04/28/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
  2003-KA-01825-SCT

Victor Gibson v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0352-CR1; Ruling Date: 02/13/2003; Ruling Judge: Lee Howard; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of Possession of Methamphetamine, as an Enhanced Offender, and Sentence of Eight (8) Years in the Custody of the Mississippi Department of Corrections, and Payment of a Fine of $10,000.00 and all Costs, Affirmed. Lowndes County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Leo McIntyre v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 97-1-221; Ruling Date: 05/29/1998; Ruling Judge: Chester Henley; Disposition: Petition for writ of certiorari filed by Leo McIntyre 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.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Consolidated with 1998-CT-01058-SCT Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments, Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 94410CIV; Ruling Date: 04/28/1998; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Gaines L. Stegall, individually, and d/b/a Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall is denied. To Deny: Smith, C.J., Easley, Dickinson and Randolph, JJ. To Grant: Cobb, P.J., and Carlson, J. Not Participating: Waller, P.J., Diaz and Graves, JJ. Order entered.

Harold Hood d/b/a H & H Land & Timber v. Elaine Mordecai; Monroe Circuit Court; LC Case #: 98-205-GM; Ruling Date: 08/12/2002; Ruling Judge: Thomas Gardner, III; Disposition: Petition for Writ of Certiorari filed by counsel for Harold Hood d/b/a H & H Land & Timber 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.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., Diaz and Graves, JJ., not participating. Opinion modified at paragraph 143.

Ishmael Harris a/k/a Chico a/k/a Ishamel Harris v. State of Mississippi; Carroll Circuit Court 2nd District; LC Case #: 2002-0028 CR2; Ruling Date: 05/08/2003; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed pro se by Ishmael Harris 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.

Agnes V. Moreland v. Kimes & Stone Construction Company; Prentiss Circuit Court; LC Case #: CV 02-341F(PR); Ruling Date: 08/05/2003; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Kimes & Stone Construction Company 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.

Union Planters Bank, National Association v. Neal Doniphan Rogers, Jr., Executor of the Estate of Helen Rogers, Deceased, a/k/a Helen K. Rogers; Washington Circuit Court; LC Case #: CI-2002-101; Ruling Date: 08/04/2003; Ruling Judge: W. Hines; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

The City of Ellisville, Mississippi, and Michael Tolbert, Individually and in His Official Capacity v. Tammy W. Richardson, Ronnie Richardson and Shana Richardson, a Minor by and Through Her Mother and Natural Friend, Tammy W. Richardson; Jones Circuit Court 1st District; LC Case #: 2000-33-CV12; Ruling Date: 10/31/2003; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Randolph, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Cobb, P.J., Carlson and Graves, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Waller P.J., and Easley, J. Smith, C.J., and Diaz, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Waller, P.J., and Easley, J., Join This Opinion.

The Mississippi Bar v. Paula E. Drungole; Majority Opinion: Graves, J. Disposition: Paula E. Drungole is Suspended from the Practice of Law in the State of Mississippi for a Period of Thirty (30) Days From the Date of this Opinion. She Shall Only be Reinstated upon Expiration of Thirty (30) Days from the Date of this Opinion Pursuant to Rule 12 of the Mississippi Rules of Discipline. Paula E. Drungole taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Smith, C.J., and Cobb, P.J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Smith, C.J., and Cobb, P.J., Join This Opinion.

The Mississippi Bar v. David L. Robinson; Disposition: On the Court's own motion, within fourteen days following entry of this order David L. Robinson shall respond to the Motion for Immediate Suspension, showing cause if any he can, why he should not be immediately suspended from the practice of law in this state. Diaz and Easley, JJ., not participating. Show Cause Order entered.