05/18/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2004-CA-00078-SCT

Julie Rosson v. Dr. Mark McFarland; Hancock Circuit Court; LC Case #: 99-0205; Ruling Date: 09/30/2003; Ruling Judge: Stephen Simpson; Majority Opinion: Randolph, J. Disposition: On Both Direct Appeal and Cross-Appeal: Dismissed. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Pat Cuneo v. B & L Development Corporation and Grand Casinos, Inc.; Tunica Circuit Court; LC Case #: 01-360; Ruling Date: 10/25/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Donald Hales v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-96-KR2; Ruling Date: 09/24/2004; Ruling Judge: Billy Landrum; Majority Opinion: Smith, C.J. Disposition: Conviction of Possession of Cocaine (5.71 grams) and Sentence of Sixteen (16) Years, with Four (4) Years Suspended, in the Custody of the Mississippi Department of Corrections, Affirmed. Jones County taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Cobb, P.J. and Diaz, J., not participating.

In Re: Local Rules; Disposition: On the Court's own motion, the local rules for those certain circuit, chancery and county courts which maintain such rules have been converted into a consistent format for publication in the Mississippi Rules of Court and are approved. The local rules are revised as set forth in Exhibits "A" through "W" attached to the order. The Clerk of the Supreme Court shall record this order in the minutes of the Court and shall forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). The Clerk shall also forward a copy of the revised local rules as set forth in Exhibits "A" through "W" to West Publishing Company for publication in the Mississippi Rules of Court. Not Participating: Diaz and Randolph, JJ. Order entered.

In Re: Local Rules; Disposition: Petition to Rescind Local Rules filed by Honorable George Ward of the Seventeenth Chancery Court District is granted. The previously adopted local rules 95-1 and 95-2 are repealed. The Clerk of the Supreme Court shall record this order in the minutes of the Court and shall forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Order entered.

In Re: Rules of Professional Conduct; Disposition: Rule 1.15 of the Mississippi Rules of Professional Conduct and its Comment are amended as set forth in Exhibit "A" attached to the order. The effective date of revised Rule 1.15 is January 1, 2007. The Clerk of this Court shall record this order in the minutes of the Court and a true certified copy shall be forwarded to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Not Participating: Diaz and Randolph, JJ. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, the Comment to Rule 27 of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of this 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. Not Participating: Diaz and Randolph, JJ. Order entered.

Dextor Latroy Jordan v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4901; Ruling Date: 11/06/2002; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Dextor Latroy Jordan 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.

Iris M. Wilner v. M. Neil White, M.D., and Gulf Coast OB/GYN, P.A.; Jackson Circuit Court; LC Case #: CI-98-0054(1); Ruling Date: 07/16/2003; Ruling Judge: Kathy Jackson; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed; The Judgment of the Circuit Court of Jackson County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Tommy Christopher Bynum a/k/a Tommy Bynum a/k/a Tommy C. Bynum v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 055-03; Ruling Date: 08/29/2003; Ruling Judge: Larry Roberts; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. Conviction of Robbery and Sentence of Twelve (12) Years in the Custody of the Mississippi Department of Corrections, with Conditions, Payment of a Fine of $5,000, Payment of Restitution in the amount of $390, and other fees and costs, Affirmed. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ., Concur. Easley, J., Concurs in Result Only Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Julie Rosson v. Dr. Mark McFarland; Hancock Circuit Court; LC Case #: 99-0205; Ruling Date: 09/30/2003; Ruling Judge: Stephen Simpson; Disposition: Petition to Supplement the Record is dismissed for lack of jurisdiction. See Opinion of this Court handed down this date. Diaz, J., not participating.

Andres Johnson and Linda Johnson v. Bay City South Mortgage Company, Robert Blake and WMC Mortgage Corp.; Hinds Circuit Court 1st District; LC Case #: 251-99-1161CIV; Ruling Date: 01/12/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Andres Johnson 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.

Joseph K. Speetjens, Dr. Faser Triplett, et al. v. Malaco Inc., et al.; Madison Chancery Court; LC Case #: 97-255; Ruling Date: 05/05/2004; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., Dissent Without Separate Written Opinion. Easley, J., Dissents With Separate Written Opinion. Randolph, J., not participating. Dissenting Opinion: Easley, J.

James Stanley Foster v. State of Mississippi; Prentiss Circuit Court; LC Case #: CR04-062; Ruling Date: 07/01/2004; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by counsel for James Stanley Foster 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.

Pat Cuneo v. B & L Development Corporation and Grand Casinos, Inc.; Tunica Circuit Court; LC Case #: 01-360; Ruling Date: 10/25/2004; Ruling Judge: Kenneth Thomas; Disposition: Motion for Supplementation of Record filed by Pat Cuneo is denied. Diaz and Randolph, JJ., not participating. Order entered.

Pat Cuneo v. B & L Development Corporation and Grand Casinos, Inc.; Tunica Circuit Court; LC Case #: 01-360; Ruling Date: 10/25/2004; Ruling Judge: Kenneth Thomas; Disposition: Appellees' Motion to Strike or Alternatively to Respond to New Issues Raised by Appellant's Reply to Appellees' Response to Motion for Supplementation of Record is denied. Diaz and Randolph, JJ., not participating. Order entered.

Roy Bradfield v. Richard Schwartz d/b/a Schwartz & Associates, P. A., and Richard Schwartz, Individually; Hinds Circuit Court 1st District; LC Case #: 251-01-111CIV; Ruling Date: 12/23/2004; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ. and Dickinson, J., Concur. Diaz, Easley, Graves and Randolph, JJ., not participating.

Homan McFarling v. Jimmy Sanders, Inc.; Pontotoc Circuit Court; LC Case #: CV-01-048R(PO); Ruling Date: 12/03/2004; Ruling Judge: Paul Funderburk; Disposition: Motion for Rehearing filed by appellant is denied. Diaz, Carlson and Randolph, JJ., not participating.

Mississippi Department of Transportation v. Lori Allred; Union Circuit Court; LC Case #: U-98097; Ruling Date: 02/18/2005; Ruling Judge: Andrew Howorth; Disposition: Motion for Rehearing filed by appellee is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating.

Courtney Aldridge and Kevin Colbert, Individually and on Behalf of Other Concerned Citizens of the City of Natchez, Mississippi v. Phillip C. West, in His Capacity as Mayor of the City of Natchez, Mississippi; Joyce T. Arceneaux; James E. Gray, Jr.; Robert E. Pollard; Theodore J. West; David M. Massey; and John W. Middleton, Jr., in Their Official Capacities as Alderwoman and Aldermen of the City of Natchez, Mississippi; Adams Circuit Court; LC Case #: 04-KV-0271-J; Ruling Date: 05/09/2005; Ruling Judge: Mike Smith; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.