09/28/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2005-CA-00102-SCT

Dedeaux Utility Company, Inc. v. The City of Gulfport, Mississippi, a Municipal Corporation; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-96-01102; Ruling Date: 12/13/2004; Ruling Judge: T. Wilson; Majority Opinion: Waller, P.J. Disposition: On Direct and Cross-Appeal: Reversed and Remanded. Appellant and appellee taxed equally with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Dickinson, J., not participating.

Timothy Roach a/k/a Timothy K. Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-385; Ruling Date: 10/12/2000; Ruling Judge: James Graves, Jr.; Disposition: Petition for writ of certiorari filed pro se by Timothy Roach is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Graves, J. Order entered.

Thomas A. Blanton, Individually, and as Derivative of Flexlink LLC, and T. Lee Horne, III, Individually, and as Horne Partnership v. Jenelle C. Prins and Bradley, Curley, Asiano & McCarthy; Forrest Chancery Court; LC Case #: 99-0100 GN-D; Ruling Date: 07/29/2002; Ruling Judge: Sebe Dale, Jr.; Disposition: Petition for writ of certiorari filed by Thomas A. Blanton is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Dickinson, JJ. To Grant: Easley and Graves, JJ. Not Participating: Randolph, J. Order entered.

Thomas A. Blanton, Individually, and as Derivative of Flexlink LLC, and T. Lee Horne, III, Individually, and as Horne Partnership v. Jenelle C. Prins and Bradley, Curley, Asiano & McCarthy; Forrest Chancery Court; LC Case #: 99-0100 GN-D; Ruling Date: 07/29/2002; Ruling Judge: Sebe Dale, Jr.; Disposition: Petition for writ of certiorari filed by T. Lee Horne is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Dickinson, JJ. To Grant: Easley and Graves, JJ. Not Participating: Randolph, J. Order entered.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for petitioner is denied. See Opinion of this Court handed down this date. Easley, J., not participating.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Majority Opinion: Waller, P.J. Disposition: Petition for Post Conviction Relief, Denied. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Dickinson, J., Concurs With Separate Written Opinion, Joined by Cobb, P.J.; Smith, C. J., Waller, P.J. Carlson and Randolph, JJ., Join In Part. Graves, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Diaz, J. Easley, J., not participating. Concurring Opinion: Dickinson, J. Votes: Cobb, P.J., Joins This Opinion. Smith, C. J., Waller, P.J., Carlson and Randolph, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion.

Samuel Shaw a/k/a Samuel N. Shaw v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-127; Ruling Date: 06/29/2004; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for the State of Mississippi is denied. To Deny: Diaz and Graves, JJ. To Grant: Easley, Dickinson and Randolph, JJ. Not Participating: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J. Order entered.

Bruce Padgett v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2004-0402P-PC; Ruling Date: 08/23/2004; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed pro se by Bruce Padgett is denied. To Deny: All Justices. Order entered.

Rhonda M. Rogers v. Allstate Insurance Company; Harrison Circuit Court 2nd District; LC Case #: A2402-1999-00220; Ruling Date: 09/07/2004; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by counsel for Rhonda M. Rogers is denied. To Deny: All Justices. Order entered.

Henry Clay Lewis v. State of Mississippi; Jackson Circuit Court; LC Case #: CI-2004-00,369(2)(1); Ruling Date: 01/10/2005; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed pro se by Henry Clay Lewis is denied. To Deny: All Justices. Order entered.

Joe Files, M.D., and Richard DeShazo, M.D., Individually and as Physicians, Owners, Members, Shareholders and Agents of Medical Assurance Company v. Stanley Houston Marshall , Individually and as Executor of the Estate of Helen Beckwith, Deceased, and on Behalf of All Wrongful Death Beneficiaries; Hinds Circuit Court 1st District; LC Case #: 251-02-5CIV; Ruling Date: 03/07/2005; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by appellants was granted by order of this Court on April 27, 2005. On the Court's own motion, the Court finds the petition was improvidently granted and is dismissed. To Dismiss: Cobb, P.J., Diaz, Easley, Carlson and Graves, JJ. To Not Dismiss: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ. Cobb, P.J., for the Court. Order entered.

In Re: V.M.S., a Minor; Lowndes Youth Court; LC Case #: 00-0740-Y2; Ruling Date: 01/12/2005; Ruling Judge: Beverley Franklin; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Easley and Graves, JJ., not participating.

Tiffany Heard v. Keith Remy; Oktibbeha Circuit Court; LC Case #: 2004-0497-CV; Ruling Date: 07/05/2005; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant.

Renal Care Group; Clarksdale HMA, Inc., d/b/a Northwest Regional Medical Center; Dr. Karl Hatten and Dr. Whitman B. Johnson v. Tonya Parson, Administratrix of the Estate of Willis T. Drennon, Deceased; Coahoma Circuit Court; LC Case #: 14CI-03-0060; Ruling Date: 05/16/2006; Ruling Judge: Albert Smith, III; Disposition: Petition for interlocutory appeal filed by petitioners is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Graves, J. Order entered.