07/17/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2006-CA-01375-SCT

Katherine L. Buchanan v. Ameristar Casino Vicksburg, Inc.; Warren Circuit Court; LC Case #: 99-0169-CI(V); Ruling Date: 04/21/2006; Ruling Judge: Frank Vollor; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ., Concur.

Christopher O'Neil McCune v. State of Mississippi; Newton Circuit Court; LC Case #: 07-CR-022-NW-G; Ruling Date: 04/12/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutive to the sentence imposed in Count I hereof. Newton County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Leroy Stewart v. State of Mississippi; Jefferson Circuit Court; LC Case #: C#2007-26KR; Ruling Date: 06/29/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, J. Disposition: Conviction of possession of marijuana in a correctional facility and sentence of seven (7) years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutive to the sentence currently being served by Leroy Stewart. Jefferson County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

In Re: Uniform Chancery Court Rules; Disposition: Petition for Amendment of Rule 8.06 of the Uniform Chancery Court Rules filed on behalf of the Chancery Judges' Conference is granted. The Rule is amended as set forth in Exhibit A to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Order entered.

In Re: Authorization of Court Annexed Mediation In Chancery, Circuit and County Courts; Disposition: This order corrects and modifies the previous order which was handed down in this matter on May 15, 2008. Petition of the Mississippi Bar to Establish Enhanced Qualifications for Inclusion on the List of Court Annexed Mediation Program Mediators, referenced in Section X of the Court Annexed Mediation Rules for Civil Litigation is granted in part and denied in part. The qualifications are enhanced as set out in the order. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Corrected Order entered.

Dale Leo Bishop v. State of Mississippi; Lee Circuit Court; LC Case #: CR99-149; Ruling Date: 02/04/2000; Ruling Judge: Frank Russell; Disposition: The Motion to Reset Execution Date filed by the State of Mississippi is granted, and July 23, 2008, is hereby set as the date for execution of Dale Leo Bishop in the manner provided by law. This order shall serve as the warrant of execution for Dale Leo Bishop. Diaz, P.J., and Dickinson, J., not participating. Order entered.

Dale Leo Bishop v. State of Mississippi; Lee Circuit Court; LC Case #: CR99-149; Ruling Date: 02/04/2000; Ruling Judge: Frank Russell; Disposition: Motion to Stay Execution filed by Dale Leo Bishop is denied. Diaz, P.J., not participating. Order entered.

Michael F. Palmer v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-300; Ruling Date: 05/23/2005; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Michael F. Palmer is denied. To Deny: All Justices. Order entered.

Jane M. Wilbourn, As Trustee of the James G. Wilbourn Irrevocable Trust v. The Equitable Life Assurance Society of the United States and William J. Byrd; Quitman Circuit Court; LC Case #: 2004-0043; Ruling Date: 11/03/2005; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by counsel for the petitioner is granted. To Grant: Waller and Diaz, P.JJ., Easley, Graves and Randolph, JJ. To Deny: Smith, C.J., Carlson and Lamar, JJ. Not Participating: Dickinson, J. Order entered.

John Allen Berry v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2005-686-CD; Ruling Date: 01/30/2006; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for the State of Mississippi is granted. John Allen Berry's pro so motion to dismiss the petition is denied. To Grant: Smith, C.J., Easley, Carlson and Randolph, JJ. To Deny: Waller and Diaz, P.JJ., Graves and Dickinson, JJ. Not Participating: Lamar, J. Order entered.

John Allen Berry v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2005-686-CD; Ruling Date: 01/30/2006; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for the State of Mississippi is granted. John Allen Berry's pro so motion to dismiss the petition is denied. To Grant: Smith, C.J., Easley, Carlson and Randolph, JJ. To Deny: Waller and Diaz, P.JJ., Graves and Dickinson, JJ. Not Participating: Lamar, J. Order entered.

David Mark Havard v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 04-KR-008-S; Ruling Date: 03/01/2006; Ruling Judge: Lillie Sanders; Disposition: Petition for writ of certiorari filed by counsel for David Mark Havard is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J. Order entered.

