10/12/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
  2005-KA-00922-SCT

Sammy Robinson a/k/a Sammy L. Robinson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-727; Ruling Date: 03/25/2004; Ruling Judge: W. Yerger; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur.

Milton L. McLendon v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2005-121-B; Ruling Date: 05/18/2005; Ruling Judge: Robert Bailey; Majority Opinion: Carlson, J. Disposition: Conviction of DUI, First Offense, and Payment of a Fine of $500.00 plus Court Costs of $190.50, for a total of $690.50, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Cobb, P.J., not participating.

Michael Townsend v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2004-11; Ruling Date: 05/31/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Aggravated Assault and Sentence of Sixteen (16) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: 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 I shall run concurrently with the sentence in Count III. Claiborne County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

Ricky Palmer v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR03-212; Ruling Date: 12/03/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Cobb, P.J. Disposition: Count I: Conviction of Sale of Methadone and Sentence of Thirty (30) Years, with Twenty (20) Years of said sentence being suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run consecutively with the sentences in Counts II and III. Count II: Conviction of Sale of Morphine and Sentence of Thirty (30) Years, with Twenty (20) Years of said sentence being suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with the sentences in Counts I and III. Count III: Conviction of Sale of Methadone and Sentence of Thirty (30) Years, with Twenty (20) Years of said sentence being suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count III shall run consecutively with the sentences in Courts I and II. Pontotoc County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

Mark Stewart Quarles v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 04-05-025; Ruling Date: 03/25/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of Manslaughter and Sentence of Twenty (20) Years, with Ten (10) Years to Serve, Ten (10) Years Suspended and Five (5) Years to Serve on Post-Release Probation, in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Bobby Glen Wilcher a/k/a Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3707; Ruling Date: 06/23/1994; Ruling Judge: Marcus Gordon; Disposition: State's Motion to Reset Execution Date is granted. Wednesday, October 18, 2006, is hereby set as the date for execution of Bobby Glen Wilcher in the manner provided by law. The punishment shall be inflicted at 6:00 p.m. on October 18, 2006, or as soon as possible thereafter within the next twenty-four (24) hours pursuant to Miss. Code Ann., Sec. 99-19-55(1). This order shall serve as the warrant of execution of Bobby Glen Wilcher. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Diaz, J. Order entered.

Bobby Glen Wilcher a/k/a Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3707; Ruling Date: 06/23/1994; Ruling Judge: Marcus Gordon; Disposition: State's Motion to Reset Execution Date is granted. Wednesday, October 18, 2006, is set as the date for execution of Bobby Glen Wilcher, in the manner provided by law. The punishment shall be inflicted at 6:00 p.m. on October 18, 2006, or as soon as possible within the next twenty-four (24) hours pursuant to Miss. Code Ann., Sec. 99-19-55(1). This order shall serve as the warrant of execution of Bobby Glen Wilcher. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Diaz, J. Order entered.

Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3708; Ruling Date: 07/21/1994; Ruling Judge: Marcus Gordon; Disposition: State's Motion to Reset Execution Date is granted. Wednesday, October 18, 2006, is hereby set as the date for execution of Bobby Glen Wilcher in the manner provided by law. The punishment shall be inflicted at 6:00 p.m. on October 18, 2006, or as soon as possible thereafter within the next twenty-four (24) hours pursuant to Miss. Code Ann., Sec. 99-19-55(1). This order shall serve as the warrant of execution of Bobby Glen Wilcher. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Diaz, J. Order entered.

Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3708; Ruling Date: 07/21/1994; Ruling Judge: Marcus Gordon; Disposition: State's Motion to Reset Execution Date is granted. Wednesday, October 18, 2006, is set as the date for execution of Bobby Glen Wilcher, in the manner provided by law. The punishment shall be inflicted at 6:00 p.m. on October 18, 2006, or as soon as possible within the next twenty-four (24) hours pursuant to Miss. Code Ann., Sec. 99-19-55(1). This order shall serve as the warrant of execution of Bobby Glen Wilcher. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Diaz, J. Order entered.

Mack Trucks, Inc. and Cummins Engine Company, Inc. v. Bobbi Tackett, Wrongful Death Beneficiary of Tony Joe Murphree; Lee Circuit Court; LC Case #: 95138 ; Ruling Date: 11/26/1997; Ruling Judge: Barry Ford; Disposition: Motion to Amend Mandate to Assess Penalty filed by Appellee is denied. Easley, J., would grant. Diaz, J., not participating. Order entered.

Bayview Land, Ltd., a Nevada Corporation, and Imperial Palace of Mississippi, Inc., a Nevada Corporation; Treasure Bay LLC, June S. Mladinich and Mladinich Family Limited Partnership v. State of Mississippi by and through Eric Clark in His Official Capacity as Secretary of State as Trustee of Public Tidelands Trust; Tal Flurry, Individually and in His Official Capacity as Tax Assessor of Harrison County, Mississippi; David V. Larosa, Sr., in His Official Capacity as Tax Collector of Harrison County, Mississippi; the Board of Supervisors of Harrison County, Mississippi in Their Official Capacity; City of Biloxi, Mississippi, and the Biloxi Municipal Separate School District; Harrison Chancery Court 2nd District; LC Case #: C2402-98-389; Ruling Date: 06/22/2004; Ruling Judge: Donald Patterson; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Graves and Randolph, JJ., Concur. Dickinson, J., not participating.

