01/17/2008 - Hand Down and published opinions in WordPerfect/ZIP format

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  2002-DP-00282-SCT

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Consolidated with 2006-CA-00432-SCT Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: 03-090(G)1; Ruling Date: 02/15/2006; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied.

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 for rehearing filed pro se by appellant is denied.

Kenneth Brown v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-228; Ruling Date: 12/10/2004; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., and Graves, J. Order entered.

John Mickalowski and Jamie Mickalowski v. American Flooring, Inc. and Jim Chrestman; Lee Circuit Court; LC Case #: CV01-286(B)L; Ruling Date: 08/25/2005; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by counsel for John Mickalowski and Jamie Mickalowski is denied. To Deny: All Justices. Order entered.

Steve Windham, James E. Smith and Chad L. Garvin v. LATCO of Mississippi, Inc. and Fabral, Inc.; Scott Circuit Court; LC Case #: 2004-CV-190-SC-G; Ruling Date: 09/30/2005; Ruling Judge: V. Cotten; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

C.A.M.F. v. J.B.M.; DeSoto Chancery Court; LC Case #: 03-09-1579(PL); Ruling Date: 10/12/2005; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by C.A.M.F. is denied. To Deny: All Justices. Order entered.

James Walter Parchman v. Amwood Products, Inc. and Mississippi Manufacturers' Association Workers' Compensation Trust; Monroe Circuit Court; LC Case #: CV05-362(A)M; Ruling Date: 12/15/2005; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by James Walter Parchman is granted. To Grant: Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny: Smith, C.J., and Easley, J. Order entered.

John A. Williams v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR05-121(A)I; Ruling Date: 02/03/2006; Ruling Judge: Sharion Aycock; Disposition: Motion for rehearing filed by appellant is denied.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: 03-090(G)1; Ruling Date: 02/15/2006; Ruling Judge: Thomas Gardner, III; Consolidated with 2002-DP-00282-SCT Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied.

University of Mississippi Medical Center v. Earquella Ward; Hinds Circuit Court 1st District; LC Case #: 251-03-23CIV; Ruling Date: 04/25/2006; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellant is denied.

University of Mississippi Medical Center v. Earquella Ward; Hinds Circuit Court 1st District; LC Case #: 251-03-23CIV; Ruling Date: 04/25/2006; Ruling Judge: Tomie Green; Disposition: UMMC's Motion Requesting Permission to Submit Reply to Plaintiff's Response to Motion for Rehearing is denied. Order entered.

In Re Application of Earl Stephen Dean: Earl Stephen Dean v. Mississippi Board of Bar Admissions; Hinds Chancery Court 1st District; LC Case #: G2005-2040 O/3; Ruling Date: 08/23/2006; Ruling Judge: Denise Owens; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., not participating.

Gilberto Hilario Chim v. State of Mississippi; Scott Circuit Court; LC Case #: 06-CR-044-SC-G; Ruling Date: 10/12/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Graves, J. Disposition: Count l: Conviction of statutory rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of sexual battery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutive to the life sentence imposed in Count l. Upon serving ten (10) years of said twenty (20) year sentence for sexual battery, ten (10) years of said sentence are suspended with Chim placed on post conviction release supervision for a period of ten (10) years. Scott County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Judy Sumner v. City of Como Democratic Executive Committee and Mayor Azria Lewers; Panola Circuit Court 1st District; LC Case #: CV 2005-73BP; Ruling Date: 11/02/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Smith, C.J., not participating.

Mississippi Commission on Judicial Performance v. Rickey W. Thompson; LC Case #: 2006-114; Ruling Date: 08/23/2007; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted. See Opinion of this Court handed down this date. Diaz, P.J., not participating.

Mississippi Commission on Judicial Performance v. Rickey W. Thompson; LC Case #: 2006-114; Ruling Date: 08/23/2007; Ruling Judge: Patricia Wise; Majority Opinion: Carlson, J. Disposition: Lee County Justice Court Judge Rickey W. Thompson shall be Publicly Reprimanded in open court by the presiding judge of the Lee County Circuit Court on the first day of the next term of that court in which a jury venire is present after this decision becomes final; and is assessed costs in the amount of $100.00. Justice Court Judge Rickey W. Thompson taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., not participating.

The Mississippi Bar v. Walter W. Teel; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Diaz, P.J., and Easley, J., not participating. Dickinson, J., for the Court. Order entered.

The Mississippi Bar v. Paul S. Minor; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Diaz, P.J., and Easley, J., not participating. Randolph, J., for the Court. Order entered.

The Mississippi Bar v. John H. Whitfield; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Two Withdrawals of Motion for Default Judgment filed by The Mississippi Bar are granted. The Motion for Default Judgment filed by The Mississippi Bar is dismissed. Diaz, P.J., and Easley, J., not participating. Graves, J., for the Court. Order entered.