03/23/2006 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure; Disposition: Motion of the Clerk of the Court for amendment of Rule 11(d)(1) and (2) of the Mississippi Rules of Appellate Procedure is granted. Rule 11(d)(1) and (2) of the Mississippi Rules of Appellate Procedure and the Comment thereto are amended as set forth in Exhibit "A" to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and a true certified copy shall be forwarded to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz, J. Order entered.

Johnny Lee Johnson v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2000-79P; Ruling Date: 02/21/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part, and the Judgment of the Circuit Court of Jefferson Davis County is Reinstated and Affirmed. Conviction of Sale of a Schedule II Controlled Substance (Cocaine- .1 Grams) and Sentence of Fifteen (15) Years, with Seven (7) Years to Serve and Eight (8) Years Suspended, With Conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence Shall Run Consecutively to the Sentence Appellant is Now Serving and Pay all Costs of Court in this Case and in Case Nos. K2000-68P and K2000-69P, with Payments to be made while on Post-Release Supervision. Jefferson Davis County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Richard Earl Kerns, Jr. and Howard Thomas McKinney v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0017-CRV; Ruling Date: 11/20/2002; Ruling Judge: Frank Vollor; Disposition: Motion for Rehearing filed by Howard Thomas McKinney is denied. Graves, J., would grant. Diaz, J., not participating.

Bildrick Jackson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2001-24384; Ruling Date: 08/16/2002; Ruling Judge: Richard Smith; Disposition: Petition for Writ of Certiorari filed by counsel for Bildrick Jackson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Alpha Janitorial & Paper Company v. Bobby Crawford d/b/a Crawford Nursing Home; Hinds Circuit Court 1st District; LC Case #: 251-01-1118; Ruling Date: 02/06/2004; Ruling Judge: Tomie Green; Disposition: Motion to Strike Alpha's Petition for Writ of Certiorari filed by counsel for Bobby Crawford d/b/a Crawford Nursing Home is granted. Petition of Alpha Janitorial & Paper Company for Writ of Certiorari to the Court of Civil Appeals is dismissed. Agree with this Order: Smith, C.J., Easley, Carlson, Dickinson and Randolph, JJ. Agree with Result Only: Cobb, P.J. Not Participating: Waller, P.J., Diaz and Graves, J. Order entered.

Alpha Janitorial & Paper Company v. Bobby Crawford d/b/a Crawford Nursing Home; Hinds Circuit Court 1st District; LC Case #: 251-01-1118; Ruling Date: 02/06/2004; Ruling Judge: Tomie Green; Disposition: Motion to Strike Alpha's Petition for Writ of Certiorari filed by counsel for Bobby Crawford d/b/a Crawford Nursing Home is granted. Petition of Alpha Janitorial & Paper Company for Writ of Certiorari to the Court of Civil Appeals is dismissed. Agree with this Order: Smith, C.J., Easley, Carlson, Dickinson and Randolph, JJ. Agree with Result Only: Cobb, P.J. Not Participating: Waller, P.J., Diaz and Graves, J. Order entered.

Brenda Demo Roberts v. William Frederick Roberts; DeSoto Chancery Court; LC Case #: 02-08-1175(L); Ruling Date: 09/24/2003; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for Writ of Certiorari filed by counsel for Brenda Demo Roberts 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.

Jonathan Anderson a/k/a Jonathan Allen Anderson v. State of Mississippi; Simpson Circuit Court; LC Case #: 2003-267-K; Ruling Date: 03/23/2004; Ruling Judge: Robert Evans; Disposition: Petition for Writ of Certiorari filed pro se by Jonathan A. Anderson is dismissed pursuant to M.R.A.P. 17(b). Order entered.

Dameon Gill v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0325; Ruling Date: 04/12/2004; Ruling Judge: Samac Richardson; Disposition: Petition for Writ of Certiorari filed pro se by Dameon Gill 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.

Franklin B. Liebling v. The Mississippi Bar; LC Case #: 2003B1003; Ruling Date: 06/29/2004; Majority Opinion: Randolph, J. Disposition: Franklin B. Liebling shall be publicly reprimanded. Franklin B. Liebling taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents with Separate Written Opinion. Diaz and Carlson, JJ., not participating. Dissenting Opinion: Easley, J.

Richard Hobgood a/k/a Ricky Buchanan Hobgood v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-064WSY; Ruling Date: 01/28/2004; Ruling Judge: W. Yerger; Majority Opinion: Cobb, P.J. Disposition: Conviction of Sexual Battery of a Child and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Graves, J.

