01/25/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-KA-01350-SCT

Dewayne Harrell a/k/a Dwayne Harrell v. State of Mississippi; Pike Circuit Court; LC Case #: 02-164-KB; Ruling Date: 07/23/2004; Ruling Judge: Mike Smith; Majority Opinion: Randolph, J. Disposition: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant is ordered to pay restitution in the amount of $52,184.67 to Federated Mutual Insurance, $39,162.51 to Southwest Mississippi Regional Medical Center, $10,000.00 to the Crime Victims' Compensation Fund, court appointed attorney's fees in the amount of $2,500.00 and court costs. Pike County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition to Amend Rule 3 of the Mississippi Rules for Mandatory Continuing Legal Education filed by The Mississippi Bar is granted in part and denied in part. Rule 3 of the Mandatory Rules of Continuing Legal Education is amended to include a program on professionalism as an option for the ethics hour requirement as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall enter this order on the minutes of the Court and a true certified copy shall be forwarded to West Publishing Company for publication in the Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant in Part: All Justices. Order entered.

Cash Distributing Company, Inc. v. James Neely; Lowndes Circuit Court; LC Case #: 2000-0153-CV1; Ruling Date: 05/27/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court of Lowndes County is Affirmed on Direct Appeal and Affirmed in Part, Additur Granted and Reversed and Remanded in Part on Cross-Appeal. Cash Distributing Company, Inc., taxed with costs of appeal. Votes: Cobb, P.J., Diaz, Graves and Randolph, JJ., Concur. Carlson, J., Dissents with Separate Written Opinion Joined by Smith, C.J., and Waller, P.J. Easley, J., not participating. Dissenting Opinion: Carlson, J. Votes: Smith, C.J., and Waller, P.J., Join This Opinion.

Tracy Dixon and Jerry Ford a/k/a Jerry Lee Ford v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0049-K; Ruling Date: 07/21/2004; Ruling Judge: W. Hines; Disposition: Appellants' Petition for Writ of Certiorari filed by counsel for Tracy Dixon and Jerry Ford is granted. To Grant: Smith, C.J., Cobb, P.J., Diaz, Graves and Dickinson, JJ. To Deny: Easley, Carlson and Randolph, JJ. Not Participating: Waller, P.J. Order entered.

Edmond Allen Jenkins v. Terry Investments, LLC; Copiah Chancery Court; LC Case #: 2004-77; Ruling Date: 08/20/2004; Ruling Judge: George Ward; Disposition: Petition for Writ of Certiorari filed by Edmond Allen Jenkins is denied. To Deny: All Justices. Order entered.

James Curtis Kelly v. State of Mississippi; Rankin Circuit Court; LC Case #: 15396; Ruling Date: 08/31/2004; Ruling Judge: Kent McDaniel; Disposition: Petition for Writ of Certiorari filed by counsel for James Curtis Kelly is denied. To Deny: Smith, C.J, Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, J. Order entered.

Jane Doe v. Roman Catholic Diocese of Jackson, Mississippi, Bishop William R. Houck, his predecessors and assigns, and George Broussard; Hinds Circuit Court 1st District; LC Case #: 251-03-821CIV; Ruling Date: 07/15/2004; Ruling Judge: W. Yerger; Disposition: Petition for Writ of Certiorari filed by Jane Doe is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Order entered.

Illinois Central Railroad Company v. Phillip Acuff, Charles W. Brown, William Carlisle, James M. Carpenter, Lamar Clark, C. H. Cobb, Hubert Deer, William R. Johnston, Dan C. Jones, Clythus Mason, Charlie E. McNeil, Johnny W. Mitchell, York Sit, Charles R. Warren, Lester Ray Warren, and Willie Woodberry AND James Expose v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2001-65; Ruling Date: 12/06/2004; Ruling Judge: Lamar Pickard; Disposition: Appellant filed its Petition for Writ of Certiorari with the United States Supreme Court on January 10, 2007. Pursuant to M.R.A.P. 41(c), the stay of the mandate will continue until final disposition of Appellant's Petition for Writ of Certiorari by the United States Supreme Court. Randolph, J., not participating. Order entered.

In the Matter of the Will Contest of Jonathan Ainsworth, Nephew of the Deceased Gladys Castell deBen Majeau: Jonathan Ainsworth v. Brian Berrigan, Executor of the Estate of Gladys Castell deBen Majeau, Deceased; Hancock Chancery Court; LC Case #: 2002-827; Ruling Date: 03/01/2005; Ruling Judge: James Thomas, Jr.; Disposition: Jonathan Ainsworth's pro se Motion for Reconsideration, Motion for Rehearing or for Other Procedural Relief is denied. Graves, J., not participating. Order entered.

Jimmy Culbert v. State of Mississippi; Warren Circuit Court; LC Case #: 12,323-V; Ruling Date: 05/10/2005; Ruling Judge: Frank Vollor; Disposition: Petition for Writ of Certiorari filed pro se by Jimmy Culbert is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Randolph, JJ. Not Participating: Dickinson, J. Order entered.

Ronald Keith Hinton a/k/a Stump Jumper v. State of Mississippi; Pearl River Circuit Court; LC Case #: PC2005-0151P; Ruling Date: 05/03/2005; Ruling Judge: R. Prichard, III; Disposition: Petition for Writ of Certiorari filed pro se by Ronald K. Hinton is denied. To Deny: All Justices. Order entered.

Bedford Health Properties, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Medical Park Management Corporation, Michael E. McElroy, Sr., M. E. McElroy, Jr., M. E. McElroy, Inc., Bedford Care Center-Monroe Hall, LLC, Bedford Care Center-Warren Hall, LLC, Robert Perry and Gina Simonetti v. The Estate of Clifton Williams by and through Grace Hawthorne, Administratrix of the Estate of Clifton Williams, for the Use and Benefit of the Estate of Clifton Williams, and for the Use and Benefit of the Wrongful Death Beneficiaries of Clifton Williams; Forrest Circuit Court; LC Case #: CI02-0385; Ruling Date: 06/07/2005; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by appellants, M.E. McElroy, Jr., M. E. McElroy, Inc., Bedford Care Center-Monroe Hall, LLC, Bedford Care Center - Warren Hall, LLC, is denied. Diaz and Graves, JJ., would grant. Randolph, J., not participating.

Joey Montrell Chandler v. State of Mississippi; Clay Circuit Court; LC Case #: 8491; Ruling Date: 01/14/2005; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz, J., not participating.