06/09/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
X  2004-KA-00563-SCT

Aires Chambliss v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2003-37KR; Ruling Date: 02/20/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Conviction of Aggravated Assault and Sentence of Ten (10) Years, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Jefferson County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Mack C. Wells v. State of Mississippi; Scott Circuit Court; LC Case #: 4614; Ruling Date: 09/28/1995; Ruling Judge: Marcus Gordon; Disposition: Appellant's Application for Leave to Proceed in Trial Court for Post-Conviction Relief, denied. Diaz and Graves, JJ., not participating. See Opinion of this Court handed down this date.

Mack C. Wells v. State of Mississippi; Scott Circuit Court; LC Case #: 4614; Ruling Date: 09/28/1995; Ruling Judge: Marcus Gordon; Majority Opinion: Carlson, J. Disposition: Application for Leave to Proceed in Trial Court for Post-Conviction Relief, Denied. Scott County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

USF&G Insurance Company of Mississippi v. George K. Walls and Roxie Ann Wells; Panola Chancery Court 2nd District; LC Case #: B-99-07-272; Ruling Date: 05/16/2000; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellees' Motion to Amend, Correct or Clarify Order, Opinion or Mandate is granted. Diaz, J., not participating. Order entered.

USF&G Insurance Company of Mississippi v. George K. Walls and Roxie Ann Wells; Panola Chancery Court 2nd District; LC Case #: B-99-07-272; Ruling Date: 05/16/2000; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Graves, J. Disposition: The Appellees' Motion to Amend, Correct or Clarify Order, Opinion or Mandate is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Diaz, J., not participating.

Melvin Darnell Ransom v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-017; Ruling Date: 08/15/2000; Ruling Judge: L. Hilburn, ; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. Not Participating: Diaz, Graves and Dickinson, JJ. Order entered.

Quintez Wren Hodges v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0526-CR1; Ruling Date: 09/13/2001; Ruling Judge: John Montgomery; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

James Luvene v. Dorothy Waldrup and Michael Cooke; Marshall Circuit Court; LC Case #: M00-242; Ruling Date: 07/12/2002; Ruling Judge: Henry Lackey; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part and the Judgment of the Circuit Court is Reinstated and Affirmed. James Luvene taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Grover C. Hodges v. State of Mississippi; Pike Circuit Court; LC Case #: 02-141-KB; Ruling Date: 08/30/2002; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed pro se by Grover Hodges is dismissed. M.R.A.P. 17(b). Order entered.

HWCC-Tunica, Inc. d/b/a Hollywood Casino v. Brenda Jenkins; Tunica Circuit Court; LC Case #: 99-0187-AS; Ruling Date: 09/26/2002; Ruling Judge: Albert Smith, III; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Tunica County Circuit Court is Reinstated and Affirmed. HWCC-Tunica, Inc. d/b/a Hollywood Casino taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Daniel Meyers v. American States Insurance Company, American Economy Insurance Company and Safeco Insurance Company of America; Jackson Circuit Court; LC Case #: CI-95-0179(1); Ruling Date: 07/15/2003; Ruling Judge: Dale Harkey; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Jerald Rankin v. Clements Cadillac, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-000280; Ruling Date: 02/26/2003; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Clements Cadillac, Inc., taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Illinois Central Gulf Railroad Company v. William K. Milward; Quitman Circuit Court; LC Case #: 99-0073-T; Ruling Date: 01/20/2004; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellee is denied. Opinion modified at paragraphs 35-38. Graves and Randolph, JJ., would grant. Diaz, J., not participating.

United Services Automobile Association v. Deborah C. Stewart, Individually and on Behalf of Other Wrongful Death Beneficiaries of Robert Earl Stewart, Jr.; Forrest Chancery Court; LC Case #: 04-0039-GNW; Ruling Date: 07/26/2004; Ruling Judge: Johnny Williams; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The Strategic Goals and Policy Standards for Data and Case Management and Electronic Filing set forth in the Report of the Supreme Court E-Filing/Court Docket Management Committee attached as Exhibit "A" to this order are approved and adopted as the goals and standards to be followed in the development of a system or systems for data and case management and electronic filing for the courts of this state. The Committee and each of its members is commended with the thanks of the Court for the Committee's work and the diligent attention to the task by its members. Diaz, J., not participating. Administrative Order entered.

Beverly Enterprises, Inc, Beverly Health & Rehabilitation Services, Inc. f/k/a Beverly California Corp., Beverly Enterprises-Mississippi, Inc. d/b/a Beverly Healthcare-Eason Boulevard, Aegis Therapies, Inc. f/k/a Beverly Rehabilitation, Inc. and Deborah H. Spence, and John Does 1-20 v. Elizabeth O'Neal, Individually and on Behalf of the Wrongful Death Beneficiaries of Elverta Ledbetter, Deceased; Lee Circuit Court; LC Case #: CV04-146PF(L); Ruling Date: 04/13/2005; Ruling Judge: Sharion Aycock; Disposition: Petition for Permission to Appeal Interlocutory Order filed by counsel for the petitioners is denied. To Deny: Waller, P.J., Easley, Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Not Participating: Diaz, J. Order entered.

Murphy Oil USA, Inc. d/b/a Spur Oil and Gas Corporation v. Lillie Mae Harris, Bernadette Carthledge, Natarshi Griffin and Deborah Hinton; Hinds Circuit Court 1st District; LC Case #: 251-07-1494CIV; Ruling Date: 04/12/2005; Ruling Judge: Tomie Green; Disposition: Petition for Expedited Interlocutory Appeal and for Stay of Trial Court Action filed by counsel for Murphy Oil USA is granted. The trial court order denying Murphy's motion for summary judgment is vacated and judgment is rendered in favor of Murphy Oil USA. All costs are assessed to the respondents. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Cobb, P.J., for the Court. Order entered.