08/07/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
XX  2007-CA-00673-SCT

Richard H. Bennett, Individually and the Concerned Citizens of Pearl River County, Mississippi v. Board of Supervisors of Pearl River County, Mississippi; Pearl River Circuit Court; LC Case #: 2006-0191; Ruling Date: 03/28/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Waller, P.J., Concurs in Part and in Result. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Waller, P.J.; Dickinson, J., Joins in Part. Specially Concurring Opinion: Randolph, J. Votes: Waller, P.J., Joins This Opinion. Dickinson, J., Joins This Opinion in Part.

Wayne Gilpatrick v. State of Mississippi; Rankin Circuit Court; LC Case #: 17,526; Ruling Date: 10/17/2006; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, J. Disposition: Count I: Conviction of Driving under the Influence of Alcohol and negligently causing mutilation and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Driving under the Influence of Alcohol and negligently causing mutilation and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Driving under the Influence of Alcohol and negligently causing mutilation and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall be served concurrently. Rankin County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

J.P. and C.P. v. S.V.B. and M.B.; Clay Chancery Court; LC Case #: 2006-0137-C; Ruling Date: 01/12/2007; Ruling Judge: Dorothy Colom; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Harvey Lavell Reid a/k/a Harvey Leave Reid v. State of Mississippi; Newton Circuit Court; LC Case #: 07-CR-004-NW-G; Ruling Date: 04/13/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Smith, C.J. Disposition: Conviction of Gratification of Lust and Sentence of Fifteen (15) Years in the custody of the Mississippi Department of Corrections, Affirmed. Newton County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ., Concur. Easley and Randolph, JJ., Concur in Result Only. Graves, J., Concurs in Part and in Result.

Terry Dora v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2001-0665-CR1; Ruling Date: 11/23/2004; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., Graves and Dickinson, JJ., would grant.

Hilda Patsy Spurgeon and Ottis Jerome Spurgeon v. Edwin G. Egger; Washington Circuit Court; LC Case #: CI2004-92; Ruling Date: 08/11/2005; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by counsel for Edwin G. Egger, M.D., is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J. Order entered.

Roderick J. Brown v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 04CV-122(R); Ruling Date: 10/05/2005; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed pro se by Roderick J. Brown is denied. To Deny: All Justices. Order entered.

Fredrick Moore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-070(b); Ruling Date: 10/11/2005; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant.

Magnolia Healthcare, Inc. d/b/a Arnold Avenue Nursing Home; Foundation Health Services, Inc. and Diane Oltremari, Administrator v. Barbara Jean Barnes, by and through Her Relative and Next Friend, Shirley Grigsby, as Conservator of the Estate of Barbara Jean Barnes; Washington Circuit Court; LC Case #: CI205-252; Ruling Date: 02/07/2006; Ruling Judge: Richard Smith; Disposition: The Motion for Rehearing filed on behalf of Barbara Jean Barnes, by and through her relative and next friend, Shirley Grigsby, as Conservator of her estate, is granted. Easley, J., would deny. The previous opinions are withdrawn and these opinions substituted therefor. Affirmed.

Magnolia Healthcare, Inc. d/b/a Arnold Avenue Nursing Home; Foundation Health Services, Inc. and Diane Oltremari, Administrator v. Barbara Jean Barnes, by and through Her Relative and Next Friend, Shirley Grigsby, as Conservator of the Estate of Barbara Jean Barnes; Washington Circuit Court; LC Case #: CI205-252; Ruling Date: 02/07/2006; Ruling Judge: Richard Smith; Majority Opinion: Randolph, J. Disposition: The Motion for Rehearing filed on behalf of Barbara Jean Barnes, by and through her relative and next friend, Shirley Grigsby, as Conservator of her estate, is granted. The previous opinions are withdrawn and these opinions substituted therefor. Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., and Carlson, J., Concur. Diaz, P.J., and Lamar, J., Concur in Result Only. Waller, P.J., Concurs in Part and in Result. Dickinson, J., Concurs with Separate Written Opinion Joined by Waller, P.J., and Lamar, J. Graves, J., Concurs in Result Only with Separate Written Opinion Joined by Diaz, P.J. Easley, J., Dissents Without Separate Written Opinion. Concurring Opinion: Dickinson, J. Votes: Waller, P.J., and Lamar, J., Join This Opinion. Concur in result only Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

Thomas Willard Pool, Jr. v. Sherry Clay Pool; Lauderdale Chancery Court; LC Case #: 04-150-S; Ruling Date: 05/31/2006; Ruling Judge: Sarah Springer; Disposition: Petition for writ of certiorari filed by Thomas Willard Pool, Jr., is denied. To Deny: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Waller, P.J., and Easley, J. Order entered.

John R. Harrison and James A. Mims, Jr. v. Bobby Joe Roberts; Webster Chancery Court; LC Case #: 05-178; Ruling Date: 09/13/2006; Ruling Judge: Robert Lancaster; Disposition: Petition for writ of certiorari filed by petitioners is denied. To Deny: All Justices. Order entered.