01/18/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay B.
X  2005-IA-01899-SCT

East Mississippi State Hospital and the Mississippi Department of Mental Health v. Codell Adams and Levord Adams, Individually, and on Behalf of All the Heirs at Law of Joe Cephus Adams, Deceased; Lauderdale Circuit Court; LC Case #: 03-CV-104(B0; Ruling Date: 09/28/2005; Ruling Judge: Robert Bailey; Majority Opinion: Cobb, P.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed pro se by Jerry McGee is granted. Motion for rehearing filed by attorney for Jerry McGee is granted. The previous opinions are withdrawn and these opinions are substituted therefor. The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court of the First Judicial District of Hinds County is Reversed, and this case is Remanded to that court for a new trial. Easley, J., would deny. Graves, J., not participating.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Disposition: Jerry McGee's motion for judicial notice of adjudicative facts and/or to suspend the rules is denied. Graves, J., not participating. Order entered.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Waller, P.J. Disposition: The motions for rehearing are granted. The previous opinions are withdrawn and these opinions are substituted therefor. The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court of the First Judicial District of Hinds County is Reversed, and this case is Remanded to that court for a new trial. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Randolph, JJ. Graves, J., not participating. Specially Concurring Opinion: Dickinson, J. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Randolph, JJ., Join This Opinion.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by petitioner is denied. Diaz and Graves, JJ., would grant. Easley, J., not participating.

Marilyn C. Dedeaux and Eugene Dedeaux v. Pellerin Laundry, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-99-00021; Ruling Date: 09/30/2003; Ruling Judge: Robert Walker; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court for the First Judicial District of Harrison County is Reversed, and this case is Remanded to the Circuit Court for a new trial as to damages. Pellerin Laundry, Inc., taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by petitioner is denied. Diaz and Graves, JJ., would grant.

Natchez Electric and Supply Co., Inc. v. Wayne Johnson d/b/a Johnson Electric; Forrest Circuit Court; LC Case #: CI97-0129; Ruling Date: 10/17/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Diaz, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Forrest County Circuit Court is Reinstated and Affirmed. Natchez Electric and Supply Co., Inc. taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents with Separate Written Opinion Joined by Smith, C.J. Dissenting Opinion: Easley, J. Votes: Smith, C.J., Joins This Opinion.

Kenneth McKlemurry v. State of Mississippi; Pike Circuit Court; LC Case #: 04-331-KB-1; Ruling Date: 10/08/2004; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by Kenneth McKlemurry is denied. To Deny: All Justices. Order entered.

In the Matter of The Estate of Alvarado H. Kelly, Deceased: William Kelly v. Sarah D. Cuevas; Hancock Chancery Court; LC Case #: 2000-882; Ruling Date: 12/02/2004; Ruling Judge: Margaret Alfonso; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of Hancock County Chancery Court is Affirmed. William Kelly taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only. Graves, J., not participating.

Heracles Geroyannis, M.D. v. Deborah Adkinson and Patricia Finney, Individually and as Survivors and Beneficiaries of Doris W. O'Rourke, Deceased, Under the Mississippi Wrongful Death Statute; Harrison Circuit Court 1st District; LC Case #: A2401-2004-100; Ruling Date: 04/15/2005; Ruling Judge: Stephen Simpson; Disposition: On the Court's own motion, the petition for interlocutory appeal is dismissed as improvidently granted. The appeal is dismissed and appellant is taxed with all costs of appeal. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Graves, JJ. Not to Dismiss: Easley and Dickinson, JJ. Not Participating: Randolph, J. Cobb, P.J., for the Court. Order entered.

Sammy Robinson a/k/a Sammy L. Robinson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-727; Ruling Date: 03/25/2004; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by appellant is denied.

Billy G. Alexander, et al. v. AC and S, Inc. f/k/a Armstrong Contracting & Supply Company, Inc., et al.; Jefferson Circuit Court; LC Case #: 2000-64; Ruling Date: 04/21/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz, J., Dissents with Separate Written Opinion Joined by Graves, J. Randolph, J., not participating. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Roy Lee Tillman, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2004-22-L-T; Ruling Date: 06/17/2005; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by Roy Lee Tillman, Jr., is denied. To Deny: All Justices. Order entered.

Peter Neglen, M.D. and Seshadri Raju, M.D. v. Lillian Breazeale, Individually, and as Next of Kin of Deceased, James C. Breazeale, and on Behalf of the Wrongful Death Beneficiaries of James C. Breazeale; Neshoba Circuit Court; LC Case #: 04-CV-0053-NS-G; Ruling Date: 01/21/2005; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by appellants is denied.

Milton L. McLendon v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2005-121-B; Ruling Date: 05/18/2005; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by appellant is denied.

Ceola James v. The Mississippi Bar; LC Case #: 2005-B-411; Ruling Date: 07/28/2005; Disposition: Motion for Damages for Filing Frivolous Appeal filed by The Mississippi Bar is denied. Waller, P.J., and Graves, J., not participating. Order entered.

Ceola James v. The Mississippi Bar; LC Case #: 2005-B-411; Ruling Date: 07/28/2005; Majority Opinion: Diaz, J. Disposition: Ceola James shall be publicly reprimanded in Open Court by the Presiding Judge on the first day of the next term of the Warren County Circuit Court. Ceola James taxed with costs of appeal. Votes: Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Smith, C.J.; Randolph, J., Joins in Part. Waller, P.J., and Graves, J., not participating. Concurring in Part and Dissenting in Part Opinion: Easley, J. Votes: Smith, C.J., Joins This Opinion. Randolph, J., Joins This Opinion in Part.

In Re: The Petition of Chokwe Lumumba for Reinstatement in the Mississippi Bar; Disposition: Petition of Chokwe Lumumba for Reinstatement in The Mississippi Bar is granted. Easley, J., Dissents with Separate Written Statement. Order entered.

In Re: The Petition of Chokwe Lumumba for Reinstatement in the Mississippi Bar; Majority Opinion: Smith, C.J. Disposition: Petition of Chokwe Lumumba for Reinstatement to The Mississippi Bar is granted. Chokwe Lumumba taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents with Separate Written Statement. Dissenting Opinion: Easley, J.