08/19/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
X  2003-CC-01466-SCT

William J. Heroman, Janet L. Heroman, Eric Lynch, Nicholas Augustus, IV, Timothy Koerner, Ann Koerner, Hilda Williams and Barbara Scott v. Mayor Billy McDonald and Board of Aldermen of the City of Pass Christian, Mississippi, and Phyllis Hughes and Randy Tuggle, Intervenors; Harrison Circuit Court 1st District; LC Case #: A2401-02-00065; Ruling Date: 05/29/2003; Ruling Judge: Stephen Simpson; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: James Sumner; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by counsel for appellant, Larry Matthew Puckett, is denied. Diaz and Graves, JJ., not participating.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed pro se by Larry Matthew Puckett is denied. Diaz and Graves, JJ., not participating.

Roderick Eskridge v. State of Mississippi; Grenada Circuit Court; LC Case #: 980011ACR; Ruling Date: 01/26/1999; Ruling Judge: C. Morgan, III; Disposition: Appellant's motion to stay the proceedings in this case until the announcement of the United States Supreme Court's decision in Roper v. Simmons is granted. Diaz, J., not participating. Order entered.

Rebecca L. Jackson and Gary Jackson v. State Farm Mutual Automobile Insurance Company; Pearl River Circuit Court; LC Case #: 98-0023; Ruling Date: 10/12/2001; Ruling Judge: Michael Eubanks; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Trial Court is Affirmed. Rebecca L. Jackson and Gary Jackson taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Robert Michael Watson v. Patricia Harris Watson; Rankin Chancery Court; LC Case #: 47940; Ruling Date: 12/05/2001; Ruling Judge: Thomas Zebert; Disposition: Motion for rehearing filed by Robert Michael Watson is denied. Easley, J., abstains. Diaz and Graves, JJ., not participating. Order entered.

Janssen Pharmaceutica, Inc., A Division of Johnson & Johnson, and Lumbermens Mutual Casualty Company v. Edward A. Stuart; Rankin Circuit Court; LC Case #: 2001-242; Ruling Date: 01/22/2002; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari was granted by order entered on December 11, 2003. After consideration, the Court finds that the petition was improvidently granted and should be dismissed. Petition for writ of certiorari filed by Edward A. Stuart is dismissed as improvidently granted. Edward A. Stuart is taxed with costs of this appeal. Waller, P.J., Diaz and Randolph, JJ., not participating. Dickinson, J., for the Court. Order entered.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Mitchell's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date. Diaz and Graves, JJ., not participating.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Mitchell's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date. Diaz and Graves, JJ., not participating.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Randolph, J. Disposition: Application for Leave to Seek Post-Conviction Relief is denied. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Michael Sheffield v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 01-CV-153(R); Ruling Date: 03/20/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari to the Court of Appeals filed by Michael Sheffield is granted. To Grant: Waller and Cobb, P.JJ., Dickinson and Randolph, JJ. To Deny: Smith, C.J., Easley and Carlson, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Blayde Grayson a/k/a Blayde N. Grayson a/k/a Blayde Nathniel Grayson a/k/a Blayde N. Amodeo v. State of Mississippi; George Circuit Court; LC Case #: 9610032; Ruling Date: 08/08/1997; Ruling Judge: Kathy Jackson; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Mississippi Transportation Commission v. Gary B. Anson; Forrest Circuit Court; LC Case #: CI-02-0043; Ruling Date: 07/22/2002; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by appellee is denied. Easley and Randolph, JJ., would grant. Diaz, J., not participating.

William Sanderson v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0012CR-A; Ruling Date: 04/02/2002; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Waller, P.J., and Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Coleman Powermate, Inc., Briggs & Stratton Corporation and Wal-Mart Stores, Inc. v. Rheem Manufacturing Company as Assignee of the Estate and Wrongful Death Beneficiaries of Sarah Jane King, Deceased; Jefferson Circuit Court; LC Case #: 97-0020; Ruling Date: 11/06/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ., Concur. Diaz, Graves and Dickinson, JJ., not participating.

