04/05/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-KA-01589-SCT

Ricky Carter a/k/a Rickie Carter v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0177-CR; Ruling Date: 07/27/2005; Ruling Judge: Lee Howard; Majority Opinion: Randolph, J. Disposition: Conviction of Attempted Burglary of a Dwelling and Sentence of Twenty-Five (25) Years, as a Habitual Offender, in the custody of the Mississippi Department of Corrections, Affirmed. Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., Dissent Without Separate Written Opinion.

William H. Gregory, Deceased, by and through his Co-executors, William H. Gregory, Jr., and Robert Hood Gregory; and Betty Sue Gregory v. Central Security Life Insurance Company, Successor in Interest to Andrew Jackson Life Insurance Company; Chickasaw Circuit Court 2nd District; LC Case #: 2002-18; Ruling Date: 06/15/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-CA-02601-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of all Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-096; Ruling Date: 06/11/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-02547-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 10/15/2003; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

In the Matter of the Enlarging, Extending, and Defining the Corporate Limits of the City of Brookhaven, Lincoln County, Mississippi; Lincoln Chancery Court; LC Case #: 2002-0698; Ruling Date: 08/03/2004; Ruling Judge: John Ross, Jr.; Majority Opinion: Diaz, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Graves and Dickinson, JJ., Concur. Waller, P.J., Carlson and Randolph, JJ., Concur in Result Only. Easley, J., Dissents Without Separate Written Opinion. Cobb, P.J., not participating.

Phelan Terrell Guice v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-260; Ruling Date: 05/04/2004; Ruling Judge: Winston Kidd; Disposition: Motion for Rehearing filed by appellant is denied. Diaz, Graves and Dickinson, JJ., would grant.

Richard Lias, Administrator and Natural Son and Heir of the Estate of Charlie Lias, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries and Heirs of the Estate v. Gay B. Flowers; Coahoma Circuit Court; LC Case #: 14-CI-02-0133-LOL; Ruling Date: 09/01/2004; Ruling Judge: Larry Lewis; Disposition: Petition for Writ of Certiorari filed by counsel for Richard Lias is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Diaz and Graves, JJ. Order entered.

The Estate of Ladell Beckley, Deceased: Clarence Beckley, as Executor v. John Beckley; Pontotoc Chancery Court; LC Case #: 2002-0047; Ruling Date: 02/22/2005; Ruling Judge: Jason Floyd, Jr.; Disposition: Petition for Writ of Certiorari filed by the Estate of Ladell Beckley is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Randolph, JJ. To Deny: Graves and Dickinson, JJ. Order entered.

Joe Files, M.D., and Richard DeShazo, M.D., Individually and as Physicians, Owners, Members, Shareholders and Agents of Medical Assurance Company v. Stanley Houston Marshall , Individually and as Executor of the Estate of Helen Beckwith, Deceased, and on Behalf of All Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-5CIV; Ruling Date: 03/07/2005; Ruling Judge: Winston Kidd; Disposition: Motion to Reconsider Dismissal of Interlocutory Appeal of Joe Files, M.D., and Richard DeShazo, M.D., is denied. To Deny: Cobb, P.J., Diaz, Easley, Carlson and Graves, JJ. To Grant: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ. Order entered.

Union Camp Corporation and Liberty Mutual Insurance Company v. Linda J. Hall; Chickasaw Circuit Court 1st District; LC Case #: H2002-113; Ruling Date: 06/22/2005; Ruling Judge: Andrew Howorth; Disposition: Motion to Withdraw Petition for Writ of Certiorari filed by counsel for Union Camp Corporation and Liberty Mutual Insurance Company is granted. The Petition for Writ of Certiorari filed herein is dismissed. Order entered.

Union Camp Corporation and Liberty Mutual Insurance Company v. Linda J. Hall; Chickasaw Circuit Court 1st District; LC Case #: H2002-113; Ruling Date: 06/22/2005; Ruling Judge: Andrew Howorth; Disposition: Motion to Withdraw Petition for Writ of Certiorari filed by counsel for Union Camp Corporation and Liberty Mutual Insurance Company is granted. The Petition for Writ of Certiorari filed herein is dismissed. Order entered.

Ricky Carter a/k/a Rickie Carter v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0177-CR; Ruling Date: 07/27/2005; Ruling Judge: Lee Howard; Disposition: Motion for Supplemental Brief filed pro se by appellant is denied. Order entered.

Ceola James v. The Mississippi Bar; LC Case #: 2005-B-411; Ruling Date: 07/28/2005; Disposition: Motion for Rehearing filed by Ceola James is denied. Waller, P.J., and Graves, J., not participating.

Jimmy Tatum v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2004-16-LY2; Ruling Date: 07/29/2005; Ruling Judge: Ann Lamar; Disposition: Petition for Writ of Certiorari filed by Jimmy Tatum is denied. To Deny: All Justices. Order entered.

Willie Joe Wright v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 582-04; Ruling Date: 05/24/2005; Ruling Judge: Robert Bailey; Majority Opinion: Cobb, P.J. Disposition: Count I: Conviction of Burglary of a Dwelling and Sentence of Twenty-Five (25) Years, as a Habitual Offender, in the custody of the Mississippi Department of Corrections, with conditions, and pay an Appearance Bond Fee of $100.00 and court costs in the amount of $268.50, Affirmed. Count II: Conviction of Rape and Sentence of Twenty-Five (25) Years, as a Habitual Offender, in the custody of the Mississippi Department of Corrections, with conditions, and pay an Appearance Bond Fee of $300.00, Affirmed. Sentences in Counts I and II shall run consecutively. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

River Region Medical Center, Randall Easterling, M.D., David Halinski, M.D. and Briggs Hopson, Jr., M.D. v. Floyd McCullough, Individually and on Behalf of the Wrongful Death Beneficiaries of Naomi McCullough, Deceased; Warren Circuit Court; LC Case #: 04,0137; Ruling Date: 10/23/2006; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion to Reconsider Petition for Interlocutory Appeal filed by petitioners is denied. To Deny: All Justices. Order entered.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, the Mississippi Appellate Court Internship Program is hereby established, effective August 15, 2007. The Mississippi Appellate Court Internship Program will operate in conjunction with participating schools. The internships are by definition not paid or salaried positions. Interns will be responsible for any related personal expenses. Administrative Order entered.