06/23/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2003-KA-02669-SCT

Tissus Horton v. State of Mississippi; Lee Circuit Court; LC Case #: CR02-236; Ruling Date: 12/03/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Carlson, J. Disposition: Conviction of Felony Child Abuse and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, with Eight (8) Years Suspended and Five (5) Years of Post-Release Supervision Pursuant to Miss. Code Ann. Section 47-7-34, With Conditions, Affirmed. Lee County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

BellSouth Personal Communication, LLC, the successor to MCTA, a Mississippi General Partnership v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-00-892CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-CA-01256-SCT MCTA, a Mississippi General Partnership and Northeast Mississippi Cellular, LLC, A Georgia Limited Liability Company v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-02-1114CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., and Diaz, J., not participating.

B. C. Rogers Poultry, Inc. and Bank of Morton v. Tommy Wedgeworth; Smith Circuit Court; LC Case #: 98-0258; Ruling Date: 01/19/2000; Ruling Judge: Robert Evans; Majority Opinion: Randolph, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, P.J., Easley, Graves and Dickinson, JJ., Concur. Smith, C.J., Dissents with Separate Written Opinion Joined by Cobb, P.J., and Carlson, J. Diaz, J., not participating. Dissenting Opinion: Smith, C.J. Votes: Cobb, P.J., and Carlson, J., Join This Opinion.

Public Employees' Retirement System v. Marcia F. Howard; Hinds Circuit Court 1st District; LC Case #: 251-99-1151 (CIV); Ruling Date: 08/31/2000; Ruling Judge: Tomie Green; Disposition: Appellee's second motion for rehearing is granted. The prior opinions are withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Easley and Graves, JJ., would deny. Diaz, J., not participating.

Public Employees' Retirement System v. Marcia F. Howard; Hinds Circuit Court 1st District; LC Case #: 251-99-1151 (CIV); Ruling Date: 08/31/2000; Ruling Judge: Tomie Green; Majority Opinion: Cobb, P.J. Disposition: Appellee's second motion for rehearing is granted. The prior opinions are withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Kendall Blake, M.D. and Jackson Bone and Joint Clinic, L.L.P. v. David Alexander Clein; Hinds Circuit Court 1st District; LC Case #: 251-97-1003 CIV; Ruling Date: 02/19/2002; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellee is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating.

W. B. Curtis, Jr. v. Robert A. Carter, Sr., Dieter Hase and Elisabeth Hase; Jackson Chancery Court; LC Case #: 99-2064-JB; Ruling Date: 10/23/2001; Ruling Judge: Jaye Bradley; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. W. B. Curtis, Jr., taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Debbie Wheat v. Pamela Lindsley; Lamar Chancery Court; LC Case #: 98-0412-D; Ruling Date: 12/09/2002; Ruling Judge: Sebe Dale, Jr.; Disposition: Petition for writ of certiorari filed by Debbie Wheat is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

William T. Busick v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-086; Ruling Date: 10/04/2002; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed pro se by William T. Busick is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Randy Arbuckle a/k/a Randy Dean Arbuckle and Tanoah Bittick v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR02-072; Ruling Date: 01/27/2003; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by counsel for Randy Arbuckle is dismissed as untimely filed. To Dismiss as Untimely Filed: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Harold Green, et al., and City of Richland, Mississippi v. Cleary Water, Sewer & Fire District; Rankin Chancery Court; LC Case #: 52041; Ruling Date: 04/17/2003; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Cleary Water, Sewer & Fire District taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Smith, C.J., and Diaz, J., not participating.

Brenda Bynum v. Mississippi Department of Education; Hinds Circuit Court 1st District; LC Case #: 01-120; Ruling Date: 06/25/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Brenda Bynum is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. Not Participating: Diaz and Dickinson, JJ. Order entered.

The Mississippi Bar v. Frank H. Shaw, Jr.; LC Case #: 2003-B-115; Ruling Date: 07/10/2003; Majority Opinion: Randolph, J. Disposition: Frank H. Shaw, Jr., is suspended form the practice of law in the State of Mississippi for a period of ninety (90) days from and after the date of this opinion. Frank H. Shaw, Jr., taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Waller, P.J., and Diaz, J., not participating.

George Lamar Jackson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-91-26,700; Ruling Date: 09/09/1992; Ruling Judge: James Thomas; Disposition: Petition for writ of certiorari filed by George Lamar Jackson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Edward Kirk Smith v. Richard Hollins; Wilkinson Circuit Court; LC Case #: 03-0129; Ruling Date: 10/27/2003; Ruling Judge: Denise Owens; Disposition: The motion for rehearing filed by Edward Kirk Smith is granted. The prior opinion is withdrawn, and these opinions are substituted therefor. Reversed and Rendered. Graves, J., would deny. Diaz, J., not participating.

Edward Kirk Smith v. Richard Hollins; Wilkinson Circuit Court; LC Case #: 03-0129; Ruling Date: 10/27/2003; Ruling Judge: Denise Owens; Disposition: The motion for rehearing filed by Richard Hollins is denied. The prior opinion is withdrawn, and these opinions are substituted therefor. Reversed and Rendered. Diaz, J., not participating.

