07/27/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2005-CA-01106-SCT

Craig Allen v. National Railroad Passenger Corporation; Hinds Circuit Court 1st District; LC Case #: 251-03-509; Ruling Date: 05/27/2005; Ruling Judge: W. Yerger; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Graves, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., Dissent Without Separate Written Opinion.

Yvonne Ellis a/k/a Yvon Ellis v. State of Mississippi; Carroll Circuit Court 2nd District; LC Case #: 2005-0004-CR-2; Ruling Date: 05/12/2005; Ruling Judge: C. Morgan, III; Majority Opinion: Carlson, J. Disposition: Conviction of Statutory Rape and Sentence of Twenty (20) Years, with conditions, 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., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur.

Susan R. Moss, Tracy M. Nichols, Kenny R. Moss and Rory A. Garcia v. Batesville Casket Company, Inc. and Ott & Lee Funeral Home; Scott Circuit Court; LC Case #: 2001-CV-337-SC-C; Ruling Date: 12/28/2004; Ruling Judge: V. Cotten; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Diaz and Graves, JJ., Concur in Result Only.

Julie Rosson v. Dr. Mark McFarland; Hancock Circuit Court; LC Case #: 99-0205; Ruling Date: 09/30/2003; Ruling Judge: Stephen Simpson; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating.

Julie Rosson v. Dr. Mark McFarland; Hancock Circuit Court; LC Case #: 99-0205; Ruling Date: 09/30/2003; Ruling Judge: Stephen Simpson; Disposition: Appellee's motion to join in the appellant's motion for rehearing is dismissed as moot. Diaz, J., not participating. Order entered.

Billy Ray Bradley v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 636-03; Ruling Date: 06/15/2004; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Billy Ray Bradley is denied. To Deny: All Justices. Order entered.

K.D.F. and J.C.F. v. J.L.H.; Jackson Chancery Court; LC Case #: 2002-1805PW; Ruling Date: 03/09/2004; Ruling Judge: Pat Watts, Jr.; Disposition: Motion for rehearing filed by appellants is denied. Randolph, J., not participating.

David Antonio Grayer v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2003-656; Ruling Date: 04/28/2004; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by David Grayer is dismissed. M.R.A.P. 17(b). Order entered.

Maria Page v. Sherry Crawford a/k/a Sherrie Williamson; Lee Circuit Court; LC Case #: CV02-086(PF)L; Ruling Date: 11/01/2004; Ruling Judge: Paul Funderburk; Consolidated with 2003-CT-00978-SCT Maria Page v. Sherry Crawford; Lee Circuit Court; LC Case #: CV02-086(PF)L; Ruling Date: 04/21/2003; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by counsel for Maria Page is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Order entered.

Benny W. Colville v. Renee P. Davidson; DeSoto Circuit Court; LC Case #: CV 2002-382; Ruling Date: 10/14/2004; Ruling Judge: George Ready; Disposition: Petition for writ of certiorari filed by Benny W. Colville is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Order entered.

Eddie Adams and Beth Brown v. Greenpoint Credit, LLC and Security Bank of Amory; Monroe Circuit Court; LC Case #: CV-02-509-BM; Ruling Date: 11/01/2004; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by Greenpoint Credit LLC is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Diaz, Easley, Graves and Randolph, JJ. Order entered.

In the Matter of The Estate of Alvarado H. Kelly, Deceased: William Kelly v. Sarah D. Cuevas; Hancock Chancery Court; LC Case #: 2000-882; Ruling Date: 12/02/2004; Ruling Judge: Margaret Alfonso; Disposition: Petition for writ of certiorari filed by counsel for William Kelly is granted. To Grant: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Smith, C.J., Diaz, Easley, Graves and Randolph, JJ. Order entered.

In the Matter of The Estate of Alvarado H. Kelly, Deceased: William Kelly v. Sarah D. Cuevas; Hancock Chancery Court; LC Case #: 2000-882; Ruling Date: 12/02/2004; Ruling Judge: Margaret Alfonso; Disposition: Motion to dismiss petition for writ of certiorari filed by counsel for Sarah D. Cuevas is denied. To Deny: Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Smith, C.J., and Easley, J. Order entered.

Hinds County Board of Supervisors and Hinds County Circuit Clerk v. Lilly M. Abnie; Hinds Circuit Court 1st District; LC Case #: 251-02-1834CIV; Ruling Date: 01/06/2005; Ruling Judge: Tomie Green; Majority Opinion: Randolph, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., not participating.

Charles Moore, Jr. v. State of Mississippi; Lee Circuit Court; LC Case #: CR03-765; Ruling Date: 02/11/2005; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Randolph, JJ., not participating.

The Mississippi Bar v. Warner Hodges, III; Majority Opinion: Cobb, P.J. Disposition: Warner Hodges, III is suspended from the practice of law in the State of Mississippi for one (1) year from and after July 11, 2005, and shall pay all costs of this appeal. Warner Hodges, III, taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The en banc Court established a Commission on Children's Justice and appointed members of that Commission by order filed April 27, 2006. The en banc Court has appointed the following four additional persons as members of the Commission on Children's Justice: Elizabeth Carroll Hocker, Executive Director, Miss. Children's Justice Center; Kathryn Jewell, Guardian Ad Litem, DeSoto County Youth Court; Annette Williams, Harrison County Public Guardian; and Cynthia Davis, Director, Mississippi Judicial College. The Clerk of this Court is directed to mail a copy of this order to all members of the Commission on Children's Justice. Order entered.

Mississippi Department of Environmental Quality and City of Vicksburg v. Pacific Chlorine, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-27CIV; Ruling Date: 06/23/2006; Ruling Judge: Winston Kidd; Disposition: Emergency Petition for Interlocutory Appeal and Request for Stay filed by Mississippi Department of Environmental Quality (MDEQ) are denied. Smith, C.J., and Waller, P.J., would grant. Order entered.

[The Mayor and Board of Aldermen of] The City of Vicksburg v. Pacific Chlorine, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-27CIV; Ruling Date: 06/23/2006; Ruling Judge: Winston Kidd; Disposition: Emergency Petition for Interlocutory Appeal, Request for Stay and the Motion to Hold in Abeyance filed by City of Vicksburg are denied. Smith, C.J., and Waller, P.J., would grant. Order entered.