06/29/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2004-CC-02302-SCT

A&F Properties, LLC v. Madison County Board of Supervisors, Lake Caroline, Inc. and Lake Caroline Owner's Association; Madison Circuit Court; LC Case #: CI2004-0129-L; Ruling Date: 11/08/2004; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ., Concur. Dickinson, J., Concurs in Part Without Separate Written Opinion. Diaz, J., not participating.

Aaron B. Bennett v. Rebecca McCaffrey; Hinds Circuit Court 1st District; LC Case #: 251-03-179; Ruling Date: 01/24/2005; Ruling Judge: Winston Kidd; Majority Opinion: Graves, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Randolph, J., not participating.

Greg Hancock v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-328-KR2; Ruling Date: 02/01/2005; Ruling Judge: Billy Landrum; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Conviction of Burglary of a Building other than a Dwelling House and Sentence of Seven (7) Years, with Five (5) Years to Serve and Two (2) Years Suspended upon the Successful Completion of Two (2) Years on Post Release Supervision, with conditions, in the Custody of the Mississippi Department of Corrections, and Payment of all fees and costs, Affirmed. Jones County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur.

Jamarcus D. Shumpert v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-190; Ruling Date: 12/03/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Cobb, P.J. Disposition: Conviction of Manslaughter by Culpable Negligence and Sentence of Twenty (20) Years, with Five (5) Years Suspended, with conditions, and five (5) years on post-release supervision, in the Custody of the Mississippi Department of Corrections, and payment of a fine of $2500.00 and court costs, Affirmed. Lee County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Carlson, J., Specially Concurs With Separate Written Opinion, Joined by Waller, P.J., Diaz, Easley and Dickinson, JJ.; Graves, J. Joins In Part. Specially Concurring Opinion: Carlson, J. Votes: Waller, P.J., Diaz, Easley and Dickinson, JJ., Join This Opinion. Graves, J., Joins This Opinion in Part.

In Re: The Mississippi Access to Justice Commission; Disposition: The Mississippi Access to Justice Commission ("MAJC") is hereby established, effective July 1, 2006, and empowered by this Court to assist and facilitate the various organizations involved in the delivery of legal services to the poor and more specifically set out in the order. The MAJC shall consist of two Co-Chairs, who shall each serve three-year terms. The initial Co-Chairs of the MAJC shall be Hinds County Chancellor Denise Owens and Joy Lambert Phillips, current President of The Mississippi Bar. In addition to the Co-Chairs, the MAJC shall consist of twenty-one voting members whose initial terms were randomly selected as set out in the order. In addition to the twenty-three voting members, the MAJC shall include an Ex Officio, non-voting member designated from each of the eight organizations as set out in the order. The MAJC shall be funded by available funds designated for Legal Services and the Mississippi Volunteer Lawyers Project, and such other funds as may be obtained by the MAJC. Order entered.

Bobby Glen Wilcher a/k/a Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3707; Ruling Date: 06/23/1994; Ruling Judge: Marcus Gordon; Disposition: State of Mississippi's Motion to Reset Execution Date is granted. July 11, 2006, is hereby set as the date for execution of Bobby Glen Wilcher in the manner provided by law. This order shall serve as the warrant for execution of Bobby Glen Wilcher. Diaz, J., disagrees. Order entered.

Bobby Glen Wilcher a/k/a Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3707; Ruling Date: 06/23/1994; Ruling Judge: Marcus Gordon; Disposition: Motion for Stay of Execution filed by counsel for Bobby Glen Wilcher is denied. Order entered.

Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3708; Ruling Date: 07/21/1994; Ruling Judge: Marcus Gordon; Disposition: State of Mississippi's Motion to Reset Execution Date is granted. July 11, 2006, is hereby set as the date for execution of Bobby Glen Wilcher in the manner provided by law. This order shall serve as the warrant of execution of Bobby Glen Wilcher. Diaz, J., disagrees. Order entered.

Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3708; Ruling Date: 07/21/1994; Ruling Judge: Marcus Gordon; Disposition: Motion for Stay of Execution filed by counsel for Bobby Glen Wilcher is denied. Order entered.

In Re: Special Committee on Judicial Election Campaign Intervention; Disposition: The request to consider a clarification to the Code of Judicial Conduct submitted by the Special Committee on Judicial Election Campaign Intervention 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.

Morris Newspaper Corporation d/b/a WXXV-TV and Tom MacArthur v. Rebecca Allen; Harrison Circuit Court 1st District; LC Case #: A2401--00-00124; Ruling Date: 03/28/2002; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by counsel for Morris Newspaper Corporation is denied. To Deny: Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Order entered.

Carlton Hudson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1998-0090; Ruling Date: 02/04/2003; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Carlton Hudson, pro se, is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Diaz and Graves, JJ. Order entered.

Charles W. Rush v. Latresa A. Rush; Rankin Chancery Court; LC Case #: 51888; Ruling Date: 01/08/2004; Ruling Judge: John Grant, III; Majority Opinion: Easley, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Rankin County Chancery Court is Vacated and Remanded in Part; and Affirmed in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., not participating.

James Edward O'Connell, II v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-03-0141; Ruling Date: 12/05/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by James Edward O'Connell, II, 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.

Vessie Lynn Lee v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0292; Ruling Date: 03/24/2003; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Vessie Lynn Lee is granted. To Grant: Smith, C.J., Diaz, Graves and Dickinson, JJ. To Deny: Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. Order entered.

Brian Spears a/k/a Glendrick O'Bryan Spears v. State of Mississippi; Quitman Circuit Court; LC Case #: 2004-0007; Ruling Date: 03/18/2004; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Diaz and Graves, JJ. Order entered.

Curtis Giovanni Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 02/12/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Montgomery County taxed with costs of appeal. Votes: Waller, P.J., Diaz and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only with Separate Written Opinion Joined in Part by Dickinson, J. Smith, C.J., Dissents with Separate Written Opinion Joined by Easley, Carlson and Randolph, JJ. Concur in result only Opinion: Cobb, P.J. Votes: Dickinson, J., Joins This Opinion in Part. Dissenting Opinion: Smith, C.J. Votes: Easley, Carlson and Randolph, JJ., Join This Opinion.

John Moore a/k/a John Henry Moore v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: HK2002-20; Ruling Date: 03/22/2004; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed pro se by John Moore is denied. To Deny: Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ. Not Participating: Smith, C.J., Easley and Graves, JJ. Order entered.

Ravin Hayes v. Greene County, Mississippi; Greene Circuit Court; LC Case #: 2002-07-059(2); Ruling Date: 06/07/2004; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by Ravin Hayes is denied. To Deny: All Justices. Order entered.

Bruce Carter v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-2003-201; Ruling Date: 04/16/2004; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by counsel for Bruce Carter is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Diaz and Graves, JJ. Order entered.

Grady Watson Jones, III v. Kelly Jones McQuage; DeSoto Chancery Court; LC Case #: 03-6-936; Ruling Date: 07/31/2004; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Kelly Jones McQuage is denied. To Deny: All Justices. Order entered.

Bayer Corporation v. Mary Reed; Holmes Circuit Court; LC Case #: 2002-311; Ruling Date: 09/21/2004; Ruling Judge: Jannie Lewis; Disposition: Bayer Corporation's motion to strike Mary Reed's cross-designation of an issue for appeal and entry in the designation of the record is denied. Order entered.

Bayer Corporation v. Mary Reed; Holmes Circuit Court; LC Case #: 2002-311; Ruling Date: 09/21/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Part and in the Result Without Separate Written Opinion. Diaz, J., Specially Concurs With Separate Written Opinion, Joined by Easley and Graves, JJ. Cobb, P.J., Dissents with Separate Written Opinion, Joined by Dickinson, J. Specially Concurring Opinion: Diaz, J. Votes: Easley and Graves, JJ., Join This Opinion. Dissenting Opinion: Cobb, P.J. Votes: Dickinson, J., Joins This Opinion.

