08/28/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2006-CA-01898-SCT

Estate of Venus Jones, M.D., Lance Wright, M.D. and Semmes-Murphy Clinic, Memphis Pathology Labs and Baptist Rapid Access Lab v. Tyson Phillips, A Minor, By and Through His Next Friend, Mary Jean Phillips and Mary Jean Phillips, Individually and as Conservator for Wilbert Phillips; Coahoma Circuit Court; LC Case #: 14- CI-01-0061; Ruling Date: 12/30/2002; Ruling Judge: Kenneth Thomas; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Isaiah Williams v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2006-32-M-P1; Ruling Date: 10/19/2007; Ruling Judge: James McClure, III; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of sale of cocaine and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, as a habitual offender under Section 99-19-83, Mississippi Code Annotated, Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Lamar, J., not participating.

Marlon Latodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-82; Ruling Date: 03/30/2001; Ruling Judge: R. Coleman; Disposition: Howell's Application for Post-Conviction Relief is denied in part and granted in part. See Opinion of this Court handed down this date. Easley, J., Dissents Without Separate Written Opinion. Diaz, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Graves and Dickinson, JJ.

Marlon Latodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-82; Ruling Date: 03/30/2001; Ruling Judge: R. Coleman; Majority Opinion: Carlson, J. Disposition: Application for Post-Conviction Relief is denied in part and granted in part. Union County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves and Dickinson, JJ. Concurring in Part and Dissenting in Part Opinion: Diaz, P.J. Votes: Graves and Dickinson, JJ., Join This Opinion.

Charles Isaac Fisher, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0618-CR1; Ruling Date: 08/18/2005; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Charles Isaac Fisher, Jr., is denied. To Deny: Smith, C. J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., Graves and Dickinson, JJ. Order entered.

James Walter Parchman v. Amwood Products, Inc. and Mississippi Manufacturers' Association Workers' Compensation Trust; Monroe Circuit Court; LC Case #: CV05-362(A)M; Ruling Date: 12/15/2005; Ruling Judge: Sharion Aycock; Disposition: Motion for rehearing filed by appellees is denied. Smith, C.J., and Carlson, J., would grant.

Spotlite Skating Rink, Inc. v. Bianca Zwyaca Barnes, By and Through Mother and Next Friend, Vearly Barnes on Behalf of the Wrongful Death Beneficiaries and as Administratrix of the Estate of Bianca Zwyaca Barnes, Deceased; Washington Circuit Court; LC Case #: CI 2002-128; Ruling Date: 11/02/2005; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., would grant.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Motion of Appellant, D.C., for Rehearing or Reconsideration of Dismissal of Appeal, and/or Motion for Rehearing or Reconsideration of Order Denying Motion to Reinstate Appeal, and Motion for Stay of Mandate Pending Adjudication of these Motions is denied. Diaz, P.J., and Randolph, J., not participating.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Motion of Appellant, D.C., for Rehearing or Reconsideration of Dismissal of Appeal, and/or Motion for Rehearing or Reconsideration of Order Denying Motion to Reinstate Appeal, and Motion for Stay of Mandate Pending Adjudication of these Motions is denied. Diaz, P.J., and Randolph, J., not participating.

Isreal Boone Page a/k/a Scooter v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2004-0237-CR; Ruling Date: 08/03/2005; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Isreal Boone Page is denied. To Deny: All Justices. Order entered.

Shappley Harris, The Shappley Co., Inc., and Fire & Casualty Benefits v. Hinds County, Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-1063CIV; Ruling Date: 04/25/2006; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellant, Shappley Harris, is denied. Smith, C.J., not participating.

Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141-J; Ruling Date: 12/19/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by petitioner is denied. Diaz, P.J., and Graves, J., would grant.

Devin A. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 12699; Ruling Date: 02/28/2003; Ruling Judge: William Chapman, III; Disposition: Bennett's Motion for Additional Time to File Response to State's Objection filed on July 15, 2008, is granted. Smith, C.J., not participating. Order entered.

Devin A. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 12699; Ruling Date: 02/28/2003; Ruling Judge: William Chapman, III; Disposition: Bennett's Motion for Substitution of Exhibits filed December 10, 2007, is granted. Smith, C.J., not participating. Order entered.

Devin A. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 12699; Ruling Date: 02/28/2003; Ruling Judge: William Chapman, III; Disposition: Bennett's Motion to Supplement Petition for Post-Conviction Relief filed June 26, 2008, is granted. Smith, C.J., not participating. Order entered.

Devin A. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 12699; Ruling Date: 02/28/2003; Ruling Judge: William Chapman, III; Disposition: Bennett's Petition for Leave to Seek Post-Conviction Relief is granted in part and denied in part. See Opinion of this Court handed down this date. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Smith, C.J., not participating.

Devin A. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 12699; Ruling Date: 02/28/2003; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, J. Disposition: Petition for Leave to Seek Post-Conviction Relief is granted in part and denied in part. Rankin County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Smith, C.J., not participating.

Jonathan Craig Gray, Individually and on Behalf of all Wrongful Death Beneficiaries of Hughlene Gray, Deceased v. The University of Mississippi School of Medicine and The University of Mississippi Medical Center Hospitals Division of the State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-06-28CIV; Ruling Date: 08/15/2006; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Jonathan Craig Gray is granted. To Grant: Diaz, P.J., Easley, Graves, Dickinson and Randolph, JJ. To Deny: Smith, C.J., Waller, P.J., and Carlson, J. Not Participating: Lamar, J. Order entered.

Patricia A. Sherman v. Mississippi Employment Security Commission; Jackson Circuit Court; LC Case #: CI-2006-00,159(2); Ruling Date: 10/03/2006; Ruling Judge: Kathy Jackson; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only with Separate Written Opinion Joined by Graves, J., and in Part by Easley, J. Concur in result only Opinion: Diaz, P.J. Votes: Graves, J., JoinsThis Opinion. Easley, J., Joins This Opinion in Part.

Marvin Brown v. Southwest Mississippi Regional Medical Center and Jennifer Brown; Pike Circuit Court; LC Case #: 02-221-A; Ruling Date: 10/20/2006; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed by counsel for Marvin Brown is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., Easley and Graves, JJ. Order entered.

Elnorsh Duckworth v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2005-458; Ruling Date: 09/14/2006; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by Elnorsh Duckworth is denied. To Deny: All Justices. Order entered.

In The Matter of the Guardianship of Austin Lane, A Minor: William Bush, M.D. v. Brandy Lane, Natural Parent and Legal Guardian of Austin Lane, A Minor; Rankin Chancery Court; LC Case #: 54240; Ruling Date: 11/10/2006; Ruling Judge: John Grant, III; Disposition: Petition for writ of certiorari filed by William Bush, M.D., is granted. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ. To Deny: Diaz, P.J., Easley and Graves, JJ. Not Participating: Randolph, J. Order entered.

Total Environmental Solutions, Inc. v. Mississippi Public Service Commission; Jackson Chancery Court; LC Case #: 2006-1806-JB; Ruling Date: 03/20/2007; Ruling Judge: Jaye Bradley; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., would grant. Dickinson, J., not participating.