Katrina Watson v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-109; Ruling Date: 07/27/2004; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by counsel for Katrina Watson is denied. To Deny: All Justices. Order entered.

Stacey Carter, Donnell Baylous, Bessie Y. Baylous, Jerry Harmon, Tina Harmon, Walter Henderson, Yumeka Henderson, Wannis D. Siddell and Delores Siddell v. Citigroup Inc., Citifinancial Mortgage Company, Inc., Associates Financial Life Insurance Company and American Health and Life Insurance Company; Hinds Circuit Court 2nd District; LC Case #: 02-34; Ruling Date: 12/20/2004; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Rehearing filed by appellants is denied. Diaz and Graves, JJ., would grant. Randolph, J., not participating.

Lift-All Company, Inc. v. Kenneth Daniel Warner; Adams Circuit Court; LC Case #: 02KV0070(S); Ruling Date: 01/06/2005; Ruling Judge: Lillie Sanders; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Easley and Dickinson, JJ., Concur. Randolph, J., Concurs in Part and in the Result Without Separate Written Opinion. Cobb, P.J., Concurs in Result Only. Carlson, J., Dissents with Separate Written Opinion Joined by Diaz and Graves, JJ. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, J.; Carlson, J., Joins in Part. Dissenting Opinion: Carlson, J. Votes: Diaz and Graves, JJ., Join This Opinion. Dissenting Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion. Carlson, J., Joins This Opinion in Part.

Illinois Central Railroad Company v. Phillip Acuff, Charles W. Brown, William Carlisle, James M. Carpenter, Lamar Clark, C. H. Cobb, Hubert Deer, William R. Johnston, Dan C. Jones, Clythus Mason, Charlie E. McNeil, Johnny W. Mitchell, York Sit, Charles R. Warren, Lester Ray Warren, and Willie Woodberry AND James Expose v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2001-65; Ruling Date: 12/06/2004; Ruling Judge: Lamar Pickard; Disposition: Motion for Rehearing filed by Illinois Central Railroad Company is denied. Randolph, J., not participating.

Beverly Enterprises-Mississippi, Inc. d/b/a Beverly Healthcare-Eason Boulevard and Beverly Healthcare Tupelo and Beverly Health and Rehabilitation Services, Inc. v. Delores Crump, as Conservator of Jonathan Dillard; Hinds Circuit Court 1st District; LC Case #: 251-04-943 CIV; Ruling Date: 02/22/2005; Ruling Judge: Bobby DeLaughter; Disposition: The stay of proceedings in this Court and in the circuit court, entered on June 30, 2005, is lifted. Petition for Permission to Appeal Interlocutory Order filed by counsel for petitioners is granted. This matter is remanded to the Circuit Court of Hinds County, Mississippi for further proceedings consistent with this Order. The respondent, Delores Crump, is taxed with all costs of this appeal. Diaz, Easley and Graves, JJ., would deny. Waller, P.J., for the Court. Order entered.

Dorothy Rose, Administratrix of the Estate of Kimberly Rose, Deceased v. Dr. N. A. Bologna and Dr. John A. Marascalco; Bolivar Circuit Court 2nd District; LC Case #: 2004-0125; Ruling Date: 07/14/2005; Ruling Judge: Larry Lewis; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

In the Matter of the Petition of J. Keith Shelton for Reinstatement to the Mississippi Bar; Majority Opinion: Cobb, P.J. Disposition: Petition for Reinstatement referred to Complaint Tribunal for a hearing. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., not participating.

The Mitchell Company, Inc. and Oak Grove Apartments, LTD. v. Property Tax Associates, Inc.; Madison County Court; LC Case #: CO-2002-0362; Ruling Date: 01/11/2006; Ruling Judge: William Agin; Disposition: Motion for Reconsideration of Order of Dismissal and for Alternative Relief filed by appellants is denied. Diaz, J., not participating. Order entered.

Robert L. Johnson, Former Commissioner, Mississippi Department of Corrections, Christopher Epps, Acting Commissioner, Mississippi Department of Corrections, Lawrence Kelly, Superintendent of Central Mississippi Correctional Facility, Mississippi Department of Corrections, Leon Shields and Unnamed Individual Correction Officers v. Brenda Nash, Sole and Only Heir of Tommy Lee Nash, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-02-1055CIV; Ruling Date: 03/27/2006; Ruling Judge: Winston Kidd; Disposition: Motion for Reconsideration filed by petitioners is granted. This matter is remanded to the Hinds County Circuit Court for transfer of cause no. 251-02-1055CIV to Rankin County Circuit Court. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Leigh Stubbs v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-362MS; Ruling Judge: Mike Smith; Disposition: Application for leave to proceed in the trial court on a motion for post-conviction relief filed by counsel for Leigh Stubbs is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, J. Order entered.

Tami Vance v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2000-362-MS; Ruling Date: 06/30/2001; Ruling Judge: Mike Smith; Disposition: Application for leave to proceed in the trial court on a motion for post-conviction relief filed by counsel for Tami Vance is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, J. Order entered.