06/02/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2004-CA-00841-SCT

Kassey Ray Ayles, a Minor, by and through Her Mother and Next Friend, Lesley Melton Allen v. Coleman Maddox Allen, III and M. Lee Graves; Coahoma Circuit Court; LC Case #: 14-CI-04-0003-ABS; Ruling Date: 04/17/2004; Ruling Judge: Gray Evans; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Latanya Leshawn Dubose v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,775(1); Ruling Date: 10/17/2003; Ruling Judge: Robert Krebs; Majority Opinion: Easley, J. Disposition: Conviction of Manslaughter and Sentence of Twenty (20) Years, with Conditions, in the Custody of the Mississippi Department of Corrections, with Thirteen (13) Years to Serve, Seven (7) Years Suspended and Five (5) Years on Post Release Supervision, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Donniver Terrell Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-045-LE-C; Ruling Date: 01/23/2004; Ruling Judge: V. Cotten; Majority Opinion: Easley, J. Disposition: Count I: Conviction of the Sale of a Schedule II Controlled Substance (Cocaine) and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of the Sale of Less than one Ounce of a Schedule I Controlled Substance (Marijuana) and Sentence of Three (3) Years, with Conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run concurrently with the sentence in Count I, all for a total of thirty (30) years to serve. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Anton Foster v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0061; Ruling Date: 04/15/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Armed Robbery and Sentence of Fifteen (15) Years, with Conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Attempted Aggravated Assault and Sentence of Five (5) Years, with Conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. After appellant has served ten (10) years in Count I and five (5) years in Count II, the remaining five (5) years in Count I shall be suspended. Appellant shall receive credit for all time previously served in this cause. The sentence in Count II shall run concurrently with the sentence in Count I and sentences in both counts shall run consecutively to any and all sentences previously imposed. Coahoma County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Rusty Edward Netherland v. State of Mississippi; Leake Circuit Court; LC Case #: 04-CR-046-LE-G; Ruling Date: 05/14/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Easley, J. Disposition: Conviction of Aggravated Assault and Sentence of Eight (8) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in said cause shall run consecutively to the sentence appellant is currently serving. Leake County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Beth McMichael v. Eli Howell, M.D.; Lamar Circuit Court; LC Case #: 2001-332; Ruling Date: 06/29/2004; Ruling Judge: R. Prichard, III; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz and Randolph, JJ., not participating.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: Appellant's Motion to Set Briefing Schedule is denied. Diaz, J., not participating. Order entered.

Richard Gerald Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 18807; Ruling Date: 04/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Motion for rehearing filed by petitioner is denied. Diaz, J., not participating.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellee's Motion to Modify or Clarify Opinion which is in the nature of a motion for clarification pursuant to M.R.A.P. 27 is granted. Opinion clarified at paragraphs 50 and 59. Diaz, J., not participating. Order entered.

Order correcting disposition of June 2, 2005, entered March 10, 2006 to read as follows: Appellee's Motion to Modify or Clarify Opinion which is in the nature of a motion for clarification pursuant to M.R.A.P. 27 is granted. Opinion clarified at paragraphs 50, 51, and 59. Diaz, J., not participanting. Order entered.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Derrick Demond Walker v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-693; Ruling Date: 06/06/2003; Ruling Judge: Paul Funderburk; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

The City of Jackson v. The Internal Engine Parts Group, Inc. a/k/a Engine Parts Warehouse Jackson and Clearbrook Holdings, LLC.; Hinds Circuit Court 1st District; LC Case #: 251-02-91-CIV; Ruling Date: 11/24/2003; Ruling Judge: W. Yerger; Disposition: Appellees' Motion for Assessment of Statutory Penalty Pursuant to Section 11-3-23 of the Mississippi Code is granted. The statutory penalty of fifteen percent of the judgment is hereby assessed against the appellant. The mandate shall be amended to read as follows, "Affirmed. Appellant taxed with costs of appeal. Statutory penalty assessed against appellant." Graves, J., would deny. Diaz, J., not participating. Order entered.

The City of Jackson v. The Internal Engine Parts Group, Inc. a/k/a Engine Parts Warehouse Jackson and Clearbrook Holdings, LLC.; Hinds Circuit Court 1st District; LC Case #: 251-02-91-CIV; Ruling Date: 11/24/2003; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by the appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Debra Waters v. James "Danny" Gnemi; Holmes Circuit Court; LC Case #: 2003-366; Ruling Date: 11/13/2003; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Anita Mayfield v. The Hairbender; Calhoun Circuit Court; LC Case #: C2002-087; Ruling Date: 02/06/2004; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing filed by appellee is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed in Part; Reversed and Remanded in Part. Diaz, J., not participating.

Anita Mayfield v. The Hairbender; Calhoun Circuit Court; LC Case #: C2002-087; Ruling Date: 02/06/2004; Ruling Judge: Andrew Howorth; Disposition: Mississippi Defense Lawyers Association's Motion for Reconsideration of this Court's prior order, which denied a motion for additional time in which to submit a brief of amicus curiae, is denied. Order entered.

Anita Mayfield v. The Hairbender; Calhoun Circuit Court; LC Case #: C2002-087; Ruling Date: 02/06/2004; Ruling Judge: Andrew Howorth; Majority Opinion: Dickinson, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

Baptist Memorial Hospital-Desoto Inc. and Dr. Winston Craig Clark v. James Bailey; Quitman Circuit Court; LC Case #: 2003-094; Ruling Date: 02/27/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.