10/02/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2007-CA-01385-SCT

Chasity Nicole Smith Wilburn v. William Haywood Wilburn; Lafayette Chancery Court; LC Case #: 2001-148(A); Ruling Date: 05/31/2007; Ruling Judge: Glenn Alderson; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Lamar, J., not participating.

Henley Timber Company, Charles W. Henley, Individually and d/b/a Henley Timber Company v. Robert Joseph Ponti, Jr.; Hancock Circuit Court; LC Case #: 01-0484; Ruling Date: 07/05/2007; Ruling Judge: Roger Clark; Majority Opinion: Dickinson, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Brieah S. Pigg, Individually and on Behalf of Garrett Kade Pigg, a Minor v. Express Hotel Partners, LLC d/b/a Holiday Inn Express; Clay County Circuit Court; LC Case #: 2005-0218; Ruling Date: 08/01/2007; Ruling Judge: Lee Howard; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Montrell Jordan v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,606; Ruling Date: 02/16/2007; Ruling Judge: Jannie Lewis; Majority Opinion: Graves, J. Disposition: 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., Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Waller, P.J., not participating.

Grace K. Aikens and Joseph W. Aikens v. Dr. Dayton Whites; George Circuit Court; LC Case #: 95-0034(3); Ruling Date: 11/20/2006; Ruling Judge: Dale Harkey; Majority Opinion: Diaz, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Smith, C.J., not participating.

Clarence Douglas Tankersly v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2007-474; Ruling Date: 06/25/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of statutory rape and sentence of thirty (30) years, with conditions, in the custody of the Mississippi Department of Corrections, pay a fine of $5,000.00 and pay $1,000.00 to the Mississippi Children's Trust Fund, Affirmed. Appellant is given credit for 321 days time served. DeSoto County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Antonio Knowles v. State of Mississippi; Quitman Circuit Court; LC Case #: 2007-0002; Ruling Date: 09/13/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in this cause shall run consecutively to any and all sentences previously imposed. Quitman County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Betty Thomas v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-625-CIV-BD; Ruling Date: 10/21/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of Hinds County is Reinstated and Affirmed. Betty Thomas taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ. Waller, P.J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Easley and Graves, JJ., Join This Opinion.

Felicia Wells and Reginald Wells v. James (Marty) Tucker, M.D., Individually and in the Scope of His Employment and/or Agency for Jackson Healthcare for Women, P.A.; Rankin Circuit Court; LC Case #: 2002-20; Ruling Date: 11/14/2005; Ruling Judge: William Chapman, III; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Rankin County Circuit Court is Reinstated and Affirmed. Felicia Wells and Reginald Wells taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Randolph and Lamar, JJ., Concur. Randolph, J., Concurs with Separate Written Opinion Joined by Smith, C.J., and Carlson, J. Diaz, P.J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ.; Dickinson, J. Joins In Part. Dickinson, J., Dissents With Separate Written Opinion Joined by Diaz, P.J.; Graves, J. Joins In Part. Concurring Opinion: Randolph, J. Votes: Smith, C.J., and Carlson, J., Join This Opinion. Dissenting Opinion: Diaz, P.J. Votes: Easley and Graves, JJ., Join This Opinion. Dickinson, J., Joins This Opinion in Part. Dissenting Opinion: Dickinson, J. Votes: Diaz, P.J., Joins This Opinion. Graves, J., Joins This Opinion in Part.

Joseph Glenn Jones a/k/a Joseph G. Jones a/k/a Joseph Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2005-149-KR2; Ruling Date: 06/02/2006; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Joseph Glenn Jones is denied. To Deny: All Justices. Order entered.

Dimple G. Whitaker and Clyde Whitaker v. T & M Foods, Ltd. and Robert Y. Kent; Lee Circuit Court; LC Case #: 01-039(G)L; Ruling Date: 05/26/2006; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. T & M Foods, LTD, and Robert Y. Kent taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only. Dickinson, J., Concurs with Separate Written Opinion Joined in Part by Waller, P.J., Randolph and Lamar, JJ. Easley and Carlson, JJ., not participating. Concurring Opinion: Dickinson, J. Votes: Waller, P.J., Randolph and Lamar, JJ., Join This Opinion in Part.

Ameristar Casino Vicksburg, Inc. v. Jimmy L. Duckworth; Warren Circuit Court; LC Case #: 06,0106-CI; Ruling Date: 10/11/2006; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., would grant. Opinion modified at paragraphs 1, 4 and 11.

Delta Health Group, Inc., Scott J. Bell, Sharon Sauerwein, Nora Segues and Shelby Nursing, Rehabilitation Center f/k/a Chateau Manor Nursing Center and Pensacola Health Trust v. The Estate of Ellen Pope, By and Through James Payne, Individually and as the Personal Representative, for the Use and Benefit of the Estate of Ellen Pope, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Ellen Pope; Bolivar Circuit Court 2nd District; LC Case #: 2004-0094; Ruling Date: 11/30/2006; Ruling Judge: Kenneth Thomas; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ., Concur. Easley, J., Dissents with Separate Written Opinion Joined by Diaz, P.J., and in Part by Graves, J. Dissenting Opinion: Easley, J. Votes: Diaz, P.J., Joins This Opinion. Graves, J., Joins This Opinion in Part.

James Rodgers a/k/a James Walter Rodgers v. State of Mississippi; Lee Circuit Court; LC Case #: CV-04-071(G)L; Ruling Date: 01/30/2007; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by James Rodgers is denied. To Deny: All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Nicki M. Boland; LC Case #: 2006-121; Ruling Date: 10/31/2007; Ruling Judge: Franklin Coleman; Majority Opinion: Randolph, J. Disposition: Former Justice Court Judge Nicki M. Boland, Justice Court Judge for Hinds County, District One, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Hinds County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed a fine of $4,250 and costs of these proceedings in the amount of $3,532.06. Former Justice Court Judge Nicki M. Boland taxed with costs of appeal. Votes: Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Smith, C.J., Waller and Diaz, P.JJ., and Easley, J., not participating.

Mississippi Commission on Judicial Performance v. Edwin L. Pittman, Jr.; LC Case #: 2006-129; Ruling Date: 01/17/2008; 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. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Smith, C.J., and Diaz, P.J., not participating.

Mississippi Commission on Judicial Performance v. Edwin L. Pittman, Jr.; LC Case #: 2006-129; Ruling Date: 01/17/2008; Ruling Judge: Patricia Wise; Majority Opinion: Waller, P.J. Disposition: Judge Edwin L. Pittman, Jr., formerly Municipal Court Judge for Hattiesburg, Mississippi, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Forrest County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed costs in the amount of $100. Former Municipal Court Judge Edwin L. Pittman, Jr., taxed with costs of appeal. Votes: Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Smith, C.J., and Diaz, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Easley, J.

In Re: Petition of Azki Shah for the Reinstatement to the Practice of Law; LC Case #: 2005-BA-951; Ruling Date: 01/04/2007; Disposition: Shah's Petition for Reinstatement to the Practice of Law is denied. See Opinion of this Court handed down this date. Easley, J., not participating.

In Re: Petition of Azki Shah for the Reinstatement to the Practice of Law; LC Case #: 2005-BA-951; Ruling Date: 01/04/2007; Majority Opinion: Randolph, J. Disposition: Shah's Petition for Reinstatement to the Practice of Law is denied. Azki Shah taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Lamar, JJ., Concur. Easley, J., not participating.

The Mississippi Bar v. David Zachary Scruggs; Disposition: Motion for rehearing filed by David Zachary Scruggs is denied. Easley, Graves and Randolph, JJ., would grant.