08/31/2006 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
XX  2003-CT-01686-SCT

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Waller, P.J. Disposition: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Trial Court is Reinstated and Affirmed. Conviction of Two Counts of Armed Robbery and Sentences of Life Imprisonment, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Randolph, JJ., Concur. Dickinson, J., Dissents with Separate Written Opinion Joined by Cobb, P.J., and Diaz, J. Graves, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Cobb, P.J., and Diaz, J., Join This Opinion.

Mark Balius v. Melanie Gaines and Jared Evan Balius, a Minor, by and through His Next Friend, Melanie Gaines; Harrison Chancery Court 2nd District; LC Case #: C 2402-99-01310; Ruling Date: 04/30/2004; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by Mark Balius is denied. To Deny: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves and Dickinson, JJ. To Dismiss: Cobb, P.J., and Randolph, J. Order entered.

Brian Wesley Creel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-00,159(1); Ruling Date: 08/02/2004; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Order entered.

Penelope Ann Payne v. Max D. Whitten; Tate Circuit Court; LC Case #: CV2002-327-B/T; Ruling Date: 06/14/2004; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Max D. Whitten is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Diaz and Easley, JJ. Not Participating: Graves, J. Order entered.

Elizabeth S. McDaniel v. Citizens Bank; Marion Circuit Court; LC Case #: 2003-0324; Ruling Date: 09/03/2004; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Elizabeth S. McDaniel is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Randolph, J. Order entered.

Herman Sipp, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,226(1); Ruling Date: 08/26/2004; Ruling Judge: Robert Krebs; Disposition: Motion for rehearing filed pro se by appellant is denied.

Robert A. Passman v. State of Mississippi; Pike Circuit Court; LC Case #: 04-312-KB; Ruling Date: 10/08/2004; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by Robert Passman is denied. To Deny: All Justices. Order entered.

Delta and Pine Land Company v. Monsanto Company and Pharmacia Corporation; Bolivar Circuit Court 1st District; LC Case #: 2000-0001; Ruling Date: 12/16/2004; Ruling Judge: Larry Lewis; Consolidated with 2005-IA-00015-SCT Delta and Pine Land Company v. Monsanto Company and Pharmacia Corporation; Bolivar Circuit Court 1st District; LC Case #: 2000-0001; Ruling Date: 12/15/2004; Ruling Judge: Larry Lewis; Disposition: Joint motion of the parties to stay the proceedings for 180 days is granted. The proceedings herein are stayed until February 27, 2007. Order entered.

Illinois Central Railroad Company v. Milton McDaniel and Bettye C. McWilliams, Executrix of the Estate of Larry McWilliams, Deceased AND Kelly C. Robinson v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2000-100; Ruling Date: 12/08/2004; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing filed by Illinois Central Railroad Company is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Randolph, J., not participating.

Illinois Central Railroad Company v. Milton McDaniel and Bettye C. McWilliams, Executrix of the Estate of Larry McWilliams, Deceased AND Kelly C. Robinson v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2000-100; Ruling Date: 12/08/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Illinois Central Railroad Company taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Randolph, J., not participating.

Kenneth Cleveland, M.D., and Central Surgical Associates, PLLC v. John Mann and Mark Mann, His Sons, Beneficiaries of John D. Mann, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-319; Ruling Date: 02/23/2005; Ruling Judge: Tomie Green; Disposition: Appellees' Motion for Writ of Mandamus is denied. Order entered.

Kenneth Cleveland, M.D., and Central Surgical Associates, PLLC v. John Mann and Mark Mann, His Sons, Beneficiaries of John D. Mann, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-319; Ruling Date: 02/23/2005; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ.; Randolph, J. Joins In Part. Dissenting Opinion: Diaz, J. Votes: Easley and Graves, JJ., Join This Opinion. Randolph, J., Joins This Opinion in Part.

Patrick O. Rader v. State of Mississippi; Warren Circuit Court; LC Case #: 050010CRP(V); Ruling Date: 03/10/2006; Ruling Judge: Frank Vollor; Disposition: Petition for review of order denying recusal and other relief filed by Patrick O. Rader is denied. To Deny: All Justices. Motion filed by Warren County Circuit Court Judge Frank G. Vollor is dismissed as moot. To Dismiss as Moot: All Justices. Order entered.

Patrick O. Rader v. State of Mississippi; Warren Circuit Court; LC Case #: 050010CRP(V); Ruling Date: 03/10/2006; Ruling Judge: Frank Vollor; Disposition: Petition for review of order denying recusal and other relief filed by Patrick O. Rader is denied. To Deny: All Justices. Motion filed by Warren County Circuit Court Judge Frank G. Vollor is dismissed as moot. To Dismiss as Moot: All Justices. Order entered.