06/14/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2005-KA-01619-SCT

Horace Paul Burrows v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2004-00531; Ruling Date: 06/17/2005; Ruling Judge: Stephen Simpson; Majority Opinion: Graves, J. Disposition: Count I: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Possession of Controlled Substance and Sentence of Three (3) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run concurrently with the sentence in Count 1 of the same cause for a total of Thirty (30) Years to serve. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Roderick Eskridge v. State of Mississippi; Grenada Circuit Court; LC Case #: 980011ACR; Ruling Date: 01/26/1999; Ruling Judge: C. Morgan, III; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for Roderick Eskridge is dismissed in part and denied in part. Motion to Strike filed by the State of Mississippi is dismissed. Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., agree. Easley and Lamar, JJ., not participating. Diaz, P.J., for the Court. Order entered.

Roderick Eskridge v. State of Mississippi; Grenada Circuit Court; LC Case #: 980011ACR; Ruling Date: 01/26/1999; Ruling Judge: C. Morgan, III; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for Roderick Eskridge is dismissed in part and denied in part. Motion to Strike filed by the State of Mississippi is dismissed. Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., agree. Easley and Lamar, JJ., not participating. Diaz, P.J., for the Court. Order entered.

In the Matter of the Enlarging, Extending, and Defining the Corporate Limits of the City of Brookhaven, Lincoln County, Mississippi; Lincoln Chancery Court; LC Case #: 2002-0698; Ruling Date: 08/03/2004; Ruling Judge: John Ross, Jr.; Disposition: Motion for rehearing filed by appellant is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Easley, J., would grant. Lamar, J., not participating.

In the Matter of the Enlarging, Extending, and Defining the Corporate Limits of the City of Brookhaven, Lincoln County, Mississippi; Lincoln Chancery Court; LC Case #: 2002-0698; Ruling Date: 08/03/2004; Ruling Judge: John Ross, Jr.; Majority Opinion: Diaz, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Lamar, J., not participating.

Joseph Erich Willing, Jr., and Jeanette Willing, Individually, and as Parent and Natural Guardian of the Minors Joseph Brandon Willing and Chadwick Mitchell Willing, and as Administratrix of the Estate of Joseph Erich Willing, Sr., Deceased v. Estate of Richard Benz, Jr., Deceased, Wendy P. Benz, Executrix and The City of Greenwood, Mississippi; Leflore Circuit Court; LC Case #: 2002-0004CI; Ruling Date: 12/08/2004; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by counsel for Joseph and Jeanette Willing is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Diaz, P.J., and Randolph, J. Order entered.

The Estate of Ladell Beckley, Deceased: Clarence Beckley, as Executor v. John Beckley; Pontotoc Chancery Court; LC Case #: 2002-0047; Ruling Date: 02/22/2005; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Senior Partners, Inc. v. Mississippi Employment Security Commission; Hinds Circuit Court 1st District; LC Case #: 251-04-241CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for Senior Partners, Inc., is denied. To Deny: All Justices. Order entered.

Total Transportation, Inc. of Mississippi and Protective Insurance Company v. Gerry Lynn Shores, Widow and Dependent of Phillip Shores, Deceased; Rankin Circuit Court; LC Case #: 2005-99-R; Ruling Date: 09/19/2005; Ruling Judge: Samac Richardson; Disposition: Appellee's Petition for Writ of Certiorari filed by counsel for Gerry Lynn Shores is granted. To Grant: Waller and Diaz, P.JJ., Easley, Carlson, Graves and Lamar, JJ. To Deny: Smith, C.J., Dickinson and Randolph, JJ. Order entered.

Tammy Smith by and through Her Father & Next Friend, Alvin Christopher Smith v. Captain D's, LLC; Alcorn Circuit Court; LC Case #: CV04-281AA; Ruling Date: 12/21/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only. Dickinson, J., Dissents With Separate Written Opinion. Dissenting Opinion: Dickinson, J.

The Mississippi Bar v. Attorney Doe; Disposition: Final Report of Receiver and Petitioner and Request for Discharge filed by William H. Cox, Jr., and joined in by The Mississippi Bar is granted, approved and William H. Cox, Jr., is discharged as Receiver in this matter and that this receivership is concluded upon entry of this order. Order entered.

In Re: Jim Hood, Attorney General, Ex Rel., State of Mississippi Tobacco Litigation: The Partnership for a Healthy Mississippi, Intervenor v. State of Mississippi, by and through Governor Haley Barbour, the Mississippi Division of Medicaid in the Office of the Governor, and the Mississippi Health Care Trust Fund; Jackson Chancery Court; LC Case #: 94-1429; Ruling Date: 05/30/2006; Ruling Judge: Jaye Bradley; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Reversed and Rendered. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion. Graves and Lamar, JJ., not participating. Dissenting Opinion: Diaz, P.J.

Hinds County, Mississippi v. Penny Trammell; Hinds Circuit Court 1st District; LC Case #: 251-03-808CIV; Ruling Date: 03/14/2007; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by Hinds County, Mississippi, is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Graves and Dickinson, JJ. To Grant: Easley, Carlson, Randolph and Lamar, JJ. Order entered.

Charles E. Bunton, III and Housing Authority of the City of Vicksburg v. Darrell King and Mary King; Warren Circuit Court; LC Case #: 05,0271-CI; Ruling Date: 04/05/2007; Ruling Judge: Frank Vollor; Disposition: Petition for Interlocutory Appeal and Motion for Stay filed by Charles E. Bunton, III, and the Housing Authority of the City of Vicksburg are granted. The trial court proceedings are stayed pending resolution of this appeal. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Easley and Graves, JJ. Order entered.

Charles E. Bunton, III and Housing Authority of the City of Vicksburg v. Darrell King and Mary King; Warren Circuit Court; LC Case #: 05,0271-CI; Ruling Date: 04/05/2007; Ruling Judge: Frank Vollor; Disposition: Petition for Interlocutory Appeal and Motion for Stay filed by Charles E. Bunton, III, and the Housing Authority of the City of Vicksburg are granted. The trial court proceedings are stayed pending resolution of this appeal. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Easley and Graves, JJ. Order entered.

G. David Garner v. State of Mississippi Democratic Executive Committee, Wayne Dowdy, Chairman, and Wilton A. McNair; Hinds Circuit Court 1st District; LC Case #: 251-07-245CIV; Ruling Date: 05/24/2007; Ruling Judge: R. Prichard, III; Disposition: Motion for rehearing filed by counsel for appellee, Wilton A. McNair, is denied. Smith, C.J., not participating.