Christian T. Goeldner v. The Mississippi Bar; LC Case #: 2002B1156; Ruling Date: 01/08/2003; Disposition: Motion for rehearing filed by Christian T. Goeldner is denied. Easley, J., would grant. Diaz and Carlson, JJ., not participating.

Joseph Daniel Burns a/k/a "Jo Jo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95-477; Ruling Date: 02/19/2003; Ruling Judge: Frank Russell; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Joseph Daniel Burns a/k/a "Jo Jo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95-477; Ruling Date: 02/19/2003; Ruling Judge: Frank Russell; Disposition: Motion to Modify Opinion filed by the State of Mississippi is granted. Diaz, J., not participating. Order entered. Opinion modified at paragraphs 24 and 25.

Joseph Daniel Burns a/k/a "Jo Jo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95-477; Ruling Date: 02/19/2003; Ruling Judge: Frank Russell; Disposition: Motion for Approval of Tenth Interim Compensation to Michael Adelman filed by counsel for Joseph Daniel Burns is granted. Diaz, J., not participating. Order entered.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Respondents' petition for rehearing is denied and this order is entered clarifying the order of May 24, 2004. Diaz and Graves, JJ., not participating. Order entered.

In Re: People Lease Inc. and Larry L Lewis; Hinds Circuit Court 1st District; LC Case #: 251-01-1321CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Writ of Mandamus to the Circuit Court of the First Judicial District of Hinds County, Mississippi, filed by counsel for People Lease, Inc., and Larry L. Lewis is denied. Petitioners' Motion to Accept Reply for Filing is granted. Motion for Additional Time Within Which to Reply to Respondents' Brief on Petition for Writ of Mandamus is dismissed as moot. Waller, P.J., and Diaz, J., not participating. Order entered.

In Re: People Lease Inc. and Larry L Lewis; Hinds Circuit Court 1st District; LC Case #: 251-01-1321CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Writ of Mandamus to the Circuit Court of the First Judicial District of Hinds County, Mississippi, filed by counsel for People Lease, Inc., and Larry L. Lewis is denied. Petitioners' Motion to Accept Reply for Filing is granted. Motion for Additional Time Within Which to Reply to Respondents' Brief on Petition for Writ of Mandamus is dismissed as moot. Waller, P.J., and Diaz, J., not participating. Order entered.

In Re: People Lease Inc. and Larry L Lewis; Hinds Circuit Court 1st District; LC Case #: 251-01-1321CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Writ of Mandamus to the Circuit Court of the First Judicial District of Hinds County, Mississippi, filed by counsel for People Lease, Inc., and Larry L. Lewis is denied. Petitioners' Motion to Accept Reply for Filing is granted. Motion for Additional Time Within Which to Reply to Respondents' Brief on Petition for Writ of Mandamus is dismissed as moot. Waller, P.J., and Diaz, J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Windell Williams; LC Case #: 2002-009; Ruling Date: 09/09/2003; Ruling Judge: C. Morgan, III; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance, granted. See Opinion of this Court handed down this date. Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. Windell Williams; LC Case #: 2002-009; Ruling Date: 09/09/2003; Ruling Judge: C. Morgan, III; Majority Opinion: Cobb, P.J. Disposition: Jefferson County Justice Court Judge Windell Williams shall be publicly reprimanded in open court by the Presiding Judge of the Jefferson County Circuit Court on the first day of the next term of that court after this decision becomes final, shall pay a fine of $228.50, and shall pay the costs of this proceeding of $100.00. Windell Williams taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In the Matter of the Petition for Reinstatement of Tammy L. Woolbright to The Mississippi Bar; LC Case #: 2000-BD-00660; Ruling Date: 09/14/2000; Disposition: Tammy L. Woolbright's petition for reinstatement to the practice of law is granted contingent on her satisfying the conditions set out herein. See Opinion of this Court handed down this date. Diaz and Graves, JJ., not participating.

