02/02/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2005-CA-00192-SCT

Alfred Pohl v. Russell Smith; Rankin Chancery Court; LC Case #: 54,422; Ruling Date: 01/10/2005; Ruling Judge: Thomas Zebert; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Imanuel Leon Wright v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2003-218RD; Ruling Date: 11/21/2003; Ruling Judge: George Ready; Majority Opinion: Dickinson, J. Disposition: Per Curiam Affirmance. Count I: Conviction of Possession of Controlled Substance, to-wit: Marijuana - more than 30 grams and Sentence of Three (3) Years, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Possession of a Controlled Substance to-wit: Cocaine - One Tenth (.1) Gram but less than Two (2) Grams and Sentence of One (1) year, as an Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Possession of a Controlled Substance, to-wit: Methylenedioxymethamphetamine (MDMA) - Ten (10) Dosage Units, but less than Twenty (20) Dosage Units and Sentence of Five (5) Years of Post Release Supervision, with conditions, Affirmed. Sentence in Count III is to run consecutively with the sentences imposed in Counts I and II. Appellant shall pay a fine in the amount of $1,000.00, Restitution to Southaven Police Department in the amount of $250.00 and all costs of court, to be paid at a rate of $100.00 per month beginning within ninety (90) days of release. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

Kimmeth Johnson v. State of Mississippi; Lee Circuit Court; LC Case #: CR03-587; Ruling Date: 02/23/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of Possession of Cocaine and Sentence of Thirty (30) Years, without hope of Parole or Probation as an Habitual Offender, in the custody of the Mississippi Department of Corrections, and Payment of Court Costs in the amount of $322.000, Affirmed. Lee 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 Re: Local Rules; Disposition: Petition for Approval of Local Circuit Court Rule filed by Honorable Kenneth L. Thomas, Honorable Albert B. Smith, III and Honorable Larry O. Lewis of the Eleventh Circuit Court District is hereby granted and the proposed Rule 1- Required Mediation in Civil Cases as set forth in Exhibit A hereto is approved. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Justin Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: Samac Richardson; Disposition: Motion for Rehearing filed by petitioner is denied. Cobb, P.J., would deny with modifications. Diaz and Randolph, JJ., not participating.

Christopher A. Ferrara v. Nancy S. Walters and Dennis R. Strong; Harrison Chancery Court 2nd District; LC Case #: C2402-01-171; Ruling Date: 09/12/2003; Ruling Judge: Carter Bise; Disposition: Motion for rehearing filed by appellees is denied. Waller and Cobb, P.JJ., and Randolph, J., would grant. Diaz and Dickinson, JJ., not participating.

In the Matter of the Extension of the Boundaries of the City of Laurel, Mississippi: City of Laurel, Mississippi v. Sharon Waterworks Association, Shady Grove Water Works Association, Shady Grove Utility District, and Jones County Board of Supervisors; Jones Chancery Court 2nd District; LC Case #: 97,0498; Ruling Date: 05/30/2003; Ruling Judge: R. Reeves, Jr.; Disposition: Motion for Rehearing filed by the Appellees, Shady Grove Waterworks Association and Shady Grove Utility District as well as Jones County, Jones County School District and certain individual objectors, addressing the merits of the Court's original opinion is denied. The Motion for Rehearing addressing the issuance of the mandate taxing the appellees with all costs in this case shall be treated as a motion to amend the mandate and retax the costs, and as such, is granted. The mandate is amended to provide that the costs shall be taxed equally to the Appellant and the Appellees. The Appellees' request to defer the taxation of the costs to the trial court is denied. Diaz and Randolph, JJ., not participating. Order entered.

Ernest Price v. The Purdue Pharma Company; Purdue Pharma, L. P.; Purdue Pharma, Inc.; Purdue Frederick Company; The P. F. Laboratories, Inc.; Abbott Laboratories and Abbott Laboratories, Inc.; Gerry Ann Houston, M.D.; Ronald B. Williams, M.D.; Roger Collins, M.D.; Eckerd Corporation; and Walgreen Company; Hinds Circuit Court 1st District; LC Case #: 251-02-1155CIV; Ruling Date: 08/22/2003; Ruling Judge: W. Yerger; Consolidated with 2004-CA-01929-SCT Ernest Price v. The Purdue Pharma Company; Purdue Pharma, L. P.; Purdue Pharma, Inc.; Purdue Frederick Company; The P. F. Laboratories, Inc.; Abbott Laboratories and Abbott Laboratories, Inc.; Gerry Ann Houston, M.D.; Ronald B. Williams, M.D.; Roger Collins, M.D.; Eckerd Corporation; and Walgreen Company; Hinds Circuit Court 1st District; LC Case #: 251-02-1155CIV; Ruling Date: 09/29/2004; Ruling Judge: W. Yerger; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant 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.

Michael Yates v. State of Mississippi; Newton Circuit Court; LC Case #: 03-CR-021-NW-C; Ruling Date: 04/21/2004; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by Michael Yates 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.

Anthony Jones v. State of Mississippi; Warren Circuit Court; LC Case #: 03,0240-CRV; Ruling Date: 06/15/2004; Ruling Judge: Frank Vollor; Majority Opinion: Carlson, J. Disposition: Count I: Conviction of Aggravated Assault and Sentence of Twenty (20) Years, without hope of Parole or Probation as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Kidnapping and Sentence of Thirty (30) Years, without hope of Parole or Probation as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Carrying a Weapon after a Felony Conviction and Sentence of Three (3) Years, without hope of Parole or Probation as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively. Warren County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz and Randolph, JJ., not participating.

Ernest Price v. The Purdue Pharma Company; Purdue Pharma, L. P.; Purdue Pharma, Inc.; Purdue Frederick Company; The P. F. Laboratories, Inc.; Abbott Laboratories and Abbott Laboratories, Inc.; Gerry Ann Houston, M.D.; Ronald B. Williams, M.D.; Roger Collins, M.D.; Eckerd Corporation; and Walgreen Company; Hinds Circuit Court 1st District; LC Case #: 251-02-1155CIV; Ruling Date: 09/29/2004; Ruling Judge: W. Yerger; Consolidated with 2003-CA-02101-SCT Ernest Price v. The Purdue Pharma Company; Purdue Pharma, L. P.; Purdue Pharma, Inc.; Purdue Frederick Company; The P. F. Laboratories, Inc.; Abbott Laboratories and Abbott Laboratories, Inc.; Gerry Ann Houston, M.D.; Ronald B. Williams, M.D.; Roger Collins, M.D.; Eckerd Corporation; and Walgreen Company; Hinds Circuit Court 1st District; LC Case #: 251-02-1155CIV; Ruling Date: 08/22/2003; Ruling Judge: W. Yerger; Disposition: Motion to Dismiss Plaintiff's Appeal as Untimely filed by counsel for Ronald B. Williams, M.D., and the Motion to Dismiss Plaintiff's Appeal as Untimely filed by counsel for Gerry Ann Houston, M.D., are dismissed as moot. Diaz and Randolph, JJ., not participating. Order entered.

EquiFirst Corporation v. Melvin Jackson, Xavier Manning and Brenda Manning; Leflore Circuit Court; LC Case #: 2002-0258-CICI; Ruling Date: 12/08/2004; Ruling Judge: W. Hines; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.