04/26/2007 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  1998-DP-01038-SCT

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Disposition: Appellant's Motion for Evidentiary Hearing filed April 9, 2007, is denied. Order entered.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Disposition: Appellant's Motion filed November 1, 2005, is denied. Order entered.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Disposition: Appellant's untitled filing of February 12, 2003, requesting an evidentiary hearing is denied. Order entered.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Disposition: Appellant's Motion for Hearing is denied. Order entered.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Disposition: Appellant's Motion filed April 14, 2003, is denied. Order entered.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Tippah County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Diaz, J., Specially Concurs with Separate Written Opinion Joined by Waller, P.J., Graves and Dickinson, JJ. Easley, J., Dissents with Separate Written Opinion Joined by Carlson, J. Specially Concurring Opinion: Diaz, J. Votes: Waller, P.J., Graves and Dickinson, JJ., Join This Opinion. Dissenting Opinion: Easley, J. Votes: Carlson, J., Joins This Opinion.

Edwin Hart Turner v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 3176; Ruling Date: 02/15/1997; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by the petitioner is denied. Cobb, P.J., not participating.

Diamond Offshore Management Company v. Archie Marks; Harrison Circuit Court 1st District; LC Case #: A-2401-99-00063; Ruling Date: 10/02/2000; Ruling Judge: John Whitfield; Disposition: The order filed on April 15, 2004, granting a stay of proceedings in this case is vacated. Appellant's Motion for Rehearing and/or for Other Relief is granted to the extent stated in the order and is otherwise denied. This Court's prior opinion in this case is withdrawn, and the Amended Final Judgment of the Circuit Court of the First Judicial District of Harrison County, Mississippi, as originally entered on October 2, 2000, and all prior judgments for Plaintiff Archie Marks are vacated, set aside, and held for naught. This case is remanded to the Circuit Court of the First Judicial District of Harrison County, for a new trial on all issues. Marks' Motion to Enforce Settlement and/or Other Relief, the Appellant's two Motions for Permission to Supplement Motion for Rehearing, and all other pending motions are denied. The costs of this appeal shall be borne by the appellant and the appellee. Notwithstanding M.R.A.P. 40(a), no further motions for rehearing shall be filed by any party in this appeal and the Clerk shall immediately issue the mandate in this case. Diaz, Easley and Graves, JJ., not participating. Order entered.

Diamond Offshore Management Company v. Archie Marks; Harrison Circuit Court 1st District; LC Case #: A-2401-99-00063; Ruling Date: 10/02/2000; Ruling Judge: John Whitfield; Disposition: The order filed on April 15, 2004, granting a stay of proceedings in this case is vacated. Appellant's Motion for Rehearing and/or for Other Relief is granted to the extent stated in the order and is otherwise denied. This Court's prior opinion in this case is withdrawn, and the Amended Final Judgment of the Circuit Court of the First Judicial District of Harrison County, Mississippi, as originally entered on October 2, 2000, and all prior judgments for Plaintiff Archie Marks are vacated, set aside, and held for naught. This case is remanded to the Circuit Court of the First Judicial District of Harrison County, for a new trial on all issues. Marks' Motion to Enforce Settlement and/or Other Relief, the Appellant's two Motions for Permission to Supplement Motion for Rehearing, and all other pending motions are denied. The costs of this appeal shall be borne by the appellant and the appellee. Notwithstanding M.R.A.P. 40(a), no further motions for rehearing shall be filed by any party in this appeal and the Clerk shall immediately issue the mandate in this case. Diaz, Easley and Graves, JJ., not participating. Order entered.

Terry Lee Lattimore a/k/a Terry L. Lattimore, Sr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2000-405; Ruling Date: 08/25/2002; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Cobb, P.J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment, Without the Possibility of Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Washington 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.

Robert D. MacDonald, Decedent, by and through Nancy L. MacDonald, Individually and as Executrix of the Estate of Robert D. MacDonald, Deceased, and Representative of All Heirs-at-Law of the Decedent, Robert D. MacDonald v. Mississippi Department of Transportation; Hancock Circuit Court; LC Case #: 02-0110; Ruling Date: 09/28/2004; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by counsel for the Mississippi Department of Transportation is denied. This order shall replace the previous order entered April 19, 2007, for the purpose of correcting the name of the party filing the petition. To Deny: All Justices. Corrected Order entered.

