09/18/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2007-KA-00427-SCT

Zacharise Page a/k/a Zackerise Page v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2005-56-KR2B; Ruling Date: 05/23/2006; Ruling Judge: Billy Landrum; Majority Opinion: Dickinson, J. Disposition: Count I: Conviction of conspiracy to commit a drive by shooting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count l shall run consecutively with the sentence in Count lll. Count II: Conviction of drive by shooting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count ll shall run consecutively with sentence in Count I. Count III: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Kelly Diane (Harper) Rimmer v. Stephen Craig Harper; DeSoto Chancery Court; LC Case #: 01-3-465 B; Ruling Date: 07/16/2007; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition to Amend Regulation 3.3 of the Mississippi Rules for Mandatory Continuing Legal Education filed by the Mississippi Commission on Continuing Legal Education is granted. Regulation 3.3 of the Mandatory Rules of Continuing Legal Education is amended, effective August 1, 2008, as set forth in Exhibit A attached to the order. The Clerk of this Court shall enter this order on the minutes of the Court and that a true certified copy be forwarded to West Publishing Company for publication in the Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Order entered.

Earl Childs, Lori Gordon, Amelia Killeen, David Wheeler and Maria Beard v. Hancock County Board of Supervisors, Paradise Properties Group, L.L.C. and Kudo Developers of Mississippi, L.L.C.; Hancock Circuit Court; LC Case #: 2005-174; Ruling Date: 03/10/2006; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by counsel for the Hancock County Board of Supervisors is granted. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Graves, J. Order entered.

Amanda J. (Grassell) Bermudez Schmidt v. Brian S. Bermudez; Marshall Chancery Court; LC Case #: 03-303(A); Ruling Date: 03/31/2006; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by Amanda J. (Grassell) Bermudez Schmidt is granted. To Grant: Smith, C.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Waller and Diaz, P.JJ. Not Participating: Easley and Graves, JJ. Order entered.

Milton Cecil Watts v. Radiator Specialty Company and United States Steel Corporation; Smith Circuit Court; LC Case #: 2002-364; Ruling Date: 06/09/2006; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., Easley and Graves, JJ., would grant. Randolph, J., not participating.

Charlie Doyle Wimley, Individually and on behalf of all Wrongful Death Beneficiaries of Jeanette Doyle, Deceased v. Bill Reid; Leflore Circuit Court; LC Case #: 2005-0020; Ruling Date: 04/02/2007; Ruling Judge: W. Hines; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Carlson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only. Graves, J., Concurs in Part. Easley, J., Concurs in Part and in Result Only. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Carlson, Dickinson and Lamar, JJ. Waller, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined in Part by Diaz, P.J., Easley and Graves, JJ. Specially Concurring Opinion: Randolph, J. Votes: Smith, C.J., Carlson, Dickinson and Lamar, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Waller, P.J. Votes: Diaz, P.J., Easley and Graves, JJ., Join This Opinion in Part.

DeSoto Times Today v. Memphis Publishing Company ; DeSoto Circuit Court; LC Case #: CV2002-0263BD; Ruling Date: 07/13/2007; Ruling Judge: Andrew Baker; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only. Easley, J., Dissents Without Separate Written Opinion.

Ricky Smith v. Jackson State University, JSU, Department of Finance & Administration and Secretary of State; Hinds Chancery Court 1st District; LC Case #: G2006-2090 R/1; Ruling Date: 08/08/2007; Ruling Judge: J. Thomas; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., not participating.

Joe Gregory Stewart v. The Mississippi Bar; LC Case #: 2004-BD-755; Ruling Date: 09/02/2004; Disposition: Petition for Reinstatement to the Practice of Law Denied. See Opinion of this Court handed down this date. Diaz, P.J., Dickinson and Graves, JJ., would grant. Easley, J., not participating.

Joe Gregory Stewart v. The Mississippi Bar; LC Case #: 2004-BD-755; Ruling Date: 09/02/2004; Majority Opinion: Waller, P.J. Disposition: Petition for Reinstatement to the Practice of Law Denied. Joe Gregory Stewart taxed with costs of appeal. Votes: Smith, C.J., Carlson, Randolph and Lamar, JJ., Concur. Dickinson, J., Dissents with Separate Written Opinion Joined by Diaz, P.J., and Graves, J. Easley, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Diaz, P.J., and Graves, J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Pat Carr; LC Case #: 2007-123/139; Ruling Date: 05/27/2008; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted. See Opinion of this Court handed down this date. Diaz, P.J., and Easley, J., not participating.

Mississippi Commission on Judicial Performance v. Pat Carr; LC Case #: 2007-123/139; Ruling Date: 05/27/2008; Ruling Judge: Patricia Wise; Majority Opinion: Carlson, J. Disposition: Lee County Justice Court Judge Pat Carr shall be publicly reprimanded; suspended from the offices of Justice Court Judge, District One, Lee County, and Municipal Judge for the Cities of Guntown and Saltillo for a period of sixty (60) days without pay; and assessed a fine of $2,000 plus costs of $100. The public reprimand shall be read in open court by the presiding judge of the Lee County Circuit Court on the first day of the next term of that court in which a jury venire is present after this decision becomes final. Lee County Justice Court Judge Pat Carr taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., and Easley, J., not participating.