07/19/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2006-CC-01109-SCT

Leonard Hayes v. Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-04-435-CIV-BD; Ruling Date: 05/24/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Darral Bell v. State of Mississippi; Amite Circuit Court; LC Case #: 05-KR-013; Ruling Date: 05/18/2006; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Smith, C.J. Disposition: Conviction of manslaughter and sentence of fifteen (15) years, with ten (10) years to serve, and the remaining five (5) years to be served on post-release supervision for a period of five (5) years under the supervision of the Mississippi Department of Corrections, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Gary Dewayne Allen a/k/a Gary Wayne Allen v. State of Mississippi; George Circuit Court; LC Case #: 2003-10,026(3); Ruling Date: 04/21/2004; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by counsel for Gary DeWayne Allen is denied. To Deny: All Justices. Order entered.

Elsie Etheridge v. Harold Case & Company, Inc., a Mississippi Corporation, and Randy Parkman; Walthall Circuit Court; LC Case #: 95-0164; Ruling Date: 06/28/2004; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by Elsie Etheridge is denied. To Deny: Smith, C.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Waller, P.J. Not Participating: Diaz, P.J. Order entered.

Elizabeth Joy (Selby) Giannaris v. Stephen Andrew Giannaris; Harrison Chancery Court 2nd District; LC Case #: C2402-02-423; Ruling Date: 08/17/2004; Ruling Judge: Carter Bise; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered in Part; Reversed and Remanded in Part. Stephen Andrew Giannaris taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

Phillip Michael Seymour v. Karen Ellen Seymour; Harrison Chancery Court 2nd District; LC Case #: C2402-03-00988; Ruling Date: 02/22/2005; Ruling Judge: James Persons; Disposition: Petition for writ of certiorari filed by counsel for Phillip Michael Seymour is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Diaz, P.J. Order entered.

Regan Pritchard v. Harold Von Houten and the University of Southern Mississippi; Forrest Circuit Court; LC Case #: CI01-0232; Ruling Date: 03/22/2005; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for the University of Southern Mississippi is denied. To Deny: Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J. Not Participating: Diaz, P.J. Order entered.

Earnestine Russell, Individually and on Behalf of the Wrongful Death Beneficiaries of Dennis E. Wilson, Deceased; and George Jean Hayes, Individually and on Behalf of the Wrongful Death Beneficiaries of Mario Hayes, Deceased v. Ford Motor Company; Jasper Circuit Court 2nd District; LC Case #: 22-0114; Ruling Date: 06/01/2005; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Earnestine Russell is denied. To Deny: All Justices. Order entered.

Samuel Tyrone Williams v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-016; Ruling Date: 05/04/2005; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed pro se by Samuel Tyrone Williams is denied. To Deny: All Justices. Order entered.

Muriel Penny v. State of Mississippi; Tate Circuit Court; LC Case #: 2004-181-B-T; Ruling Date: 07/25/2005; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by counsel for Muriel Penny is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Lamar, J. Order entered.

Muriel Penny v. State of Mississippi; Tate Circuit Court; LC Case #: 2004-181-B-T; Ruling Date: 07/25/2005; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed pro se by Muriel Penny is denied. To Deny: Smith, C.J., Diaz, P.J., Easley, Graves and Randolph, JJ. To Dismiss as Untimely: Waller, P.J., Carlson and Dickinson, JJ. Not Participating: Lamar, J. Order entered.

Tavaris Vaughn v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0076-CV1; Ruling Date: 09/02/2005; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Tavaris Vaughn 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.

Stephen W. Miller v. R. B. Wall Oil Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-97-159CIV; Ruling Date: 09/26/2005; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Stephen W. Miller is granted. To Grant: Waller, P.J., Easley, Graves, Dickinson and Randolph, JJ. To Deny: Smith, C.J., Carlson and Lamar, JJ. Not Participating: Diaz, P.J. Order entered.

Patrick Evans Clark v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: Cv2005-0116-BP1; Ruling Date: 09/22/2005; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Patrick Evans Clark is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Smith, C.J., and Lamar, J. Order entered.

Gregory J. Dear a/k/a Gregory Dear a/k/a Greg Dear v. State of Mississippi; Rankin Circuit Court; LC Case #: 15473; Ruling Date: 08/24/2005; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Gregory J. Dear is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar. JJ. Not Participating: Diaz, P.J. Order entered.

