08/04/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2004-IA-00704-SCT

Kathryn N. Nester v. Jay Jernigan; Forrest Circuit Court; LC Case #: CI97-0219; Ruling Date: 03/05/2004; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

Carroll D. Aby, III v. Janie Garcia; Forrest Chancery Court; LC Case #: 00-0852-GN-W; Ruling Date: 04/11/2003; Ruling Judge: Johnny Williams; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

William L. Shaw a/k/a Will Shaw v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-022WSY; Ruling Date: 08/07/2003; Ruling Judge: W. Yerger; Majority Opinion: Graves, J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment, Without Parole, 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, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Johnny Harpole v. Kemper County Democratic Executive Committee and Samuel Tisdale; Kemper Circuit Court; LC Case #: 2003-CV-90; Ruling Date: 12/07/2003; Ruling Judge: Albert Smith, III; 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. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Syngenta Crop Protection, Inc. v. Monsanto Company; Bolivar Circuit Court 1st District; LC Case #: 2000-1; Ruling Date: 02/27/2004; Ruling Judge: Larry Lewis; Consolidated with 2004-IA-00711-SCT Syngenta Seeds, Inc. v. Monsanto Company; Bolivar Circuit Court 1st District; LC Case #: 2000-1; Ruling Date: 03/24/2004; Ruling Judge: Larry Lewis; Consolidated with 2004-IA-00709-SCT Dow Agrosciences, LLC v. Monsanto Company; Bolivar Circuit Court 1st District; LC Case #: 2000-1; Ruling Date: 03/24/2004; Ruling Judge: Larry Lewis; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee 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.

Mattie Cheeks, Individually and as Administratrix of the Estate of Henry Cheeks v. Bio-Medical Applications, Inc.; Madison Circuit Court; LC Case #: CI-2001-0037; Ruling Date: 09/19/2003; Ruling Judge: Samac Richardson; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11229; Ruling Date: 01/18/1991; Ruling Judge: Lee Howard; Disposition: Motion to Withdraw Mandate Ordering Atkins Hearing, Vacate the Sentence of Death under Roper v. Simmons, and Impose a Sentence of Life Without Parole under Miss. Code Ann., Section 99-19-107 filed by the State of Mississippi is granted. This matter is remanded to the Lowndes County Circuit Court for re-sentencing in accordance with the decision of Roper v. Simmons, 543 U.S. _____ (2005), and Section 99-19-107. Diaz, Easley and Randolph, JJ., not participating. Order entered.

In the Matter of the Estate of Martha R. Seay Hardy: Maynette Seay, Annette Seay Hines and Elizabeth Seay Self v. James Seay; DeSoto Chancery Court; LC Case #: 94-12-1361; Ruling Date: 07/24/2000; Ruling Judge: Dennis Baker; Disposition: The appellants' motion to clarify is granted. The prior opinion, In re Estate of Hardy, 805 So. 2d 515 (Miss. 2002), is vacated and withdrawn, and this opinion (handed down this date) is substituted therefor. Affirmed in Part; Reversed and Rendered in Part. Diaz, Carlson and Randolph, JJ., not participating.

In the Matter of the Estate of Martha R. Seay Hardy: Maynette Seay, Annette Seay Hines and Elizabeth Seay Self v. James Seay; DeSoto Chancery Court; LC Case #: 94-12-1361; Ruling Date: 07/24/2000; Ruling Judge: Dennis Baker; Disposition: On the sua sponte motion of the Court, the February 14, 2002, mandate issued by this Court is vacated and a new mandate shall be issued in accordance with the new opinion handed down this date. Diaz, Carlson and Randolph, JJ., not participating. Order entered.

In the Matter of the Estate of Martha R. Seay Hardy: Maynette Seay, Annette Seay Hines and Elizabeth Seay Self v. James Seay; DeSoto Chancery Court; LC Case #: 94-12-1361; Ruling Date: 07/24/2000; Ruling Judge: Dennis Baker; Majority Opinion: Waller, P.J. Disposition: The appellants' motion to clarify is granted. The prior opinion, In re Estate of Hardy, 805 So. 2d 515 (Miss. 2002), is vacated and withdrawn, and this opinion is substituted therefor. Affirmed in Part; Reversed and Rendered in Part. Appellants and appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, Carlson and Randolph, JJ., 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: Appellant's Motion to Amend Petition to Conform to Evidence Introduced by the State at Evidentiary Hearing is denied. Diaz, Easley and Graves, JJ., not participating. Order entered.

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: Appellant's Objections to the Circuit Court's "Evidentiary Hearing Order" are denied. Diaz, Easley and Graves, JJ., not participating. Order entered.

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; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Petition for Post-Conviction Relief, Denied. Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Diaz, Easley and Graves, JJ., not participating.

