03/22/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2005-KA-02040-SCT

Tyrone Luckett v. State of Mississippi; Madison Circuit Court; LC Case #: 2004-5033; Ruling Date: 05/04/2005; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Conviction of Possession of Cocaine, more than one-tenth (.10) gram but less than two (2) grams and Sentence of Sixteen (16) Years in the Custody of the Mississippi Department of Corrections, Pursuant to Miss. Code Ann., Section 41-29-147, and Payment of $3,450.00 for cost of jury and court cost fees and $246.00 for assessments, with conditions, Affirmed. Madison County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., not participating.

Forster Ruhl v. John Walton; Panola Circuit Court 1st District; LC Case #: CV2005-75-BP1; Ruling Date: 01/04/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., Dissent Without Separate Written Opinion. Cobb, P.J., not participating.

Bobby Taylor v. State of Mississippi; Warren Circuit Court; LC Case #: 03,02370-CRV; Ruling Date: 04/21/2004; Ruling Judge: Frank Vollor; Majority Opinion: Diaz, J. Disposition: Conviction of Aggravated Assault and Sentence of Fifteen (15) Years, with Ten (10) Years to Serve, the Remainder Suspended and with Five (5) Years Post Release Supervision in the Custody of the Mississippi Department of Corrections, with conditions, Affirmed. Warren County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Brian A. Bailey and Janet M. Bailey Lapp v. The Estate of William G. Kemp, Deceased, Joe Karr, Executor, Andrew T. Moses, Jr. and Martha Kemp; Marshall Chancery Court; LC Case #: 98-0304; Ruling Date: 07/15/2005; Ruling Judge: Timothy Ervin; Majority Opinion: Diaz, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part. On Cross-Appeal: Affirmed. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Cobb, P.J., not participating.

Jackson State University; Board of Trustees of State Institutions of Higher Learning; Richard A. Crofts, Interim Commissioner v. Upsilon Epsilon Chapter of Omega Psi Phi Fraternity, Inc., Kenneth Hair, Basileus, and Individually, and Anthony Hales, Individually; Hinds Circuit Court 1st District; LC Case #: 251-05-951; Ruling Date: 10/12/2005; Ruling Judge: Winston Kidd; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., not participating.

Bayview Land, Ltd., a Nevada Corporation, and Imperial Palace of Mississippi, Inc., a Nevada Corporation; Treasure Bay LLC, June S. Mladinich and Mladinich Family Limited Partnership v. State of Mississippi by and through Eric Clark in His Official Capacity as Secretary of State as Trustee of Public Tidelands Trust; Tal Flurry, Individually and in His Official Capacity as Tax Assessor of Harrison County, Mississippi; David V. Larosa, Sr., in His Official Capacity as Tax Collector of Harrison County, Mississippi; the Board of Supervisors of Harrison County, Mississippi in Their Official Capacity; City of Biloxi, Mississippi, and the Biloxi Municipal Separate School District; Harrison Chancery Court 2nd District; LC Case #: C2402-98-389; Ruling Date: 06/22/2004; Ruling Judge: Donald Patterson; Disposition: Motion for rehearing filed by Bayview Land, LTD and Imperial Palace of Mississippi, Inc., for partial rehearing is denied. Cobb, P.J., and Dickinson, J., not participating.

Bayview Land, Ltd., a Nevada Corporation, and Imperial Palace of Mississippi, Inc., a Nevada Corporation; Treasure Bay LLC, June S. Mladinich and Mladinich Family Limited Partnership v. State of Mississippi by and through Eric Clark in His Official Capacity as Secretary of State as Trustee of Public Tidelands Trust; Tal Flurry, Individually and in His Official Capacity as Tax Assessor of Harrison County, Mississippi; David V. Larosa, Sr., in His Official Capacity as Tax Collector of Harrison County, Mississippi; the Board of Supervisors of Harrison County, Mississippi in Their Official Capacity; City of Biloxi, Mississippi, and the Biloxi Municipal Separate School District; Harrison Chancery Court 2nd District; LC Case #: C2402-98-389; Ruling Date: 06/22/2004; Ruling Judge: Donald Patterson; Disposition: Motion for rehearing filed by State of Mississippi is denied. Cobb, P.J., and Dickinson, J., not participating.

