10/18/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2006-CA-00218-SCT

The Tupelo Redevelopment Agency v. The Gray Corporation, Inc. AND The Gray Corporation, Inc. v. Ronald J. Ragland, Sr. d/b/a Ragland Engineering and Ragland Construction AND Ronald J. Ragland, Sr. d/b/a Ragland Engineering and Ragland Construction v. The Tupelo Redevelopment Agency; Lee Circuit Court; LC Case #: CV02-133(G)L; Ruling Date: 01/12/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeals: Affirmed. Tupelo Redevelopment Agency, The Gray Corporation, Inc., and Ronald J. Ragland, Sr., d/b/a Ragland Engineering and Ragland Construction taxed equally with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., not participating.

Carlos Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-1-110CR(D); Ruling Date: 06/28/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Diaz, P.J. Disposition: Count I: Conviction of shooting into an occupied dwelling and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count I shall run concurrently with the sentence in Count III and consecutive to the sentences in Counts II, IV and V. Count II: Conviction of burglary of a house and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutive to the sentences in Counts I and III and also consecutive to the sentences in Counts IV and V. Count III: Conviction of aggravated assault with a weapon and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count IIl shall run concurrently with the sentence in Count I and consecutive to the sentences in Counts II, IV and V. Count IV: Conviction of armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count IV shall run consecutive to the sentences in Counts I and III and also consecutive to the sentences in Counts II and V. Count V: Conviction of kidnaping and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count V shall run consecutive to the sentences in Counts l and III and and also consecutive to the sentences in Counts II and IV. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Oxford Asset Partners, LLC v. City of Oxford, Mississippi and State of Mississippi; Lafayette Circuit Court; LC Case #: L06-185; Ruling Date: 09/21/2006; Ruling Judge: Henry Lackey; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellees taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

University of Mississippi Medical Center v. Earquella Ward; Hinds Circuit Court 1st District; LC Case #: 251-03-23CIV; Ruling Date: 04/25/2006; Ruling Judge: Tomie Green; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Petition to Amend Rule 46 of the Mississippi Rules of Appellate Procedure to Include a Provision for Pro Bono Publicus Attorneys is granted. The rule is amended as set forth in Exhibit A attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Not Participating: Graves, J. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted, and October 30, 2007, is hereby set as the date for execution of Earl Wesley Berry, in the manner provided by law. This order shall serve as the warrant of execution for Earl Wesley Berry. Motion to Stay Execution Pending Review by Supreme Court of the United States filed by Earl Wesley Berry is denied. Diaz, P.J., would stay execution date. Written Objection to follow. Graves, J., not participating. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted, and October 30, 2007, is hereby set as the date for execution of Earl Wesley Berry, in the manner provided by law. This order shall serve as the warrant of execution for Earl Wesley Berry. Motion to Stay Execution Pending Review by Supreme Court of the United States filed by Earl Wesley Berry is denied. Diaz, P.J., would stay execution date. Written Objection to follow. Graves, J., not participating. Order entered.

Washington Mutual Finance Group, LLC f/k/a City Finance Company v. Greta Blackmon, Louise Blue, Glenda Chambers, Annie Clark, Willie Earl Conway, Lillie Harris, Robin Horton, Lindsey Horton, Lorene Jackson, Lizzie Lofton, Jessie McClung, Willie McGee, Lou Waters, Earnest Claiborne, Tina Cross, Alfred Garrett, Percy Mason, Kenneth Hill, Zenester Moore, Mattie Miles, Patrishane Gordon, Janie Mason, Doris Garrett, Hazel Claiborne, David Ferguson and Lindsey Horton; Holmes Circuit Court; LC Case #: 98-0026; Ruling Date: 06/12/2001; Ruling Judge: Jannie Lewis; Disposition: Joint Motion to Dismiss Appeal is granted. The appeal is dismissed and the parties shall bear their own costs. Easley, J., not participating. Graves, J., for the Court. Order entered.

Century 21 Maselle and Associates, Inc., and Cindy Smith v. Tony L. Smith and Linda N. Smith; Hinds Circuit Court 1st District; LC Case #: 251-04-1223CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-CA-01814 Coldwell Banker Graham & Associates, Inc., Cindy Lai, Mark S. Bounds Realty Partners, Inc., Wayne C. Williams, Century 21 Maselle and Associates, Inc., and Cindy Smith and Donald Conn, Jr. v. Tony L. Smith and Linda N. Smith; Hinds Circuit Court 1st District; LC Case #: 251-04-1223CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Diaz, P.J., and Graves, J., would grant. Waller, P.J., not participating.

Coldwell Banker Graham & Associates, Inc., Cindy Lai, Mark S. Bounds Realty Partners, Inc., Wayne C. Williams, Century 21 Maselle and Associates, Inc., and Cindy Smith and Donald Conn, Jr. v. Tony L. Smith and Linda N. Smith; Hinds Circuit Court 1st District; LC Case #: 251-04-1223CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01696-SCT Century 21 Maselle and Associates, Inc., and Cindy Smith v. Tony L. Smith and Linda N. Smith; Hinds Circuit Court 1st District; LC Case #: 251-04-1223CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Diaz, P.J., and Graves, J., would grant. Waller, P.J., not participating.

Larry Harveston a/k/a Luke Harveston v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2006-081-LS; Ruling Date: 03/15/2006; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed pro se by Larry Harveston is dismissed. To Dismiss: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J. Order entered.

James Bradley Brown v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 05-0-0009; Ruling Date: 02/09/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by appellant is denied.

E. I. DuPont de Nemours and Company v. Glen Strong and Connie Strong; Jones Circuit Court 2nd District; LC Case #: 2005-57-CV3; Ruling Date: 01/17/2006; Ruling Judge: Billy Landrum; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., and Carlson, J., Concur. Lamar, J., Concurs in Part and in the Result Without Separate Written Opinion. Randolph, J., Concurs in Part and in the Result With Separate Written Opinion. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J.; Joined in Part by Randolph and Lamar, JJ. Dickinson, J., not participating. Concurring in Part and in the Result Opinion: Randolph, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion. Randolph and Lamar, JJ., Join This Opinion in Part.

Odell Prince v. State of Mississippi; Kemper Circuit Court; LC Case #: 2005-CV-22R; Ruling Date: 12/21/2005; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed pro se by Odell Prince is dismissed pursuant to MRAP 17 (b). Order entered.

Mississippi Commission on Judicial Performance v. Robert Earl Fowlkes; LC Case #: 2006-095; Ruling Date: 03/14/2007; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted. See Opinion of this Court handed down this date. Graves, J., would deny. Diaz, P.J., and Easley, J., not participating.

Mississippi Commission on Judicial Performance v. Robert Earl Fowlkes; LC Case #: 2006-095; Ruling Date: 03/14/2007; Ruling Judge: Patricia Wise; Majority Opinion: Smith, C.J. Disposition: Judge Robert Earl Fowlkes, Justice Court Judge for Monroe County, shall be Publicly Reprimanded in Open Court by the Presiding Judge of Monroe County Circuit Court on the first day of the next term of that court after this decision becomes final; is suspended for thirty (30) days without pay from and after the date of issuance of the mandate in this case; and, is assessed costs in the amount of $100.00. Robert Earl Fowlkes taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, P.J., and Easley, J., not participating.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: Henry Lackey; Disposition: Motion for Leave to File Successor Petition for Post-Conviction Relief filed by Earl Wesley Berry is dismissed. Diaz, P.J., would grant. Written Objection to follow. Graves, J., not participating. Order entered.