01/20/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2002-CA-01651-SCT

3M Company f/k/a Minnesota Mining and Manufacturing Company v. Simeon Johnson, James Curry, Bobby Joe Lawrence and Phillip Pate; Holmes Circuit Court; LC Case #: 2000-181; Ruling Date: 01/30/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Neil R. Harrison and Julia A. Harrison v. Chandler-Sampson Insurance, Inc.; Madison Circuit Court; LC Case #: CI-99-0059; Ruling Date: 08/29/2003; Ruling Judge: William Chapman, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Graves, Dickinson and Randolph, JJ., Concur. Waller, P.J., and Diaz, J., not participating.

Tony Dunn v. State of Mississippi; Clay Circuit Court; LC Case #: 8401; Ruling Date: 10/16/2003; Ruling Judge: Lee Howard; Majority Opinion: Easley, J. Disposition: Conviction of aggravated assault and sentence of five (5) years, with conditions, in the custody of the Mississippi Department of Corrections, payment of all costs and a fine of $1,000.00, affirmed. Clay County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Kristopher Spencer v. State Farm Mutual Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-02-412CIV; Ruling Date: 10/10/2003; Ruling Judge: Winston Kidd; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Michael Andrew Carpenter v. State of Mississippi; Wayne Circuit Court; LC Case #: 03-033-K; Ruling Date: 07/11/2003; Ruling Judge: Larry Roberts; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of Possession of Precursors with Intent to Manufacture Meth and Sentence of Twenty (20) Years as a Habitual Offender, with conditions, in the custody of the Mississippi Department of Corrections and Payment of costs of $250.50, a fine of $5,000.00 and AB fee of $2,000.00, Affirmed. Wayne County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In the Matter of the Estate of Anthony Walker Smith, Deceased: W. E. Davis, Administrator, First Security Bank and Bank of Holly Springs v. Raymond Smith and Ruth Smith; DeSoto Chancery Court; LC Case #: 01-10-1447 (PL); Ruling Date: 04/24/2003; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Michael John Tarvin a/k/a Michael Tarvin v. State of Mississippi; Forrest Circuit Court; LC Case #: 02-339CR; Ruling Date: 06/26/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. COUNT I: Conviction of rape and sentence of forty (40) years in the custody of the Mississippi Department of Corrections, affirmed. COUNT II: Conviction of burglary of a dwelling and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections, affirmed. COUNT III: Conviction of kidnapping and sentence of forty (40) years in the custody of the Mississippi Department of Corrections, affirmed. Sentence in Count III shall run consecutively with the sentences in Counts I and II. Forrest County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Local Rules; Disposition: Petition of the Circuit Judges of the Hinds County Circuit Court for approval of Local Rule 3 is denied. Graves, J., Concurs in Result Only. Diaz, J., not participating. Order entered.

Brian Anthony Young v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,509(2); Ruling Date: 04/12/2002; Ruling Judge: Kathy Jackson; Disposition: The motion for rehearing filed by appellant is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Diaz and Graves, JJ., not participating.

Brian Anthony Young v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,509(2); Ruling Date: 04/12/2002; Ruling Judge: Kathy Jackson; Majority Opinion: Cobb, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

University of Southern Mississippi, Dr. David Huffman, Dr. Glenn Harper, and Dr. Rex Stamper v. Davida Dawn Williams; Forrest Circuit Court; LC Case #: CI-96-0125; Ruling Date: 07/30/2002; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by appellee is denied. Easley, J., would grant. Diaz, Graves and Randolph, JJ., not participating.

David C. Whalen, et al v. Pleasant Hill Water Association, Inc., a Mississippi Non-Profit Corporation, City of Olive Branch, Mississippi, a Mississippi Municipal Corporation and City of Southaven Mississippi, a Mississippi Municipal Corporation; DeSoto Chancery Court; LC Case #: 02-4-646(M); Ruling Date: 01/24/2003; Ruling Judge: Melvin McClure, Jr.; Disposition: Petition for writ of certiorari filed by counsel for David Whalen is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Walter Leffler v. Harry Sharp, Individually, Sharp Enterprises, Inc., and Kim Free, Individually, and d/b/a Quarter Inn; Warren Circuit Court; LC Case #: 00,0227-CI; Ruling Date: 02/10/2003; Ruling Judge: Frank Vollor; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating.

