02/05/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2007-KA-00818-SCT

Anthony Ford a/k/a Hugh Anthony Ford v. State of Mississippi; Attala Circuit Court; LC Case #: 07-0017-CR; Ruling Date: 03/21/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Count II: Conviction of touching a child for lustful purposes and sentence of ten (10) years, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with any sentence previously imposed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Reginald Anderson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0111-CICR; Ruling Date: 06/10/2004; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by Reginald Anderson 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.

Earl Childs, Lori Gordon, Amelia Killeen, David Wheeler and Maria Beard v. Hancock County Board of Supervisors, Paradise Properties Group, L.L.C. and Kudo Developers of Mississippi, L.L.C.; Hancock Circuit Court; LC Case #: 2005-174; Ruling Date: 03/10/2006; Ruling Judge: Stephen Simpson; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Hancock County Circuit Court is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion. Chandler, J., not participating.

Illinois Central Railroad Company v. Richard Aldridge, et al.; Marshall Circuit Court; LC Case #: M-98-328; Ruling Date: 12/05/2006; Ruling Judge: Henry Lackey; Majority Opinion: Graves, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., not participating.

James Riley a/k/a "Boo-Lu" v. State of Mississippi; Attala Circuit Court; LC Case #: 06-0105-CR; Ruling Date: 03/06/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for James Riley is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Randolph and Chandler, JJ. Order entered.

Grace K. Aikens and Joseph W. Aikens v. Dr. Dayton Whites; George Circuit Court; LC Case #: 95-0034(3); Ruling Date: 11/20/2006; Ruling Judge: Dale Harkey; Disposition: Motion for rehearing filed by appellee is denied. Dickinson, Lamar and Chandler, JJ., would deny the rehearing, but modify the opinion. Kitchens 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 denied. The Court's previous order which dismissed the petition as untimely filed is hereby vacated. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

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 denied. The Court's previous order which dismissed the petition as untimely filed is hereby vacated. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Mary Ellen Bouldin v. Mississippi Department of Health; Tallahatchie Circuit Court 2nd District; LC Case #: CV2007-0002LT2; Ruling Date: 04/11/2007; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by Mary Ellen Bouldin is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Not Participating: Lamar and Chandler, JJ. Order entered.

Bobbi J. Young and Lynda L. Carter, Next of Kin to Clarence S. Young, Deceased v. Robert R. Meacham, Dr. Gina V. Bray, Robert H. Smith, Stevan I. Himmelstein, Baptist Memorial Hospital-DeSoto and Cardiovascular Physicians of Memphis; DeSoto Circuit Court; LC Case #: CV2001-204 RD; Ruling Date: 06/27/2007; Ruling Judge: Andrew Baker; Disposition: Motion for rehearing filed by Stevan I. Himmelstein and Cardiovascular Physicians of Memphis is denied. Lamar, J., not participating.

Charles Lamar Johnson v. State of Mississippi; Simpson Circuit Court; LC Case #: 2005-82K; Ruling Date: 11/27/2007; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed pro se by appellant is denied.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-192/193/197/206/207/; Ruling Date: 03/18/2008; Ruling Judge: Franklin Coleman; Disposition: Motion to Expedite filed by the Mississippi Commission on Judicial Performance is dismissed as moot. Order entered.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-192/193/197/206/207/; Ruling Date: 03/18/2008; Ruling Judge: Franklin Coleman; Majority Opinion: Carlson, P.J. Disposition: Former County Court Judge Solomon C. Osborne shall be publicly reprimanded and assessed costs of $731.89. The public reprimand shall be read in Open Court by the Presiding Judge of the Leflore County Circuit Court on the first day of the next term of that court in which a jury venire is present after this decision becomes final. Former County Court Judge Solomon C. Osborne taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, P.J., and Kitchens, J. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, J.; Graves, P.J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: Dickinson, J. Votes: Graves, P.J., and Kitchens, J., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion. Graves, P.J., Joins This Opinion in Part.

Amanda Hunter, a Minor and John K. Hunter, and Luvonne Hunter, Parents of Said Minor v. Christopher Etheridge and Heather Etheridge; Hinds Circuit Court 2nd District; LC Case #: 2006-046; Ruling Date: 09/24/2008; Ruling Judge: William Coleman; Disposition: Petition for Interlocutory Appeal filed by the Hunters is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Dickinson and Chandler, JJ. Order entered.