06/28/2007 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99025-SCT

In Re: Uniform Rules of Circuit and County Courts; Disposition: Motion to Amend Certain Rules of the Uniform Rules of Circuit and County Court filed by the Advisory Committee on Rules is granted. Rule 12.02 of the Uniform Rules of Circuit and County Court is amended as set forth in Exhibit A attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series (Mississippi Edition). Not Participating: Lamar, J. Order entered.

Howard Goodin a/k/a Howard D. Gooden a/k/a Howard Dean Goodin v. State of Mississippi; Newton Circuit Court; LC Case #: 99CR0002; Ruling Date: 05/19/1999; Ruling Judge: Marcus Gordon; Disposition: Motion to set Execution Date under the Provisions of Miss. Code Ann., Section 99-19-106 and Miss. Code Ann., Section 99-39-29 filed by the State of Mississippi is denied. Randolph, J., would grant. Order entered.

Terry Lee Lattimore a/k/a Terry L. Lattimore, Sr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2000-405; Ruling Date: 08/25/2002; Ruling Judge: Margaret Carey-McCray; Disposition: Motion for rehearing filed by counsel for appellant is denied. Diaz, P.J., and Graves, J., would grant.

Charlotte Sherron v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0626-CR1; Ruling Date: 08/19/2004; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Charlotte Sherron is denied. To Deny: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves and Randolph, JJ. To Grant: Waller, P.J., Dickinson and Lamar, JJ. Order entered.

David Strack v. Mollie Strack Sticklin, Niki Lynn Strack Lowrey and Mary Christina Strack; Harrison Chancery Court 1st District; LC Case #: 96236; Ruling Date: 11/10/2004; Ruling Judge: James Persons; Disposition: Petition for writ of certiorari filed by counsel for David Strack is denied. To Deny: Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Waller, P.J. Not Participating: Smith, C.J. Order entered.

Jackie Tentoni, Individually, and as Next Friend on Behalf of Her Minor Children, Melanie Tentoni, Johnathan Tentoni and Phillip Tentoni v. Warren W. Slayden; Madison Circuit Court; LC Case #: CI-2000-0005; Ruling Date: 12/30/2004; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Warren W. Slayden is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Graves and Dickinson, JJ. Order entered.

Ronnie Ward v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0015-K; Ruling Date: 03/02/2005; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by counsel for Ronnie Ward is denied. To Deny: All Justices.

Coye A. Holman and Ted Holman v. Howard Wilson Chrysler Jeep, Inc.; Rankin Circuit Court; LC Case #: 2003-272; Ruling Date: 06/01/2005; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Coye A. Holman and Ted Holman is granted. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Graves, Randolph and Lamar, JJ. To Deny: Easley, Carlson and Dickinson, JJ. Order entered.

Edgar Ray Killen v. State of Mississippi; Neshoba Circuit Court; LC Case #: 05-CR-0006-NS-G; Ruling Date: 06/23/2005; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by counsel for appellant is denied. Easley, J., not participating.

Willie Joe Wright v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 582-04; Ruling Date: 05/24/2005; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed pro se by Willie Joe Wright is denied. Diaz, P.J., and Graves, J., would grant.

Noah Brent Chinn v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-378-KR2; Ruling Date: 11/08/2005; Ruling Judge: Billy Landrum; Majority Opinion: Diaz, P.J. Disposition: Reversed and Remanded. Jones County taxed with costs of appeal. Votes: Waller, P.J., Graves, Dickinson and Lamar, JJ., Concur. Easley, J., Dissents with Separate Written Opinion Joined by Smith, C.J., Carlson and Randolph, JJ. Dissenting Opinion: Easley, J. Votes: Smith, C.J., Carlson and Randolph, JJ., Join This Opinion.

Michael L. Foss, M.D. v. Dorothy Williams, Administratrix of the Estate of Peter D. Price, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-06-87; Ruling Date: 03/26/2007; Ruling Judge: Albert Smith, III; Disposition: Petition for Interlocutory Appeal and for Stay of Trial Court Action filed by counsel for Michael L. Foss, M.D., is granted. The notice of appeal shall be deemed to have been filed, and the appeal shall proceed pursuant to M.R.A.P. 10 and 11. The filing fee is due and payable to the Clerk of this Court. All trial court proceedings are hereby stayed pending further order of this Court. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Diaz, P.J., Easley, Graves and Lamar, JJ. Order entered.

Michael L. Foss, M.D. v. Dorothy Williams, Administratrix of the Estate of Peter D. Price, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-06-87; Ruling Date: 03/26/2007; Ruling Judge: Albert Smith, III; Disposition: Petition for Interlocutory Appeal and for Stay of Trial Court Action filed by counsel for Michael L. Foss, M.D., is granted. The notice of appeal shall be deemed to have been filed, and the appeal shall proceed pursuant to M.R.A.P. 10 and 11. The filing fee is due and payable to the Clerk of this Court. All trial court proceedings are hereby stayed pending further order of this Court. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Diaz, P.J., Easley, Graves and Lamar, JJ. Order entered.