02/07/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
  2006-CA-02035-SCT

Stone D. Barefield, Sr. v. Betsy Rowell, Carter Carroll and J. W. "Johnny" McArthur; Forrest Circuit Court; LC Case #: CI 05-0065; Ruling Date: 10/24/2006; Ruling Judge: Dale Harkey; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

The Mississippi Bar v. John Edward Jackson, Jr.; Disposition: Motion of the Mississippi Bar to disbar attorney John E. Jackson, Jr., is granted. John E. Jackson, Jr., is hereby disbarred from the practice of law within the State of Mississippi and this order shall constitute notice of disbarment in this cause. His name shall be immediately stricken from the rolls of The Mississippi Bar. Order of Disbarment entered.

The Mississippi Bar v. John Edward Jackson, Jr.; Majority Opinion: Dickinson, J. Disposition: John E. Jackson, Jr., is hereby disbarred from the practice of law within the State of Mississippi and this order shall constitute notice of disbarment in this cause. His name shall be immediately stricken from the rolls of The Mississippi Bar. John E. Jackson, Jr., taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Latina Williams v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-495; Ruling Date: 09/12/2005; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Latina Williams is granted. To Grant: Waller and Diaz, P.JJ., Graves and Dickinson, JJ. To Deny: Smith, C.J., Easley, Carlson, Randolph and Lamar, JJ. Order entered.

Cynthia Scarborough Thomas v. Tom Scarborough and Marsha Scarborough; Rankin Chancery Court; LC Case #: 56,338; Ruling Date: 10/13/2005; Ruling Judge: Thomas Zebert; Disposition: Petition for writ of certiorari filed by Cynthia Scarborough Thomas is denied. To Deny: All Justices. Order entered.

University of Mississippi Medical Center v. Gloria Johnson, Administratrix of the Estate of Brenda Easter, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-1264CIV; Ruling Date: 10/05/2005; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by the University of Mississippi Medical Center was granted by order of this Court on January 3, 2008. The Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by the University of Mississippi Medical Center is dismissed as improvidently granted. Smith, C.J., would grant. Dickinson, J., not participating. Waller, P.J., for the Court. Order entered.

Lisa Hinton Council v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-627-CR; Ruling Date: 05/10/2005; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for the petitioner is dismissed. M.R.A.P. 17(b). To Dismiss: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ. To Deny: Easley and Randolph, JJ. To Grant: Diaz, P.J., and Graves, J. Order entered.

Fred Sanford Spicer, Jr. a/k/a Freddie Spicer, Jr. v. State of Mississippi; George Circuit Court; LC Case #: 2002-10,000(3); Ruling Date: 05/01/2003; Ruling Judge: Dale Harkey; Disposition: Motion for rehearing filed by petitioner is denied. Diaz, P.J., would grant.

Waffle House, Inc., Self-Insured v. Kimberly Allam; Hinds Circuit Court 1st District; LC Case #: 251-05-1034; Ruling Date: 04/17/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Waffle House, Inc., is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J. Order entered.

Tony Pratt v. Sylvia Dees Sessums; Washington Circuit Court; LC Case #: CI2003-0260; Ruling Date: 03/24/2006; Ruling Judge: Larry Lewis; Disposition: On the Court's own motion, appellee's counsel, J. Murray Akers, shall on or before February 15, 2008, show cause, if any he can, why he should not be sanctioned for failure to examine and certify the record as required by Mississippi Rule of Appellate Procedure 10(b)(5). J. Murray Akers shall, within fourteen days of receiving the supplemented record from appellant's counsel, (i) examine the record as corrected by counsel for appellant, (ii) include in the record the required matters listed in Mississippi Rule of Appellate Procedure 10(b)(5), and (iii) return the record, as corrected, and with the certification required by Mississippi Rule of Appellate Procedure 10(b)(5), to the Circuit Clerk of Washington County for transmission to this Court. Diaz, P.J., not participating. Show Cause Order entered.

Tony Pratt v. Sylvia Dees Sessums; Washington Circuit Court; LC Case #: CI2003-0260; Ruling Date: 03/24/2006; Ruling Judge: Larry Lewis; Disposition: On the Court's own motion, appellant's counsel, John M. Mooney, shall on or before February 15, 2008, show cause, if any he can, why he should not be sanctioned for failure to examine and certify the record as required by Mississippi Rule of Appellate Procedure 10(b)(5); failure to separately number the issues presented for review as required by Mississippi Rule of Appellate Procedure 28(a)(3); and failure to include an alphabetically arranged table of cases in his brief as required by Mississippi Rule of Appellate Procedure 28(a)(2). The Circuit Clerk of Washington County shall immediately - and in no event later than February 29, 2008 - include in the appellate record all matters listed on appellant's designation of record. The Circuit Clerk of Washington County is further ordered to comply with the provisions of Mississippi Rule of Appellate Procedure 11(d)(2), by providing the required certificate referenced therein, and by serving notice as required therein. Within seven days of receiving the clerk's notice of completion of the record, John M. Mooney shall (i) examine the record and verify that it includes all matters listed in appellant's designation of record, (ii) append to the record the certification required by Mississippi Rule of Appellate Procedure 10(b)(5), and (iii) provide the record as corrected, to appellee's counsel for review. Diaz, P.J., not participating. Show Cause Order entered.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-275-CV5; Ruling Date: 06/27/2006; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed pro se by Charles Bester is denied. To Deny: All Justices. Order entered.

Mark Hicks v. State of Mississippi; Simpson Circuit Court; LC Case #: 2006-53-K; Ruling Date: 09/27/2006; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant.

In the Matter of the Reinstatement of George T. Kelly, Jr., to the Practice of Law; LC Case #: 2005-B-2251; Disposition: Petition of George T. Kelly, Jr., for reinstatement to the practice of law in the State of Mississippi is granted. Waller, P.J., not participating. Order entered.

In the Matter of the Reinstatement of George T. Kelly, Jr., to the Practice of Law; LC Case #: 2005-B-2251; Majority Opinion: Diaz, P.J. Disposition: Petition of George T. Kelly, Jr., for reinstatement to the practice of law in the State of Mississippi is granted. George T. Kelly, Jr., taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Waller, P.J., not participating.

The Mississippi Bar v. John Louis Dolan, Jr.; Disposition: Effective upon entry of this order, John Louis Dolan, Jr., is hereby suspended from the practice of law in the State of Mississippi for one year; placed on probation for one year and assessed with costs and expenses. Order entered.

The Mississippi Bar v. John Louis Dolan, Jr.; Majority Opinion: Smith, C.J. Disposition: Effective upon entry of this order, John Louis Dolan, Jr., is hereby suspended from the practice of law in the State of Mississippi for one year; placed on probation for one year and assessed with costs and expenses. John Louis Dolan, Jr., taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.