03/24/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-KA-02504-SCT

Kirby Tate a/k/a Kirby Glenn Tate v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 298-03; Ruling Date: 11/07/2003; Ruling Judge: Larry Roberts; Majority Opinion: Dickinson, J. Disposition: COUNT I: Conviction of Delivery of Marijuana (435.3 grams) and Sentence of Sixty (60) Years, as an Habitual Offender under Section 99-19-81 and an Enhanced Offender under Section 41-29-147, without the possibility of such sentence being reduced or suspended nor to be eligible for early release, in the custody of the Mississippi Department of Corrections, together with the payment of a fine of $10,000.00, all fees and costs, Affirmed. COUNT II: Conviction of Possession of Marijuana (531 grams) with the Intent to Distribute and Sentence of Sixty (60) Years, as an Habitual Offender under Section 99-19-81 and an Enhanced Offender under Section 41-29-147, without the possibility of such sentence being reduced or suspended nor to be eligible for early release, in the custody of the Mississippi Department of Corrections, together with the payment of a fine of $10,000.00 and all fees, Affirmed. Sentence in Count II shall run concurrently with the sentence in Count I. Appellant shall be given credit for 142 days time served. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Omar Jackson a/k/a Omar Lance Jackson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-428; Ruling Date: 09/18/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, J. Disposition: Per Curiam Affirmance Conviction of Armed Robbery 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 and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

City of Starkville v. 4-County Electric Power Association; Oktibbeha Chancery Court; LC Case #: 95-170; Ruling Date: 09/20/2002; Ruling Judge: Robert Lancaster; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz and Randolph, JJ., not participating.

Owen & Galloway, L.L.C. v. Smart Corporation, Gulf Coast Community Hospital, Inc. and Hancock Medical Center; Harrison Circuit Court 1st District; LC Case #: A2401-2001-453; Ruling Date: 01/30/2004; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Carlson and Graves, JJ., Concur. Waller and Cobb, P.JJ., Concur in Result Only. Diaz, Dickinson and Randolph, JJ., not participating.

In Re: Rules of Professional Conduct; Disposition: On the Court's own motion, Rule 6.1 of the Mississippi Rules of Professional Conduct and the Comment thereto are amended to read as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Graves, J., Dissents. Diaz, J., Not Participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 46(e) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Diaz and Graves, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Rehearing on the issue of costs filed by Hico and Carroll V. Hood is denied. Cobb, P.J., and Dickinson, J., and Lackey and Prichard, Special Justices, would deny. Hon. Henry Lackey and Hon. R. I. Prichard were appointed by the Governor as Special Justices in this matter due to a lack of a quorum of the Court. Easley, J, would grant. Smith, C.J., Waller, P.J., Diaz, Carlson, Graves and Randolph, JJ., not participating.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Rehearing on the issue of costs filed by Old South Insurance Group, Inc., is denied. Cobb, P.J., and Dickinson, J., and Lackey and Prichard, Special Justices, would deny. Hon. Henry Lackey and Hon. R. I. Prichard were appointed by the Governor as Special Justices in this matter due to a lack of a quorum of the Court. Easley, J., would grant. Smith, C.J., Waller, P.J., Diaz, Carlson, Graves and Randolph, JJ., not participating.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Rehearing on the issue of costs filed by Old South Insurance Group, Inc., is denied. Cobb, P.J., and Dickinson, J., and Lackey and Prichard, Special Justices, would deny. Hon. Henry Lackey and Hon. R. I. Prichard were appointed by the Governor as Special Justices in this matter due to a lack of a quorum of the Court. Easley, J., would grant. Smith, C.J., Waller, P.J., Diaz, Carlson, Graves and Randolph, JJ., not participating.

Blaine Brooks v. State of Mississippi; Pike Circuit Court; LC Case #: 01-179-KB; Ruling Date: 10/10/2001; Ruling Judge: Mike Smith; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Pike County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief, denied. See Opinion of this Court handed down this date. Diaz J., not participating.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Smith, C.J. Disposition: Leave to Seek Post-Conviction Relief, Denied. Amite County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Francisco Tunek and Miguel Lazano v. Mike Windham; Jasper Circuit Court 2nd District; LC Case #: 97-0022; Ruling Date: 07/01/2002; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Francisco Tunek and Miguel Lazano is denied. To Deny: Easley, Graves and Randolph, JJ. To Grant: Dickinson, J., and Herring, Special Justice. Not Participating: Smith, C.J., Waller and Cobb, P.JJ., Diaz and Carlson, JJ. Order entered.

3M Company f/k/a Minnesota Mining and Manufacturing Company v. Simeon Johnson, James Curry, Bobby Joe Lawrence and Phillip Pate; Holmes Circuit Court; LC Case #: 2000-181; Ruling Date: 01/30/2002; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by appellees is denied. Easley and Graves, JJ., would grant. Diaz and Randolph, JJ., not participating.

Edward P. Keszenheimer, Jr. v. Robert Clinton Boyd, Gail Swan Akin, Edwin Y. Hannan, William Carter Smallwood, III, James Randall Wallace, Jr., Boyd & Akin PLLC and Boyd, Akin, Hannan & Smallwood PLLC; Hinds Circuit Court 1st District; LC Case #: 251-01-001456-CIV; Ruling Date: 07/22/2002; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Edward P. Keszenheimer, Jr., 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.

Donald Myers a/k/a Donald M. Myers v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-02-188; Ruling Date: 12/31/2002; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed pro se by Donald Myers is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. To Dismiss: Carlson, J. Not Participating: Diaz, J. Order entered.

