06/08/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2005-KA-00137-SCT

Bobby Earl Wilson, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 040162-CRV; Ruling Date: 12/15/2004; Ruling Judge: Frank Vollor; Majority Opinion: Easley, J. Disposition: Conviction of Bank Robbery as a Violent Habitual Offender and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Without Parole, Affirmed. Warren County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

Pam McVey, Widow and Next Friend of Jerry Neal McVey, Deceased v. Jimmy C. Havard, Executor for Estate of David B. Stephens, M.D.; Forrest Circuit Court; LC Case #: CI99-0183; Ruling Date: 11/22/2003; Ruling Judge: William Coleman; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Cobb, P.J., Diaz, Easley, Carlson, Graves and Dickinson, JJ., Concur. Waller, P.J., and Randolph, J., not participating.

Sanqarell Antonio Jerninghan v. State of Mississippi; Neshoba Circuit Court; LC Case #: 03-CR-072-NS-G; Ruling Date: 11/14/2003; Ruling Judge: Marcus Gordon; Disposition: Petition for Writ of Certiorari filed by Sanqarell Antonio Jerninghan is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Kenneth Greer a/k/a Kenneth D. Greer a/k/a Kenneth Darnell Greer a/k/a Kenneth Green v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-03-0246; Ruling Date: 04/16/2004; Ruling Judge: Stephen Simpson; Disposition: Petition for Writ of Certiorari filed by Kenneth Greer is dismissed. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Randolph, JJ. Not Participating: Graves and Dickinson, JJ. Order entered.

Timmy Trainer, Angela Trainer, SD Amusements of Mississippi, Inc. and Mississippi Amusement Operators' Association v. State of Mississippi; Washington Circuit Court; LC Case #: CI2002-279; Ruling Date: 08/05/2004; Ruling Judge: Richard Smith; Disposition: Motion for Rehearing filed by appellants is denied. Diaz and Graves, JJ., not participating.

Picayune Partners, L. P. d/b/a Picayune Convalescent Center, Keri H. Ladner, Administrator and George T. Johnson, Licensee v. Melvin Vicknair, Individually and on Behalf of the Wrongful Death Heirs and Estate of Lucille Lombardo; Pearl River Circuit Court; LC Case #: 2002-0551E; Ruling Date: 12/16/2004; Ruling Judge: Michael Eubanks; Disposition: Joint Motion to Dismiss Appeal filed by the appellants is granted and this appeal is dismissed. All costs of the appeal are to be borne by the appellants, or as the parties may otherwise agree. Dickinson, J., not participating. Cobb, P.J., for the Court. Order entered.

Justin Haynes v. State of Mississippi; Attala Circuit Court; LC Case #: 2004-00085-CR; Ruling Date: 02/02/2005; Ruling Judge: C. Morgan, III; Majority Opinion: Smith, C.J. Disposition: Count I: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Arson (First Degree) and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in Count II shall run consecutive to the sentence imposed in Count I. The sentence imposed in Count III shall run consecutive to the sentences imposed in Count I and Count II. Attala County taxed with costs of appeal. Votes: Easley and Carlson, JJ., Concur. Randolph, J., Concurs in Result Only. Dickinson, J., Dissents with Separate Written Opinion Joined by Waller and Cobb, P.JJ., and Graves, J. Diaz, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Waller and Cobb, P.JJ., and Graves, J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Cecil Cole; LC Case #: 2004-342; Ruling Date: 11/14/2005; Ruling Judge: Patricia Wise; Opinion: Waller, P.J. Votes: Joint Motion for Approval of Proposed Recommendations filed by the Mississippi Commission on Judicial Performance is granted. Cobb, P.J., Dissents. Diaz, J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Cecil Cole; LC Case #: 2004-342; Ruling Date: 11/14/2005; Ruling Judge: Patricia Wise; Majority Opinion: Waller, P.J. Disposition: Effective upon entry of this order, Cecil Cole, Justice Court Judge of Tate County, shall be publicly reprimanded for his actions in violation of the Canons of the Code of Judicial Conduct of Mississippi and the Mississippi Constitution of 1890. The Clerk of this Court is directed to send a copy of this order to the senior circuit court judge presiding in Tate County with instructions to read this order in open court with Judge Cole present on the first Monday of the beginning of the next term of court after receipt of this order. Judge Cecil Cole is assessed costs in the sum of $100.00. Judge Cecil Cole taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Dissents. Diaz, J., not participating.

Dorothy Walker as the Administratrix of the Estate of Vadie Walker, Deceased v. Whitfield Nursing Center, Inc. d/b/a Whitfield Nursing Home; Alcorn Circuit Court; LC Case #: CV 04-099-GA; Ruling Date: 11/01/2005; Ruling Judge: Thomas Gardner, III; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Dissent Without Separate Written Opinion.