The Commercial Bank, Kemper County, DeKalb, Mississippi v. James Hearn, Individually, as Administrator of the Estate of Princess Rosa Hearn, Deceased, as Natural Guardian and Next Friend of Paris A. Hearn, Jennifer R. Hearn, and Joshua Hearn, All Minors, and on Behalf of All Wrongful Death Beneficiaries and Statutory Heirs, Known and Unknown of Princess Rosa Hearn, Deceased, and Pattie A. Hearn; Lauderdale Circuit Court; LC Case #: 02-CV-268B; Ruling Date: 08/16/2004; Ruling Judge: Robert Bailey; Disposition: Motion for Rehearing filed by appellees is denied. Easley and Graves, JJ., would grant. Randolph and Diaz, JJ., not participating.

The University of Mississippi Medical Center, University Plastic Surgery Associates, and Dr. Michael Angel v. Rhonda McCoy; Hinds Circuit Court 1st District; LC Case #: 251-01-1443 CIV; Ruling Date: 11/08/2005; Ruling Judge: Tomie Green; Disposition: Motion to Reconsider Denial of Petition for Interlocutory Appeal and Stay of Proceedings filed by counsel for the petitioners 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.

Timothy Estes, M.D. v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-TS-00364-SCT Timothy Estes, M.D., Robert Crawford and Robert Judson Williams, CNP v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal and Emergency Request for Stay of the Trial Court Proceedings filed by counsel for Timothy Estes, M.D., in Cause No. 2006-M-00364 is granted. Petition for Interlocutory Appeal and Emergency Request to Stay and Motion to Consolidate filed by Estes in Cause No. 2006-M-00420 is granted. Cause No. 2006-M-00364 and Cause No. 2006-M-00420 are consolidated. The trial court proceedings in the Hinds County Circuit Court Civil Action No. 251-03-841CIV are stayed pending resolution of this appeal The Motion for Additional Time to Respond in Opposition filed by counsel for Frederica Brister is denied. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ. To Deny: Graves, J. Not Participating: Cobb, P.J., Diaz and Randolph, JJ. Order entered.

Timothy Estes, M.D. v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-TS-00364-SCT Timothy Estes, M.D., Robert Crawford and Robert Judson Williams, CNP v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal and Emergency Request for Stay of the Trial Court Proceedings filed by counsel for Timothy Estes, M.D., in Cause No. 2006-M-00364 is granted. Petition for Interlocutory Appeal and Emergency Request to Stay and Motion to Consolidate filed by Estes in Cause No. 2006-M-00420 is granted. Cause No. 2006-M-00364 and Cause No. 2006-M-00420 are consolidated. The trial court proceedings in the Hinds County Circuit Court Civil Action No. 251-03-841CIV are stayed pending resolution of this appeal The Motion for Additional Time to Respond in Opposition filed by counsel for Frederica Brister is denied. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ. To Deny: Graves, J. Not Participating: Cobb, P.J., Diaz and Randolph, JJ. Order entered.

Timothy Estes, M.D. v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-TS-00364-SCT Timothy Estes, M.D., Robert Crawford and Robert Judson Williams, CNP v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal and Emergency Request for Stay of the Trial Court Proceedings filed by counsel for Timothy Estes, M.D., in Cause No. 2006-M-00364 is granted. Petition for Interlocutory Appeal and Emergency Request to Stay and Motion to Consolidate filed by Estes in Cause No. 2006-M-00420 is granted. Cause No. 2006-M-00364 and Cause No. 2006-M-00420 are consolidated. The trial court proceedings in the Hinds County Circuit Court Civil Action No. 251-03-841CIV are stayed pending resolution of this appeal The Motion for Additional Time to Respond in Opposition filed by counsel for Frederica Brister is denied. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ. To Deny: Graves, J. Not Participating: Cobb, P.J., Diaz and Randolph, JJ. Order entered.

Timothy Estes, M.D. v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-TS-00364-SCT Timothy Estes, M.D., Robert Crawford and Robert Judson Williams, CNP v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased and on Behalf of the Wrongful Death Beneficiaries fo Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal and Emergency Request for Stay of the Trial Court Proceedings filed by counsel for Timothy Estes, M.D., in Cause No. 2006-M-00364 is granted. Petition for Interlocutory Appeal and Emergency Request to Stay and Motion to Consolidate filed by Estes in Cause No. 2006-M-00420 is granted. Cause No. 2006-M-00364 and Cause No. 2006-M-00420 are consolidated. The trial court proceedings in the Hinds County Circuit Court Civil Action No. 251-03-841CIV are stayed pending resolution of this appeal The Motion for Additional Time to Respond in Opposition filed by counsel for Frederica Brister is denied. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ. To Deny: Graves, J. Not Participating: Cobb, P.J., Diaz and Randolph, JJ. Order entered.