05/15/2008 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99015-SCT

In Re: Local Rules; Disposition: Petition for Approval of the Revised Rules of Practice and Procedure filed by the Honorable J. Max Kilpatrick and the Honorable Edward C. Fenwick of the Sixth Chancery Court District is granted. The proposed rules are attached as Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). To Grant: All Justices. Order entered.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: On the Court's own motion, Rule 4.06 of the Uniform Circuit and County Court Rules is hereby adopted as set out in the order. On the Court's own motion, the Comment to Rule 5 of the Mississippi Rules of Appellate Procedure is amended as set out in the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Agree: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. Disagree: Easley and Graves, JJ. Order entered.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: On the Court's own motion, Rule 8.01 of the Uniform Rules of Circuit and County Court Practice is hereby amended as set forth in Exhibit A to the order. The amendment will become effective on July 1, 2008. The Clerk of this Court shall spread the Order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication in the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Easley, J., Objects with Separate Written Objection. Order entered.

In Re: Authorization of Court Annexed Mediation In Chancery, Circuit and County Courts; Disposition: Petition of the Mississippi Bar to Establish Enhanced Qualifications for Inclusion on the List of Court Annexed Mediation Program Mediators, referenced in Section X of the Court Annexed Mediation Rules for Civil Litigation is granted in part and denied in part. The qualifications are enhanced as set out in the order. The Clerk of this Court shall spread this order upon the minutes of the Court and a true certified copy shall be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves, J. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 4.06 of the Uniform Circuit and County Court Rules is hereby adopted as set out in the order. On the Court's own motion, the Comment to Rule 5 of the Mississippi Rules of Appellate Procedure is amended as set out in the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Agree: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. Disagree: Easley and Graves, JJ. Order entered.

James Wesley Scott v. State of Mississippi; Forrest Circuit Court; LC Case #: 00-172CR; Ruling Date: 09/06/2001; Ruling Judge: Richard McKenzie; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed. Conviction of robbery and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. Forrest County taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion.

James Myhand a/k/a James David Myhand v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-388; Ruling Date: 08/19/2005; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed pro se by James Myhand is denied. To Deny: All Justices. Order entered.

Patricia Ann Jackson Austin v. John Thomas Austin; Wayne Chancery Court; LC Case #: 2001-0088; Ruling Date: 03/31/2006; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Patricia Ann Jackson Austin is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Easley and Randolph, JJ. Order entered.

Samuel Thomas Oswalt v. Sandra Lynne Muirhead Oswalt; Choctaw Chancery Court; LC Case #: 2004-0076; Ruling Date: 06/06/2006; Ruling Judge: John Love, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Samuel Thomas Oswalt is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. To Grant: Easley, J. Not Participating: Dickinson, J. Order entered.

Mikimie Tenille Brown a/k/a Mikimie Brown a/k/a Mikimie Kim Brown v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0333-E; Ruling Date: 10/24/2006; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed by counsel for Mikime Tenille Brown is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.