03/09/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
  2004-KA-01954-SCT

Jason John Rosier a/k/a Jay v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR03-082; Ruling Date: 09/16/2004; Ruling Judge: Paul Funderburk; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Count I: Conviction of Fondling and Sentence of Fifteen (15) Years in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run concurrently with the sentence imposed in Count IV of this cause. Count II: Conviction of Sexual Battery and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run consecutively to the sentence imposed in Count II of this cause. Count IV: Conviction of Statutory Rape and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run consecutively to sentences imposed in Counts II and III of this cause and shall run concurrently with the sentence imposed in Count I of this cause. Count V: Conviction of Kidnapping and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run consecutively to sentences imposed in Counts II, III and IV of this cause. Tishomingo County taxed with costs of this appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Homan McFarling v. Jimmy Sanders, Inc.; Pontotoc Circuit Court; LC Case #: CV-01-048R(PO); Ruling Date: 12/03/2004; Ruling Judge: Paul Funderburk; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz and Carlson, JJ., not participating.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: The Motion for Rehearing filed by counsel for the petitioner is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Petition for Post-Conviction Relief, Denied. Diaz, Easley and Graves, JJ., not participating.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: Willie Jerome Manning's Renewed Motion for Review of Lower Court's Refusal to Address Discovery Motions is denied. Diaz, Easley and Graves, JJ., not participating. Order entered.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Petition for Post-Conviction Relief, Denied. Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Diaz, Easley and Graves, JJ., not participating.

Elliot Culp v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,607; Ruling Date: 03/20/2002; Ruling Judge: Jannie Lewis; Disposition: Motion for Rehearing filed pro se by Elliot Culp is denied. Diaz and Dickinson, JJ., not participating.

Kareem Latrell Baldwin a/k/a Trell Baldwin v. State of Mississippi; Adams Circuit Court; LC Case #: 01-KR-0045B-J; Ruling Date: 10/31/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for Writ of Certiorari filed pro se by Kareen Latrell Baldwin 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.

Billy Allen McCamey v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0708-CR1; Ruling Date: 12/11/2003; Ruling Judge: Lee Howard; Disposition: Petition for Writ of Certiorari filed by Billy Allen McCamey 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.

Joe Broome v. Mississippi Employment Security Commission and Mississippi College; Hinds Circuit Court 2nd District; LC Case #: 2003-21; Ruling Date: 02/06/2004; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Rehearing filed by counsel for Joe Broome is actually a Motion to Re-Tax Costs, and will be treated as such by this Court. Motion to Re-Tax Costs is granted and Joe Broome is not assessed costs. Diaz, J., not participating. Order entered.

Gibson Sims and Carol Sims v. Bear Creek Water Association; Madison Circuit Court; LC Case #: CI-2002-0224; Ruling Date: 03/04/2004; Ruling Judge: William Chapman, III; Disposition: Petition for Writ of Certiorari filed by counsel for Gibson Sims and Carol Sims 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.

Mississippi Commission on Judicial Performance v. Judy Case Martin; LC Case #: 2003-225/288; Ruling Date: 02/23/2005; Ruling Judge: Patricia Wise; Disposition: Motion for Rehearing filed by counsel for petitioner is denied. Diaz, J., not participating.

Floyd Williams, Jr. v. Donald Bennett, Individually and d/b/a Krosstown Trade & Pawn Shop; Coahoma Circuit Court; LC Case #: 14-CI-04-0044; Ruling Date: 09/27/2004; Ruling Judge: Albert Smith, III; Disposition: Motion for Rehearing filed by appellant is denied. Diaz, J., not participating.

Derrick Demond Walker v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-693; Ruling Date: 06/06/2003; Ruling Judge: Paul Funderburk; Disposition: Motion to Hold Post-Conviction Proceedings in Abeyance due to Petitioner's Incompetency filed by petitioner is granted. This matter is remanded to the Lee County Circuit Court for a determination of petitioner's competence to proceed before this Court on the matter of post-conviction relief. All proceedings before this Court on this matter are stayed pending the circuit court's determination on this matter. Easley, J., would deny. Diaz, J., not participating. Order entered.

Mississippi United Methodist Conference v. Telaya Brown; Hinds Circuit Court 1st District; LC Case #: 251-02-1027 CIV; Ruling Date: 10/25/2005; Ruling Judge: Tomie Green; Majority Opinion: Smith, C.J. Disposition: Petition of Mississippi United Methodist Conference for Disqualification of Trial Judge and for Stay of State Court Action Pending Appeal, Granted. Votes: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.