Bayview Land, Ltd., a Nevada Corporation, and Imperial Palace of Mississippi, Inc., a Nevada Corporation; Treasure Bay LLC, June S. Mladinich and Mladinich Family Limited Partnership v. State of Mississippi by and through Eric Clark in His Official Capacity as Secretary of State as Trustee of Public Tidelands Trust; Tal Flurry, Individually and in His Official Capacity as Tax Assessor of Harrison County, Mississippi; David V. Larosa, Sr., in His Official Capacity as Tax Collector of Harrison County, Mississippi; the Board of Supervisors of Harrison County, Mississippi in Their Official Capacity; City of Biloxi, Mississippi, and the Biloxi Municipal Separate School District; Harrison Chancery Court 2nd District; LC Case #: C2402-98-389; Ruling Date: 06/22/2004; Ruling Judge: Donald Patterson; Disposition: Motion for rehearing filed by Harrison County Board of Supervisors is denied. Cobb, P.J., and Dickinson, J., not participating.

Bayview Land, Ltd., a Nevada Corporation, and Imperial Palace of Mississippi, Inc., a Nevada Corporation; Treasure Bay LLC, June S. Mladinich and Mladinich Family Limited Partnership v. State of Mississippi by and through Eric Clark in His Official Capacity as Secretary of State as Trustee of Public Tidelands Trust; Tal Flurry, Individually and in His Official Capacity as Tax Assessor of Harrison County, Mississippi; David V. Larosa, Sr., in His Official Capacity as Tax Collector of Harrison County, Mississippi; the Board of Supervisors of Harrison County, Mississippi in Their Official Capacity; City of Biloxi, Mississippi, and the Biloxi Municipal Separate School District; Harrison Chancery Court 2nd District; LC Case #: C2402-98-389; Ruling Date: 06/22/2004; Ruling Judge: Donald Patterson; Disposition: Motion for rehearing filed by Treasure Bay, LLC is denied. Cobb, P.J., and Dickinson, J., not participating.

Jordan Kyle Smith, a Minor, by and through His Natural Mother and Next Friend, Stephanie Smith v. Gilmore Memorial Hospital, Inc. and Gilmore Health Systems, Inc.; Monroe Circuit Court; LC Case #: CV02-504-PF-M; Ruling Date: 01/19/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Circuit Court of Monroe County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents With Separate Written Opinion Joined by Diaz, J. Cobb, P.J., not participating. Dissenting Opinion: Easley, J. Votes: Diaz, J., Joins This Opinion.

Michelle Fradella and GBS Properties, LLC, d/b/a Prudential Gardner Realtors ("Prudential Gardner") v. James E. Seaberry and Wife, Rosella M. Seaberry; Pearl River Chancery Court; LC Case #: 04-0437GN-D; Ruling Date: 02/01/2005; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Chancery Court of Pearl River County is Reversed, and this case is Remanded to that court with directions to compel the parties to submit to arbitration consistent with this opinion. James E. Seaberry and Rosella M. Seaberry taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Graves, J. Cobb, P.J., not participating. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

James C. Pearson, Sr. a/k/a James Clarence Pearson, a/k/a "Johnny" v. State of Mississippi; Clarke Circuit Court; LC Case #: 2004-115(R); Ruling Date: 01/20/2005; Ruling Judge: Robert Bailey; Disposition: Petition for Writ of Certiorari filed pro se by James C. Pearson is dismissed pursuant to M.R.A.P. 17(b). Order entered.

Trowbridge Partners, L.P., a Mississippi Limited Partnership; Phil Moore; and Neal Clement v. Mississippi Transporation Commission; Madison Special Court of Eminent Domain; LC Case #: CO-2004-0373-01; Ruling Date: 09/07/2005; Ruling Judge: William Agin; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only. Cobb, P.J., and Graves, J., not participating.

Irma Cohen Johnson v. Gutti Rao, M.D.; Grenada Circuit Court; LC Case #: 2004-0626; Ruling Date: 10/07/2005; Ruling Judge: C. Morgan, III; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, J. Cobb, P.J., not participating. Dissenting Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion.

The Mississippi Bar v. Judith Kristie Smith-Miller; Disposition: On the Court's own motion, Judith Kristie Smith-Miller is disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Judith Kristie Smith-Miller is taxed with all costs of this appeal. Order entered.

The Mississippi Bar v. Judith Kristie Smith-Miller; Majority Opinion: Carlson, J. Disposition: Judith Kristie Smith-Miller is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Judith Kristie Smith-Miller taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur.