05/08/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E.
X  2007-CA-00117-SCT

MS Comp Choice, SIF v. Clark, Scott & Streetman; Hinds Circuit Court 1st District; LC Case #: 251-05-898 CIV; Ruling Date: 12/28/2006; Ruling Judge: W. Yerger; Majority Opinion: Diaz, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted, and May 21, 2008, is hereby set as the date for execution of Earl Wesley Berry, in the manner provided by law. It is further ordered that this order shall serve as the warrant of execution for Earl Wesley Berry. Diaz, P.J., would deny. Graves, J., not participating. Order entered.

Betty Thomas v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-625-CIV-BD; Ruling Date: 10/21/2005; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by the Public Employees' Retirement System of Mississippi is granted. To Grant: Smith, C.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Waller and Diaz, P.JJ., and Graves, J. Order entered.

Jamie Lamar Miller v. State of Mississippi; Winston Circuit Court; LC Case #: 2007-0042CVM; Ruling Date: 03/12/2007; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Jamie Lamar Miller is dismissed as untimely filed. Order entered.

Jimmy Bullock v. AIU Insurance Company, The Gottfried Corporation and AIG Claim Services, Inc.; Disposition: Appellant's Motion to Strike "Supplemental" Materials is granted. Order entered.

Jimmy Bullock v. AIU Insurance Company, The Gottfried Corporation and AIG Claim Services, Inc.; Majority Opinion: Waller, P.J. Disposition: Certified Question Answered. Appellant and appellees taxed with costs of appeal. Votes: Diaz, P.J., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Dickinson, J., Dissents with Separate Written Opinion Joined by Smith, C.J. Dissenting Opinion: Dickinson, J. Votes: Smith, C.J., Joins This Opinion.

Monique Brooks Montgomery v. The Mississippi Bar; LC Case #: 06-338-2; Ruling Date: 12/07/2007; Disposition: This matter is before the Court en banc on the Motion to Stay Execution of Judgment Pending Appeal and a Notice of Appeal from the action of the Committee on Professional Responsibility of The Mississippi Bar filed by Monique Montgomery and the Motion of The Mississippi Bar for Clarification of En Banc Order. The Motion to Stay Execution of Judgment Pending Appeal is remanded to a Complaint Tribunal for an evidentiary hearing on the issue of whether Montgomery made a timely request for a formal disciplinary proceeding under Rule 7 of the Rules of Discipline of The Mississippi Bar. If it is determined that she made such a timely request and that a formal disciplinary proceeding before the Complaint Tribunal is not otherwise barred, the Complaint Tribunal shall conduct such proceedings in accordance with the Rules of Discipline. The appeal in this cause is hereby dismissed, but without prejudice to such right as either party may have to appeal from the adjudication of the Complaint Tribunal. The Motion of The Mississippi Bar for Clarification of En Banc Order is dismissed. Costs in this appeal are assessed to the appellant. Easley, J., disagrees. Graves, J., not participating. Dickinson, J., for the Court. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for Leave from Judgment or for Leave to File Successor Petition for Post-Conviction Relief filed by Earl Wesley Berry is dismissed. Diaz, P.J., Dissents with Separate Written Objection. Graves, J., not participating. Waller, P.J., for the Court. Order entered.