Ronnie Lynn Chancy v. State of Mississippi; Rankin Circuit Court; LC Case #: 2004-52(C); Ruling Date: 08/20/2004; Ruling Judge: William Chapman, III; Disposition: Ronnie Lynn Chancy's pro se petition for writ of certiorari is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves and Dickinson, JJ. To Deny: Easley and Randolph, JJ. Order entered.

J.E.W. v. T.G.S.; Warren Chancery Court; LC Case #: 2004-393GN; Ruling Date: 12/01/2004; Ruling Judge: Vicki Barnes; Disposition: Motion to Strike Portions of Appellant's Brief and for Attorney Fees filed by the appellee is denied. Cobb, P.J., not participating. Order entered.

J.E.W. v. T.G.S.; Warren Chancery Court; LC Case #: 2004-393GN; Ruling Date: 12/01/2004; Ruling Judge: Vicki Barnes; Majority Opinion: Carlson, J. Disposition: Affirmed in Part and Dismissed in Part. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

J.P.M. v. T.D.M.; Tunica Chancery Court; LC Case #: GN2001-158; Ruling Date: 06/24/2003; Ruling Judge: Jon Barnwell; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Carlson and Dickinson, JJ., Concur. Cobb, P.J., Specially Concurs With Separate Written Opinion, Joined by Dickinson, J.; Randolph, J. Joins In Part. Easley, J., Specially Concurs With Separate Written Opinion, Joined In Part by Randolph, J. Randolph, J., Specially Concurs With Separate Written Opinion, Joined by Dickinson, J.; Cobb, P.J. Joins In Part. Specially Concurring Opinion: Cobb, P.J. Votes: Dickinson, J., Joins This Opinion. Randolph, J., Joins This Opinion in Part. Specially Concurring Opinion: Easley, J. Votes: Randolph, J., Joins This Opinion in Part. Specially Concurring Opinion: Randolph, J. Votes: Dickinson, J., Joins This Opinion. Cobb, P.J., Joins This Opinion in Part.

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: Joint Motion of MOCPCC and Attorney Robert B. McDuff to Recall the Remand of this case is granted. Joint Motion of MOCPCC and Attorney Robert B. McDuff for MOCPCC to Withdraw, for Mr. McDuff to Proceed with the Petitioner's Representation, and for the Granting of the Pro Hac Vice Motion previously filed by Mr. McDuff on behalf of his Co-Counsel is granted. Motion to Admit Foreign Counsel Pro Hac Vice filed by petitioner is granted. The petitioner's reply to the respondent's response is due with this Court on July 21, 2006. Diaz, J., not participating. Order entered.

Renasant Bank f/k/a The Peoples Bank & Trust Company v. Danny Holland; Panola Circuit Court 2nd District; LC Case #: 98-177; Ruling Judge: R. Coleman; Disposition: Motion for Reconsideration of Denial of Petition for Permission to Appeal Interlocutory Order filed by Petitioner is denied. Smith, C.J., would grant. Cobb, P.J., not participating. Order entered.

The Mississippi Bar v. Attorney Doe; Disposition: Petition of the Mississippi Bar to Transfer an Attorney to Disability Inactive Status is granted and the license of Attorney Doe to practice law is hereby transferred to disability inactive status pursuant to Rules 17 - 24 of the Mississippi Rules of Discipline. Attorney Doe is not permitted to practice law while on disability inactive status as set forth in Rule 24 of the Mississippi Rules of Discipline. Before Attorney Doe is eligible to practice law in this state, he shall be required to apply for reinstatement pursuant to Rule 25. Motion of the Mississippi Bar for Appointment of Receiver is granted and William H. Cox, Jr., of the law firm of Watkins and Eager PLLC is appointed to serve as receiver pursuant to Rule 11(f) of the Mississippi Rules of Discipline. Attorney Doe is required to cooperate with said receiver and immediately relinquish his files in accordance with the functions described in Rule 11(d). Smith, C.J., for the Court. Order entered.