Gregory J. Dear a/k/a Gregory Dear a/k/a Greg Dear v. State of Mississippi; Rankin Circuit Court; LC Case #: 15473; Ruling Date: 08/24/2005; Ruling Judge: William Chapman, III; Disposition: Motion to Supplement Writ of Certiorari filed pro se by Gregory J. Dear is dismissed without prejudice. To Dismiss Without Prejudice: Smith, C.J., Waller, P.J., Easley, Carlson, Graves and Lamar, JJ. To Deny: Dickinson, J. To Grant: Randolph, J. Not Participating: Diaz, P.J. Order entered.

Kenneth Roberts v. State of Mississippi; Yazoo Circuit Court; LC Case #: 24-9424; Ruling Date: 08/26/2005; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Diaz, P.J. Order entered.

Horace Mann Life Insurance Company and Leo Hawkins, Jr. v. Betty Nunaley; Humphreys Circuit Court; LC Case #: 2004-0024; Ruling Date: 06/29/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson and Lamar, JJ., Concur. Randolph, J., Concurs in Part and in the Result. Diaz, P.J., and Graves, J., Dissent Without Separate Written Opinion.

Schneider National Carriers, Inc. and Michael Martin v. Richard Burrell; Hinds Circuit Court 1st District; LC Case #: 251-06-348-CIV; Ruling Date: 04/13/2007; Ruling Judge: Winston Kidd; Disposition: Joint Motion to Dismiss a Portion of the Petition for Interlocutory Appeal and Supplemental Petition for Interlocutory Appeal filed by Defendants Schneider National Carriers, Inc. and Michael Martin is granted. This Court dismisses the part of the April 23, 2007, petition for interlocutory appeal as to the April 13, 2007, order concerning Schneider's request for protection of manuals and training materials, and the May 29, 2007, supplemental petition for interlocutory appeal filed by Schneider and Martin as to the May 16, 2007, corrected order as to the protective order requested by Schneider. The remainder of the Petition for Interlocutory Appeal filed by petitioners is granted. The trial court's April 13, 2007, Order Regarding Plaintiff's Motion to Compel Defendant Schneider Regarding Plaintiff's Request for Production and First Interrogatories is reversed to the limited extent of its rulings concerning Schneider's duty to respond to Interrogatories Nos. 7 and 16 and Request for Production No. 47 and as to those discovery requests Schneider shall respond as set out in order of this Court. In all other respects the trial court's orders are affirmed. This case is remanded to the Circuit Court of Hinds County, First Judicial District, for further proceedings consistent with this order. Petitioners' request for a stay is dismissed as moot. Respondent, Richard Burrell, is taxed with all costs of this appeal. Agree: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Disagree: Graves, J. Not Participating: Diaz, P.J. Smith, C.J., for the Court. Order entered.

Schneider National Carriers, Inc. and Michael Martin v. Richard Burrell; Hinds Circuit Court 1st District; LC Case #: 251-06-348-CIV; Ruling Date: 04/13/2007; Ruling Judge: Winston Kidd; Disposition: Joint Motion to Dismiss a Portion of the Petition for Interlocutory Appeal and Supplemental Petition for Interlocutory Appeal filed by Defendants Schneider National Carriers, Inc. and Michael Martin is granted. This Court dismisses the part of the April 23, 2007, petition for interlocutory appeal as to the April 13, 2007, order concerning Schneider's request for protection of manuals and training materials, and the May 29, 2007, supplemental petition for interlocutory appeal filed by Schneider and Martin as to the May 16, 2007, corrected order as to the protective order requested by Schneider. The remainder of the Petition for Interlocutory Appeal filed by petitioners is granted. The trial court's April 13, 2007, Order Regarding Plaintiff's Motion to Compel Defendant Schneider Regarding Plaintiff's Request for Production and First Interrogatories is reversed to the limited extent of its rulings concerning Schneider's duty to respond to Interrogatories Nos. 7 and 16 and Request for Production No. 47 and as to those discovery requests Schneider shall respond as set out in order of this Court. In all other respects the trial court's orders are affirmed. This case is remanded to the Circuit Court of Hinds County, First Judicial District, for further proceedings consistent with this order. Petitioners' request for a stay is dismissed as moot. Respondent, Richard Burrell, is taxed with all costs of this appeal. Agree: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Disagree: Graves, J. Not Participating: Diaz, P.J. Smith, C.J., for the Court. Order entered.