06/22/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2004-KP-02287-SCT

Herman Sipp, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,226(1); Ruling Date: 08/26/2004; Ruling Judge: Robert Krebs; Majority Opinion: Waller, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Cassandra Younger v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1103CRY; Ruling Date: 04/07/2004; Ruling Judge: W. Yerger; Majority Opinion: Waller, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Cory Jenkins, Jimmie Keys and Kendrick Sansom v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-274-CR; Ruling Date: 10/29/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. CORY JENKINS: Conviction of Armed Robbery and Sentence of Twenty-Five (25) Years, with conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. After appellant has served fifteen (15) years of the twenty-five (25) year sentence, the remaining ten (10) years shall be suspended and the appellant shall be placed on post-release supervision for a period of ten (10) years. JIMMIE KEYS: Conviction of Armed Robbery and Sentence of Thirty (30) Years, with conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. After appellant has served twenty (20) years of the thirty (30) year sentence, the remaining ten (10) years shall be suspended and the appellant shall be placed on post-release supervision for a period of ten (10) years. KENDRICK SANSOM: Conviction of Armed Robbery and Sentence of Thirty (30) Years, with conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. After Appellant has served twenty (20) years of the thirty (30) year sentence, the remaining ten (10) years shall be suspended and the appellant shall be placed on post-release supervision for a period of ten (10) years. Forrest County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Jericho Alford v. State of Mississippi; Copiah Circuit Court; LC Case #: 2003-0124-CR-A; Ruling Date: 03/24/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Count I: Conviction of Burglary of a Dwelling and Sentence of Twenty-Five (25) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Kidnapping and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of Conspiracy to Commit the Crime of Armed Robbery and Sentence of Five (5) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I and V shall run consecutively. Sentence in Count II shall run concurrently with the sentences in Counts I and V, the appellant serving a thirty (30) years sentence. Copiah County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Elliot Walker Leach a/k/a Elliott Leach v. State of Mississippi; Neshoba Circuit Court; LC Case #: 05-CR-0032-NS-G; Ruling Date: 03/09/2005; Ruling Judge: Marcus Gordon; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of Sale of Cocaine and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. As a second offender, the sentence in this cause shall run consecutively with the sentence imposed in Case No. 03-CR-0023-NS-C, in the Circuit Court of Neshoba County. Neshoba County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

In Re: Local Rules; Disposition: On the Court's own motion, the local rules of the Fourth Circuit Court District are amended to include a pre-trial order form. The revised local rules for the Fourth Circuit Court District were approved by this Court on May 25, 2006, and the pre-trial order form was inadvertently omitted from the revised rules. The pre-trial order form attached as Exhibit A to the order shall be included in the local rules of the Fourth Circuit Court District. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). The Clerk shall also forward a copy of the pre-trial order form as set forth in Exhibit A to West Publishing Company for publication in the Mississippi Rules of Court. Order entered.

Patricia Smith Wideman v. Yandell Humphrey Wideman; Rankin Chancery Court; LC Case #: 46601; Ruling Date: 08/06/2002; Ruling Judge: Thomas Zebert; Disposition: Petition for writ of certiorari filed by counsel for Patricia Smith Wideman is denied. To Deny: Smith, C.J., Waller, P.J., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Cobb, P.J. Order entered.

David Lee Lawrence v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0400; Ruling Date: 06/28/2003; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for David Lee Lawrence is denied. To Deny: All Justices. Order entered.

Frederick Daniel Dendy v. State of Mississippi; Monroe Circuit Court; LC Case #: CR02-243; Ruling Date: 09/19/2003; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari for review of the decision of the Court of Appeals of the State of Mississippi filed by counsel for Frederick Daniel Dendy is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, J. Order entered.

Kenneth O. Andrews v. State of Mississippi; Pike Circuit Court; LC Case #: 04-149-A; Ruling Date: 07/17/2004; Ruling Judge: Keith Starrett; Disposition: Kenneth O. Andrews' pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

In the Matter of the Adoption of a Minor Child; Pearl River Chancery Court; LC Case #: 99-0729-GN-D; Ruling Date: 06/10/2004; Ruling Judge: Sebe Dale, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant.

Antonio Boyd v. State of Mississippi; Newton Circuit Court; LC Case #: 04-CV-235-NW-G; Ruling Date: 11/19/2004; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed pro se by Antonio Boyd is dismissed upon entry of this order. M.R.A.P. 17(b). Order entered.

ERA Franchise Systems, Inc. v. Vennit B. Mathis, II; Covington Chancery Court; LC Case #: 03-117; Ruling Date: 02/03/2005; Ruling Judge: J. Buffington; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, J. Cobb, P.J., and Randolph, J., not participating. Dissenting Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion.