04/27/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2005-KA-00610-SCT

Charles Moore, Jr. v. State of Mississippi; Lee Circuit Court; LC Case #: CR03-765; Ruling Date: 02/11/2005; Ruling Judge: Thomas Gardner, III; Majority Opinion: Dickinson, J. Disposition: Count I: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Burglary of a Dwelling and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Rape and Sentence of Forty (40) Years, with conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run consecutively with sentences imposed in Counts II and III. Sentence in Count II shall run consecutively with sentences imposed in Counts I and III. Sentence in Count III shall run consecutively with sentences imposed in Counts I and II. Appellant shall not be eligible for parole and appellant shall pay court costs in the amount of $1,183.00. Appellant shall not be eligible for earned time allowance. Lee County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ., Concur. Graves, J., Concurs in Result Only Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Margaret Lynn Owen v. Kenneth Whiteside Owen; Union Chancery Court; LC Case #: 98-0241; Ruling Date: 05/10/2002; Ruling Judge: John Ross, Jr.; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

In Re: Local Rules; Disposition: Motion to Rescind Local Rules filed by the Honorable Larry Buffington of the Thirteenth Chancery Court District is granted. The previously adopted local rules for the Thirteenth Chancery Court District of Mississippi are repealed. The Clerk of the Supreme Court shall record this order in the minutes of the Court and shall forthwith forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Not Participating: Diaz and Randolph, JJ. Order entered.

Dewey W. Smith and Sylvia G. Smith v. Hattie Crawford; Hinds Circuit Court 1st District; LC Case #: 251-01-689CIV; Ruling Date: 09/22/2003; Ruling Judge: W. Yerger; Disposition: Petition for Writ of Certiorari filed by counsel for Hattie Crawford is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Jack Hayes and George S. Whitten, Sr. v. Leflore County Board of Supervisors; Leflore Chancery Court; LC Case #: G 98-0152; Ruling Date: 06/16/2003; Ruling Judge: William Willard, Jr.; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed and Rendered. The Judgment of the Leflore County Chancery Court is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

MS Credit Center, Inc., d/b/a MS Loan Center, American Bankers Life Assurance Company of Florida and MS Casualty Insurance Company v. Catherine Horton; Sunflower Circuit Court; LC Case #: 2002-0732-CI; Ruling Date: 08/16/2004; Ruling Judge: Richard Smith; Disposition: Motion for Rehearing filed by counsel for appellants is denied. Diaz and Randolph, JJ., not participating.

Joseph A. Proli, M.D. v. Melinda Hathorn and Janice Davis, Individually and on Behalf of the Wrongful Death Beneficiaries of Tressie D. Bedwell, Deceased; Jones Circuit Court 2nd District; LC Case #: 2004-108-CV6; Ruling Date: 01/19/2005; Ruling Judge: Billy Landrum; Majority Opinion: Easley, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Diaz, Graves and Randolph, JJ., not participating.

Mary Jenkins, Administrator of the Estate of Mildred Woodson, Deceased; Personal Representative of the Wrongful Death Beneficiaries of Mildred Woodson, Deceased; and Individually as the Daughter and Heir at Law of Mildred Woodson, Deceased v. Pensacola Health Trust, Inc., a Mississippi Corporation, Owner, d/b/a Greenbough Nursing Center and Its Representatives, Agents and All Related to Such Defendants; Amanda Kirk, A Mississippi Resident, Administrator at Greenbough Nursing Center; (All Unspecified Defendants Being Fictitious Parties and Unknown Parties in Interest); Coahoma Circuit Court; LC Case #: 14-CI-02-0186; Ruling Date: 11/30/2005; Ruling Judge: Albert Smith, III; Disposition: Petition for Permission to Appeal from an Interlocutory Order from the Circuit Court of Coahoma County filed by petitioner is granted. Cobb, P.J., Diaz, Graves and Randolph, JJ., not partcipating.

Mary Jenkins, Administrator of the Estate of Mildred Woodson, Deceased; Personal Representative of the Wrongful Death Beneficiaries of Mildred Woodson, Deceased; and Individually as the Daughter and Heir at Law of Mildred Woodson, Deceased v. Pensacola Health Trust, Inc., a Mississippi Corporation, Owner, d/b/a Greenbough Nursing Center and Its Representatives, Agents and All Related to Such Defendants; Amanda Kirk, A Mississippi Resident, Administrator at Greenbough Nursing Center; (All Unspecified Defendants Being Fictitious Parties and Unknown Parties in Interest); Coahoma Circuit Court; LC Case #: 14-CI-02-0186; Ruling Date: 11/30/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Dickinson, J. Disposition: Petition Granted. Affirmed in Part; Reversed in Part and Remanded. Appellant and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Carlson, JJ., Concur. Cobb, P.J., Diaz, Graves and Randolph, JJ., not participating.