01/04/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2005-IA-01703-SCT

Penn National Gaming, Inc. v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01704-SCT BSL, Inc. d/b/a Casino Magic Bay St. Louis and Danny McManus v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents Without Separate Written Opinion. Graves, J., not participating.

Andrew Brown v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2002-94; Ruling Date: 01/21/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Count I: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Possession of a Firearm by a Convicted Felon and Sentence of Three (3) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively. Claiborne County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Anthony Rowlett v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR97-247; Ruling Date: 05/12/1999; Ruling Judge: R. Coleman; Disposition: Petition for writ of certiorari filed pro se by Anthony Rowlett is dismissed. M.R.A.P. 17(b). Order entered.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Petition for Extraordinary Relief or Motion to Allow Petitioner to Undergo a Competent Evaluation and to Stay Post-Conviction Proceedings to Allow Same filed by counsel for Edwin Hart Turner is denied. Diaz and Graves, JJ., would grant. Order entered.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Pro Se Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Application for Leave to File Motion to Vacate Conviction and Death Sentence filed by counsel for petitioner is denied. See Opinion of this Court handed down this date.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Majority Opinion: Randolph, J. Disposition: The Petition for Post-Conviction Relief and the Pro Se Petition for Post-Conviction Relief are denied. Carroll County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ., Concur.

Clifton D. Majors a/k/a Cliff v. State of Mississippi; Marion Circuit Court; LC Case #: 2004-0005PC; Ruling Date: 02/11/2004; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Clifton D. Majors is denied. To Deny: All Justices. Order entered.

Lenzy Louis Hodgin v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0015-K; Ruling Date: 06/30/2004; Ruling Judge: Richard Smith; Disposition: Motion to Reconsider Reinstating Appeal filed by appellant is granted. This appeal shall be reinstated upon entry of this order. The Clerk of this Court is directed to file the brief submitted with the motion. The mandate is recalled upon entry of this order. The Appellee's brief is due February 5, 2007. Easley, J., would deny. Order entered.

Tyler Edmonds v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0132-CR; Ruling Date: 07/24/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Randolph, JJ., Concur. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Waller, P.J., and Carlson, J.; Smith, C.J., Cobb, P.J., and Easley, J., Join in Part. Easley, J., Dissents with Separate Written Opinion. Diaz, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Graves, J.; Cobb, P.J. Joins In Part. Dickinson, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Waller, P.J., and Carlson, J., Join This Opinion. Smith, C.J., Cobb, P.J., and Easley, J., Join This Opinion in Part. Dissenting Opinion: Easley, J. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion. Cobb, P.J., Joins This Opinion in Part.

Ladonna King and David Earl King v. Ruth King; Walthall Chancery Court; LC Case #: 2004-0072; Ruling Date: 09/29/2004; Ruling Judge: Hollis McGehee; Disposition: Petition for writ of certiorari filed by counsel for Ladonna King and David Earl King is denied. To Deny: All Justices. Order entered.

Jordan Kyle Smith, a Minor, by and through His Natural Mother and Next Friend, Stephanie Smith v. Gilmore Memorial Hospital, Inc. and Gilmore Health Systems, Inc.; Monroe Circuit Court; LC Case #: CV02-504-PF-M; Ruling Date: 01/19/2005; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by counsel for Gilmore Memorial Hospital, Inc., and Gilmore Health Systems, Inc. is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Diaz, Easley and Graves, JJ. Order entered.

Kenneth Campbell Bailey v. Melissa A. (Bailey) Fischer; Harrison Chancery Court 1st District; LC Case #: 91,984; Ruling Date: 02/04/2005; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by counsel for Kenneth Bailey is denied. To Deny: All Justices. Order entered.

Darrell Dominique Smith v. State of Mississippi; Lincoln Circuit Court; LC Case #: 04-239MS; Ruling Date: 02/17/2005; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed pro se by Darrell Dominique Smith is denied. To Deny: All Justices. Order entered.

Isaac Jewell, II v. State of Mississippi; Lee Circuit Court; LC Case #: CV05-019(A)(L); Ruling Date: 03/07/2005; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Order entered.

Azki Shah v. The Mississippi Bar; LC Case #: 2004B1499; Ruling Date: 03/07/2005; Majority Opinion: Randolph, J. Disposition: Azki Shah is suspended from the practice of law for three (3) years. Upon completion of this suspension, and preceding his application for reinstatement pursuant to M.R.D. 12.2, Shah shall be required to take and pass the Multi-State Professional Responsibility Exam, consistent with the guidelines set forth in M.R.D. 12.5. Shah shall pay all costs of these proceedings. Azki Shah taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz and Dickinson, JJ., Concur. Easley, J., Dissents with Separate Written Opinion Joined by Graves, J. Carlson, J., not participating. Dissenting Opinion: Easley, J. Votes: Graves, J., Joins This Opinion.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-054(B); Ruling Date: 05/19/2005; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed pro se by Larry Wayne McKenzie is denied. To Deny: All Justices. Order entered.

