10/09/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
  2007-KA-01031-SCT

Russell Antonio Thomas v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-04-069; Ruling Date: 03/14/2007; Ruling Judge: Roger Clark; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Count I: Conviction of armed robbery and sentence of thirty-five (35) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of burglary of a dwelling and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Said sentences shall run concurrently for a total of thirty-five (35) years. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Stephen Joseph Delashmit v. State of Mississippi; Lee Circuit Court; LC Case #: CR07-150; Ruling Date: 11/27/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: Count II: Conviction of enticement of a child for sexual purposes and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, as a habitual offender, without the possibility of parole, Affirmed. Lee County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Anthony Croft v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2006-034-CR2; Ruling Date: 06/06/2007; Ruling Judge: Charles Webster; Majority Opinion: Easley, J. Disposition: Count l: Conviction of armed robbery and sentence of twenty-five (25) years, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of armed robbery and sentence of twenty-five (25) years, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of armed robbery and sentence of twenty-five (25) years, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run consecutive to any and all sentences previously imposed. Sentences in Counts IV and V shall run concurrently with the sentence imposed in Count I. Bolivar County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Barnes, Broom, Dallas and McLeod, PLLC v. Estate of Marilyn I. Cappaert, Deceased; Warren Chancery Court; LC Case #: 2003-186PR; Ruling Date: 01/31/2007; Ruling Judge: Vicki Barnes; Majority Opinion: Diaz, P.J. Disposition: Affirmed on Direct Appeal and Cross-Appeal. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves and Lamar, JJ., Concur. Dickinson and Randolph, JJ., not participating.

William G. Scott a/k/a William Scott v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-1-149-00 TTG; Ruling Date: 03/31/2005; Ruling Judge: Tomie Green; Disposition: State's petition for writ of certiorari is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Graves, J. Not Participating: Diaz, P.J. Order entered.

Larry Turner v. State of Mississippi; Washington Circuit Court; LC Case #: CR-2005-031; Ruling Date: 06/20/2005; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed pro se by Larry Turner is dismissed as untimely. M.R.A.P. 17(b). Order entered.

Shirley Smith v. Ameristar Casino Vicksburg, Inc., A Mississippi Corporation; Warren Circuit Court; LC Case #: 04-0009-CI; Ruling Date: 11/10/2005; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by counsel for Shirley Smith is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Easley, J. Order entered.

James Michael Pulido a/k/a Michael James Pulido v. City of Oxford, Mississippi; Lafayette Circuit Court; LC Case #: LK-059 MC; Ruling Date: 07/28/2006; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari for review of the decision of the Court of Appeals of the State of Mississippi filed by counsel for James Michael Pulido is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Gregory Deon Jones v. State of Mississippi; Rankin Circuit Court; LC Case #: 17318; Ruling Date: 08/14/2006; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed pro se by Gregory Deon Jones is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Dismiss as Untimely: Graves, J. Order entered.

Willie Lee Madden, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2005-87; Ruling Date: 12/30/2006; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Willie Lee Madden, Jr., is denied. To Deny: All Justices. Order entered.

Wayne Gilpatrick v. State of Mississippi; Rankin Circuit Court; LC Case #: 17,526; Ruling Date: 10/17/2006; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by appellant is denied.

Ralph Brown and Lora Brown v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2003-258; Ruling Date: 04/25/2007; Ruling Judge: Richard Smith; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Lamar, J., not participating.

Howard Dean Goodin a/k/a Howard D. Gooden a/k/a Howard Dean Goodin v. State of Mississippi; Newton Circuit Court; LC Case #: 99-CR-0002-NW-G; Ruling Date: 10/13/2004; Ruling Judge: Marcus Gordon; Disposition: Motion to Reconsider the Motion to Allow the Filing of a Supplemental Brief or Motion for Compliance with Order of Remand with Exhibits filed by appellant is granted in part. Appellant's supplemental brief will be due with this Court on November 18, 2008. Appellee's supplemental brief will be due on December 18, 2008. Appellant's supplemental reply brief will be due on January 5, 2009. Order entered.

Frank E. Figueroa v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2005-00090; Ruling Date: 06/29/2007; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by Frank E. Figueroa is dismissed. To Dismiss: All Justices. Order entered.

Edward S. Ballard v. Commercial Bank of DeKalb; Chickasaw Chancery Court 2nd District; LC Case #: 2004-0058-2-B; Ruling Date: 07/05/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

William N. Reed v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 05/27/2008; Ruling Judge: Tomie Green; Disposition: William N. Reed's Petition for Interlocutory Appeal 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. Easley and Graves, JJ., would deny. Order entered.

Vincent Pachel and Katrina T. Pachel v. Kent Killegrew; Harrison Circuit Court 1st District; LC Case #: A2401-07-146; Ruling Date: 06/18/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for interlocutory appeal and supporting brief filed by counsel for the Pachels is denied. To Deny: Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Randolph, J. Not Participating: Smith, C.J., and Easley, J. Order entered.