Trinity Mission Health & Rehabilitation of Clinton and LPNH Holdings Limited, LLC v. The Estate of Mary Scott, by and through Elzenia Johnson, Individually and as the Personal Representative of the Estate of Mary Scott, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Mary Scott; Hinds Circuit Court 1st District; LC Case #: 251-04-858CIV; Ruling Date: 05/17/2006; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for The Estate of Mary Scott is granted. To Grant: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny: Smith, C.J. Order entered.

Matthew Sacks, M.D., and The Medical Oncology Group, P.A. v. Nancy Necaise, Individually and on Behalf of the Wrongful Death Beneficiaries of Charles Freeman, Deceased; Hancock Circuit Court; LC Case #: 98-0253; Ruling Date: 02/23/2006; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Matthew Sacks, M.D. and The Medical Oncology Group, P.A., is granted. To Grant: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ. To Deny: Diaz, P.J., Easley, Graves, Randolph and Lamar, JJ. Order entered.

In the Matter of the Last Will and Testament of Mazie Wilcher, Deceased: Lonnie Faulkner, Zachary Faulkner and Benjamin Faulkner v. Thomas Karl Wilcher, Executor of the Estate of Mazie Wilcher, Deceased, and Connie Wilcher; Leake Chancery Court; LC Case #: 2003-0047; Ruling Date: 06/08/2006; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed by Lonnie Faulkner, Zachary Faulkner and Benjamin Faulkner is granted. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Carlson and Lamar, JJ. To Deny: Easley, Graves and Randolph, JJ. Not Participating: Dickinson, J. Order entered.

Keith Baskin a/k/a Keith K. Baskin v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0596; Ruling Date: 05/26/2006; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Keith Baskin is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., Easley and Graves, JJ. Order entered.

Lisa Jo Chamberlin v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715CR; Ruling Date: 08/04/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: Counts I and II: Convictions of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Forrest County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Concurs in Result Only.

Bobby Jackson a/k/a Bobby Fate Jackson v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CV-430-SC-G; Ruling Date: 02/24/2006; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed pro se by Bobby Jackson is denied. To Deny: All Justices. Order entered.

Tremayne Omar Mullen v. State of Mississippi; Grenada Circuit Court; LC Case #: 2006-0065-CR; Ruling Date: 08/07/2006; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Tremayne Omar Mullen is denied. To Deny: All Justices. Order entered.

McKennsey Austin a/k/a Lucky v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2000-0061; Ruling Date: 06/22/2007; Ruling Judge: Albert Smith, III; Disposition: McKennsey Austin's pro se petition for writ of certiorari is denied. To Deny: All Justices. Order entered.

Lewis DeCarlo v. Bonus Stores, Inc. d/b/a Bill's Dollar Stores, Inc., Jimmy A. Schafer and William Fields; Majority Opinion: Carlson, J. Disposition: Certified Questions Answered. Appellant and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Part and in Result.

Christopher Lashon Johnson v. State of Mississippi; Monroe Circuit Court; LC Case #: CR2002-168; Ruling Judge: Thomas Gardner, III; Disposition: First Amended Petition for Post-Conviction Relief filed by counsel for Christopher Lashon Johnson is granted. Johnson is granted leave to proceed with his Petition for Post-Conviction Relief in the Circuit Court of Monroe County and the circuit court should conduct an evidentiary hearing regarding the claim raised in the petition. Smith, C.J., Waller, P.J., Easley and Randolph, JJ., would deny. Order entered.

Dale Leo Bishop v. State of Mississippi; Lee Circuit Court; LC Case #: CR 99-148; Ruling Date: 02/04/2000; Ruling Judge: Paul Funderburk; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief with Exhibits filed by Dale Leo Bishop is dismissed with prejudice. Motion to Suspend Rule 28(g) for Enlargement of Page Limitation is dismissed as moot. Diaz, P.J, not participating. Waller, P.J., for the Court. Order entered.

Dale Leo Bishop v. State of Mississippi; Lee Circuit Court; LC Case #: CR 99-148; Ruling Date: 02/04/2000; Ruling Judge: Paul Funderburk; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief with Exhibits filed by Dale Leo Bishop is dismissed with prejudice. Motion to Suspend Rule 28(g) for Enlargement of Page Limitation is dismissed as moot. Diaz, P.J, not participating. Waller, P.J., for the Court. Order entered.