02/21/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2006-IA-01991-SCT

Reverend Mitchell Hedgepeth and Catherine Hedgepeth v. Melody Johnson, Individually and as an agent of State Farm; and State Farm Fire & Casualty Insurance Company; Jackson Circuit Court; LC Case #: 2006-00,031(3); Ruling Date: 12/01/2006; Ruling Judge: Edward Prisock; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

Countrywide Home Loans, Inc., Lem Adams, III, Trustee and Mortgage Electronics Registration Systems, Inc. v. Julius C. Parker, Jr.; Pike Chancery Court; LC Case #: 2006-82; Ruling Date: 12/21/2006; Ruling Judge: Debbra Halford; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Charise Ford v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-956; Ruling Date: 09/15/2004; Ruling Judge: W. Yerger; Majority Opinion: Diaz, P.J. Disposition: Conviction of aggravated assault with a weapon and sentence of seventeen (17) years in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

The Estate of John Grimes, by and through his Wife and next Friend, Helen Grimes, on behalf of the Wrongful Death Beneficiaries v. Dr. James Warrington, Jr.; Bolivar Circuit Court 2nd District; LC Case #: 2001-0052; Ruling Date: 10/09/2006; Ruling Judge: Charles Webster; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

Olan Callins v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR03-026; Ruling Date: 09/27/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Alcorn County Circuit Court Denying the Motion for Post-Conviction Relief is Reinstated and Affirmed. Alcorn County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Dissent Without Separate Written Opinion.

Chico Craft v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-1233; Ruling Date: 10/12/2005; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed pro se by Chico Craft is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Graves and Randolph, JJ. To Dismiss as Untimely: Diaz, P.J., Carlson, Dickinson and Lamar, JJ. Order entered.

Christopher D. Fair v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2005-0007-CR; Ruling Date: 08/30/2005; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Christopher D. Fair is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J. Order entered.

River Region Medical Corporation d/b/a Parkview Regional Medical Center v. Thomas Patterson; Warren Circuit Court; LC Case #: 02-0002-CT; Ruling Date: 12/19/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: Appellant's motion to strike appellee's petition for rehearing is granted and the motion for rehearing is stricken. Diaz, P.J., Easley and Graves, JJ., would deny. Order entered.

River Region Medical Corporation d/b/a Parkview Regional Medical Center v. Thomas Patterson; Warren Circuit Court; LC Case #: 02-0002-CT; Ruling Date: 12/19/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: Appellant's motion to strike appellee's petition for rehearing is granted and the motion for rehearing is stricken. Diaz, P.J., Easley and Graves, JJ., would deny. Order entered.

Lee E. Dismuke v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-010(PF)L; Ruling Date: 12/07/2005; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed pro se by Lee E. Dismuke is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J. Order entered.

Wallace D. Pratt v. Josephine G. Pratt; Warren Chancery Court; LC Case #: 2001-429GN; Ruling Date: 12/29/2005; Ruling Judge: Vicki Barnes; Disposition: Petition for writ of certiorari filed by counsel for Wallace Pratt is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J. Order entered.

W. Warren Callicutt v. Professional Services of Potts Camp, Inc. and Diane G. Taylor; Marshall Circuit Court; LC Case #: M 2005-020; Ruling Date: 03/28/2006; Ruling Judge: Henry Lackey; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., would grant.

Anthony J. Hudson v. Elizabeth Palmer d/b/a Precision Quick Lube; Robert Palmer; Brierfield Insurance Company; Laurel Leader-Call Newspaper; Community Newspaper Holdings, Inc.; and Brian Livingston; Jones Circuit Court 2nd District; LC Case #: 2005-37-CV3; Ruling Date: 05/23/2006; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed pro se by Anthony J. Hudson is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ. Not Participating: Dickinson, J. Order entered.

Michael James McDonald v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-05-00068; Ruling Date: 05/24/2006; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed pro se by Michael James McDonald is denied. To Deny: All Justices. Order entered.

James Moffett v. Howard Industries, Inc.; Jones Circuit Court 2nd District; LC Case #: 2006-69-CV1; Ruling Date: 07/21/2006; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by James Moffett is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Randolph, J. Order entered.

Patricia A. Sherman v. Mississippi Employment Security Commission; Jackson Circuit Court; LC Case #: CI-2006-00,159(2); Ruling Date: 10/03/2006; Ruling Judge: Kathy Jackson; Disposition: Motion to Suspend Rules in Order to Allow Appellant to File Reply Brief or, in the alternative, Motion for Rehearing of Appellant's Motion for Additional Time in which to file Reply Brief is granted. The Clerk of this Court is directed to file the reply brief submitted by appellant. Smith, C.J., Waller, P.J., Easley and Carlson, JJ., would deny. Order entered.

Undrea O. Minor v. State of Mississippi; Newton Circuit Court; LC Case #: 03-CR-018-NW-G; Ruling Judge: Marcus Gordon; Disposition: "Petition for Re-Hearing," [sic] which is in the nature of a motion for reconsideration, filed by counsel for Undrea Minor is denied. Diaz, P.J., and Graves, J., would grant. Order entered.

The Mississippi Bar v. Stephen B. Catron; Disposition: Motion to Dismiss without Prejudice the Formal Complaint filed by The Mississippi Bar is granted. The Formal Complaint and this disciplinary proceeding are dismissed without prejudice with The Mississippi Bar to bear its own costs. Lamar, J., for the Court. Order entered.

The Citizens Bank of Philadelphia v. Stephen H. Hindman; Hinds Circuit Court 1st District; LC Case #: 251-02-1660CIV; Ruling Date: 11/01/2007; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by counsel for The Citizens Bank of Philadelphia is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Dickinson, Randolph and Lamar, JJ. To Grant: Carlson and Graves, JJ. Order entered.

Bonnie Horton v. Samuel L. Johnson; Humphreys Circuit Court; LC Case #: 2007-0112; Ruling Date: 12/27/2007; Ruling Judge: Kenneth Burns; Disposition: Petition for Permission to File Interlocutory Appeal and to stay January 3, 2008 trial filed by counsel for Bonnie Horton is denied. The stay of the circuit court proceedings is hereby lifted. Smith, C.J., Carlson, Graves and Randolph, JJ., would grant. Dickinson, J., would dismiss as untimely. Order entered.