03/03/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
  2003-CA-02513-SCT

Dana Haguewood, and Scott Haguewood, individually and as husband and wife; and Dana Haguewood and Scott Haguewood as next friends of Simmons and Sara Scott Haguewood v. Connecticut Indemnity Company; Lee Circuit Court; LC Case #: CV02-366(B)L; Ruling Date: 11/05/2003; Ruling Judge: Sharion Aycock; Majority Opinion: Dickinson, J. Disposition: Per Curiam Affirmance Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

In the Matter of the Last Will and Testament of Ernest W. Smith, Deceased: Frank Smith and Clifford Smith, Administrator C.T. A. v. Floyd W. Smith; George Chancery Court; LC Case #: 97-0333; Ruling Date: 03/05/2003; Ruling Judge: Pat Watts, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Citifinancial, Inc., et al. v. Yvonne Moody, et al.; Jones Circuit Court 2nd District; LC Case #: 2002-294-CV9; Ruling Date: 10/28/2003; Ruling Judge: Billy Landrum; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Whitehall Water Association, Inc. v. William R. Knighton; Winston Circuit Court; LC Case #: 2001-162CV; Ruling Date: 01/08/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Zacharia Chase Dambrell v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,633(3); Ruling Date: 08/17/2001; Ruling Judge: Dale Harkey; Disposition: Motion to Rescind Pickup Notice of 2/23/2005 filed by appellant is granted. Diaz, J., not participating. Order entered.

Zacharia Chase Dambrell v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,633(3); Ruling Date: 08/17/2001; Ruling Judge: Dale Harkey; Majority Opinion: Easley, J. Disposition: The Judgment of the Court of Appeals is Reversed. Conviction of Armed Robbery and Sentence of Six (6) Years, with the last Three (3) Years Post Release, in the Custody of the Mississippi Department of Corrections, with Conditions, Together with Payment of a Fine of $1,000.00, all Costs and Attorney Fees, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Dickinson, J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Dickinson, J.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: State's Motion to Strike Portions of Appellant's Reply Brief is denied. Smith, C.J., Diaz and Graves, JJ., not participating. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: Appellant's Reply to Motion to Strike and in the Alternative Rule 10(e) Motion to Remand for Supplementation and/or Rule 14 Request for Order Prescribing How Evidence is to be Presented and/or Order Explaining Appellate Counsel's Obligation under Rule 22(b), is denied. Smith, C.J., Diaz and Graves, JJ., not participating. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: State's Motion to Strike Exhibit "A" to Appellant's Brief and Objection to Appellant's Motion to Supplement is denied. Smith, C.J., Diaz and Graves, JJ., not participating. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: Motion to Supplement Appellant's Exhibits is granted. Smith, C. J., Diaz and Graves, JJ., not participating. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Majority Opinion: Dickinson, J. Disposition: Conviction of Capital Murder (Three Counts) and Sentence of Death by Lethal Injection, Affirmed. Jackson County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Smith, C.J., Diaz and Graves, JJ., not participating.

James D. Boggan a/k/a James Douglas Boggan v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 385-01; Ruling Date: 11/21/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for James D. Boggan is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Charles William Morris v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2001-162; Ruling Date: 11/07/2002; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Charles William Morris is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Patricia Purnell v. The Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-00-000530-CIV-SY; Ruling Date: 03/13/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Patricia Purnell is denied. To Deny: Smith, C.J., Cobb, P.J., Carlson, Graves and Dickinson, JJ. To Grant: Waller, P.J., Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

James Jerome Irby a/k/a James J. Irby a/k/a "Mike" v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 077-03; Ruling Date: 05/23/2003; Ruling Judge: Larry Roberts; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Stephanie Howard, Executrix of the Estate of Gerald Donald v. TotalFina E&P USA, Inc. (Fina Oil and Chemical Company); Murphy Oil USA, Inc.; ARCO Oil and Gas Company; Atlantic Richfield; Amoco Production Company; Vintage Petroleum, Inc.; Anadarko Petroleum Corporation (Champlin Petroleum Company-Union Pacific Resources); ExxonMobil; ORYX Energy Corporation; Union Oil Company of California; Bass Enterprises Production Company; Occidental Chemical; OXY USA., Inc. (Individually and as Successor in Interest to Cities Service Oil & Gas Corporation); Placid Oil Company; ConocoPhillips; Marathon Oil Company (Individually and as Successor in Interest to TXO Production Corp.); Tenneco Oil Company; Inexco Oil Company; Moon-Hines-Tigrett Operating Company, Inc.; Texaco Inc.; Four Star Oil and Gas Company (as Successor to Getty Oil Company); Chevron U.S.A., Inc.; Chevron Corporation; Shell Western Exploration & Production, Inc.; and Conquest Exploration Company; Wayne Circuit Court; LC Case #: 5-97-55; Ruling Date: 06/05/2003; Ruling Judge: Larry Roberts; Consolidated with 97-CA-01178-SCT Gerald Donald v. Amoco Production Company, Atlantic Richfield Company, Bass Enterprises Production Company, Champlin Petroleum Company, Chevron Corporation, Chevron U.S.A., Inc., Coho Resources, Inc., Conoco, Inc., Conquest Exploration Company, Exxon Corporation, Fina Oil and Chemical Company, Four Star Oil & Gas Company, Inexco Oil Company, Moon-Hines-Tigrett Operating Company, Inc., Mobil Oil Exploration & Producing Southeast, Inc., Murphy Oil USA, Inc., Oryx Energy Company, Oxy USA, Inc., Phillips Petroleum Company, Placid Oil Company, Shell Western E & P, Inc., Tenneco Oil Company, Texaco, Inc., Union Oil Company of California, and Vintage Petroleum, Inc.; Wayne Circuit Court; LC Case #: 59755CIV; Ruling Date: 09/09/1997; Ruling Judge: Larry Roberts; Majority Opinion: Smith, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Hill Brothers Construction & Engineering Company, Inc. v. Mississippi Transportation Commission; Hinds Circuit Court 1st District; LC Case #: 251-01-413CIV; Ruling Date: 09/12/2003; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Graves, JJ., Concur. Waller, P.J., Dissents with Separate Written Opinion Joined by Carlson and Dickinson, JJ. Diaz, J., not participating. Dissenting Opinion: Waller, P.J. Votes: Carlson and Dickinson, JJ., Join This Opinion.

Sharon Rankin, Carolyn Banks and Laura Johnson v. American General Finance, Inc.; Jefferson Circuit Court; LC Case #: 99-0048; Ruling Date: 06/19/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Dickinson, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.