10/05/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
  2005-CA-01968-SCT

Simeon Johnson, et al. v. 3M f/k/a Minnesota Mining & Manufacturing Company; Holmes Circuit Court; LC Case #: 2000-181; Ruling Date: 10/07/2005; Ruling Judge: Gray Evans; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., not participating.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: On the Court's own motion, the Rules of Continuing Legal Education are amended by the deletion of Rule 7, Sunset Review. To Amend: All Justices. Order entered.

Vickie Balouch v. State of Mississippi; Pike Circuit Court; LC Case #: 02-423-KA; Ruling Date: 02/18/2003; Ruling Judge: Keith Starrett; Disposition: Emergency Petition to Delay Incarceration filed by counsel for Vickie Balouch is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ, Easley and Carlson, JJ. To Remand to Trial Court for Hearing: Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Vickie Balouch v. State of Mississippi; Pike Circuit Court; LC Case #: 02-423-KA; Ruling Date: 02/18/2003; Ruling Judge: Keith Starrett; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of Pike County is Reinstated and Affirmed. Conviction of Placing Out of a Child and Sentence of Three (3) Years, with One (1) Year to serve and Two (2) Years on post-release supervision, in the custody of the Mississippi Department of Corrections, and Payment of a Fine of $1,000.00 and Court Costs, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents with Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Tracy Darnell Moore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 498-03; Ruling Date: 01/30/2004; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by counsel for Tracy Darnell Moore is denied. To Deny: All Justices. Order entered.

Tracy Darnell Moore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 498-03; Ruling Date: 01/30/2004; Ruling Judge: Robert Bailey; Disposition: Petition for certiorari filed pro se by Tracy Darnell Moore is denied. To Deny: All Justices. Order entered.

Kevin Scott v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 10/23/1998; Ruling Judge: Kenneth Thomas; Disposition: Motion for Leave to Proceed in Trial Court with an Application for Post Conviction Relief filed by petitioner is granted in part and denied in part. See Opinion of this Court handed down this date.

Kevin Scott v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 10/23/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Petition for Post Conviction Relief is Granted in Part and Denied in Part. Bolivar County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion.

John B. Herring v. State of Mississippi; Tate Circuit Court; LC Case #: CR2003-160-LT; Ruling Date: 10/25/2004; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by John B. Herring is denied. To Deny: All Justices. Order entered.

Bolivar Leflore Medical Alliance, LLP and Paul E. Warrington, M.D. v. Quinton Williams and Tina Maria Ramiz, Heirs-at-Law and Wrongful Death Beneficiaries of Candis Kenyatta Ramiz, Deceased; Leflore Circuit Court; LC Case #: 2004-0064; Ruling Date: 03/08/2005; Ruling Judge: Richard Smith; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Part and in the Result. Diaz and Graves, JJ., Dissent Without Separate Written Opinion.

Nino A. Bologna, M.D. v. The Estate of Don Wyse, By And Through Nancy Hinyub, Individually And As Personal Representative of The Estate of Don Wyse, And For The Use And Benefit of The Estate And The Wrongful Death Beneficiaries of Don Wyse; Washington Circuit Court; LC Case #: CI 2004-194; Ruling Judge: Richard Smith; Disposition: The stay of proceedings in this Court and in the circuit court, entered on July 19, 2005, is hereby lifted. The petition for interlocutory appeal filed by counsel for Nino A. Bologna, M.D., is granted. This matter is hereby remanded to the Circuit Court of Washington County, Mississippi, for further proceedings consistent with this Order. Respondents are taxed with all costs of this appeal. Diaz, Easley and Graves, JJ., would deny. Waller, P.J., for the Court. Order entered.

David W. Myers v. City of McComb; Pike Circuit Court; LC Case #: 2002-124-B; Ruling Date: 05/13/2005; Ruling Judge: Mike Smith; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Waller, P.J. Diaz, J., not participating. Dissenting Opinion: Graves, J. Votes: Waller, P.J., Joins This Opinion.

Phillip Doolittle, M.D. v. The Estate of Don Wyse, By And Through Nancy Hinyub, Individually And As Personal Representative of The Estate of Don Wyse, And For The Use And Benefit of The Estate And The Wrongful Death Beneficiaries of Don Wyse; Washington Circuit Court; LC Case #: CI-2004-194; Ruling Date: 06/21/2005; Ruling Judge: Richard Smith; Disposition: The stay of proceedings in this Court and in the circuit court, entered on August 17, 2005, is hereby lifted. The petition for interlocutory appeal filed by counsel for Phillip Doolittle, M.D., is granted. This matter is remanded to the Circuit Court of Washington County, Mississippi, for further proceedings consistent with this order. Respondents are taxed with all costs of this appeal. Diaz, Easley and Graves, JJ., would deny. Waller, P.J., for the Court. Order entered.

Microtek Medical, Inc. v. 3M Company; Lowndes Chancery Court; LC Case #: 2003-0906; Ruling Date: 08/31/2005; Ruling Judge: Kenneth Burns; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Graves and Randolph, JJ., Concur. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Cobb, P.J., and Easley, J., not participating. Concurring in Part and Dissenting in Part Opinion: Dickinson, J.

Robert Blair Lee, M.D., Vinita Gulanikar, M.D. and Surgical Anesthesia Associates, P.A. v. Vanessa Banks, Individually, and on Behalf of all the Wrongful Death Beneficiaries of Arthur Lee Banks, Deceased and all Other Who are Entitled to Recover Under the Wrongful Death and Survival Statute; Hinds Circuit Court 1st District; LC Case #: 251-05-552CIV; Ruling Date: 05/22/2006; Ruling Judge: Tomie Green; Disposition: Joint Petition for Interlocutory Appeal filed by counsel for Robert Blair Lee, M.D. and counsel for Vinita Gulanikar, M.D., and Surgical Anesthesia Associates, P.A., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. All proceedings regarding petitioners, in cause number 251-05-882CIV, Circuit Court of Hinds County, are stayed pending this Court's decision in the interlocutory appeal. Diaz and Easley, JJ., would deny. Graves, J., not participating. Order entered.

In Re: Southern Farm Bureau Life Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-05-556(CIV); Ruling Date: 05/22/2006; Ruling Judge: Tomie Green; Disposition: Petition for writ of mandamus filed by counsel for Southern Farm Bureau Life Insurance Company is granted. The following Hinds County Circuit Court cases shall be randomly reassigned pursuant to U.R.C.C.C. Rule 1.05A, excluding the trial judge to which these cases are currently assigned: Joe and Ethel Cooper, Case No. 06-000513; Hannah Hopkins, Case No. 06-000514; Patricia Dianne Lyons, Case No. 06-000515; Frances Freeny, Case No. 06-000516; Allene Williams, individually and on behalf of Prentice Williams, Case No. 06-000517; Patsy Thompson, Case No. 06-000518; Katie and John Paul Morgan, Case No. 06-000519; James Washington, Case No. 06-000520; Roy Hamilton, Case No. 06-000521; Bettie and Paul Brown, Case No. 06-000522; and, Christine Magee, Case No. 06-000523. To Grant; Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant in Part: Easley, J. To Deny: Diaz and Graves, JJ. Order entered.