04/20/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2004-CA-01249-SCT

Hartford Underwriters Insurance Company v. Shirley B. Williams; Washington Circuit Court; LC Case #: 2002-223; Ruling Date: 06/09/2004; Ruling Judge: W. Hines; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Shirley B. Williams 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.

In Re: Susan C. Smith; Carroll Chancery Court 1st District; LC Case #: 2004-0088(P); Ruling Date: 02/11/2005; Ruling Judge: Edward Prisock; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Ralph Walker, Inc. v. Michael E. Gallagher; Hinds Circuit Court 1st District; LC Case #: 251-02-390-CIV; Ruling Date: 03/01/2005; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee 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.

M.W.F. v. D.D.F.; Greene Chancery Court; LC Case #: 2003-19; Ruling Date: 11/12/2003; Ruling Judge: Jaye Bradley; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Vacated and this Appeal is Dismissed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Derek Brandon Conway v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-235CR; Ruling Date: 10/14/2003; Ruling Judge: Robert Helfrich; Disposition: "Petition for Writ of Certiorari," which is in the nature of a motion to suspend the rules pursuant to M.R.A.P. 2(c) to allow the filing of a petition for writ of certiorari filed by counsel for Derek Brandon Conway is denied. Order entered.

Stanley D. Wess a/k/a Stanley Dale Wess v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-083-LE-C; Ruling Date: 01/23/2004; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by Stanley D. Wess 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.

Milton Flora, Jr. a/k/a Milton Hayes v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-463; Ruling Date: 12/04/2003; Ruling Judge: W. Yerger; Disposition: Motion for Rehearing filed by appellant is denied. Graves and Dickinson, JJ., would grant. Diaz and Randolph, JJ., not participating.

Hartford Underwriters Insurance Company v. Shirley B. Williams; Washington Circuit Court; LC Case #: 2002-223; Ruling Date: 06/09/2004; Ruling Judge: W. Hines; Disposition: Motion to Strike filed by the appellant/cross appellee, Hartford Underwriters Insurance Company, is denied. Diaz and Randolph, JJ., not participating. Order entered.

Ronald Lamar Cole, Sr. v. State of Mississippi; Simpson Circuit Court; LC Case #: 2001-44K; Ruling Date: 10/06/2004; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Ronald Cole, Sr., pro se, is dismissed. Order entered.

Kirby Dies a/k/a Kirby Donovan Dies v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0537-CR1; Ruling Date: 08/25/2004; Ruling Judge: Lee Howard; Majority Opinion: Cobb, P.J. Disposition: Conviction of Possession of Cocaine in an Amount Greater than .1 Gram but less than 2 Grams and Sentence of Eight (8) Years, as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, and Payment of a Fine of $50,000.00, Affirmed. Said sentence shall not be reduced or suspended, nor shall said appellant be eligible for parole or probation. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Delta and Pine Land Company v. Reginald Burns; Holmes Circuit Court; LC Case #: 2004-473; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Consolidated with 2004-IA-02560-SCT Delta and Pine Land Company v. Carlos Harris; Holmes Circuit Court; LC Case #: 2004-479; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Consolidated with 2004-IA-02561-SCT Delta and Pine Land Company v. Vernon Smith; Holmes Circuit Court; LC Case #: 2004-477; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Consolidated with 2004-IA-02562-SCT Delta and Pine Land Company v. Milton Boyd; Holmes Circuit Court; LC Case #: 2004-470; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Consolidated with 2004-IA-02563-SCT Delta and Pine Land Company v. Tommie Gray; Holmes Circuit Court; LC Case #: 2004-480; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Consolidated with 2004-IA-02564-SCT Delta and Pine Land Company v. Rodney Burns; Holmes Circuit Court; LC Case #: 2004-481; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Consolidated with 2004-IA-02565-SCT Delta and Pine Land Company v. Horace Anderson; Holmes Circuit Court; LC Case #: 2004-469; Ruling Date: 12/14/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ., Concur. Diaz and Randolph, JJ., not participating.

Darrell Alley v. Northern Insurance Company; Hancock Circuit Court; LC Case #: 03-0348; Ruling Date: 01/31/2005; Ruling Judge: Stephen Simpson; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant 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.

Quintez Wren Hodges v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0526-CR1; Ruling Date: 09/13/2001; Ruling Judge: John Montgomery; Disposition: Motion to Stay Post-Conviction Proceedings, Motion for Leave to Proceed in the Trial Court for the Clarification and/or the Resolution of the Petitioner's Representation in State Post-Conviction Proceedings and for Extraordinary Relief filed by petitioner is granted. This matter is remanded to the Lowndes County Circuit Court until June 5, 2006, for an evidentiary hearing on the status of petitioner's legal representation on his post-conviction proceedings. The post-conviction proceedings in this Court are stayed pending further order of this Court. Regardless, of any decision the Lowndes County Circuit Court may make on remand, this case will proceed before this Court pursuant to Puckett v. State, 834 So. 2d 676 (Miss. 2002). Easley, J., would deny. Diaz and Randolph, JJ., not participating. Order entered.

Joe Dear and Darlene Moore, Individually and on behalf of all wrongful Death Beneficiaries of Nicole Dear, a Minor, Deceased; and Mitchell and Penny Odom, Individually and on behalf of all wrongful Death Beneficiaries of Emily Odom, a Minor, Deceased; and Wanda McLain, Individually and on behalf of all wrongful Death Beneficiaries of Jamie McLain, a Minor, Deceased v. Speed Corporation D/B/A North Jackson Honda/Yamaha, and American Honda Motor Company, Inc. and Robert Moore and Jerry Michael Graves; Rankin Circuit Court; LC Case #: 2004-325; Ruling Date: 02/09/2006; Ruling Judge: William Chapman, III; Disposition: Petition for Permission to Appeal from an Interlocutory Order filed by Petitioners is denied. Easley, J., would grant. Diaz and Randolph, JJ., not participating. Order entered.

In Re: Emergency Preparedness Planning; Disposition: On the Court's own motion, the Guidelines for Emergency Preparedness Planning developed by the Mississippi Supreme Court Emergency Preparedness Committee are adopted by this Court. The circuit, chancery and county court judges shall review the Guidelines for Emergency Preparedness Planning, confirm the ECO as designated by the guidelines, and the ECO shall identify himself or herself with the AOC, all within sixty (60) days of the entry of this order. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.