Barber Seafood, Inc. d/b/a Uncle Chester's Fish House and Mississippi Restaurant Association Workmen's Compensation Trust v. Sandra Louise Smith; Pearl River Circuit Court; LC Case #: CVV2002-0536; Ruling Date: 03/12/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part and Reversed in Part. Appellants and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

City of Jackson, Mississippi and University of Mississippi Medical Center v. The Estate of Otha Stewart, Deceased, by and through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816-CIV; Ruling Date: 04/01/2003; Ruling Judge: Winston Kidd; Consolidated with 1999-IA-01527-SCT Otha Stewart, by and through Emma Womack, her Daughter and Conservator of Her Person and Her Estate v. City of Jackson, Mississippi, and Doris B. Spiller; Hinds Circuit Court 1st District; LC Case #: 98816CIV; Ruling Date: 09/01/1999; Ruling Judge: James Graves, Jr.; Disposition: On the Court's own motion, James A. Bobo and Mark C. Baker, Sr., are directed to file written responses within twenty (20) days from the date of this order. James A. Bobo and Mark C. Baker, Sr., shall appear before this Court, sitting en banc, on Thursday, the 13th day of October, 2005, at 9:30 a.m., to show cause, if any they can, why they should not be sanctioned for their disrespectful conduct described in paragraphs numbered (1) - (12) of this order. Upon conducting a hearing and affording Bobo and Baker the opportunity to be heard, the Court shall determine whether Bobo and/or Baker should be sanctioned, and if so, then the Court shall likewise proceed to determine the necessary and appropriate sanctions to be imposed. Smith, C.J., Diaz and Graves, JJ., not participating. Show Cause Order entered.

City of Jackson, Mississippi and University of Mississippi Medical Center v. The Estate of Otha Stewart, Deceased, by and through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816-CIV; Ruling Date: 04/01/2003; Ruling Judge: Winston Kidd; Consolidated with 1999-IA-01527-SCT Otha Stewart, by and through Emma Womack, her Daughter and Conservator of Her Person and Her Estate v. City of Jackson, Mississippi, and Doris B. Spiller; Hinds Circuit Court 1st District; LC Case #: 98816CIV; Ruling Date: 09/01/1999; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by appellee is denied. The opinion is modified at paragraphs 38, 39, 40, 43, 48, 49, 51, 55, 59, 61, 62 and 63. Easley, J., would grant. Diaz and Graves, JJ., not participating.

Christopher Smith a/k/a Chris Smith/Christopher Anderson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-31; Ruling Date: 06/10/2003; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed pro se by appellant is denied. Diaz, J., not participating.

Debra Waters v. James "Danny" Gnemi; Holmes Circuit Court; LC Case #: 2003-366; Ruling Date: 11/13/2003; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Johnny Harpole v. Kemper County Democratic Executive Committee and Samuel Tisdale; Kemper Circuit Court; LC Case #: 2003-CV-90; Ruling Date: 12/07/2003; Ruling Judge: Albert Smith, III; Disposition: Motion for Sanctions and Memorandum in Support Thereof filed by Appellee, Samuel Tisdale, is denied. Diaz, J., not participating. Order entered.

Johnny Harpole v. Kemper County Democratic Executive Committee and Samuel Tisdale; Kemper Circuit Court; LC Case #: 2003-CV-90; Ruling Date: 12/07/2003; Ruling Judge: Albert Smith, III; Disposition: Motion To Dismiss Appeal for Lack of Subject Matter Jurisdiction filed by Appellee, Samuel Tisdale, is denied. Diaz, J., not participating. Order entered.

Illinois Central Gulf Railroad Company v. William K. Milward; Quitman Circuit Court; LC Case #: 99-0073-T; Ruling Date: 01/20/2004; Ruling Judge: Kenneth Thomas; Disposition: Appellee's Motion to Retax Costs is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Grant: Easley, Graves and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Mississippi Transportation Commission v. Edward A. Williamson, Burl Thomas Williamson, Noel Stanley Williamson, Edward A. Williamson, Beneficiary and Fenton B. Deweese, Trustee; Neshoba Special Court of Eminent Domain; LC Case #: 01-CV-0289-NS-G; Ruling Date: 03/03/2004; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by the Mississippi Transportation Commission is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Kassey Ray Ayles, a Minor, by and through Her Mother and Next Friend, Lesley Melton Allen v. Coleman Maddox Allen, III and M. Lee Graves; Coahoma Circuit Court; LC Case #: 14-CI-04-0003-ABS; Ruling Date: 04/17/2004; Ruling Judge: Gray Evans; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant. Cobb, P.J., and Diaz, J., not participating.

The Mississippi Bar v. David L. Robinson; Disposition: The Mississippi Bar's Motion for Immediate Suspension is dismissed as moot. David L. Robinson is hereby disbarred from the practice of law in the State of Mississippi and his name shall be immediately removed from the rolls of The Mississippi Bar. Diaz and Easley, JJ., Not Participating. Order of Disbarment entered.

The Mississippi Bar v. David L. Robinson; Majority Opinion: Graves, J. Disposition: David L. Robinson is hereby disbarred from the practice of law in the State of Mississippi and his name shall be immediately removed from the rolls of The Mississippi Bar. David L. Robinson taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., not participating.