09/17/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2008-CC-01618-SCT

Harold L. Green v. Cleary Water, Sewer & Fire District; Rankin Chancery Court; LC Case #: 57,085; Ruling Date: 09/03/2008; Ruling Judge: Dan Fairly; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Frank L. Schmidt, Sr. and Henry W. Kinney, et al. v. Catholic Diocese of Biloxi, Thomas J. Rodi and Dennis Carver; Harrison Chancery Court 1st District; LC Case #: 07-00978(1); Ruling Date: 02/27/2008; Ruling Judge: Thomas Zebert; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Concurs in Part and in Result With Separate Written Opinion Joined In Part by Pierce, J. Graves, P.J., not participating. Concurring in Part and in Result Opinion: Randolph, J. Votes: Pierce, J., Joins This Opinion in Part.

Eva Ragan Caldwell O'Neal v. Gene Loston O'Neal; DeSoto Chancery Court; LC Case #: 06-08- 147(PL); Ruling Date: 11/19/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., not participating.

Clarris Turner v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0184-CV1; Ruling Date: 05/18/2007; Ruling Judge: Lee Howard; Disposition: Petition for Writ of Certiorari filed by Clarris Turner is denied. To Deny: All Justices. Order entered.

Sharon Davis v. Gary Davis, M.D.; Rankin Chancery Court; LC Case #: 44712; Ruling Date: 05/29/2007; Ruling Judge: John Grant, III; Disposition: Petition for Writ of Certiorari filed by Sharon Davis is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Graves, P.J. Order entered.

Pamela J. Tucker v. Rees-Memphis, Inc. A Corporation and Timesavers, Inc., A Corporation; Alcorn Circuit Court; LC Case #: CV02-170(R)A; Ruling Date: 08/09/2007; Ruling Judge: Paul Funderburk; Disposition: Petition for Writ of Certiorari filed by Pamela J. Tucker is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.

Tony Ames v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0207-CR1; Ruling Date: 08/29/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for Writ of Certiorari filed by Tony Ames is denied. To Deny: All Justices. Order entered.

Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-031-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Consolidated with 2007-CT-02295-SCT Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-032-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Disposition: Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Chandler, JJ. To Grant: Randolph and Pierce, JJ. Order entered.

Johnny Robert Babb v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 06-5-032; Ruling Date: 09/24/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by Johnny Robert Babb is denied. To Deny: All Justices. Order entered.

Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-032-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Consolidated with 2007-CT-02004-SCT Corey Aucoin v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2007-031-LS; Ruling Date: 10/03/2007; Ruling Judge: David Strong, Jr.; Disposition: Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Chandler, JJ. To Grant: Randolph and Pierce, JJ. Order entered.

The Colom Law Firm, LLC and Monique Brooks Montgomery v. Board of Trustees, Columbus Municipal School District in Their Official Capacity and Dunn & Hemphill, P.A.; Lowndes Chancery Court; LC Case #: 2004-1098-B; Ruling Date: 02/07/2008; Ruling Judge: Jon Barnwell; Disposition: Motion for rehearing filed by The Colom Law Firm, LLC, is denied.

Bernita Davis, Administratrix of the Estate of Annie M. Johnson, Deceased v. City of Clarksdale, Mississippi, A Municipal Corporation; Coahoma Circuit Court; LC Case #: CI-14-96-0051; Ruling Date: 07/23/2008; Ruling Judge: Kenneth Thomas; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Mississippi Commission on Judicial Performance v. County Court Judge William Agin; LC Case #: 2008-265; Ruling Date: 05/21/2009; Ruling Judge: Henry Lackey; Disposition: The parties' joint motion for approval of recommendations filed by the Mississippi Commission on Judicial Performance is granted. Judge William Agin, County Court Judge for Madison County, shall be publicly reprimanded in Open Court by the Presiding Judge of the Madison County Circuit Court in which a jury venire is present after this decision becomes final and is assessed costs in the amount of $100.00.

Mississippi Commission on Judicial Performance v. County Court Judge William Agin; LC Case #: 2008-265; Ruling Date: 05/21/2009; Ruling Judge: Henry Lackey; Majority Opinion: Lamar, J. Disposition: Judge William Agin, County Court Judge for Madison County, shall be publicly reprimanded in Open Court by the Presiding Judge of the Madison County Circuit Court on the first day of the next term of that court in which a jury venire is present after the decision becomes final and is assessed costs in the amount of $100.00. County Court Judge William Agin taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.