07/21/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2004-KA-01008-SCT

Tony Ray Brown a/k/a Tommy Ray Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-1-264; Ruling Date: 06/09/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, J. Disposition: Conviction of Possession of more than 0.1 Gram but less than 2 Grams of Cocaine and Sentence of Eight (8) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Christopher R. Withers v. State of Mississippi; Neshoba Circuit Court; LC Case #: 03-CR-0091-NS-C; Ruling Date: 04/05/2004; Ruling Judge: V. Cotten; Majority Opinion: Smith, C.J. Disposition: Conviction of Statutory Rape and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: On the Court's own motion, the mandate in this case which issued on June 23, 2005, is hereby recalled. Diaz and Easley, JJ., not participating. Order entered.

Bob Haney v. Pat (Robertson) Haney; Union Chancery Court; LC Case #: 97-0276; Ruling Date: 12/05/2001; Ruling Judge: John Ross, Jr.; Consolidated with 1999-CT-02078-SCT Bob Haney v. Pat Haney; Union Chancery Court; LC Case #: 97-0276; Ruling Date: 12/15/1999; Ruling Judge: John Ross, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part and Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Easley and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Cortright, S.J., Dissents Without Separate Written Opinion. Smith, C.J., Waller and Cobb, P.JJ., Diaz and Carlson, JJ., not participating.

Alfa Insurance Corporation v. Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Kenneth Ryals, Deceased, and Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Georgia Ryals, Deceased; Forrest Circuit Court; LC Case #: CI99-0136; Ruling Date: 08/13/2002; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents with Separate Written Opinion. Smith, C.J., Diaz and Randolph, JJ., not participating. Dissenting Opinion: Graves, J.

Gary Lashawn McGee v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4963; Ruling Date: 08/30/2002; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by counsel for Gary Lashawn McGee is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Kenneth Smith a/k/a Kenneth Allen Smith v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2002-602R(D); Ruling Date: 05/09/2003; Ruling Judge: George Ready; Disposition: Petition for Writ of Certiorari filed by counsel for Kenneth Allen Smith is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Rhett R. Russell v. J. Stewart Williford, M.D., D. G. Kobs, M.D., and Reikes Hale Kobs & Strauss Radiologists, a Partnership; Forrest Circuit Court; LC Case #: CI02-0141; Ruling Date: 06/19/2003; Ruling Judge: Robert Helfrich; Disposition: Petition for Writ of Certiorari filed by counsel for Rhett R. Russell is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Michael Hayes v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2003-029CR2; Ruling Date: 06/06/2003; Ruling Judge: Kenneth Thomas; Disposition: Petition for Writ of Certiorari filed by Michael Hayes, pro se, is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Bill Hammons v. Fleetwood Homes of Mississippi, Inc., Fleetwood Retail Corporation, Bobbie Carol Black Lang, and John Phillips; Grenada Circuit Court; LC Case #: 2001-0487CVL; Ruling Date: 07/17/2003; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for Writ of Certiorari filed by counsel for Bill Hammons is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Eric LeKeith Greenwood v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-048-LE-G; Ruling Date: 09/08/2003; Ruling Judge: Marcus Gordon; Disposition: Petition for Writ of Certiorari filed pro se by Eric LeKeith Greenwood is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Frank James Potter, Sr. v. William C. Hopper, Jr.; Harrison Circuit Court 1st District; LC Case #: A-2401-99-00476; Ruling Date: 08/29/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Writ of Certiorari for Review of the Decision of the Court of Appeals filed by counsel for Frank James Potter, Sr., is dismissed as untimely filed. To Dismiss as Untimely Filed: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Cobb, P.J. Not Participating: Diaz, J. Order entered.

Quitman County Mississippi v. State of Mississippi, Haley Barbour, in His Official Capacity as Governor and Jim Hood, in His Official Capacity as Attorney General; Quitman Circuit Court; LC Case #: 99-0126; Ruling Date: 11/07/2003; Ruling Judge: Ann Lamar; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Dickinson, J. Diaz, J., not participating. Dissenting Opinion: Graves, J. Votes: Dickinson, J., Joins This Opinion.