Edward Kirk Smith v. Richard Hollins; Wilkinson Circuit Court; LC Case #: 03-0129; Ruling Date: 10/27/2003; Ruling Judge: Denise Owens; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing filed by Edward Kirk Smith is granted, and the motion for rehearing filed by Richard Hollins is denied. The prior opinion is withdrawn, and these opinions are substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Cobb, P.J., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Carlson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Smith, C.J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Carlson, J. Votes: Smith, C.J., Joins This Opinion.

In the Matter of the Petition for Reinstatement of Tammy L. Woolbright to The Mississippi Bar; LC Case #: 2000-BD-00660; Ruling Date: 09/14/2000; Disposition: This matter is before the Court en banc on Tammy L. Woolbright's Petition for Reinstatement to The Mississippi Bar. After having carefully and fully considered Woolbright's petition, the Court finds the petition for reinstatement should be, and hereby is, referred to the Complaint Tribunal to conduct an evidentiary hearing to determine (1) whether the information Woolbright revealed to the executive committee on March 7, 2005, or any other evidence contradicts her prior sworn statements to the Court in her petitions for reinstatement filed on December 15, 2003, and April 28, 2005; (2) whether Woolbright is in compliance vel non with the Court's August 19, 2004, opinion; and (3) to develop a complete record for the Court to consider. Additionally, following the hearing, the Tribunal is directed to file a written opinion with the Court incorporating findings of fact and its recommendation for the Court's final consideration on Woolbright's petition for reinstatement. Cobb, P.J., disagrees. Diaz, J., not participating. Randolph, J., for the Court. Order entered.

Bruce Chambers and Peggy Chambers v. Jerry Campbell; Warren Circuit Court; LC Case #: 02-0156CI; Ruling Date: 03/31/2004; Ruling Judge: Richard Smith; Disposition: Petition for Writ of Certiorari filed pro se by Bruce Chambers and Peggy Chambers is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Leroy Lynch v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 06/05/1998; Ruling Judge: Kenneth Thomas; Disposition: Motion for Clarification of Order filed by Petitioner is granted to the extent stated in this order. As stated in the June 1, 2004 order, the 180 day provision of M.R.A.P. 22 may be extended by order of this Court. The limits of Section 99-39-5(2) may not be extended, except under the rare and exceptional circumstances described in Puckett v. State. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Azki Shah v. The Mississippi Bar; LC Case #: 2004B79; Ruling Date: 05/27/2004; Majority Opinion: Waller, P.J. Disposition: Azki Shah is Disbarred from the Practice of Law in the State of Mississippi from and after the date of the filing of this opinion and is ordered to pay restitution to Colon Vaughn in the amount of $3,750.00, and pay all fees and costs to The Mississippi Bar. Azki Shah taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Carlson, JJ., not participating.

Xavier Brown v. State of Mississippi; Lamar Circuit Court; LC Case #: 99K-909P; Ruling Date: 06/20/2002; Ruling Judge: Keith Starrett; Disposition: Motion for Clarification of Order filed by Petitioner is granted to the extent stated in this order. As stated in the September 3, 2004 order, the 180 day provision of M.R.A.P. 22 may be extended by order of this Court. The limits of Section 99-39-5(2) may not be extended, except under the rare and exceptional circumstances described in Puckett v. State. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

In Re: Petition of Deborah L. Denard for Reinstatement to the Practice of Law; Disposition: Petitioner's Motion for Clarification is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: Motion for Clarification of Order filed by the Petitioner is granted to the extent stated in this order. As stated in the March 7, 2005 order, the 180 day provision of M.R.A.P. 22 may be extended by order of this Court. The limits of Section 99-39-5(2) may not be extended, except under the rare and exceptional circumstances described in Puckett v. State. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Upper Midwest Organ Procurement Organization, Inc. d/b/a Lifesource v. Joey Gore; Hinds Circuit Court 1st District; LC Case #: 251-02-1580CIV; Ruling Date: 03/03/2005; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by Upper Midwest Organ Procurement Organization, Inc. d/b/a Lifesource is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Waller, P.J., and Diaz, J. Order entered

The University of Mississippi Medical Center v. Joey Gore; Hinds Circuit Court 1st District; LC Case #: 251-02-1580CIV; Ruling Date: 03/03/2005; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by The University of Mississippi Medical Center is denied. To Deny: Cobb, P.J., Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Easley and Dickinson, JJ. Not Participating: Waller, P.J., and Diaz, J. Order entered.

Mississippi Organ Recovery Agency v. Joey Gore; Hinds Circuit Court 1st District; LC Case #: 251-02-1580CIV; Ruling Date: 03/07/2005; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by Mississippi Organ Recovery Agency is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Waller, P.J., and Diaz, J. 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 Clarification of Order filed by Petitioner is granted to the extent stated in this order. As stated in the March 28, 2005 order, the 180 day provision of M.R.A.P. 22 may be extended by order of this Court. The limits of Section 99-39-5(2) may not be extended, except under the rare and exceptional circumstances described in Puckett v. State. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Derrick Demond Walker v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-693; Ruling Date: 06/06/2003; Ruling Judge: Paul Funderburk; Disposition: Motion for Clarification of Order filed by Petitioner is granted to the extent stated in this order. As stated in the April 18, 2005 order, the 180 day provision of M.R.A.P. 22 may be extended by order of this Court. The limits of Section 99-39-5(2) may not be extended, except under the rare and exceptional circumstances described in Puckett v. State. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.