02/22/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2005-IA-00125-SCT

Rogers-Dabbs Chevrolet-Hummer, Inc. v. Keith Blakeney, Individually and on Behalf of Southern Industrial Contractors, Inc.; Jasper Circuit Court 2nd District; LC Case #: 24-0034; Ruling Date: 12/17/2004; Ruling Judge: Robert Evans; Majority Opinion: Carlson, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Concur in Result Only. Smith, C.J., not participating.

Michael Ivy v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0516-CR1; Ruling Date: 12/01/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Easley, J. Disposition: Count I: Conviction of sexual battery as a habitual offender and sentence of life imprisonment in the custody of the Mississippi Department of Corrections and payment of a fine of $10,000, Affirmed. Count II: Conviction of fondling as a habitual offender and sentence of fifteen (15) Years in the custody of the Mississippi Department of Corrections and payment of a fine of $5,000, Affirmed. Said sentences shall not be reduced, suspended, nor shall the appellant be eligible for parole or probation. Sentence in Count II shall run consecutively with the sentence in Count I. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

In Re: Local Rules; Disposition: Petition for Approval of Local Rules filed by the Chancellors of the Sixth Chancery Court District is granted. The revised local rules shall replace any and all former local rules of the Sixth Chancery District Court and are attached to the order as Exhibit "A". The Clerk of this Court shall spread this order upon the minutes of the Court and shall 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) and for publication in the Mississippi Rules of Court. To Grant: All Justices. Order entered.

In Re: Local Rules; Disposition: Petition for Amendment of Local Rules filed by the Chancellors of the First Chancery Court District is granted. The revised local rules shall replace any and all former local rules of the First Chancery Court District and are attached to the order as Exhibit "A". The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy of the order with the exhibit to West Publishing Company for publication in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and for publication in the Mississippi Rules of Court. To Grant: All Justices. Order entered.

Xavier Brown v. State of Mississippi; Lamar Circuit Court; LC Case #: 99K-909P; Ruling Date: 06/20/2002; Ruling Judge: Keith Starrett; Disposition: Motion for rehearing filed by petitioner is denied.

Roy Gilbert v. Martha Jean Ireland; Bolivar Circuit Court 1st District; LC Case #: 95-0012; Ruling Date: 10/30/2003; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by Martha Jean Ireland is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Cobb, P.J., Diaz and Graves, JJ. Order entered.

Davis Island Land Co., LLC v. Vicksburg Warren School District and the State of Mississippi; Warren Chancery Court; LC Case #: 2004-175GN; Ruling Date: 12/07/2004; Ruling Judge: Marie Wilson; Disposition: Petition for writ of certiorari filed by appellant was granted by order of this Court on November 2, 2006. The Court finds the petition was improvidently granted and should be dismissed. Petition for writ of certiorari filed by appellant is dismissed. Appellant taxed with all costs of appeal. To Dismiss. All Justices. Cobb, P.J., for the Court. Order entered.

Ricky C. Miles and Christy M. Young v. Tony L. Miles; Webster Chancery Court; LC Case #: 2003-81-C; Ruling Date: 12/14/2004; Ruling Judge: Dorothy Colom; Disposition: Petition for writ of certiorari filed by Ricky C. Miles and Christy M. Young is denied. To Deny: All Justices. Order entered.

Robert Lee Perry v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2004-141-B-P2; Ruling Date: 03/04/2005; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by counsel for Robert Lee Perry is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Diaz and Graves, JJ. Order entered.

Salvador Arceo, M.D. and St. Dominic - Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, Individually, and on Behalf of the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-518 CIV; Ruling Date: 03/03/2005; Ruling Judge: Bobby DeLaughter; Disposition: Appellee's Motion to Strike Appellants' Motion for Clarification, Amendment or Modification of Judgment is denied. To Deny: All Justices. Appellants' Motion for Clarification, Amendment or Modification of Judgment is denied. Cobb, P.J., would grant. Order entered.

Covenant Health Rehab of Picayune, L.P., Its Successor and Interest of Picayune Partners, L.P., d/b/a Picayune Convalescent Center; Covenant Dove, Inc.; and Keri Ladner v. Barbara N. Brown, Margaret Grace and Sharon Goss on Behalf of the Wrongful Death Beneficiaries of Bernice Brown; Pearl River Circuit Court; LC Case #: 2005-0150; Ruling Date: 10/24/2005; Ruling Judge: R. Prichard, III; Majority Opinion: Smith, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Waller, P.J., Concurs in Part. Diaz, J., Dissents with Separate Written Opinion Joined by Graves, J. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller, P.J., and in Part by Diaz, J. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Waller, P.J., Joins This Opinion. Diaz, J., Joins This Opinion in Part.