10/04/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2006-KA-01281-SCT

Willie Albert Lett a/k/a Chubby v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,133; Ruling Date: 06/02/2006; Ruling Judge: Robert Krebs; Majority Opinion: Randolph, J. Disposition: Count I in Cause No. 2004-10,133: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, and five (5) years on post release supervision, with conditions, Affirmed. Count II in Cause No. 2004-10,133: Conviction of kidnapping and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, and five (5) years on post release supervision, with conditions, Affirmed. Count III in Cause No. 2004-10,133: Conviction of obstruction of justice and sentence of two (2) years in the custody of the Mississippi Department of Corrections, Affirmed. Cause No. 2004-10,134: Conviction of possession of a weapon by a convicted felon and sentence of three (3) years in the custody of the Mississippi Department of Corrections, Affirmed. Count I in Cause No. 2004-10,479: Conviction of armed robbery and sentence of fifteen (15) years, day for day, in the custody of the Mississippi Department of Corrections, and five (5) years on post release supervision, with conditions, Affirmed. Count II in Cause No. 2004-10,479: Conviction of grand larceny and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Cause No. 2004-10,860: Conviction of burglary of a dwelling and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, and five (5) years on post release supervision, with conditions, Affirmed. All sentences in all causes and counts shall run concurrently. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ., Concur.

Monica Lyn Juarez and James David Larabel v. State of Mississippi; Neshoba Circuit Court; LC Case #: 06-CR-0046-NS-G; Ruling Date: 08/24/2006; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: MONICA LYN JUAREZ: Conviction of possession of more than 30 grams of marijuana and sentence of two (2) years in the custody of the Mississippi Department of Corrections, Affirmed. Upon serving one (1) year the remaining year is suspended, and Juarez is placed on three (3) years post release supervision, pay a fine of fifteen hundred dollars ($1500.00), and all costs of court. JAMES DAVID LARABEL: Conviction of possession of more than 30 grams of marijuana and sentence of three (3) years in the custody of the Mississippi Department of Corrections, pay a fine of fifteen hundred dollars ($1500.00), and all costs of court, Affirmed. Neshoba County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Progressive Gulf Insurance Company v. Dickerson and Bowen, Inc., and Travelers Indemnity Company of Illinois; Holmes Circuit Court; LC Case #: 2003-436; Ruling Date: 06/28/2006; Ruling Judge: Jannie Lewis; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ., Concur. Randolph, J., Concurs in Part and in Result. Graves, J., Dissents Without Separate Written Opinion.

Choctaw, Inc., et al. v. Campbell-Cherry-Harrison-Davis and Dove; Noxubee Circuit Court; LC Case #: 2002-430; Ruling Date: 08/17/2006; Ruling Judge: Lee Howard; Consolidated with 2006-CA-01625-SCT Choctaw, Inc., et al. v. Campbell-Cherry-Harrison-Davis and Dove; Noxubee Circuit Court; LC Case #: 2002-429; Ruling Date: 08/17/2006; Ruling Judge: Lee Howard; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Consolidated with 2006-CA-00432-SCT Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: 03-090(G)1; Ruling Date: 02/15/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Randolph, J. Disposition: Case No. 2002-DP-00282-SCT: Count I: Conviction of Capital Murder and Sentence of Death, Affirmed. Count II: Conviction of Rape and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence to run consecutive to all other sentences imposed. Count III: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence to run consecutive to all other sentences imposed. Count IV: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence to run consecutive to all other sentences imposed. Count V: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence to run consecutive to all other sentences imposed. Count VI: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence to run consecutive to all other sentences imposed. Case No. 2006-CA-00432-SCT: Petition for Post-Conviction Relief, denied. Itawamba County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Johnny Larond Plummer a/k/a Ron Plummer v. State of Mississippi; Clarke Circuit Court; LC Case #: 2004-164(R); Ruling Date: 06/14/2005; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed pro se by Johnny Plummer is denied. To Deny: All Justices. Order entered.

June H. McMurphy v. Three Rivers Planning and Development District, Inc.; Pontotoc Chancery Court; LC Case #: 2004-0302-58-M; Ruling Date: 10/18/2005; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by June H. McMurphy is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ. To Grant: Diaz, P.J., and Randolph, J. Not Participating: Graves, J. Order entered.

Lanikia Smith, by Her Next Friend, Bettie Smith; Camille Carter, by Her Next Friend, LaReatha Carter; Amory School District and Amory School District Board of Trustees v. Charles Clement d/b/a M & W Butane Gas Company, Inc.; Monroe Circuit Court; LC Case #: 96-049-PFM; Ruling Date: 10/26/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Diaz, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Easley and Graves, JJ., Concur. Randolph, J., Concurs in Part and in Result. Smith, C.J., Dissents With Separate Written Opinion Joined by Carlson, Dickinson and Lamar, JJ. Dissenting Opinion: Smith, C.J. Votes: Carlson, Dickinson and Lamar, JJ., Join This Opinion.

Raymond L. Moore a/k/a Raymond Lewayne Moore v. State of Mississippi; Leake Circuit Court; LC Case #: 05-CR-058-LE-G; Ruling Date: 01/13/2006; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed pro se by Raymond L. Moore is dismissed. M.R.A.P. 17(b). Order entered.

Sammie Johnson a/k/a Sammie Lee Johnson v. State of Mississippi; Marshall Circuit Court; LC Case #: M2003-540; Ruling Date: 12/02/2005; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed pro se by Sammie Johnson is dismissed. M.R.A.P. 17(b). Order entered.

In Re: Arthur Sanders Young; Lauderdale Circuit Court; LC Case #: 221-07; Ruling Date: 08/17/2007; Ruling Judge: Marcus Gordon; Disposition: Emergency Petition for En Banc Consideration and Hearing with Oral Argument filed by Arthur Sanders Young is denied. Motion for Stay Pending Ruling on Emergency Petition for En Banc Reconsideration and Hearing with Oral Argument is dismissed. To Deny the Motion for Reconsideration and Dismiss the Motion for Stay: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ. To Grant the Motion to Stay and call for a response: Graves, J. Not Participating: Easley and Dickinson, JJ. Order entered.

In Re: Arthur Sanders Young; Lauderdale Circuit Court; LC Case #: 221-07; Ruling Date: 08/17/2007; Ruling Judge: Marcus Gordon; Disposition: Emergency Petition for En Banc Consideration and Hearing with Oral Argument filed by Arthur Sanders Young is denied. Motion for Stay Pending Ruling on Emergency Petition for En Banc Reconsideration and Hearing with Oral Argument is dismissed. To Deny the Motion for Reconsideration and Dismiss the Motion for Stay: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ. To Grant the Motion to Stay and call for a response: Graves, J. Not Participating: Easley and Dickinson, JJ. Order entered.