William E. Catledge v. The Mississippi Bar; LC Case #: 2002-B-477; Ruling Date: 04/14/2003; Majority Opinion: Dickinson, J. Disposition: William E. Catledge is suspended from the practice of law in the State of Mississippi for ninety (90) days from and after date of this opinion and shall pay all costs of this proceeding. William E. Catledge taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J. and Randolph, J., Concur. Graves, J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Waller, P.J., Diaz and Carlson, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Easley, J.

Eric Jones v. State of Mississippi; Pike Circuit Court; LC Case #: 02-175-B; Ruling Date: 05/05/2003; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed pro se by Eric Jones 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.

Facilities, Inc. v. Rogers-Usry Chevrolet, Inc.; Rankin Chancery Court; LC Case #: 51117; Ruling Date: 04/04/2003; Ruling Judge: Thomas Zebert; Disposition: Petition for writ of certiorari filed by counsel for Rogers-Usry Chevrolet, Inc., is granted. To Grant: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Smith, C.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Ed Wansley and Jerleane Wansley v. Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-1259CIV; Ruling Date: 08/28/2002; Ruling Judge: W. Yerger; Disposition: Yamaha Motor Corporation, U.S.A.'s Motion to Strike Issues on Appeal is dismissed as moot. See Opinion of this Court handed down this date. Diaz, J., not participating.

Ed Wansley and Jerleane Wansley v. Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-1259CIV; Ruling Date: 08/28/2002; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, J. Disposition: Appeal Dismissed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

In Re: Michael Dulske, M.D., Capitol Orthopaedic Clinic, P.A, and Stuart Robinson, Jr., Individually, Petitioners; Hinds Circuit Court 1st District; LC Case #: 251-03-407-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02790 In Re: Kendall Blake, M.D., Jackson Bone and Joint Clinic, L.L.P. and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-97-1003CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02781 In Re: State of Mississippi, Mississippi Bureau of Bldg. & Real Property Mgt., Mississippi Dept. of Finance & Administration and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-02-541CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02783 In Re: National General Insurance Co., and Stuart Robinson, Jr., Individually; Hinds Circuit Court 1st District; LC Case #: 251-00-520-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02784 In Re: Michael G. Dulske, M.D. , Capitol Orthopaedic Clinic, P.A. and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-01-105-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02786 In Re: James Marx, F.N.P. and Stuart Robinson, Jr., Individually, Petitioners; Hinds Circuit Court 1st District; LC Case #: 251-01-001311-CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Consolidated with 2003-M-02787 In Re: James D. Polk, M.D., James Marx, Nurse Practitioner, Baptist/Richland Primary Care Ctr., P.A. and Stuart Robinson, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-02-1764CIV; Ruling Date: 12/15/2003; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, J. Disposition: Petitions for Writ of Mandamus seeking recusal of Circuit Judge Tomie T. Green in each of the seven pending cases cited herein is granted. Request for Judge Green's recusal in all future cases in which Stuart Robinson, Jr., appears as counsel is denied. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent. Diaz, J., not participating.

Christopher Baldwin v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2003-0405; Ruling Date: 10/09/2003; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed pro se by Christopher 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.

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; Disposition: Motion to Assess Statutory Penalty filed by William R. Knighton is granted. The statutory penalty of fifteen percent of the judgment is hereby assessed against Whitehall Association, Inc. The mandate shall be amended to read as follows: "Affirmed. Statutory Penalty assessed against appellant." Diaz, J., not participating. Order entered.

In the Interest of J. S., a Minor; Adams Youth Court; LC Case #: C P 03-092; Ruling Date: 12/19/2003; Ruling Judge: John Hudson; Disposition: On the Court's own motion, this appeal is dismissed as moot. The appeal is hereby dismissed upon entry of this order. All costs of appeal are assessed to the appellant. Diaz, J., not participating. Randolph, J., for the Court. Order entered.

Lift-All Company, Inc. v. Kenneth Daniel Warner; Adams Circuit Court; LC Case #: 02KV0070(S); Ruling Date: 01/06/2005; Ruling Judge: Lillie Sanders; Disposition: Petition for Interlocutory Appeal by Permission and Request for Stay filed by counsel for Lift-All Company, Inc., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The trial court proceedings are hereby stayed pending resolution of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Lift-All Company, Inc. v. Kenneth Daniel Warner; Adams Circuit Court; LC Case #: 02KV0070(S); Ruling Date: 01/06/2005; Ruling Judge: Lillie Sanders; Disposition: Petition for Interlocutory Appeal by Permission and Request for Stay filed by counsel for Lift-All Company, Inc., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The trial court proceedings are hereby stayed pending resolution of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Memorial Hospital at Gulfport v. Merita Guinn, Administratrix of the Estate and on behalf of all Wrongful Death Beneficiaries of Dorothy Sumrall; Harrison Circuit Court 1st District; LC Case #: A2401-2002-00462; Ruling Date: 01/18/2005; Ruling Judge: Stephen Simpson; Disposition: Petition for Interlocutory Appeal by Permission and Motion to Stay filed by counsel for Memorial Hospital at Gulfport is denied. Diaz, J., not participating. Order entered.

James Royce Parkerson, III v. Angela Davis Parkerson; Washington Chancery Court; LC Case #: 040281; Ruling Date: 01/27/2005; Ruling Judge: Jane Weathersby; Disposition: Motion for reconsideration, or alternatively, for clarification filed by petitioner is denied in part and granted in part. Not Participating: Diaz and Graves, JJ. Order entered.