08/10/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2005-IA-00384-SCT

Citizens National Bank v. Dixieland Forest Products, LLC, Pacesetter Properties, Inc., and Elwin Randy Pope; Lauderdale Circuit Court; LC Case #: 03-CV-030-B; Ruling Date: 12/09/2004; Ruling Judge: Robert Bailey; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only. Graves, J., not participating.

Melvin Ray Lewis a/k/a Ray Ray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0592; Ruling Date: 07/27/2004; Ruling Judge: W. Yerger; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Conviction of Aggravated Assault with a Weapon and Sentence of Ten (10) Years, with Two (2) Years Post Release Supervision, 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, Carlson, Dickinson and Randolph, JJ., Concur.

Jonathan Duncan v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 23-22-K; Ruling Date: 10/21/2003; Ruling Judge: Robert Evans; Majority Opinion: Easley, J. Disposition: Conviction of Armed Robbery in Count II and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Jasper County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Samuel Lee Miley v. State of Mississippi; Scott Circuit Court; LC Case #: 05-CR-028-SC-G; Ruling Date: 06/09/2005; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, P.J. Disposition: Conviction of Statutory Rape and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. Scott County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Concur in Result Only.

Alan Michael Rubenstein v. State of Mississippi; Pike Circuit Court; LC Case #: 98-57-KA; Ruling Date: 02/05/2000; Ruling Judge: Keith Starrett; Disposition: Motion for rehearing filed by appellant is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Count I: Conviction of Capital Murder is Affirmed. Sentence of Death is Reversed and Remanded for Resentencing consistent with the Opinion of this Court. Count II: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections together with payment of a fine of $10,000.00, all other costs and court costs, Affirmed. Count III: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts II and III shall run consecutively with each other. Smith, C.J., Easley and Randolph, JJ., would deny.

Alan Michael Rubenstein v. State of Mississippi; Pike Circuit Court; LC Case #: 98-57-KA; Ruling Date: 02/05/2000; Ruling Judge: Keith Starrett; Majority Opinion: Dickinson, J. Disposition: The appellant's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Count I: Conviction of Capital Murder is Affirmed. Sentence of Death is Reversed and Remanded for Resentencing consistent with the Opinion of this Court. Count II: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections together with payment of a fine of $10,000.00, all other costs and court costs, Affirmed. Count III: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts II and III shall run consecutively with each other. Pike County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Smith, C.J., and Randolph, J. Concurring in Part and Dissenting in Part Opinion: Easley, J. Votes: Smith, C.J., and Randolph, J., Join This Opinion.

Cheryl Robley, Ph.D. v. Blue Cross/Blue Shield of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00016; Ruling Date: 09/05/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Circuit Court of Harrison County is Affirmed in Part and Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only. Easley, J., Concurs in Part. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Amite County School District and Amite County School Board v. Charles W. Floyd a/k/a Charlie Floyd; Amite Chancery Court; LC Case #: 2003-156; Ruling Date: 11/03/2003; Ruling Judge: Hollis McGehee; Consolidated with 2003-CT-02703-SCT Amite County School District and Amite County School Board v. Charles W. Floyd a/k/a Charlie Floyd; Amite Chancery Court; LC Case #: 2002-264; Ruling Date: 11/03/2003; Ruling Judge: Hollis McGehee; Disposition: Appellee's petition for writ of certiorari filed by counsel for Charles W. Floyd 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.

Jonathan Duncan v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 23-22-K; Ruling Date: 10/21/2003; Ruling Judge: Robert Evans; Disposition: Duncan's motion for permission to file a supplemental brief is denied. Order entered.

Jacob Sullinger v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2002-342-RD; Ruling Date: 10/02/2003; Ruling Judge: George Ready; Disposition: Petition for writ of certiorari filed pro se by Jacob Sullinger is denied. To Deny: All Justices Order entered

Modena Buckley and Keith Buckley v. William Garner; Scott Chancery Court; LC Case #: 2003-0275; Ruling Date: 12/31/2003; Ruling Judge: H. Clark, II; Disposition: Petition for writ of certiorari filed by counsel for Modena Buckley and Keith Buckley is denied. To Deny: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Order entered.

Pam McVey, Widow and Next Friend of Jerry Neal McVey, Deceased v. Jimmy C. Havard, Executor for Estate of David B. Stephens, M.D.; Forrest Circuit Court; LC Case #: CI99-0183; Ruling Date: 11/22/2003; Ruling Judge: William Coleman; Disposition: Appellant's motion to recall mandate for purposes of retaxing cost is denied. Waller, P.J. and Randolph, J., not participating. Order entered.

