04/13/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
X  2004-CA-00528-SCT

Ollie Windmon and Robert Joe Windmon v. Stephanie Ward Marshall and Mississippi Farm Bureau Insurance Company; Claiborne Circuit Court; LC Case #: 2001-243; Ruling Date: 10/21/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Vickie Balouch v. State of Mississippi; Pike Circuit Court; LC Case #: 02-423-KA; Ruling Date: 02/18/2003; Ruling Judge: Keith Starrett; Disposition: Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. To Deny: Graves, J. Not Participating: Diaz and Randolph, JJ. Order entered.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Motion for Reconsideration filed by counsel for Eddie Lee Howard is denied. Diaz and Randolph, JJ., not participating. Order entered.

Joseph Thompson, By and Through His Mother and Next Friend, Nancy Thompson v. Lee County School District; Lee Circuit Court; LC Case #: CV99-245(G)L; Ruling Date: 10/09/2003; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Cobb, P.J., Easley and Graves, JJ., would grant. Diaz and Randolph, JJ., not participating.

3M Company v. Simeon Johnson; Holmes Circuit Court; LC Case #: 2000-181; Ruling Date: 03/24/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered in Part; Reversed and Remanded in Part. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Easley, J., Concurs in Part Without Separate Written Opinion. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Richard Lee Brown v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 252-03-15CIV; Ruling Date: 01/27/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Richard Lee Brown, pro se, 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.

Mississippi Export Railroad Company v. Malcolm E. Rouse and Edna F. Rouse; George Chancery Court; LC Case #: 2003-0193; Ruling Date: 02/20/2004; Ruling Judge: Jaye Bradley; Disposition: The motion for rehearing filed by appellees is denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Rendered. Easley, J., would grant. Diaz and Randolph, JJ., not participating.

Mississippi Export Railroad Company v. Malcolm E. Rouse and Edna F. Rouse; George Chancery Court; LC Case #: 2003-0193; Ruling Date: 02/20/2004; Ruling Judge: Jaye Bradley; Majority Opinion: Dickinson, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Rendered. Appellees 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.

Johnson Land Company v. C. E. Frazier Construction Company, Inc. and The American Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-02-204CIV; Ruling Date: 02/11/2003; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by Johnson Land Company is denied. Waller, P.J., Diaz and Randolph, JJ., not participating.

Tunica County, Mississippi, Town of Tunica, Mississippi, and Tunica County Airport Commission v. Ann Matthews, Trustee and John Pritchard, Jr.; Tunica Special Court of Eminent Domain; LC Case #: 00-0213; Ruling Date: 06/30/2004; Ruling Judge: Larry Lewis; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Graves and Dickinson, JJ., Concur. Cobb, P.J., Diaz and Randolph, JJ., not participating.

Nita Elaine Snyder Dobbins, Individually and as Natural Mother and Next Friend of the Infant Child Named in the Petition v. Johnny Lee Coleman; DeSoto Chancery Court; LC Case #: 04-01-0069(ML); Ruling Date: 11/08/2004; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Graves, JJ., Concur. Cobb, P.J., Diaz and Randolph, JJ., not participating.

Fredric Antwain Smith v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2002-441-R(D); Ruling Judge: Andrew Baker; Disposition: Petition for Rehearing filed by petitioner is granted. Petitioner is granted leave to proceed in the DeSoto County Circuit Court in Cause No. CR2002-441-R(D) on his Motion for Post-Conviction Relief, which was submitted to this Court along with his Application for Leave to File Motion for Post-Conviction Relief in Trial Court. Easley, J., would deny. Diaz and Randolph, JJ., not participating. Order entered.