04/10/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
XX  2006-CA-02126-SCT

Gwendolyn E. Ball, J. Neil Varnell and Sarge Preston v. Mayor and Board of Aldermen of the City of Natchez, Mississippi; Adams Circuit Court; LC Case #: 06-KV-0018S; Ruling Date: 11/17/2006; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Easley, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellants and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., and Graves, J., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Carlson, Randolph and Lamar, JJ. Dissenting Opinion: Dickinson, J. Votes: Carlson, Randolph and Lamar, JJ., Join This Opinion.

Chris A. Miller v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-44-CR; Ruling Date: 04/25/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Easley, J. Disposition: Conviction of sale of cocaine and sentence of twenty (20) years, with conditions, in the custody of the Mississippi Department of Corrections, payment of all costs and a fine of $5,000.00, Affirmed. Sentence in this cause shall run consecutively to any sentence previously imposed. Winston County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Joe Solomon Pruitt v. State of Mississippi; Monroe Circuit Court; LC Case #: CR06-209; Ruling Date: 03/07/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Waller, P.J. Disposition: Conviction of armed robbery and sentence of thirty five (35) years, with five (5) years suspended, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. The appellant shall be placed under post-release supervision upon release from the term of incarceration for a period of five (5) years. Monroe County taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Lamar, J., Concurs in Result Only. Diaz, P.J., Dissents with Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Hazlehurst Lumber Company, Inc. v. Mississippi Forestry Commission; Franklin Circuit Court; LC Case #: 02-CV-056; Ruling Date: 12/12/2006; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Paul M. Marshall v. Sharon R. Marshall; Warren Chancery Court; LC Case #: 2003-278GN; Ruling Date: 02/18/2005; Ruling Judge: Vicki Barnes; Disposition: Petition for writ of certiorari filed by Paul M. Marshall was granted by order of this Court on January 24, 2008. This Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by Paul M. Marshall is dismissed as improvidently granted. To Dismiss: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not to Dismiss: Easley, J. Lamar, J., for the Court. Order entered.

Marshall McNickles, Jr., a/k/a Marshall Antonio McNickles, Jr. v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2005-82(R); Ruling Date: 01/27/2006; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed pro se by Marshall McNickles, Jr., is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Arthur Pitard Portas, II v. Constance Jean West Portas; Jackson Chancery Court; LC Case #: 2002-0274-GB; Ruling Date: 07/20/2005; Ruling Judge: Glenn Barlow; Disposition: Joint Motion for Direction and Assistance filed by the parties is granted. This matter is remanded to the Jackson County Chancery Court for a new trial on the merits of all claims consistent with the chancery court's order of January 31, 2008, in cause No. 2002-0274 RP. Easley, J., would deny. Diaz, P.J., not participating. Order entered.

Steven Finn v. State of Mississippi; Lee Circuit Court; LC Case #: CV05-136(PF)L; Ruling Date: 02/07/2006; Ruling Judge: Paul Funderburk; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Lee County Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, P.J. Lamar, J., Dissents With Separate Written Opinion Joined by Dickinson, J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion. Dissenting Opinion: Lamar, J. Votes: Dickinson, J., Joins This Opinion.

James C. P. Hartman, Deceased v. Ned G. McInnis, Jr., AND BancorpSouth v. Ned G. McInnis, Jr., Mary Deane McInnis, Ron Nelson and James C. P. Hartman, Deceased and Ronson Construction System, Inc.; Forrest Chancery Court; LC Case #: 04-0212-GN-D; Ruling Date: 01/28/2006; Ruling Judge: Sebe Dale, Jr.; Disposition: Appellees' Motion for Rehearing; Appellees' Motion for Amendment, Correction or Clarification of Opinion and to Extend Time for Filing of Motion for Rehearing; Motion of BancorpSouth for Amendment, Correction or Clarification of Opinion and Alternatively Joinder in Motion for Extension of Time in which to file for Rehearing; BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand; and Motion for Enlargement of Time to Respond to BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand are denied. Carlson and Dickinson, JJ., would grant. Randolph, J., not participating. Order entered.

James C. P. Hartman, Deceased v. Ned G. McInnis, Jr., AND BancorpSouth v. Ned G. McInnis, Jr., Mary Deane McInnis, Ron Nelson and James C. P. Hartman, Deceased and Ronson Construction System, Inc.; Forrest Chancery Court; LC Case #: 04-0212-GN-D; Ruling Date: 01/28/2006; Ruling Judge: Sebe Dale, Jr.; Disposition: Appellees' Motion for Rehearing; Appellees' Motion for Amendment, Correction or Clarification of Opinion and to Extend Time for Filing of Motion for Rehearing; Motion of BancorpSouth for Amendment, Correction or Clarification of Opinion and Alternatively Joinder in Motion for Extension of Time in which to file for Rehearing; BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand; and Motion for Enlargement of Time to Respond to BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand are denied. Carlson and Dickinson, JJ., would grant. Randolph, J., not participating. Order entered.

James C. P. Hartman, Deceased v. Ned G. McInnis, Jr., AND BancorpSouth v. Ned G. McInnis, Jr., Mary Deane McInnis, Ron Nelson and James C. P. Hartman, Deceased and Ronson Construction System, Inc.; Forrest Chancery Court; LC Case #: 04-0212-GN-D; Ruling Date: 01/28/2006; Ruling Judge: Sebe Dale, Jr.; Disposition: Appellees' Motion for Rehearing; Appellees' Motion for Amendment, Correction or Clarification of Opinion and to Extend Time for Filing of Motion for Rehearing; Motion of BancorpSouth for Amendment, Correction or Clarification of Opinion and Alternatively Joinder in Motion for Extension of Time in which to file for Rehearing; BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand; and Motion for Enlargement of Time to Respond to BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand are denied. Carlson and Dickinson, JJ., would grant. Randolph, J., not participating. Order entered.

James C. P. Hartman, Deceased v. Ned G. McInnis, Jr., AND BancorpSouth v. Ned G. McInnis, Jr., Mary Deane McInnis, Ron Nelson and James C. P. Hartman, Deceased and Ronson Construction System, Inc.; Forrest Chancery Court; LC Case #: 04-0212-GN-D; Ruling Date: 01/28/2006; Ruling Judge: Sebe Dale, Jr.; Disposition: Appellees' Motion for Rehearing; Appellees' Motion for Amendment, Correction or Clarification of Opinion and to Extend Time for Filing of Motion for Rehearing; Motion of BancorpSouth for Amendment, Correction or Clarification of Opinion and Alternatively Joinder in Motion for Extension of Time in which to file for Rehearing; BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand; and Motion for Enlargement of Time to Respond to BancorpSouth's Motion to Amend Opinion Concerning Conditions of Remand are denied. Carlson and Dickinson, JJ., would grant. Randolph, J., not participating. Order entered.

In Re: Hosea Hines; Pearl Municipal Court; LC Case #: 30153; Ruling Date: 12/19/2006; Ruling Judge: John Shirley; Majority Opinion: Graves, J. Disposition: Reversed. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Monique Brooks Montgomery v. The Mississippi Bar; LC Case #: 06-338-2; Ruling Date: 12/07/2007; Disposition: The Mississippi Bar's motion to docket and dismiss the appeal is denied. Easley, J., would grant. Graves, J., not participating. Order entered.