R.K. v. J.K.; Hinds Chancery Court 1st District; LC Case #: G2001-1980 0/3; Ruling Date: 06/24/2005; Ruling Judge: Denise Owens; Consolidated with 2006-CA-00411-SCT R.K. v. J.K.; Hinds Chancery Court 1st District; LC Case #: G2001-1980 0/3; Ruling Date: 02/27/2006; Ruling Judge: Denise Owens; Majority Opinion: Smith, C.J. Disposition: On Direct Appeal : Affirmed in Part; Reversed and Remanded in Part. On Cross Appeal: Affirmed. Appellant and appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Carlson, JJ., not participating.

Piney Woods Country Life School, Legion Insurance Company (in liquidation) and Mississippi Insurance Guaranty Association (as successor in interest) v. Judy Ann Young; Rankin Circuit Court; LC Case #: 2005-142(C); Ruling Date: 09/09/2005; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Piney Woods Country Life School is denied. To Deny: All Justices. Order entered.

City of Cherokee, Alabama; City of Cherokee Police Chief Paul Norman and Paul Norman, Individually; City of Cherokee Police Officer Jerry McClurg and Jerry McClurg, Individually; Colbert County, Alabama; Colbert County Sheriff Ronnie May and Ronnie May, Individually; and Colbert County Deputy Bill Mays and Bill Mays, Individually v. Dennis Ray Parsons, et al.; Alcorn Circuit Court; LC Case #: CV-03-012F-A; Ruling Date: 10/17/2005; Ruling Judge: Paul Funderburk; Disposition: Motion for rehearing filed by appellants is denied. Dickinson, J., would grant. Easley, J., not participating.

Ansley Ragan Hegwood v. Mindy Dawn Williamson; Hinds Circuit Court 1st District; LC Case #: 251-04-1136CIV; Ruling Date: 11/02/2005; Ruling Judge: Winston Kidd; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Dissent Without Separate Written Opinion.

George Paz and Joseph P. Harris, et al. v. Brush Engineered Materials, Brush Wellman, Inc., Wess-Del, Inc. and The Boeing Company; LC Case #: 05-60157; Ruling Date: 04/07/2006; Majority Opinion: Smith, C.J. Disposition: Certified Question Answered. Appellants and appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Diaz, Easley and Graves, JJ., Dissent Without Separate Written Opinion. Randolph, J., not participating.

Entergy Mississippi, Inc. v. Dillard & Company, Inc. and John T. Dillard; Washington Circuit Court; LC Case #: CI 2006-2; Ruling Date: 08/10/2006; Ruling Judge: W. Hines; Disposition: Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal filed by counsel for Entergy Mississippi, Inc., is granted. Petition for Interlocutory Appeal filed by Entergy Mississippi, Inc., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. Motion of Petitioner for Stay filed by Entergy Mississippi, Inc., is granted. All proceedings in cause number CI 2006-2, Circuit Court of Washington County, Mississippi, are stayed pending the decision on the interlocutory appeal. Waller, P.J., Diaz and Easley, JJ., would deny. Graves, J., not participating. Order entered.

Entergy Mississippi, Inc. v. Dillard & Company, Inc. and John T. Dillard; Washington Circuit Court; LC Case #: CI 2006-2; Ruling Date: 08/10/2006; Ruling Judge: W. Hines; Disposition: Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal filed by counsel for Entergy Mississippi, Inc., is granted. Petition for Interlocutory Appeal filed by Entergy Mississippi, Inc., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. Motion of Petitioner for Stay filed by Entergy Mississippi, Inc., is granted. All proceedings in cause number CI 2006-2, Circuit Court of Washington County, Mississippi, are stayed pending the decision on the interlocutory appeal. Waller, P.J., Diaz and Easley, JJ., would deny. Graves, J., not participating. Order entered.

Tommye Maddox Working v. Jim Hood, Attorney General for the State of Mississippi, ex rel., State of Mississippi, Maddox Foundation, a Mississippi Non-Profit Corporation and Robin G. Costa, as a Director and President of the Maddox Foundation; DeSoto Chancery Court; LC Case #: 04-11-1876; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for Review of Order Denying Motion to Recuse and Request for Stay Pending Appeal filed by petitioner is granted as to the request for recusal of Judge Percy L. Lynchard, Jr. Judge Lynchard is ordered to recuse from further participation in cause no. 04-11-1876, DeSoto County Chancery Court. Easley, J., would deny petition for recusal. Graves, J., not participating. Order entered.