07/26/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2004-KA-02039-SCT

Lenzy Louis Hodgin v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0015-K; Ruling Date: 06/30/2004; Ruling Judge: Richard Smith; Majority Opinion: Graves, J. Disposition: Count One: Conviction of Fondling and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Count Two: Conviction of Sexual Battery and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Sentences shall run consecutively. Sunflower County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

L. Rodney Knight, Keith Knight and Chad Knight, Being All the Heirs at Law of Eljean T. Knight, Deceased v. Greg Terrell d/b/a Terrell Security Services and d/b/a GTS Terrell Services; Jasper Circuit Court 1st District; LC Case #: 10-0093; Ruling Date: 04/07/2006; Ruling Judge: Robert Evans; Majority Opinion: Diaz, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Result Only.

In the Matter of the Estate of Clyde V. Woodfield, Deceased, and In the Matter of the Conservatorship of Michael A. Woodfield: John V. Woodfield v. Sharon McCoy Woodfield, Administratrix of the Estate of Clyde V. Woodfield, Deceased, and Alfred R. Koenenn, Guardian Ad Litem and Temporary Conservator of Michael A. Woodfield; Harrison Chancery Court 1st District; LC Case #: C2401-01-2528; Ruling Date: 10/17/2003; Ruling Judge: William Griffin, Jr.; Disposition: Petition for writ of certiorari filed by John V. Woodfield is granted only as to what effect the withdrawal from probate of a will executed in 2001 had on an earlier will executed in 1973. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Graves and Lamar, JJ. Not Participating: Diaz, P.J., Dickinson and Randolph, JJ. Order entered.

James B. Yelverton v. Rhonda H. Yelverton; Harrison Chancery Court 1st District; LC Case #: 02-00364; Ruling Date: 04/29/2004; Ruling Judge: Carter Bise; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and this case is Remanded to the Chancery Court for the First Judicial District of Harrison County for further proceedings consistent with this opinion. Rhonda H. Yelverton taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Richard Lott v. City of Bay Springs, Mississippi; Jasper Circuit Court 2nd District; LC Case #: 24-0123; Ruling Date: 11/29/2004; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Richard Lott is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Dickinson, J. Order entered.

Elizabeth M. Fleming v. Brandy M. Thomas Floyd; Jackson Circuit Court; LC Case #: CI 2000,00385(3); Ruling Date: 12/06/2004; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by counsel for Brandy M. Thomas Floyd is granted. To Grant: Smith, C.J., Waller, P.J., Carlson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Easley and Graves, JJ. Not Participating: Dickinson, J. Order entered.

The Arrechea Family Trust, John F. Arrechea and Lois M. Arrechea, Co-Trustees, David M. Reed and Katherine A. Reed v. John Palmer Adams; Lafayette Chancery Court; LC Case #: 2004-386R; Ruling Date: 05/16/2005; Ruling Judge: Edwin Roberts, Jr.; Disposition: Petition for writ of certiorari filed by counsel for the petitioners is denied. To Deny: All Justices. Order entered.

Beverly Enterprises, Inc. and Beverly Enterprises-Mississippi, Inc. v. Barbara Reed; Hinds Circuit Court 1st District; LC Case #: 251-02-1791CIV; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, P.J., Dissents with Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Cynthia Jo Staggs v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2005-0175CD; Ruling Date: 07/20/2005; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for Cynthia Jo Staggs 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.

Jerry Fitch, Sr. v. Johnny Valentine; Marshall Circuit Court; LC Case #: M99-380; Ruling Date: 04/12/2005; Ruling Judge: Andrew Howorth; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant. Lamar, J., not participating.

Imperial Palace Casino and Great American Insurance Company v. Johnie E. Wilson, Jr.; Harrison Circuit Court 1st District; LC Case #: A-2402-2005-4; Ruling Date: 11/07/2005; Ruling Judge: Jerry Terry, Sr.; Disposition: Joint Motion to Dismiss Petition for Writ of Certiorari and to Substitute Counsel is granted. The petition for writ of certiorari filed by Imperial Palace Casino and Great American Insurance Company is hereby dismissed. Order entered.

Imperial Palace Casino and Great American Insurance Company v. Johnie E. Wilson, Jr.; Harrison Circuit Court 1st District; LC Case #: A-2402-2005-4; Ruling Date: 11/07/2005; Ruling Judge: Jerry Terry, Sr.; Disposition: Joint Motion to Dismiss Petition for Writ of Certiorari and to Substitute Counsel is granted. The petition for writ of certiorari filed by Imperial Palace Casino and Great American Insurance Company is hereby dismissed. Order entered.

Estate of Robert Sutherland v. Estate of Robert M. Ritter, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-04-271-CIV; Ruling Date: 12/13/2005; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., Easley and Graves, JJ., would grant.

Grenada Living Center, LLC, Community Care Center of Grenada, LLC, Comm Care Mississippi, James S. Williams and James C. Landers v. Cephus Coleman, III (Substituted for Anne Donaldson), as Personal Representative of Cephus Coleman, Jr., Deceased and on Behalf of the Wrongful Death Beneficiaries of Cephus Coleman, Jr., Deceased; Grenada Circuit Court; LC Case #: 2004-0437CVM; Ruling Date: 01/06/2006; Ruling Judge: C. Morgan, III; Disposition: Appellants' Motion to Strike is denied. Order entered.

Grenada Living Center, LLC, Community Care Center of Grenada, LLC, Comm Care Mississippi, James S. Williams and James C. Landers v. Cephus Coleman, III (Substituted for Anne Donaldson), as Personal Representative of Cephus Coleman, Jr., Deceased and on Behalf of the Wrongful Death Beneficiaries of Cephus Coleman, Jr., Deceased; Grenada Circuit Court; LC Case #: 2004-0437CVM; Ruling Date: 01/06/2006; Ruling Judge: C. Morgan, III; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Smith, C.J., Concurs in Result Only. Easley, J., Concurs in Part and in Result. Carlson, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ. Specially Concurring Opinion: Carlson, J. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Join This Opinion.