01/06/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2009-CA-01471-SCT

Loggers, L.L.C., A Mississippi Limited Liability Company and Gary Troescher, Individually v. 1 Up Technologies, L.L.C., A Louisiana Limited Liability Company; Pearl River Circuit Court; LC Case #: 2007-0483-P; Ruling Date: 07/31/2009; Ruling Judge: R. Prichard, III; Majority Opinion: Graves, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Concurs in Result Only Without Separate Written Opinion. Dickinson and Lamar, JJ., Concur in Part and in Result Without Separate Written Opinion.

William P. Knight, II v. Eric Woodfield; Harrison County Court 1st District; LC Case #: D2401-08-69; Ruling Date: 08/10/2009; Ruling Judge: Robin Midcalf; Majority Opinion: Carlson, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Graves, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Chandler, J. Dissenting Opinion: Waller, C.J. Votes: Chandler, J., Join This Opinion.

Emerson Osborne a/k/a Emmerson Osborne v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-028-CR2; Ruling Date: 11/07/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, C.J. Disposition: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. Bolivar County taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Dickinson, J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., and Dickinson, J., Join This Opinion.

Bedford Health Properties, LLC, Bedford Care Center of Hattiesburg, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Park Management Corp., Michael McElroy, Jr. and Robert Perry v. The Estate of Theodore Davis, by and through Patricia Davis, Individually and as Personal Representative of the Estate of Theodore Davis, and on behalf of and for the use and benefit of the wrongful death beneficiaries of Theodore Davis; Forrest Circuit Court; LC Case #: CI04-02222; Ruling Date: 04/26/2007; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for Petitioners/Appellants is dismissed. To Dismiss: All Justices. Order entered.

Betty Weems v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2005-0061(CM)(S); Ruling Date: 10/16/2006; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Betty Weems is granted. To Grant: Carlson and Graves, P.JJ., Kitchens and Chandler, JJ. To Deny: Waller, C.J., Dickinson, Randolph, Lamar and Pierce, JJ. Order entered.

Virgil N. Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 07-0-017CR; Ruling Date: 03/13/2008; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Virgil N. Johnson is granted. To Grant: Graves, P.J., Dickinson, Lamar, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ. Order entered.

Eric Moffett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-245; Ruling Date: 02/26/2006; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by Eric Moffett is denied.

Dexter Lipsey a/k/a Derrick Dwayne Lipsey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-175(1,2,3&4); Ruling Date: 09/06/2007; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Dexter Lipsey is denied. To Deny: All Justices. Order entered.

Johnny McInnis v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2008-102-KR2; Ruling Date: 08/25/2008; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by counsel for Johnny McInnis is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Chandler, JJ. To Deny: Randolph and Pierce, JJ. Order entered.

Michael K. Johnson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0020; Ruling Date: 11/05/2008; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Michael K. Johnson is denied. To Deny: All Justices. Order entered.

Richard Becker a/k/a Richard Edward Becker v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-08-186; Ruling Date: 02/17/2009; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed pro se by Richard Becker is denied. To Deny: All Justices. Order entered.

JaDonna Pearson v. Lighthouse Point Casino and Federal Insurance Company; Washington Circuit Court; LC Case #: 2008-0235-CI; Ruling Date: 05/12/2009; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by JaDonna Pearson is denied. To Deny: All Justices. Order entered.

Joe Gregory Stewart v. The Mississippi Bar; LC Case #: 2004-BD-455-S; Ruling Date: 09/02/2004; Disposition: Appellee's motion for costs and expenses is dismissed as moot. Order entered.

Joe Gregory Stewart v. The Mississippi Bar; LC Case #: 2004-BD-455-S; Ruling Date: 09/02/2004; Disposition: Petition of Joe Gregory Stewart for reinstatement to the Mississippi Bar is denied. See opinion of this Court handed down this date. Dickinson and Kitchens, JJ., would grant.

Joe Gregory Stewart v. The Mississippi Bar; LC Case #: 2004-BD-455-S; Ruling Date: 09/02/2004; Disposition: Appellant's motion for appointment of a master or tribunal to conduct a hearing is denied. Order entered.

Joe Gregory Stewart v. The Mississippi Bar; LC Case #: 2004-BD-455-S; Ruling Date: 09/02/2004; Majority Opinion: Waller, C.J. Disposition: Petition of Joe Gregory Stewart for reinstatement to the Mississippi Bar is denied. Joe Gregory Stewart taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Dickinson, J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Dickinson, J. Votes: Kitchens, J., Joins This Opinion.

John Fletcher, John McConnon and Tom Leader v. Diamondhead Incorporators; Hancock Chancery Court; LC Case #: C2301-08-618(4); Ruling Date: 01/07/2010; Ruling Judge: Billy Bridges; Disposition: On the Court's own motion, on or before December 31, 2010, William M. Kulick, David Neil McCarty, Chuck McRae, Oliver E. Diaz, Jr., and Will Bardwell, shall each file with the clerk of this Court, a memorandum setting forth: (1) all facts and circumstances which explain why appellants and their counsel failed to comply with M.R.A.P. 10(b)(5) in all respects, including the timely transmittal of the record to counsel for appellees for review and the certification required by the rule; and (2) the names of counsel responsible for such failure; and (3) such cause as may exist as to why counsel responsible for the failure should not be sanctioned. Graves, P.J., and Pierce, J., not participating. Order entered.