Supreme Court of MississippiHand Down List
August 2, 2007
08/02/2007 - Hand Down and published opinions in WordPerfect/ZIP format
Dickinson, Jess H.
X 2006-KA-00837-SCT
James Bradley Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-0009; Ruling Date: 02/09/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Dickinson, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only.
Diaz, Oliver E.
X 2006-KA-00722-SCT
Gary Donnell Parker v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-976-CR; Ruling Date: 03/16/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Diaz, P.J. Disposition: Conviction of Residential Burglary and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, without the benefit or possibility of parole or early release, Affirmed. Forrest County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.
Smith, James W.
X 2006-CA-00669-SCT
Melissa Entrican v. Doug Ming, Jeremy Campbell and HMA Corporation, Inc. d/b/a Rankin Medical Center Ambulance Services a/k/a REMS; Hinds Circuit Court 1st District; LC Case #: 251-00-98-CIV; Ruling Date: 02/09/2006; Ruling Judge: W. Yerger; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., not participating.
Smith, James W.
2006-SA-01340-SCT
Katherine M. Crane v. Mississippi Transportation Commission; Forrest Special Court of Eminent Domain; LC Case #: CO05-0585; Ruling Date: 05/18/2006; Ruling Judge: Michael McPhail; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.
EN BANC
2003-IA-02546-SCT
Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-CA-02601-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of all Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-096; Ruling Date: 06/11/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-02547-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 10/15/2003; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Diaz, P.J., and Easley, J., would grant. Graves, J., not participating.
EN BANC
2003-IA-02547-SCT
Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 10/15/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-CA-02601-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of all Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-096; Ruling Date: 06/11/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-02546-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Diaz, P.J., and Easley, J., would grant. Graves, J., not participating.
EN BANC
2003-CA-02601-SCT
Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of all Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-096; Ruling Date: 06/11/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-02546-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-02547-SCT Ford Motor Company and World Rental Car Sales of Mississippi, LLC v. Julia Tennin, Individually, and as Administratrix of the Estate of L. C. Tennin, III, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; and Patricia Alexander, Individually, and as Administratrix of the Estate of Antoine Alexander, Deceased, and on Behalf of All Other Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-96CIV; Ruling Date: 10/15/2003; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Diaz, P.J., and Easley, J., would grant. Graves, J., not participating.
EN BANC
2003-CT-02774-SCT
International Paper Company v. James Alvin Townsend; Sharkey Circuit Court; LC Case #: 01-079; Ruling Date: 06/12/2003; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by counsel for James Alvin Townsend is denied. To Deny: Smith, C.J., Carlson, Dickinson and Lamar, JJ. To Grant: Diaz, P.J., Easley and Graves, JJ. To Dismiss as Untimely: Waller, P.J., and Randolph, J. Order entered.
EN BANC
2005-CT-00289-SCT
Rita M. Higginbotham, Individually, and as Mother and Personal Representative of the Wrongful Death Beneficiaries of Heather Dawn Higginbotham, Deceased v. Hill Brothers Construction Company, Inc., Hill Brothers Construction & Engineering Co., Inc., and Endevco, Inc.; Tunica Circuit Court; LC Case #: 2002-0204; Ruling Date: 01/05/2005; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by counsel for the petitioner is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Easley, J. Order entered.
EN BANC
2005-DP-00419-SCT
Mack Arthur King v. State of Mississippi; Lowndes Circuit Court; LC Case #: 6716; Ruling Date: 03/28/2003; Ruling Judge: R. Coleman; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant. Easley and Lamar, JJ., not participating.
EN BANC
2005-CT-00611-SCT
Dontay Walker v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-106-CR; Ruling Date: 02/09/2005; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed pro se by Dontay Walker is denied. To Deny: All Justices. Order entered.
EN BANC
2005-CA-01353-SCT
Cortney Jo Ashmore McCord v. HealthCare Recoveries, Inc. and Travelers Insurance Company; Lee Chancery Court; LC Case #: 97-0525; Ruling Date: 06/03/2005; Ruling Judge: Jacqueline Mask; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., Easley, Graves and Randolph, JJ., would grant.
EN BANC
2005-CT-01580-SCT
Joseph Leon Jackson, Jr. v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2005-0109 CVL; Ruling Date: 07/29/2005; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Joseph Leon Jackson, Jr., is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Lamar, JJ. To Deny: Diaz, P.J., and Randolph, J. Order entered.
EN BANC
2005-CT-01919-SCT
John Poynor, Sr. v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR-2005-45-B-P(2); Ruling Date: 10/07/2005; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by John Poyner, Sr. 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.
EN BANC
2005-CT-02135-SCT
Albert Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-101-KR2; Ruling Date: 11/08/2005; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed pro se by Albert Jones is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.
EN BANC
2006-CT-00674-SCT
AirTran, Inc., and American Manufacturers Insurance Company v. Pamela Byrd; Harrison Circuit Court 1st District; LC Case #: A2401-2005-244; Ruling Date: 04/04/2006; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Pamela Byrd is granted. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny: Easley, J. Order entered.
EN BANC
2006-CA-02107
Hosea Hines v. City of Pearl, Mississippi; Pearl Municipal Court; LC Case #: 30153; Ruling Date: 12/19/2006; Ruling Judge: John Shirley; Disposition: Motion for Reconsideration and/or to Show Cause filed by counsel for appellant is granted. Counsel's brief submitted on behalf of appellant shall be accepted and filed. To Accept Brief and Impose No Sanctions: Waller and Diaz, P.JJ., and Easley, Graves and Dickinson, JJ. To Accept Brief and Impose Sanctions: Smith, C.J., and Carlson, Randolph and Lamar, JJ. Order entered.