In the Matter of the Petition for Reinstatement of Tammy L. Woolbright to The Mississippi Bar; LC Case #: 2000-BD-00660; Ruling Date: 09/14/2000; Majority Opinion: Randolph, J. Disposition: Petition for Reinstatement Granted Contingent on Woolbright's Satisfying the Conditions set out in Opinion of this Court. Tammy L. Woolbright taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

In the Matter of the Petition of Edward O. Benson for Reinstatement to the Practice of Law; LC Case #: 1999-BD-1373; Ruling Date: 11/19/1999; Disposition: Edward O. Benson's petition for reinstatement to the practice of law is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

In the Matter of the Petition of Edward O. Benson for Reinstatement to the Practice of Law; LC Case #: 1999-BD-1373; Ruling Date: 11/19/1999; Majority Opinion: Waller, P.J. Disposition: Petition for Reinstatement to the Practice of Law, denied. Edward O. Benson taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

The Mississippi Bar v. William S. Montgomery; Majority Opinion: Easley, J. Disposition: William S. Montgomery is disbarred from the practice of law in the State of Mississippi, effective on the date of entry of this Order. The Clerk of this Court shall mail certified copies of this order to the Clerks of the Supreme Court of the United States, the United States Court of Appeals for the Fifth Circuit, the United States District Courts for the Northern and Southern Districts of Mississippi. The Clerk of the Court shall send, via certified mail, copies of this order to William S. Montgomery and The Mississippi Bar. William S. Montgomery taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Gulfport-Biloxi Regional Airport Authority v. Otis Lee Davis and Mary H. Davis; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-2003-56; Ruling Judge: Robin Midcalf; Disposition: Motion to Set Aside Order and Grant Respondents their Appeal Rights under Rule 5(a) is denied. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.

The Mississippi Bar v. Christopher Cofer; Disposition: Cofer's motion to stay, granted. See Opinion of this Court handed down this date. Diaz, J., not participating.

The Mississippi Bar v. Christopher Cofer; Majority Opinion: Carlson, J. Disposition: These proceedings are stayed and Christopher Cofer's license to practice law in the State of Mississippi is temporarily suspended until such time as there is a final disposition of the criminal charges pending against him in State of Mississippi v. Chris Cofer, being Cause No. 2003-291 on the docket of the Circuit Court of Madison County. The Bar and Cofer, through counsel, are jointly responsible for promptly notifying this Court of the final disposition of the pending criminal charges against Cofer. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

The Mississippi Bar v. Attorney BBB; Majority Opinion: Easley, J. Disposition: Based on Rule 13 of the Mississippi Rules of Discipline, Attorney BBB is issued a private reprimand. The Clerk of this Court shall send, via certified mail, copies of this order to Attorney BBB and to The Mississippi Bar. Attorney BBB taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

The Mississippi Bar v. Louis D. Hamric, II; Disposition: The Mississippi Bar shall show cause, if any it can, within fourteen (14) days of the entry of this order, as to why this Court should not dismiss this matter based on the Bar's failure to satisfy Rule 16 of the Mississippi Rules of Discipline. Diaz, J., not participating. Show Cause Order entered.

American General Finance, Inc. v. Clay Rodgers; Holmes Circuit Court; LC Case #: 2002-213; Ruling Date: 04/14/2004; Ruling Judge: Jannie Lewis; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) filed by American General Financial Services, Inc., is granted. Petitioner's Request for Stay is dismissed as moot. This matter is remanded to the Circuit Court of Holmes County, Mississippi, for further proceedings consistent with this Order. Petitioner is taxed with all costs of this appeal. Diaz and Graves, JJ., not participating. Cobb, P.J., for the Court. Order entered.

American General Finance, Inc. v. Clay Rodgers; Holmes Circuit Court; LC Case #: 2002-213; Ruling Date: 04/14/2004; Ruling Judge: Jannie Lewis; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) filed by American General Financial Services, Inc., is granted. Petitioner's Request for Stay is dismissed as moot. This matter is remanded to the Circuit Court of Holmes County, Mississippi, for further proceedings consistent with this Order. Petitioner is taxed with all costs of this appeal. Diaz and Graves, JJ., not participating. Cobb, P.J., for the Court. Order entered.