06/26/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
XX  2006-KA-02149-SCT

Gregory Smith a/k/a Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 275-06; Ruling Date: 11/30/2006; Ruling Judge: Robert Bailey; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of robbery by use of a deadly weapon, Affirmed. Appellant received no sentence on Count I, that offense being encompassed in Count II. Count II: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence is consecutive to any other sentence and this appellant shall be eligible for parole, but under 47-7-3 MCA, this shall be without parole consideration. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, P.J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

Harold Ousley v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-260; Ruling Date: 07/21/2004; Ruling Judge: W. Hines; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of possession of a firearm by a convicted felon and sentence of three (3) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with the sentence in Count l. Washington County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and in Result.

Kenneth Brown v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-228; Ruling Date: 12/10/2004; Ruling Judge: Betty Sanders; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of Washington County is Reversed and Remanded. Washington County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Lamar, JJ., Concur. Graves and Randolph, JJ., Concur in Result Only. Diaz, P.J., Concurs in Part and in Result and Dissents in Part Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Easley, J.

Latina Williams v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-495; Ruling Date: 09/12/2005; Ruling Judge: William Chapman, III; Disposition: This Court granted the petition for writ of certiorari filed by counsel for Latina Williams by order entered February 7, 2008. After due consideration, the Court finds that the petition was improvidently granted. On the Court's own motion, the petition for writ of certiorari is dismissed as improvidently granted. Graves, J., disagrees. Dickinson, J., for the Court. Order entered.

Eric Pierre McDowell and Barbara (Bobby) Lynn Chapman v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 092-04; Ruling Date: 09/27/2005; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by counsel for Eric Pierre McDowell is denied. To Deny: All Justices. Order entered.

Michael Salts a/k/a Michael I. Salts and Marie Salts a/k/a Alice Marie Salts v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-650(G)L; Ruling Date: 02/21/2006; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by counsel for Michael and Marie Salts is denied. To Deny: Smith, C.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Waller and Diaz, P.JJ. Not Participating: Easley, J.

In the Matter of the Enlargement and Extension of the Corporate Limits of the City of Madison, Mississippi: Ronald Russell, Kelly Kersh, Charles Warwick, Tom Johnson, Richard Davis, Harlan Sistrunk and Frank Bell v. City of Madison, Mississippi AND City of Madison v. Ronald Russell, Bill Robertson, Kelly Kersh, Charles Warwick, Tom Johnson, Stan Patterson, Richard Davis, George Ardelean, Lisa Markham, Harlan Sistrunk, Frank Bell and Larry Spencer; Madison Chancery Court; LC Case #: 2002-253; Ruling Date: 08/31/2006; Ruling Judge: Jason Floyd, Jr.; Disposition: City of Madison's Motion to Strike Appellants' Untimely Motion for Rehearing is dismissed as moot. Appellants' Motion for the Court to Receive and Accept their Motion for Rehearing out of time is denied. Order entered.

In the Matter of the Enlargement and Extension of the Corporate Limits of the City of Madison, Mississippi: Ronald Russell, Kelly Kersh, Charles Warwick, Tom Johnson, Richard Davis, Harlan Sistrunk and Frank Bell v. City of Madison, Mississippi AND City of Madison v. Ronald Russell, Bill Robertson, Kelly Kersh, Charles Warwick, Tom Johnson, Stan Patterson, Richard Davis, George Ardelean, Lisa Markham, Harlan Sistrunk, Frank Bell and Larry Spencer; Madison Chancery Court; LC Case #: 2002-253; Ruling Date: 08/31/2006; Ruling Judge: Jason Floyd, Jr.; Disposition: City of Madison's Motion to Strike Appellants' Untimely Motion for Rehearing is dismissed as moot. Appellants' Motion for the Court to Receive and Accept their Motion for Rehearing out of time is denied. Order entered.

In the Matter of the Enlargement and Extension of the Corporate Limits of the City of Madison, Mississippi: Ronald Russell, Kelly Kersh, Charles Warwick, Tom Johnson, Richard Davis, Harlan Sistrunk and Frank Bell v. City of Madison, Mississippi AND City of Madison v. Ronald Russell, Bill Robertson, Kelly Kersh, Charles Warwick, Tom Johnson, Stan Patterson, Richard Davis, George Ardelean, Lisa Markham, Harlan Sistrunk, Frank Bell and Larry Spencer; Madison Chancery Court; LC Case #: 2002-253; Ruling Date: 08/31/2006; Ruling Judge: Jason Floyd, Jr.; Disposition: Motion for rehearing filed by the City of Madison is denied.

In the Matter of the Enlargement and Extension of the Corporate Limits of the City of Madison, Mississippi: Ronald Russell, Kelly Kersh, Charles Warwick, Tom Johnson, Richard Davis, Harlan Sistrunk and Frank Bell v. City of Madison, Mississippi AND City of Madison v. Ronald Russell, Bill Robertson, Kelly Kersh, Charles Warwick, Tom Johnson, Stan Patterson, Richard Davis, George Ardelean, Lisa Markham, Harlan Sistrunk, Frank Bell and Larry Spencer; Madison Chancery Court; LC Case #: 2002-253; Ruling Date: 08/31/2006; Ruling Judge: Jason Floyd, Jr.; Disposition: Motion for rehearing filed by appellants is dismissed as untimely filed.

Frank Lee Gaddy v. ITT Industries, Inc.; Monroe Circuit Court; LC Case #: CV-04-069-PFM; Ruling Date: 02/08/2007; Ruling Judge: Paul Funderburk; Disposition: Motion for rehearing filed by appellant is denied.

Total Environmental Solutions, Inc. v. Mississippi Public Service Commission; Jackson Chancery Court; LC Case #: 2006-1806-JB; Ruling Date: 03/20/2007; Ruling Judge: Jaye Bradley; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., Dissents Without Separate Written Opinion. Dickinson, J., not participating.

Chris A. Miller v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-44-CR; Ruling Date: 04/25/2007; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed pro se by appellant is denied.

Kelcy Wilborn v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK-01-397; Ruling Judge: Robert Elliott; Disposition: Kelcy Wilborn's pro se "Motion to Appeal State of Mississippi Supreme Court's Order Denying Application for Leave to File Motion for Post Conviction Collateral Relief," which is in the nature of a motion for reconsideration, is granted. The order of this Court entered on February 27, 2008 is hereby vacated. Kelcy Wilborn's pro se Application for Leave to File Motion for Post Conviction Collateral Relief is denied. Not Participating: Graves, J. Order entered.

Kelcy Wilborn v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK-01-397; Ruling Judge: Robert Elliott; Disposition: Kelcy Wilborn's pro se "Motion to Appeal State of Mississippi Supreme Court's Order Denying Application for Leave to File Motion for Post Conviction Collateral Relief," which is in the nature of a motion for reconsideration, is granted. The order of this Court entered on February 27, 2008 is hereby vacated. Kelcy Wilborn's pro se Application for Leave to File Motion for Post Conviction Collateral Relief is denied. Not Participating: Graves, J. Order entered.