09/22/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2004-KA-00437-SCT

Yildirim Errol Ali v. State of Mississippi; Hancock Circuit Court; LC Case #: 03-0049; Ruling Date: 12/11/2003; Ruling Judge: Robert Walker; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Hancock County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Christopher A. Ferrara v. Nancy S. Walters and Dennis R. Strong; Harrison Chancery Court 2nd District; LC Case #: C2402-01-171; Ruling Date: 09/12/2003; Ruling Judge: Carter Bise; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Diaz and Dickinson, JJ., not participating.

Robert L. Yarbrough v. State of Mississippi; Neshoba Circuit Court; LC Case #: 02-CR-154-NS-G; Ruling Date: 03/11/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Graves, J. Disposition: Conviction of Sale of Cocaine and Sentence of Eighteen (18) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Gregory Marquise Willis v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2003-444-RD; Ruling Date: 02/27/2004; Ruling Judge: George Ready; Majority Opinion: Graves, J. Disposition: Count I: Conviction of Conspiracy to Commit Robbery and Sentence of Five (5) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Robbery with a Deadly Weapon and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, with conditions, Affirmed. Sentence in Count I shall be served concurrently with sentence in Count II. Appellant is given credit for 338 days time served. DeSoto County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Willie Rushing v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2003-0489-CR1; Ruling Date: 12/03/2003; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlson, J. Disposition: Conviction of Three (3) Counts of Prescription Forgery and Sentence of Ten (10) Years for each Count in the Custody of the Mississippi Department of Corrections, pay a fine of $1,000 for each count and all costs of court for each count, Affirmed. Sentences shall run consecutively. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Stephen Virgil McGilberry v. State of Mississippi; Jackson Circuit Court; LC Case #: 9410614; Ruling Date: 02/12/1996; Ruling Judge: James Backstrom; Disposition: State's Expedited Motion to Remand for the Imposition of Sentences of Less than Death Pursuant to Roper v. Simmons is granted. This matter is hereby remanded to the Circuit Court of Jackson County with instructions that it re-sentence Stephen Virgil McGilberry to life imprisonment without parole for each of the four convictions of capital murder and with the circuit court to determine whether such sentences shall run consecutively or concurrently. Diaz, J., not participating. Order entered.

Melvin Darnell Ransom v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-017; Ruling Date: 08/15/2000; Ruling Judge: L. Hilburn, ; Majority Opinion: Easley, J. Disposition: The Judgment of the Court of Appeals is Reversed. Conviction of Strong Arm Robbery and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant shall receive credit for time served in this cause. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., and Carlson, J., Concur. Cobb, P.J., Concurs in Result Only. Dickinson, J., Dissents with Separate Written Opinion Joined by Graves and Randolph, JJ. Diaz, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Graves and Randolph, JJ., Join This Opinion.

Jerald D. McKinley v. The Lamar Bank, James S. Welch, Jr., and George Gunter; Lamar Circuit Court; LC Case #: 2001-166; Ruling Date: 10/29/2002; Ruling Judge: Michael Eubanks; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Lamar County Circuit Court is Reinstated and Affirmed. Jerald D. McKinley taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Kenneth Wayne Herrington, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 797-02; Ruling Date: 04/09/2003; Ruling Judge: Larry Roberts; Disposition: Petition for Writ of Certiorari to the Court of Appeals filed by counsel for Kenneth Wayne Herrington, Jr., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered

Robert Lee Tyler, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2002-391RD; Ruling Date: 07/17/2003; Ruling Judge: George Ready; Disposition: Petition for Writ of Certiorari filed by counsel for Robert Lee Tyler, Jr., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Othnel Jones a/k/a Ott Jones v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-040-LE-G; Ruling Date: 09/03/2003; Ruling Judge: Marcus Gordon; Disposition: Petition for Writ of Certiorari filed by Othnel Jones is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: Motion for Recusal of Justice Chuck Easley filed by counsel for Michelle Byrom is denied. Diaz, J., not participating. Order entered

Deborah D. Jacobs v. Willie Jacobs; Harrison Chancery Court 2nd District; LC Case #: C2404-95-577; Ruling Date: 10/17/2003; Ruling Judge: Carter Bise; Disposition: Motion to Stay Mandate filed pro se by Deborah Jacobs is dismissed as moot. Petition for Writ of Certiorari filed pro se by Deborah Jacobs is dismissed. M.R.A.P. 17(b). Order entered.

Deborah D. Jacobs v. Willie Jacobs; Harrison Chancery Court 2nd District; LC Case #: C2404-95-577; Ruling Date: 10/17/2003; Ruling Judge: Carter Bise; Disposition: Motion to Stay Mandate filed pro se by Deborah Jacobs is dismissed as moot. Petition for Writ of Certiorari filed pro se by Deborah Jacobs is dismissed. M.R.A.P. 17(b). Order entered.

Ernesto Ignacio Sanchez a/k/a Ernesto Sanchez v. State of Mississippi; Rankin Circuit Court; LC Case #: 98-113; Ruling Date: 12/16/2003; Ruling Judge: Samac Richardson; Disposition: Petition for Writ of Certiorari filed pro se by Ernesto Ignacio Sanchez is dismissed. M.R.A.P. 17(b). Order entered.

Leroy Lynch v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 06/05/1998; Ruling Judge: Kenneth Thomas; Disposition: Motion for Recusal of Justice Chuck Easley filed by counsel for Leroy Lynch is denied. Diaz, J., not participating. Order entered.

Vicksburg Partners, L.P., Bond, Johnson and Bond, Inc., Magnolia Management Corporation, Magnolia Management Services of Mississippi, Inc., Joe Bannon, George T. Johnson and Peggy Mingee v. Angela Stephens, Individually and as Administratrix of the Estate of Leroy Taylor; Warren Circuit Court; LC Case #: 02-0212-CI-P; Ruling Date: 05/04/2004; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

David Lee Barnes v. State of Mississippi; Covington Circuit Court; LC Case #: 2001-51K; Ruling Date: 07/19/2004; Ruling Judge: Robert Evans; Disposition: Petition for Writ of Certiorari filed pro se by David Lee Barnes is dismissed without prejudice. Order entered.

Edgar Ray Killen v. State of Mississippi; Neshoba Circuit Court; LC Case #: 05-CR-0006-NS-G; Ruling Date: 06/23/2005; Ruling Judge: Marcus Gordon; Disposition: Emergency Petition for Extraordinary Remedial Writ to Revoke Bail or, Alternatively, for Writ of Mandamus to Revoke Bail, Until Such Time that the Supreme Court can Review the Lower Court's Granting of Bail Pending Appeal filed by the State of Mississippi is dismissed as moot. Motion of the Trial Court to Hold in Abeyance the Application for Extraordinary Remedial Writ filed by Judge Marcus Gordon is dismissed as moot. Diaz, J., not participating. Order entered.