01/22/2009 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2004-CT-00840-SCT

Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Consolidated with 2006-CT-01394-SCT Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Loi Quoc Tran is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Clarence Mario Keith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-05-234-CIV; Ruling Date: 06/05/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed pro se by Clarence Mario Keith is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Consolidated with 2004-CT-00840-SCT Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Loi Quoc Tran is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

William A. Causey, M.D. v. Reitha Sanders, Individually and on Behalf of all Wrongful Death Beneficiaries of Ersel Allen; Hinds Circuit Court 1st District; LC Case #: 251-02-1031CIV; Ruling Date: 08/15/2006; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellant is granted as to the costs of appeal and denied in all other respects. Appellant and appellee taxed equally with costs of appeal. Graves, P.J., disagrees. Chandler and Pierce, JJ., not participating.

Tavares Antoine Flaggs v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-933; Ruling Date: 07/27/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed pro se by Tavares Antoine Flaggs is dismissed without prejudice as to the claims of ineffective assistance of counsel and denied in all other respects. To Dismiss Ineffective Assistance of Counsel Claims without Prejudice: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ. To Deny Petition Regarding Ineffective Assistance of Counsel Claims: Randolph, J. To Deny Petition Regarding Admission of Dr. Hayne's Testimony: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant Petition Regarding Admission of Dr. Hayne's Testimony: Kitchens, J. To Deny Petition Regarding Admission of Shoulder Brace: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered. .

Tavares Antoine Flaggs v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-933; Ruling Date: 07/27/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Tavares Antoine Flaggs is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Chandler, J. Order entered.

Annie Walton Ivory v. State of Mississippi; Monroe Circuit Court; LC Case #: CV06-116GM; Ruling Date: 12/04/2006; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed pro se by Annie Walton Ivory is dismissed. Order entered.

Edsel Burton a/k/a Edsel Carl Burton a/k/a Burt v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR05-125; Ruling Date: 01/23/2007; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Edsel Burton is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Abner K. Northrop, Jr. v. Davis Hutto, Stanley Turner, Memorial Hospital at Gulfport and Thomas Letard, M.D.; Harrison Circuit Court 1st District; LC Case #: A2401-200081; Ruling Date: 02/19/2007; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by counsel for Thomas Letard, M.D., is granted. Petition for writ of certiorari filed by counsel for Memorial Hospital at Gulfport, Davis R. Hutto and Stanley Turner is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Pierce, JJ. To Deny: Graves, P.J., Lamar and Kitchens, JJ. Not Participating: Chandler, J. Order entered.

Willie Leech v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-148-CV1; Ruling Date: 03/05/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Willie Leech is dismissed as untimely filed. To Dismiss: Waller, C.J., Graves, P.J., Dickinson, Lamar, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., and Randolph, J. Not Participating: Chandler, J. Order entered.

Sylvester Branch v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-952; Ruling Date: 03/07/2006; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellant is denied. Graves, P.J., and Kitchens, J., would grant. Chandler and Pierce, JJ., not participating.

Carl Dewayne Watts v. State of Mississippi; Forrest Circuit Court; LC Case #: CI06-0201; Ruling Date: 04/12/2007; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed pro se by Carl DeWayne Watts is dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson and Graves, P.JJ., Dickinson and Lamar, JJ. To Deny: Randolph, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Joe Louis Brooks a/k/a Joe Lewis Brooks a/k/a Joe L. Brooks v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 901-05; Ruling Date: 05/30/2007; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Joe Louis Brooks is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

City of Jackson, Mississippi v. Sharon Trigg Spann; Hinds Circuit Court 1st District; LC Case #: 251-04-598; Ruling Date: 06/11/2007; Ruling Judge: Winston Kidd; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Chandler, JJ., Concur. Graves, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, Kitchens and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Graves, P.J. Votes: Dickinson, Kitchens and Pierce, JJ., Join This Opinion.

Mississippi Commission on Judicial Performance v. Nicki M. Boland; LC Case #: 2006-121; Ruling Date: 10/31/2007; Ruling Judge: Franklin Coleman; Disposition: Motion for rehearing filed by the Mississippi Commission on Judicial Performance is denied. Graves, P.J., would deny the rehearing, but modify the opinion. Waller, C.J., not participating.