05/04/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2004-IA-01914-SCT

J & J Timber Company, a Mississippi Corporation v. Rembert J. Broome, Son and Next Friend of James C. Broome, Deceased, and Rembert J. Broome, Father and Next Friend of Sarah M. Broome, a Minor, Deceased; Marion Circuit Court; LC Case #: 2001-0317; Ruling Date: 09/13/2004; Ruling Judge: Michael Eubanks; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ. and Carlson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Derwin Rogers v. State of Mississippi; Franklin Circuit Court; LC Case #: 02-KR-016; Ruling Date: 08/23/2002; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Rape and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Rape and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Rape and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Rape and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, and Payment of all Costs, Affirmed. Sentence in Count I shall run concurrently with the sentences in Counts II, III and IV. Franklin County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Howard Gober v. The Chase Manhattan Bank, Successor by Merger to Chase Bank of Texas, N. A., f/k/a Texas Commerce Bank, N. A., as Trustee and Custodian; Madison Chancery Court; LC Case #: 2001-175; Ruling Date: 04/18/2003; Ruling Judge: William Lutz; Consolidated with 2002-CT-00038-SCT P. Williams a/k/a Howard Gober v. The Chase Manhattan Bank, Successor by Merger to Chase Bank of Texas, N.A. formerly known as Texas Commerce Bank, National Association, as Trustee and Custodian; Madison Chancery Court; LC Case #: 2001-175; Ruling Date: 08/10/2001; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed pro se by Howard Gober 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.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., and Easley, J. To Deny: Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Order entered.

Charles L. Clark v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-926WSY; Ruling Date: 09/30/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Charles L. Clark 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.

Janie Stewart v. Singing River Hospital System and Sedgwick of MS, Inc.; Jackson Circuit Court; LC Case #: 2002-00251(3); Ruling Date: 08/31/2003; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Singing River Hospital System and Sedgwick of MS, Inc. is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Order entered.

Ronald Scott Westbrook v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-0745-CR1; Ruling Date: 05/21/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Ronald Scott Westbrook 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.

St. Dominic-Madison County Medical Center, St. Dominic-Jackson Memorial Hospital and Mississippi State Department of Health v. Madison County Medical Center; Hinds Chancery Court 1st District; LC Case #: G-2004-248; Ruling Date: 05/28/2004; Ruling Judge: Stuart Robinson; Disposition: Motion for rehearing filed by appellants is granted. The prior opinions are withdrawn and these opinions are substituted therefor. Affirmed. Graves, J., would deny. Diaz and Randolph, JJ., not participating.

St. Dominic-Madison County Medical Center, St. Dominic-Jackson Memorial Hospital and Mississippi State Department of Health v. Madison County Medical Center; Hinds Chancery Court 1st District; LC Case #: G-2004-248; Ruling Date: 05/28/2004; Ruling Judge: Stuart Robinson; Majority Opinion: Easley, J. Disposition: The motion for rehearing is granted. The prior opinions are withdrawn and these opinions are substituted therefor. Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Graves, J., Dissents with Separate Written Opinion. Diaz and Randolph, JJ., not participating. Dissenting Opinion: Graves, J.

George C. Pope v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2002-57; Ruling Date: 08/12/2004; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by George C. Pope is dismissed. M.R.A.P 17. Order entered.

J & J Timber Company, a Mississippi Corporation v. Rembert J. Broome, Son and Next Friend of James C. Broome, Deceased, and Rembert J. Broome, Father and Next Friend of Sarah M. Broome, a Minor, Deceased; Marion Circuit Court; LC Case #: 2001-0317; Ruling Date: 09/13/2004; Ruling Judge: Michael Eubanks; Disposition: Appellant's Motion to Strike Portions of Appellees' Brief is denied. Diaz and Randolph, JJ., not participating. Order entered.

Richard Hobgood a/k/a Ricky Buchanan Hobgood v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-064WSY; Ruling Date: 01/28/2004; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Dwight Smith a/k/a Smokey v. State of Mississippi; Marion Circuit Court; LC Case #: 2004-0232E; Ruling Date: 08/24/2004; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed pro se by Dwight Smith 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.

Lavon Kay Pitalo v. GPCH-GP, Inc. d/b/a Garden Park Medical Center, and Dr. Ronald Graham; Harrison Circuit Court 2nd District; LC Case #: A2401-2003-316; Ruling Date: 10/25/2004; 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, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Concur in Result Only Without Separate Written Opinion. Diaz, J., not participating.

Canadian National/Illinois Central Railroad Company v. Terry Louis Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-03-445CIV; Ruling Date: 07/18/2005; Ruling Judge: Tomie Green; Disposition: Motion for Additional Time filed by appellees is denied. Diaz and Randolph, JJ., not participating. Order entered.

Canadian National/Illinois Central Railroad Company v. Terry Louis Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-03-445CIV; Ruling Date: 07/18/2005; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellees is denied. Easley and Graves, JJ., would grant. Diaz and Randolph, JJ., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, this Court establishes a Commission on Children's Justice (Commission) to develop a statewide comprehensive approach to improving the child welfare system; to coordinate the three branches of government in assessing the impact of government actions on children who are abused or neglected; and to recommend changes to improve children's safety, strengthen and support families and restore public trust and confidence in the child welfare system. The members of the Commission are set forth in this order. The Commission shall review such reports, studies, and materials as it deems appropriate, review proposed legislation, analyze the use of court improvement funds, and submit recommendations for any necessary changes to this Court, the Governor and the Legislature. Judge Michael W. McPhail is appointed Chair of the Commission. The Commission shall meet at such times and places determined by the Chair. The Commission shall submit a report to this Court no later than November 10, 2006. Diaz, J., not participating. Order entered.