06/05/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E.
  2006-CA-01106-SCT

Shappley Harris, The Shappley Co., Inc., and Fire & Casualty Benefits v. Hinds County, Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-1063CIV; Ruling Date: 04/25/2006; Ruling Judge: Winston Kidd; Majority Opinion: Diaz, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Smith, C.J., and Graves, J., not participating.

In Re: Commission for Study of Domestic Abuse Proceedings; Disposition: By order entered May 22, 2008, the Court created the Supreme Court Commission for Study of Domestic Abuse Proceedings and established its membership. On the Court's own motion, the Court now amends and supplements that order by adding to the membership of the Commission the individuals set out in this supplemental order. The Clerk of this Court shall transmit to each member of the Commission a true copy of this order. Supplemental Order entered.

William Joseph Holly v. State of Mississippi; Grenada Circuit Court; LC Case #: 6336; Ruling Date: 03/03/1993; Disposition: Motion for Resentencing filed by counsel for William Joseph Holly is granted. This matter is remanded to the Grenada County Circuit Court for resentencing in accordance with the decision of Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 1201, 161 L.Ed.2d 1, 28 (2005) and Mississippi Code Section 99-19-107 (Rev. 2007). Order entered.

Ronnie Smith a/k/a Ronnie Edward Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-967; Ruling Date: 03/11/2005; Ruling Judge: Tomie Green; Disposition: Petitions for writ of certiorari filed by Ronnie Edward Smith and his counsel are denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Tyrone Morton and Annie Morton v. City of Shelby and James Carmicle, In His Individual and Official Capacity; Bolivar Circuit Court 2nd District; LC Case #: 2004-0129; Ruling Date: 01/17/2006; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by Tyrone and Annie Morton is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J. Order entered.

Richard Broderick Jones v. Nevada Rae Barr Jones; Hinds Chancery Court 1st District; LC Case #: G2004-2398 R/1; Ruling Date: 01/25/2006; Ruling Judge: Stuart Robinson; Disposition: Petition for writ of certiorari filed by Richard Broderick Jones is granted. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley, Graves, Randolph and Lamar, JJ. Order entered.

The Prudential Insurance Company of America and Pruco Life Insurance Company v. Patty Stewart, Sally Stewart Hester, Giles Stewart, Larry Stewart, Individually, as Co-Executors of the Estate of Edsel Stewart; and Larry Stewart and Giles Stewart as Co-Trustees of the Stewart Family Life Insurance Trust; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Date: 02/28/2006; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by counsel for the appellees is dismissed as not properly before this Court. M.R.A.P. 40(a). Motion to retax costs filed by counsel for the appellees is dismissed as untimely. M.R.A.P. 36(d). Diaz, P.J., Objects with Separate Written Statement Joined by Graves, J. Order entered.

Jimmy Dao v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-433-CR; Ruling Date: 03/23/2005; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Jimmy Dao is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Graves, J. Order entered.

Robinson Property Group, Limited Partnership, d/b/a Horseshoe Casino and Hotel, and Insurance Company of the State of Pennsylvania v. Carrie Newton; Tunica Circuit Court; LC Case #: 2005-0324; Ruling Date: 07/05/2006; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed pro se by Carrie Newton 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.

The Estate of John Grimes, by and through his Wife and next Friend, Helen Grimes, on behalf of the Wrongful Death Beneficiaries v. Dr. James Warrington, Jr.; Bolivar Circuit Court 2nd District; LC Case #: 2001-0052; Ruling Date: 10/09/2006; Ruling Judge: Charles Webster; Disposition: Motion for rehearing filed by appellee is denied.

Aaron Bishop v. State of Mississippi; Attala Circuit Court; LC Case #: 2006-046-CR; Ruling Date: 10/11/2006; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by appellant is denied.

Gregory Smith a/k/a Jr. and Lewis Green a/k/a Lewis Thomas Green a/k/a Ghost v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 275-06; Ruling Date: 11/30/2006; Ruling Judge: Robert Bailey; Disposition: Appellant Lewis Green's Motion to Withdraw Appeal is granted. Lewis Green is dismissed as an appellant in this case, and the Clerk of this Court is directed to revise the caption for this case accordingly. Graves, J., not participating. Order entered.

In Re: Petition of Kerry L. Prisock for Reinstatement to the Practice of Law; LC Case #: 93-B-697; Ruling Date: 07/19/1994; Disposition: Kerry L. Prisock's Petition for Reinstatement to the Privilege of Practicing Law in the State of Mississippi is denied. See Opinion of this Court handed down this date. Diaz, P.J., Easley and Graves, JJ., would grant.

In Re: Petition of Kerry L. Prisock for Reinstatement to the Practice of Law; LC Case #: 93-B-697; Ruling Date: 07/19/1994; Majority Opinion: Randolph, J. Disposition: Kerry L. Prisock's Petition for Reinstatement to the Privilege of Practicing Law in the State of Mississippi is denied. Kerry L. Prisock taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Easley and Graves, JJ., Dissent Without Separate Written Opinion.

Mississippi Commission on Judicial Performance v. Frank L. Sutton, Sr.; LC Case #: 2005-303/2006-003; Ruling Date: 10/31/2007; Ruling Judge: Franklin Coleman; Majority Opinion: Lamar, J. Disposition: Judge Frank L. Sutton, Sr., Justice Court Judge for Hinds County, District Three, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Hinds County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed costs in the amount of $1900.89. Judge Frank L. Sutton, Sr., taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Smith, C.J., Diaz, P.J., and Easley, J., not participating.