03/01/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-KA-02261-SCT

Christopher Johnson a/k/a Chris Johnson v. State of Mississippi; Copiah Circuit Court; LC Case #: 2005-0175-CR; Ruling Date: 11/29/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, J. Disposition: Conviction of the Sale of Cocaine and Sentence of Thirty (30) Years, with Eighteen (18) Years to serve, Twelve (12) Years Suspended and Five (5) Years on Post-Release Supervision, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Copiah County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only.

Mississippi Insurance Guaranty Association v. Kyndall Cole, a Minor, by and through Wendy Dillon as Next Friend and Natural Mother; Pike Circuit Court; LC Case #: 02-249-A; Ruling Date: 11/10/2005; Ruling Judge: Michael Taylor; Consolidated with 2005-IA-02246-SCT Southwest Mississippi Regional Medical Center v. Kyndall Cole, a Minor by and through Wendy Dillon as Next Friend and Natural Mother; Pike Circuit Court; LC Case #: 02-249-A; Ruling Date: 11/10/2005; Ruling Judge: Michael Taylor; Majority Opinion: Easley, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., and Graves, J., not participating.

Timothy Stubblefield a/k/a Cat Eye or Tim v. State of Mississippi; Neshoba Circuit Court; LC Case #: 05-CR-0009-NS-C; Ruling Date: 11/17/2005; Ruling Judge: V. Cotten; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of Gratification of Lust and Sentence of Fifteen (15) Years, with Five (5) Years Suspended, Leaving Ten (10) Years to serve, with conditions, in the custody of the Mississippi Department of Corrections, and Payment of a fine of $5,000.00, Affirmed. Neshoba County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Brenda Savory v. First Union National Bank of Delaware; Leflore Circuit Court; LC Case #: 2001-022CI; Ruling Date: 10/15/2002; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Part and in Result Without Separate Written Opinion.

In Re: The Mississippi Access to Justice Commission; Disposition: On the Court's own motion, the MAJC is hereby authorized and empowered to organize and conduct such regional public discussions, which should include (1) testimony from witnesses who agree to testify, as may be selected by the MAJC; (2) presentations from experts selected by the MAJC; (3) testimony and comment from members of the public; and (4) such other presentations as may be agreeable to the MAJC. These public discussions shall be held in each of Mississippi's four Congressional districts. The MAJC shall record the information provided at each of the public discussions, either by transcript or in summary form, shall make findings and recommendations supported by such information, and report its findings and recommendations to this Court. Order entered.

Quang Thanh Tran v. State of Mississippi; Rankin Circuit Court; LC Case #: 15310; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Consolidated with 2004-CT-00369-SCT Johnson Quoc Nguyen v. State of Mississippi; Rankin Circuit Court; LC Case #: 15311; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Quang Thanh Tan is granted. To Grant: Waller, P.J., Diaz, Graves and Dickinson, JJ. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson and Randolph, JJ. Order entered.

Quang Thanh Tran v. State of Mississippi; Rankin Circuit Court; LC Case #: 15310; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Consolidated with 2004-CT-00369-SCT Johnson Quoc Nguyen v. State of Mississippi; Rankin Circuit Court; LC Case #: 15311; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Cobb, P.J., Diaz, Dickinson and Randolph, JJ. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Graves, JJ. Order entered.

Johnson Quoc Nguyen v. State of Mississippi; Rankin Circuit Court; LC Case #: 15311; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Consolidated with 2004-CT-00368-SCT Quang Thanh Tran v. State of Mississippi; Rankin Circuit Court; LC Case #: 15310; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Quang Thanh Tan is granted. To Grant: Waller, P.J., Diaz, Graves and Dickinson, JJ. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson and Randolph, JJ. Order entered.

Johnson Quoc Nguyen v. State of Mississippi; Rankin Circuit Court; LC Case #: 15311; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Consolidated with 2004-CT-00368-SCT Quang Thanh Tran v. State of Mississippi; Rankin Circuit Court; LC Case #: 15310; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Cobb, P.J., Diaz, Dickinson and Randolph, JJ. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Graves, JJ. Order entered.

Patrick Dean Lattimer v. State of Mississippi; Walthall Circuit Court; LC Case #: 2003-91-B; Ruling Date: 04/09/2004; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by Patrick Dean Lattimer is denied. To Deny: All Justices. Order entered.

James Leslie Henderson v. Stacey Gordon Henderson; Madison Chancery Court; LC Case #: 2002-058; Ruling Date: 05/28/2004; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed by James Leslie Henderson is denied. To Deny: All Justices. Order entered.

Deric Bailey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2002-0-717; Ruling Date: 05/13/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Deric Bailey is denied. To Deny: All Justices. Order entered.

Deric Bailey v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2002-0-717; Ruling Date: 05/13/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Order entered.

George Paz and Joseph P. Harris, et al. v. Brush Engineered Materials, Brush Wellman, Inc., Wess-Del, Inc. and The Boeing Company; LC Case #: 05-60157; Ruling Date: 04/07/2006; Disposition: Motion for rehearing filed by appellants is denied. Diaz and Graves, JJ., would grant. Cobb, P.J., and Randolph, J., not participating.

In Re: William C. Bell; Hinds Chancery Court 1st District; Ruling Judge: Denise Owens; Majority Opinion: Dickinson, J. Disposition: Temporary Restraining Order of November 4, 2006, is Vacated. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Concur. Randolph, J., Concurs in Result Only. Diaz, J., Dissents With Separate Written Opinion. Smith, C.J., Easley, Carlson and Graves, JJ., not participating. Dissenting Opinion: Diaz, J.