John Thomas Scott v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR03-257; Ruling Date: 07/29/2004; Ruling Judge: Paul Funderburk; Disposition: John Thomas Scott's pro se petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Franklin Collection Service, Inc. v. Patty Kyle; Lee County Court; LC Case #: 03-0660; Ruling Date: 02/09/2005; Ruling Judge: Charles Brett; Disposition: Appellee's motion for rehearing is denied. The previous opinions are withdrawn and these opinions are substituted therefor. Affirmed and Remanded in Part; Reversed and Rendered in Part. Diaz and Graves, JJ., would grant. Easley, J., not participating.

Franklin Collection Service, Inc. v. Patty Kyle; Lee County Court; LC Case #: 03-0660; Ruling Date: 02/09/2005; Ruling Judge: Charles Brett; Majority Opinion: Dickinson, J. Disposition: The appellee's motion for rehearing is denied. The previous opinions are withdrawn and these opinions are substituted therefor. Affirmed and Remanded in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Randolph, J., Concurs in Part and in the Result. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Waller and Cobb, P.JJ., Carlson and Dickinson. Diaz, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, J. Easley, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Ruby Angela Hubbard and Pinkie J. Hubbard, Individually and on Behalf of and in Her Capacity as Guardian of Her Daughter Ruby Angela Hubbard v. Billy M. Wansley, M.D.; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00068; Ruling Date: 01/25/2005; Ruling Judge: Kosta Vlahos; Disposition: Motion to Strike filed by appellee is dismissed as moot. Order entered.

Ruby Angela Hubbard and Pinkie J. Hubbard, Individually and on Behalf of and in Her Capacity as Guardian of Her Daughter Ruby Angela Hubbard v. Billy M. Wansley, M.D.; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00068; Ruling Date: 01/25/2005; Ruling Judge: Kosta Vlahos; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ. Dissenting Opinion: Diaz, J. Votes: Easley and Graves, JJ., Join This Opinion.

Robert Richardson v. Audubon Insurance Company and Joe Clay Hamilton, as Administrator of the Estate of Willie Mae Dudley, Deceased; Lauderdale Circuit Court; LC Case #: 05-CV-004 (R); Ruling Date: 05/02/2005; Ruling Judge: Larry Roberts; Disposition: Rule 2(c) Motion to Suspend the Rules to Consider Petition for Certiorari Filed outside 14 Days from Denial of Rehearing filed by Robert Richardson is granted. To Grant: Waller, P.J., Diaz, Easley, Graves and Dickinson, JJ. To Deny: Smith, C.J., Carlson and Randolph, JJ. Not Participating: Cobb, P.J. Combined Motion to Dismiss and Response to Petition for Writ of Certiorari filed by Audubon Insurance Company is denied. To Deny: Waller, P.J., Diaz, Easley, Graves and Dickinson, JJ. To Grant: Smith, C.J., Carlson and Randolph, JJ. Not Participating: Cobb, P.J. Order entered.

Robert Richardson v. Audubon Insurance Company and Joe Clay Hamilton, as Administrator of the Estate of Willie Mae Dudley, Deceased; Lauderdale Circuit Court; LC Case #: 05-CV-004 (R); Ruling Date: 05/02/2005; Ruling Judge: Larry Roberts; Disposition: Rule 2(c) Motion to Suspend the Rules to Consider Petition for Certiorari Filed outside 14 Days from Denial of Rehearing filed by Robert Richardson is granted. To Grant: Waller, P.J., Diaz, Easley, Graves and Dickinson, JJ. To Deny: Smith, C.J., Carlson and Randolph, JJ. Not Participating: Cobb, P.J. Combined Motion to Dismiss and Response to Petition for Writ of Certiorari filed by Audubon Insurance Company is denied. To Deny: Waller, P.J., Diaz, Easley, Graves and Dickinson, JJ. To Grant: Smith, C.J., Carlson and Randolph, JJ. Not Participating: Cobb, P.J. Order entered.

Charles Lavel Stringer v. Thomas J. Lowe, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-96-877; Ruling Date: 11/04/2004; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed pro se by Charles Lavel Stringer is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Graves, J. Order entered.

Larry Green v. Allendale Planting Company and The KBH Corporation; Bolivar Circuit Court 2nd District; LC Case #: 2002-54; Ruling Date: 11/29/2005; Ruling Judge: Larry Lewis; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Randolph, J., Concurs in Part. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz and Randolph, JJ. Cobb, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz and Randolph, JJ., Join This Opinion.