Clifton Clark a/k/a Clifton Burns Clark, III v. State of Mississippi; Forrest Circuit Court; LC Case #: 00-490CR; Ruling Date: 07/19/2002; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Patsy Montgomery v. State of Mississippi; Lee Circuit Court; LC Case #: CR02-258; Ruling Date: 05/23/2003; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ., not participating.

Richard N. Anderson, Jr. a/k/a Richard Netrail Anderson, Jr. v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-042-LE-G; Ruling Date: 09/08/2003; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Steven Scott Herring v. Edward Graham Herring, Trustee; Franklin Chancery Court; LC Case #: 2000-0116; Ruling Date: 08/29/2003; Ruling Judge: W. McGehee, II; Disposition: Motion for Correction of the Record filed by appellant is denied. Diaz and Graves, JJ., not participating. Order entered.

Steven Scott Herring v. Edward Graham Herring, Trustee; Franklin Chancery Court; LC Case #: 2000-0116; Ruling Date: 08/29/2003; Ruling Judge: W. McGehee, II; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ., not participating.

Neil R. Harrison and Julia A. Harrison v. Chandler-Sampson Insurance, Inc.; Madison Circuit Court; LC Case #: CI-99-0059; Ruling Date: 08/29/2003; Ruling Judge: William Chapman, III; Disposition: Appellee's Motion to Respond to Additional Authority Provided by Appellants to this Court During Oral Argument is denied. Waller, P.J., and Diaz, J., not participating. Order entered.

Yoshinobu Namihira, M.D. v. Cinder Louise Bailey; Claiborne Circuit Court; LC Case #: 2002-85; Ruling Judge: Lamar Pickard; Disposition: Petition for Interlocutory Appeal filed by Yoshinobu Namihira, M.D., is granted. Diaz and Randolph, JJ., not participating.

Yoshinobu Namihira, M.D. v. Cinder Louise Bailey; Claiborne Circuit Court; LC Case #: 2002-85; Ruling Judge: Lamar Pickard; Majority Opinion: Dickinson, J. Disposition: Petition for Interlocutory Appeal Granted; Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Graves, J., Dissents Without Separate Written Opinion. Easley, J., Dissents with Separate Written Opinion. Diaz and Randolph, JJ., not participating. Dissenting Opinion: Easley, J.

The Public Employees' Retirement System v. Annie L. Stamps; Hinds Circuit Court 1st District; LC Case #: 251-01-1030CIV; Ruling Date: 09/08/2003; Ruling Judge: Winston Kidd; Majority Opinion: Smith, C.J. Disposition: On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Affirmed. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

In Re: WLBT, Inc., d/b/a WLBT- TV.; Madison Circuit Court; LC Case #: 2004-102; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, P.J. Disposition: Petition Granted and Case Remanded for Proceedings Consistent with this Opinion. Appellant taxed with costs of appeal. Votes: Smith, C.J., Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Part. Dickinson, J., Concurs with Separate Written Opinion Joined by Smith, C.J., and Waller, P.J.; Cobb, P.J., and Randolph, J., Join in Part. Cobb, P.J., Dissents With Separate Written Opinion, Joined In Part by Easley and Randolph, JJ. Easley, J., Dissents With Separate Written Opinion, Joined In Part by Cobb, P.J., and Randolph, J. Diaz, J., not participating. Concurring Opinion: Dickinson, J. Votes: Smith, C.J., and Waller, P.J., Join This Opinion. Cobb, P.J., and Randolph, J., Join This Opinion in Part. Dissenting Opinion: Cobb, P.J. Votes: Easley and Randolph, JJ., Join This Opinion in Part. Dissenting Opinion: Easley, J. Votes: Cobb, P.J., and Randolph, J., Join This Opinion in Part.