge: David Shoemake; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Chandler, Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

In Re: Ray Charles Spivey; Scott Circuit Court; Ruling Judge: Marcus Gordon; Disposition: Motion for Reconsideration/Rehearing filed by Ray Charles Spivey is granted. All language in the "Order Dismissing and Preventing the Acceptance of Further Filings" enjoining Spivey from filing, or the Scott County Circuit Clerk's Office from accepting, further filings in cause no. 08-CV-018-SC-C shall be stricken. To Grant: Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. Randolph, P.J., Objects to the Order With Separate Written Statement Joined by Waller, C.J., Lamar and Pierce, JJ. Order entered.