02/28/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2006-CA-00320-SCT

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Majority Opinion: Waller, P.J. Disposition: Affimed in Part. The motion to dismiss is granted. The mother's appeal of the chancery court's judgment is hereby dismissed unless the mother surrenders custody of the children to the Clarke County Department of Human Services, submits herself to the jurisdiction of the Clarke County Chancery Court, files proof of compliance with these conditions with this Court, and shows good cause to this Court to reinstate her appeal, all within forty (40) days from the date of this opinion. A stay of this Court's mandate is hereby entered and will remain in force for forty (40) days from the date of this opinion. If these conditions are not met, the stay shall lift automatically and the mandate shall issue forthwith from this Court. Appellants taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Randolph, J., not participating.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part, Reversed and Rendered in Part, Reversed and Remanded in Part, and Vacated and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson and Lamar, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Randolph, J., not participating.

A. Jennings Cox, Jr. v. Margaret Louise (Peggy) Cox; Lowndes Chancery Court; LC Case #: 27,418-B; Ruling Date: 07/29/2006; Ruling Judge: Kenneth Burns; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Roger A. Carroll v. Anna F. Carroll; Monroe Chancery Court; LC Case #: 2003-490-48-L; Ruling Date: 02/01/2005; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by Roger A. Carroll is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ. To Grant: Dickinson, J. Order entered.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: On the Court's own motion, Case Nos. 2006-CA-00320 and 2006-CA-00735 are hereby severed and this Court shall render separate opinions on the merits of each. Randolph, J., not participating. Order entered.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Motion to Strike the mother's notice of appeal is granted. See Opinion of this Court handed down this date. Randolph, J., not participating.

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: Motion for Reconsideration of Court's Denial of Appellant's Petition for Certiorari as being Untimely and/or in the Alternative a Motion to Suspend Rules and Hear Appellant's Motion Out of Time is denied. Order entered.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Disposition: On the Court's own motion, Case Nos. 2006-CA-00320 and 2006-CA-00735 are hereby severed and this Court shall render separate opinions on the merits of each. Randolph, J., not participating. Order entered.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Disposition: Motion to Strike the mother's notice of appeal is granted. See Opinion of this Court handed down this date. Randolph, J., not participating.

William Golden, Jr. a/k/a William Howard Golden, Jr. v. State of Mississippi; Clay Circuit Court; LC Case #: 8741; Ruling Date: 04/12/2006; Ruling Judge: James Kitchens, Jr.; Disposition: William Golden's pro se pleading entitled "Petition for Writ of Certiorari" is dismissed as not properly before this Court. Order entered.

Timothy Edward Myers v. State of Mississippi; Jackson Circuit Court; LC Case #: 95-10810(3); Ruling Date: 11/29/2005; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed pro se by Timothy Edward Myers is denied. To Deny: All Justices. Order entered.

Willie C. Johnson v. Brandy N. Thomas, a Minor, by and through Her Next Friend, John Polatsidis; Winston Circuit Court; LC Case #: 2005-CV-136; Ruling Date: 06/15/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Brandy N. Thomas, a minor, by and through her next friend, John Polatsidis is granted. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Easley and Graves, JJ. Order entered.

Christopher Cornielus Moore a/k/a Christopher Moore a/k/a Christopher C. Moore v. State of Mississippi; Lee Circuit Court; LC Case #: CV06-153(PF)L; Ruling Date: 08/24/2006; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed pro se by Christopher Cornielus Moore is dismissed as untimely filed. To Dismiss as Untimely Filed: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ. To Deny: Randolph, J. Order entered.

A. Jennings Cox, Jr. v. Margaret Louise (Peggy) Cox; Lowndes Chancery Court; LC Case #: 27,418-B; Ruling Date: 07/29/2006; Ruling Judge: Kenneth Burns; Disposition: Appellee's Motion to Strike Portion of Appellant's Record Excerpts is denied. Order entered.

Mark Albert, Individually and as Representative of the Wrongful Death Beneficiaries of Kyla Albert, Deceased v. Scott's Truck Plaza, Inc., incorrectly named as Ronny Huddnal and Dorothy Huddnal, a Partnership, doing business as Scott's Amoco, Longspur, L.P., and Burns and Burns, Inc.; Lauderdale Circuit Court; LC Case #: 04-CV-151(R); Ruling Date: 11/27/2006; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Randolph, J., Dissents With Separate Written Opinion Joined by Diaz, P.J.; Easley, J. Joins In Part. Dissenting Opinion: Randolph, J. Votes: Diaz, P.J., Joins This Opinion. Easley, J., Joins This Opinion in Part.

Franklin County Memorial Hospital v. Mississippi Farm Bureau Mutual Insurance Company; Franklin Circuit Court; LC Case #: 04-CV013; Ruling Date: 12/21/2006; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents with Separate Written Opinion. Dissenting Opinion: Easley, J.

Mississippi Commission on Judicial Performance v. Nicki M. Boland; LC Case #: 2005-261/262; Ruling Date: 03/21/2007; Ruling Judge: Franklin Coleman; Disposition: Nicki M. Boland's Motion to Dismiss Appeal is denied. Smith, C.J., Waller and Diaz, P.JJ., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Nicki M. Boland; LC Case #: 2005-261/262; Ruling Date: 03/21/2007; Ruling Judge: Franklin Coleman; Majority Opinion: Easley, J. Disposition: Judge Nicki M. Boland, Justice Court Judge for Hinds County, District One, shall be publicly reprimanded, in open court, when the venire panel meets by the Presiding Judge of the Hinds County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed costs in the amount of $4,108.42. Judge Nicki M. Boland taxed with costs of appeal. Votes: Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Carlson, J., Specially Concurs With Separate Written Opinion Joined In Part by Graves, J. Smith, C.J., Waller and Diaz, P.JJ., not participating. Specially Concurring Opinion: Carlson, J. Votes: Graves, J., Joins This Opinion in Part.

Mississippi Commission on Judicial Performance v. Judy Case Martin; Disposition: Petition for Interim Suspension of Judy Case Martin from the office of Justice Court Judge for Lincoln County filed by the Mississippi Commission on Judicial Performance is granted. Judy Case Martin is suspended from all duties as Justice Court Judge for Lincoln County, Mississippi, until such time as the formal complaint against her filed by the Mississippi Commission on Judicial Performance has been fully resolved, or until further order of this Court. This order shall not preclude further action by the Commission. The Clerk of this Court is hereby directed to forthwith deliver true certified copies of this order to the Chancery Clerk of Lincoln County and the Clerk of the Lincoln County Justice Court. Easley and Graves, JJ., would dismiss the Petition for Interim Suspension as Moot. Diaz, P.J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Judy Case Martin; Majority Opinion: Waller, P.J. Disposition: Petition for Interim Suspension of Judy Case Martin from the office of Justice Court Judge for Lincoln County filed by the Mississippi Commission on Judicial Performance is granted. Judy Case Martin is suspended from all duties as Justice Court Judge for Lincoln County, Mississippi, until such time as the formal complaint against her filed by the Mississippi Commission on Judicial Performance has been fully resolved, or until further order of this Court. This order shall not preclude further action by the Commission. The Clerk of this Court is hereby directed to forthwith deliver true certified copies of this order to the Chancery Clerk of Lincoln County and the Clerk of the Lincoln County Justice Court. Judy Case Martin taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Easley and Graves, JJ., would dismiss the Petition for Interim Suspension as Moot. Diaz, P.J., not participating.