Kado James Jackson v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-475CR; Ruling Date: 12/19/2003; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for Kado James Jackson is denied. To Deny: All Justices Order entered

Malcolm Gerald Glenn, Administrator of the Estate of Brittany Glenn, Deceased, and Malcolm Gerald Glenn v. Overhead Door Corporation and Peter J. Maloney, Inc.; Lee Circuit Court; LC Case #: 00-201(F)L; Ruling Date: 02/05/2004; Ruling Judge: Gray Evans; Disposition: Petition for writ of certiorari filled by counsel for Malcolm Gerald Glenn is dismissed as untimely filed. To Dismiss as Untimely Filed: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, J. To Deny: Cobb, P.J. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202CIV; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: Motion for En Banc to Reconsider a Panel's Ruling and to Consider the Motions to Recuse Three Individual Justices for their Failure to Timely Rule on the Motion Pursuant to the Internal Operating Procedure 12 and Appellate Rules and to have the next Senior Justice to sign an order that they are recused and to further void the order of the panel until replacements have been made and to dismiss the appeal as inappropriately granted filed by counsel for Robert Phillips is denied in part and dismissed in part. Motion for Clarification or in the Alternative Reconsideration also filed by counsel for Robert Phillips is denied. Brief and Motion to Proceed in the trial court against the defendant Freeman who chose not to appeal filed by counsel for Robert Phillips is denied. Emergency Motion and Brief to Rescind the Letter to the Governor until the Administrative Ruling on the Motion for Reconsideration and Clarification is considered filed by counsel for Robert Phillips is denied. Motion for the Court to Consider the Outstanding and Pending Motions and for the Court to rule on the motions previously filed is dismissed. Diaz, Easley, Dickinson and Randolph, JJ., and Barry and Parker, Special Justices, agree. Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202CIV; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: Motion for En Banc to Reconsider a Panel's Ruling and to Consider the Motions to Recuse Three Individual Justices for their Failure to Timely Rule on the Motion Pursuant to the Internal Operating Procedure 12 and Appellate Rules and to have the next Senior Justice to sign an order that they are recused and to further void the order of the panel until replacements have been made and to dismiss the appeal as inappropriately granted filed by counsel for Robert Phillips is denied in part and dismissed in part. Motion for Clarification or in the Alternative Reconsideration also filed by counsel for Robert Phillips is denied. Brief and Motion to Proceed in the trial court against the defendant Freeman who chose not to appeal filed by counsel for Robert Phillips is denied. Emergency Motion and Brief to Rescind the Letter to the Governor until the Administrative Ruling on the Motion for Reconsideration and Clarification is considered filed by counsel for Robert Phillips is denied. Motion for the Court to Consider the Outstanding and Pending Motions and for the Court to rule on the motions previously filed is dismissed. Diaz, Easley, Dickinson and Randolph, JJ., and Barry and Parker, Special Justices, agree. Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ., not participating. Order entered.

Justin Haynes v. State of Mississippi; Attala Circuit Court; LC Case #: 2004-00085-CR; Ruling Date: 02/02/2005; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by appellant is denied. Cobb, P.J., Diaz, Graves and Dickinson, JJ., would grant.

First Family Financial Services, Inc., et al. v. Doris Sims, et al.; Jasper Circuit Court 1st District; LC Case #: 10-0058; Ruling Date: 02/16/2006; Ruling Judge: Robert Evans; Disposition: Petition for Interlocutory Appeal filed by First Family Financial Services, Inc., is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Diaz, Easley and Graves, JJ. Not Participating: Randolph, J. Order entered.

Barbara Gray Goodwin, Individually; Raphael Goodwin, Jr., Individually; Emman Delores Goodwin, A Minor, By and Through her Mother and Next Friend Valerie Hughes; and the Estate of Raphael Goodwin, Sr., Barbara Gray Goodwin, Administratrix v. Joseph S. McCrary, West Side Transport, Inc., West Side Unlimited Corporation, West Side Salvage, Inc., West Side Grain Sales Corporation, West Side Equipment Leasing, Inc., David F. McIrvin, Donald A. Vogt, Ronald D. Vogt, APAC Mississippi, Inc., Culpepper Enterprises, Inc., Mississippi Department of Transportation; Mississippi Transportation Commission and John Does IV-XII; Lauderdale Circuit Court; LC Case #: 02-CV-109(B); Ruling Date: 05/03/2006; Ruling Judge: Robert Bailey; Disposition: Petition for interlocutory appeal from Lauderdale County Circuit Court Causes 02-CV-109(B) and 02-CV-206(B) filed by counsel for the petitioners is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed pursuant to M.R.A. P. 10 and 11. To Deny: Diaz, Easley, Graves and Randolph, JJ. Order entered.

William Ivy v. West Side Transport, Inc., APAC Mississippi, Inc., Culpepper Enterprises, Inc., and Other Unnamed Defendants; Lauderdale Circuit Court; LC Case #: CA-03-0444; Ruling Date: 05/22/2006; Ruling Judge: Robert Bailey; Disposition: Petition for interlocutory appeal filed by counsel for William Ivy is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed pursuant to M.R.A. P. 10 and 11. On the Court's own motion, this appeal shall be consolidated with the interlocutory appeal in cause No. 2006-TS-00863. To Deny: Diaz, Easley, Graves and Randolph, JJ. Order entered.

William Ivy v. West Side Transport, Inc., APAC Mississippi, Inc., Culpepper Enterprises, Inc., and Other Unnamed Defendants; Lauderdale Circuit Court; LC Case #: CA-03-0444; Ruling Date: 05/22/2006; Ruling Judge: Robert Bailey; Disposition: Petition for interlocutory appeal filed by counsel for William Ivy is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed pursuant to M.R.A. P. 10 and 11. On the Court's own motion, this appeal shall be consolidated with the interlocutory appeal in cause No. 2006-TS-00863. To Deny: Diaz, Easley, Graves and Randolph, JJ. Order entered.