05/10/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2006-KA-01216-SCT

Reggie Petty v. State of Mississippi; Neshoba Circuit Court; LC Case #: 06-CR-0074-NS-G; Ruling Date: 07/14/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Count I: Conviction of Sale of less than Thirty (30) Grams of Marijuana and Sentence of Three (3) Years in the custody of the Mississippi Department of Corrections, with conditions, and Payment of a fine of $1500.00 and all court costs, Affirmed. Count II: Conviction of Sale of Methamphetamine and Sentence of Seven (7) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively for a total of ten (10) years. Neshoba County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur.

Charlean Troupe v. James McAuley, M.D., North Mississippi Medical Center, Inc., North Mississippi Health Services, Inc., and North Mississippi Surgical Center, Inc.; Lee Circuit Court; LC Case #: 02-058(G)L; Ruling Date: 01/23/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson and Randolph, JJ., Concur. Diaz, P.J., and Graves, J., Dissent Without Separate Written Opinion.

Dr. Frank Servedio v. University of Southern Mississippi, Dr. Aubrey K. Lucas, Individually and Officially, Dr. James Ellard, Individually and Officially, Dr. Sandra Gangstead, Individually and Officially, and The Board of Trustees of State Institutions of Higher Learning, Individually and Officially; Forrest Circuit Court; LC Case #: 3-95-4473; Ruling Date: 05/18/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Brenda Savory v. First Union National Bank of Delaware; Leflore Circuit Court; LC Case #: 2001-022CI; Ruling Date: 10/15/2002; Ruling Judge: Margaret Carey-McCray; Disposition: Motion for rehearing filed by appellee is denied.

Joseph Michael Cridiso v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-069-CR; Ruling Date: 02/25/2004; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Joseph Michael Cridiso is denied. To Deny: All Justices. Order entered.

Tyler Edmonds v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0132-CR; Ruling Date: 07/24/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by the State of Mississippi is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Diaz, P.J., and Easley, J., would grant. Dickinson, J., not participating.

Tyler Edmonds v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0132-CR; Ruling Date: 07/24/2004; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Carlson, Graves and Randolph, JJ., Concur. Diaz, P.J., Specially Concurs with Separate Written Opinion Joined by Graves, J. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Waller, P.J., and Carlson, J.; Smith, C.J., Joins in Part. Easley, J., Dissents With Separate Written Opinion. Dickinson, J., not participating. Specially Concurring Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion. Specially Concurring Opinion: Randolph, J. Votes: Waller, P.J., and Carlson, J., Join This Opinion. Smith, C.J., Joins This Opinion in Part. Dissenting Opinion: Easley, J.

Eddie Gilmer v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-0271; Ruling Date: 08/20/2004; Ruling Judge: Samac Richardson; Majority Opinion: Smith, C.J. Disposition: Count VI: Conviction of Photographing a Person in Private Without Permission and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count VII: Conviction of Photographing a Person in Private Without Permission and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count VIII: Conviction of Photographing a Person in Private Without Permission and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count IX: Conviction of Photographing a Person in Private Without Permission and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count X: Conviction of Photographing a Person in Private Without Permission and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. The sentences in Counts VI, VII, VIII, IX and X shall run consecutively with each other. Pursuant to Section 47-7-33 or Section 47-7-34, Mississippi Code of 1972, the execution of the last five (5) years of the sentences imposed in Counts IX and X are stayed and that portion of the sentence(s) is/are suspended and the appellant shall be released on supervised probation for a term of five (5) years, with conditions, under the supervision of the Mississippi Department of Corrections. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Randolph, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves and Dickinson, JJ. Dickinson, J., Dissents With Separate Written Opinion Joined by Diaz, P.J., and Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves and Dickinson, JJ., Join This Opinion. Dissenting Opinion: Dickinson, J. Votes: Diaz, P.J., and Graves, J., Join This Opinion.

Bobby Taylor v. State of Mississippi; Warren Circuit Court; LC Case #: 03,02370-CRV; Ruling Date: 04/21/2004; Ruling Judge: Frank Vollor; Disposition: Motion for rehearing filed by appellant is denied.

Willie Mae Veal, Individually and as Administratrix of the Estate of Willie Mae Smith, for the Use and Benefit of the Estate and Wrongful Death Beneficiaries of Willie Mae Smith v. J. P. Morgan Trust Company, N.A. f/k/a Chase Manhattan Trust Company, National Association; Eaton Vance Corp., Eaton Vance Municipals Trust, and Eaton Vance Municipals Trust II; Washington Circuit Court; LC Case #: CI2002-484; Ruling Date: 03/03/2005; Ruling Judge: W. Hines; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Randolph, JJ., Concur. Diaz, P.J., and Graves, J., Dissent Without Separate Written Opinion. Carlson, J., not participating.

David Laneil Stuart v. Karon Alice Stuart; Leake Chancery Court; LC Case #: 2001-0125; Ruling Date: 04/11/2005; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed by counsel for David Laneil Stuart is denied. To Deny: All Justices. Order entered.

Cortney Jo Ashmore McCord v. HealthCare Recoveries, Inc. and Travelers Insurance Company; Lee Chancery Court; LC Case #: 97-0525; Ruling Date: 06/03/2005; Ruling Judge: Jacqueline Mask; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., and Dickinson, J., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, P.J., and Randolph, J. Concurring in Part and Dissenting in Part Opinion: Easley, J. Votes: Diaz, P.J., and Randolph, J., Join This Opinion.

Raymond Smith v. Petal School District; Forrest Chancery Court; LC Case #: 05-0092-GN-TH; Ruling Date: 06/20/2005; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Raymond Smith is denied. To Deny: All Justices. Order entered.

Trowbridge Partners, L.P., a Mississippi Limited Partnership; Phil Moore; and Neal Clement v. Mississippi Transportation Commission; Madison Special Court of Eminent Domain; LC Case #: CO-2004-0373-01; Ruling Date: 09/07/2005; Ruling Judge: William Agin; Disposition: Motion for rehearing filed by appellants is denied. Graves, J., not participating.