10/19/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-IA-02003-SCT

City of Cherokee, Alabama; City of Cherokee Police Chief Paul Norman and Paul Norman, Individually; City of Cherokee Police Officer Jerry McClurg and Jerry McClurg, Individually; Colbert County, Alabama; Colbert County Sheriff Ronnie May and Ronnie May, Individually; and Colbert County Deputy Bill Mays and Bill Mays, Individually v. Dennis Ray Parsons, et al.; Alcorn Circuit Court; LC Case #: CV-03-012F-A; Ruling Date: 10/17/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants City of Cherokee, AL; City of Cherokee Police Chief Paul Norman and Officer Jerry McClurg; and Colbert County Deputy Bill Mays and Appellee Dennis Ray Parsons taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Easley, J., not participating.

Judith C. Smith v. Kathy Ann King, Charles Smith, Jr., Margaret Smith Britt and Sheila Smith George; Lincoln Chancery Court; LC Case #: 2001-592; Ruling Date: 08/02/2005; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Cobb, P.J., not participating.

The Park on Lakeland Drive, Inc. and Shane Douglas v. Nancy J. Spence; Hinds Circuit Court 1st District; LC Case #: 251-04-614-CIV; Ruling Date: 10/07/2005; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents Without Separate Written Opinion. Cobb, P.J., and Graves, J., not participating.

Gary M. Davis v. Sharon Davis; Rankin Chancery Court; LC Case #: 44712; Ruling Date: 11/30/2000; Ruling Judge: John Grant, III; Disposition: Motion for Assessment and Imposition of Statutory Damages filed by appellee is remanded to the Rankin County Chancery Court for further proceedings. Easley, J., would grant. Graves, J., not participating. Order entered.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Motion for Leave to Proceed in the Trial Court and Motion to Amend and/or Supplement the Petition for Post-Conviction Relief filed by petitioner is denied. See Opinion of this Court handed down this date. Diaz and Graves, JJ., would grant.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Petitioner's Motion for Permission to Supplement MDOC Prisoner Medical File is dismissed. Order entered.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Majority Opinion: Carlson, J. Disposition: Application for Leave to File Motion for Post-Conviction Relief, Denied. Forrest County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Dissent Without Separate Written Opinion.

Emma Hannah v. State of Mississippi; Winston Circuit Court; LC Case #: 2003-213-CV; Ruling Date: 11/08/2004; Ruling Judge: C. Morgan, III; Disposition: The State's motion for rehearing is denied. The previous opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Smith, C.J., Diaz and Carlson, JJ., would grant.

Emma Hannah v. State of Mississippi; Winston Circuit Court; LC Case #: 2003-213-CV; Ruling Date: 11/08/2004; Ruling Judge: C. Morgan, III; Majority Opinion: Cobb, P.J. Disposition: The State's motion for rehearing is denied. The previous opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Winston County taxed with costs of appeal. Votes: Waller, P.J., Diaz, Graves, Dickinson and Randolph, JJ., Concur. Smith, C.J., Dissents with Separate Written Opinion Joined by Easley and Carlson, JJ. Dissenting Opinion: Smith, C.J. Votes: Easley and Carlson, JJ., Join This Opinion.

Ricky Lee Long a/k/a Leon Long v. State of Mississippi; Lee Circuit Court; LC Case #: CR02-874 (G) L; Ruling Date: 02/04/2004; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Ricky Lee Long is dismissed. M.R.A.P. 17(b). Order entered.

Billy E. Burnett, Inc. v. Pontotoc County Board of Supervisors; Pontotoc Circuit Court; LC Case #: CV-03-052A(PO); Ruling Date: 11/08/2004; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by Billy E. Burnett, Inc., is denied. To Deny: All Justices. Order entered.

Michelle Fradella and GBS Properties, LLC, d/b/a Prudential Gardner Realtors ("Prudential Gardner") v. James E. Seaberry and Wife, Rosella M. Seaberry; Pearl River Chancery Court; LC Case #: 04-0437GN-D; Ruling Date: 02/01/2005; Ruling Judge: Sebe Dale, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Michelle Fradella and GBS Properties LLC, d/b/a Prudential Gardner Realtors is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Diaz, Easley and Graves, JJ. Order entered.

Nellie Treadwell v. Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort; Tunica Circuit Court; LC Case #: 2001-0192; Ruling Date: 02/18/2005; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by counsel for Nellie Treadwell is dismissed. M.R.A.P. 17(b). Order entered.

Stuart A. Yablon, M.D. and The Mississippi Methodist Rehabilitation Center v. Peggy Gunter, Individually and on Behalf of all Wrongful Death Beneficiaries of Betty C. Robinson, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-1011CIV; Ruling Judge: Bobby DeLaughter; Disposition: The stay of proceedings in this Court and in the circuit court, entered on June 17, 2005, is lifted. Petition for Interlocutory Appeal of Mississippi Methodist Rehabilitation Center and Stuart A. Yablon, M.D., is granted. This matter is remanded to the Circuit Court of Hinds County, Mississippi for further proceedings consistent with this Order. Respondents are taxed with all costs of this appeal. Diaz and Easley, JJ., would deny. Graves, J., not participating. Randolph, J., for the Court. Order entered.

Lorenzo Robinson a/k/a Tymoochie v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2004-0191; Ruling Date: 08/03/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Smith, C.J. Disposition: Count I: Conviction of Aggravated Assault and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence of life imprisonment shall not be reduced or suspended nor shall the appellant be eligible for parole or probation during the term of said sentence. Count II: Conviction of Conspiracy to Commit Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence of life imprisonment shall not be reduced or suspended nor shall the appellant be eligible for parole or probation during the term of said sentence. The sentence imposed in Count II shall run consecutively to any and all sentences previously imposed by the federal or state government. Coahoma County taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Cobb, P.J., not participating.

Tyson Breeders, Inc., Stan Varner and Mack Walker v. James Eric Harrison; Covington Chancery Court; LC Case #: 02-356; Ruling Date: 11/28/2005; Ruling Judge: J. Buffington; Majority Opinion: Smith, C.J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Carlson and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only. Randolph, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, Easley and Graves, JJ., Dissent Without Separate Written Opinion.

In Re: Jim Hood, Attorney General, Ex Rel., State of Mississippi Tobacco Litigation: The Partnership for a Healthy Mississippi, Intervenor v. State of Mississippi, by and through Governor Haley Barbour, the Mississippi Division of Medicaid in the Office of the Governor, and the Mississippi Health Care Trust Fund; Jackson Chancery Court; LC Case #: 94-1429; Ruling Date: 05/30/2006; Ruling Judge: Jaye Bradley; Disposition: Governor Haley Barbour, the Division of Medicaid in the Office of the Governor, and the Mississippi Health Care Trust Fund's Motion for Stay Pending Appeal is granted. The Partnership for a Healthy Mississippi, Inc., shall not expend any funds, that it currently holds and which it received pursuant to the State of Mississippi's tobacco settlement payment, pending the issuance of this Court's mandate in this appeal and cross-appeal or pending further en banc order of this Court. Easley, J., would deny with Separate Written Statement. Diaz and Graves, JJ., not participating. Order entered.