03/30/2006 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
XX  2003-KA-00550-SCT

Kimble Peter Smith v. State of Mississippi; Pike Circuit Court; LC Case #: 02-178-KB; Ruling Date: 02/26/2003; Ruling Judge: Mike Smith; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of sexual battery and sentence of thirty (30) years, without benefit of probation, early release, or suspension, in the custody of the Mississippi Department of Corrections, and ordered to pay fine of $5,000, affirmed. Count II: Conviction of touching, handling, etc., child for lustful purpose and sentence of twenty (20) years, without benefit of probation, early release, or suspension, in the custody of the Mississippi Department of Corrections, and ordered to pay fine of $5,000, other fees and court costs, affirmed. Sentences shall run consecutively. Pike County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Part and in the Result With Separate Written Opinion. Diaz, J., not participating. Concurring in Part and in the Result Opinion: Graves, J.

James Evans, Jr. v. City of Aberdeen, Mississippi; Monroe Circuit Court; LC Case #: CV02-409-GM; Ruling Date: 06/25/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Monroe County Circuit Court is Reversed and Rendered. City of Aberdeen taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

City of Greenville, Mississippi v. John H. Jones and Monica Jones; Washington Circuit Court; LC Case #: C120-0040; Ruling Date: 10/13/2003; Ruling Judge: Betty Sanders; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ. and Dickinson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Frances Mary (Robbins) Richardson, Individually and as Administratrix of the Estate of Michael Ray Robbins, II, Deceased v. Norfolk Southern Railway Company; Alcorn Circuit Court; LC Case #: 99-151(G)A; Ruling Date: 03/26/2004; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz and Randolph, JJ., not participating.

Willie Mayes a/k/a Willie Clarence Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-726; Ruling Date: 03/31/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Willie Mayes 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.

John G. Yager, M.D. v. Sharon W. Dunn; Jackson Circuit Court; LC Case #: CI-96-0124(3); Ruling Date: 09/02/2004; Ruling Judge: Robert Krebs; Disposition: On the Court's own motion, the petition for interlocutory appeal filed by John G. Yager, M.D., is dismissed as improvidently granted. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Easley, J., objects with Separate Written Statement. Not Participating: Diaz, J. Randolph, J., for the Court. Order entered.

Willie Hutchinson Williams v. State of Mississippi; Grenada Circuit Court; LC Case #: 2004-017CR; Ruling Date: 11/12/2004; Ruling Judge: C. Morgan, III; Disposition: Motion for Rehearing filed by appellant is denied. Graves, J., would grant. Diaz and Randolph, JJ., not participating.

Federated Mutual Insurance Company v. Kevin Darrin McNeal; Smith Circuit Court; LC Case #: 98-0230; Ruling Date: 11/04/2004; Ruling Judge: Robert Evans; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ. and Carlson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Singing River Hospital System d/b/a Ocean Springs Hospital and Mississippi State Department of Health v. Biloxi Regional Medical Center, Garden Park Medical Center and Gulf Coast Medical Center; Hinds Chancery Court 1st District; LC Case #: G-2004-1458 S/2; Ruling Date: 11/23/2004; Ruling Judge: William Singletary; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Arthur C. Eakes a/k/a Arthur Chester Eakes v. State of Mississippi; Winston Circuit Court; LC Case #: 2004027; Ruling Date: 11/15/2004; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Randolph, JJ., not participating.

Kimmeth Johnson v. State of Mississippi; Lee Circuit Court; LC Case #: CR03-587; Ruling Date: 02/23/2004; Ruling Judge: Sharion Aycock; Disposition: Motion for rehearing filed pro se by appellant is denied. Diaz, J., not participating.

Kimmeth Johnson v. State of Mississippi; Lee Circuit Court; LC Case #: CR03-587; Ruling Date: 02/23/2004; Ruling Judge: Sharion Aycock; Disposition: Motion for rehearing filed by counsel for appellant is denied. Diaz, J., not participating.

Bedford Care Center- Monroe Hall, LLC v. Edna Lewis, as Executrix of the Estate of Ora Preston; Forrest Circuit Court; LC Case #: CI04-0228; Ruling Date: 01/25/2005; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Randolph, JJ., not participating.