10/11/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2006-KA-00418-SCT

John A. Williams v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR05-121(A)I; Ruling Date: 02/03/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of manufacture of marijuana greater than thirty (30) grams and sentence of fifteen (15) years, with conditions, in the custody of the Mississippi Department of Corrections, with five (5) years on post release supervision, Affirmed. Count II: 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. Sentence in Count II shall run concurrently with the sentence imposed in Count I. Appellant shall pay a fine of $1500.00, court costs in the amount of $904.50 and restitution of $100.00. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

Douglas Long, Richard Long, Earl Long, and the Heirs at Law of Edward Long, Who Are Joyce Long, Individually, Crystal Long, a Minor, Edward Long, Jr., a Minor, and Christopher Long, a Minor, Who Are All Represented by Their Mother and Natural Guardian, Joyce Long; the Heirs at Law of David Long, Who Are John Colby Long, a Minor, Represented by His Mother and Natural Guardian, Teri Long Scarborough, and Corey Long v. Memorial Hospital at Gulfport and Thomas Vaughan, M.D.; Harrison Circuit Court 1st District; LC Case #: A2401-CI-2002-597; Ruling Date: 04/28/2006; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only. Graves and Randolph, JJ., not participating.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: The March 22, 2001, amendment to Rule 4.02, requiring a deposit of One Thousand Dollars for a complaint filed pursuant to Miss. Code Ann. Section 11-27-81 is repealed. Rule 4.02 shall read as follows, "1. A cost deposit shall be made with the clerk of the court at the time of the filing of the complaint in the amount of $75.00." The Clerk of the Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing for publication in the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Graves, J., not participating. Order entered.

Jackson Medical Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Grace Polles Moore and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 95704CIV; Ruling Date: 07/19/1999; Ruling Judge: Tomie Green; Consolidated with 2005-IA-01833-SCT The Jackson Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Linda P. Henley, Executrix of the Estate of Grace Polles Moore, Deceased, and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 251-95-704CIV; Ruling Date: 09/06/2005; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellees is denied. Graves, J., would grant.

Willie A. Magee a/k/a Jim Dandy v. State of Mississippi; Walthall Circuit Court; LC Case #: 2003-38A; Ruling Date: 01/05/2004; Ruling Judge: Keith Starrett; Disposition: Request for a writ of certiorari filed pro se by Willie A. Magee is denied. To Deny: All Justices. Order entered.

Kathleen Schrock v. Hal Mark Schrock; Pearl River Chancery Court; LC Case #: 99-0473-GN-W; Ruling Date: 08/03/2004; Ruling Judge: Johnny Williams; Disposition: Motion to Award Statutory Appeal Penalty filed by counsel for Hal Mark Schrock is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Dickinson, Randolph and Lamar, JJ. To Grant: Easley and Carlson, JJ. Not Participating: Graves, J. Order entered.

Jerry Fitch, Sr. v. Johnny Valentine; Marshall Circuit Court; LC Case #: M99-380; Ruling Date: 04/12/2005; Ruling Judge: Andrew Howorth; Disposition: Appellant's Motion to Stay Mandate is hereby dismissed. Easley, J., dissents. Graves, J., not participating. Order entered.

The Jackson Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Linda P. Henley, Executrix of the Estate of Grace Polles Moore, Deceased, and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 251-95-704CIV; Ruling Date: 09/06/2005; Ruling Judge: Tomie Green; Consolidated with 1999-IA-01286-SCT Jackson Medical Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Grace Polles Moore and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 95704CIV; Ruling Date: 07/19/1999; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellees is denied. Graves, J., would grant.

O.Tuck Adams, Individually, and as Administrator of the Estate of Mary Jane Adams, Deceased v. Baptist Memorial Hospital-Desoto, Inc., Michael A. Dorrity, M.D., Jolee Rutherford, M.D., Mandalay Resort Group f/k/a Circus Circus Enterprises, Inc., and Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort; Tunica Circuit Court; LC Case #: 2005-0224; Ruling Date: 02/22/2006; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., Easley and Graves, JJ., would grant.

AirTran, Inc., and American Manufacturers Insurance Company v. Pamela Byrd; Harrison Circuit Court 1st District; LC Case #: A2401-2005-244; Ruling Date: 04/04/2006; Ruling Judge: Stephen Simpson; Majority Opinion: Smith, C.J. Disposition: Order Denying Penalties is Vacated. The Judgment of the Court of Appeals is Reversed and Remanded for proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

James B. Yelverton v. Rhonda H. Yelverton; Harrison Chancery Court 1st District; LC Case #: C2401-02-00364(4); Ruling Date: 06/07/2006; Ruling Judge: Carter Bise; Disposition: On the Court's own motion, the appellant's request and the appellee's agreement, this appeal is dismissed. The parties shall bear their own costs. Waller, P.J., for the Court. Order entered.

Richard Birkhead v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-327; Ruling Date: 03/08/2007; Ruling Judge: Margaret Carey-McCray; Disposition: On the Court's own motion, Leigh H. Gray shall, on or before October 31, 2007, show cause, if any she can, why she should not be prohibited from preparing any further transcripts on cases being appealed to this Court, or for any further sanctions deemed appropriate by the Court. Circuit Judge Margaret Carey-McCray and the Mississippi Board of Certified Court Reporters shall, on or before October 31, 2007, file a response with this Court concerning Leigh H. Gray's conduct as court reporter. Graves, J., not participating. Order entered.

In Re: The Matter of Kathleen L. Smiley, Attorney; Disposition: Joint Petition of Kathleen L. Smiley and The Mississippi Bar to Transfer Attorney to Inactive Disability Status, in its present form, is denied. Graves, J., would grant. Lamar, J., for the Court. Order entered.