James M. Harris v. State of Mississippi; Rankin Circuit Court; LC Case #: 13801; Ruling Date: 05/23/2003; Ruling Judge: William Chapman, III; Disposition: Petition for Writ of Certiorari filed by counsel for James M. Harris is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Milton Trotter v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 03-CV-181(R); Ruling Date: 11/14/2003; Ruling Judge: Larry Roberts; Disposition: Petition for Writ of Certiorari filed pro se by Milton Trotter is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Eric L. Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV00-113(G) PO; Ruling Date: 12/30/2003; Ruling Judge: Thomas Gardner, III; Disposition: Petition for Writ of Certiorari filed pro se by Eric L. Brown is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Peter A. Koury v. Jon D. Ready; Hinds Chancery Court 1st District; LC Case #: G-2001-945 O/3; Ruling Date: 02/09/2004; Ruling Judge: Denise Owens; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Waller, P.J., and Diaz, J., not participating.

Justin Lenard Spencer a/k/a Justin Spencer v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2003-042; Ruling Date: 02/19/2004; Ruling Judge: Andrew Howorth; Disposition: Petition for Writ of Certiorari filed pro se by Justin Lenard Spencer is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Emma Hannah v. State of Mississippi; Winston Circuit Court; LC Case #: 2003-213-CV; Ruling Date: 11/10/2004; Ruling Judge: C. Morgan, III; Disposition: Petition for Relief, entitled Petition for Writ of Certiorari, filed pro se by Emma Hannah is dismissed in part and transferred in part. The motion for rehearing is hereby transferred to the Court of Appeals. Order entered.

Walter R. Makamson v. Cynthia B. Makamson; Leflore Chancery Court; LC Case #: 25,208; Ruling Date: 02/22/2005; Ruling Judge: Jon Barnwell; Disposition: Rule 27(h) Motion for Reconsideration of Order Denying Motion for Stay of Judgment Pending Appeal and for Determination of Amount of Supersedeas Bond filed by Walter R. Makamson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Beverly Enterprises, Inc, Beverly Health & Rehabilitation Services, Inc. f/k/a Beverly California Corp., Beverly Enterprises-Mississippi, Inc. d/b/a Beverly Healthcare-Eason Boulevard, Aegis Therapies, Inc. f/k/a Beverly Rehabilitation, Inc. and Deborah H. Spence, and John Does 1-20 v. Elizabeth O'Neal, Individually and on Behalf of the Wrongful Death Beneficiaries of Elverta Ledbetter, Deceased; Lee Circuit Court; LC Case #: CV04-146PF(L); Ruling Date: 04/13/2005; Ruling Judge: Sharion Aycock; Disposition: On the Court's own motion for reconsideration of the petition for interlocutory appeal, the June 9, 2005, order denying the petition for interlocutory appeal filed by counsel for the petitioners is recalled. All trial court proceedings in the Circuit Court of Lee County, case No. CV04-146(PF)L, are hereby stayed until further order of this Court. No additional briefing shall be submitted by the parties unless requested by this Court. Agree with this Order: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Disagree with this Order: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Beverly Enterprises, Inc, Beverly Health & Rehabilitation Services, Inc. f/k/a Beverly California Corp., Beverly Enterprises-Mississippi, Inc. d/b/a Beverly Healthcare-Eason Boulevard, Aegis Therapies, Inc. f/k/a Beverly Rehabilitation, Inc. and Deborah H. Spence, and John Does 1-20 v. Elizabeth O'Neal, Individually and on Behalf of the Wrongful Death Beneficiaries of Elverta Ledbetter, Deceased; Lee Circuit Court; LC Case #: CV04-146PF(L); Ruling Date: 04/13/2005; Ruling Judge: Sharion Aycock; Disposition: On the Court's own motion for reconsideration of the petition for interlocutory appeal, the June 9, 2005, order denying the petition for interlocutory appeal filed by counsel for the petitioners is recalled. All trial court proceedings in the Circuit Court of Lee County, case No. CV04-146(PF)L, are hereby stayed until further order of this Court. No additional briefing shall be submitted by the parties unless requested by this Court. Agree with this Order: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Disagree with this Order: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.