10/20/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay B.
X  2003-KA-01909-SCT

Dewayne K. Jones v. State of Mississippi; Rankin Circuit Court; LC Case #: 14,602; Ruling Date: 05/22/2003; Ruling Judge: Samac Richardson; Majority Opinion: Cobb, P.J. Disposition: Conviction of Transfer of Cocaine and Sentence of Thirty (30) Years, with the last Ten (10) Years Suspended and Five (5) Years on Supervised Probation, in the custody of the Mississippi Department of Corrections, and payment of a fine of $5,000.00, all court costs, fees and assessments, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

James S. Powell v. Ouida Campbell; Jones Chancery Court 2nd District; LC Case #: 2002-0370; Ruling Date: 07/21/2004; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Tommy Wright and wife, Wanda Wright v. Johnny Huggins and wife, Judy Ragle Huggins; Tishomingo Chancery Court; LC Case #: 95-0087-71-S; Ruling Date: 10/06/2004; Ruling Judge: Rodney Shands; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Rules of Professional Conduct; Disposition: The Mississippi Bar's Petition to Permit Attorneys not Licensed to Practice Law in Mississippi to Provide Emergency Pro Bono Legal Assistance through the Mississippi Volunteer Lawyers Project is granted to the extent set forth in the order. The attorneys providing services under authority of this order shall not be deemed to be engaged in the unauthorized practice of law as defined by Miss. Code Ann. Section 73-3-55 as amended, the Rules of Professional Conduct, and pertinent case law. The authorization of those who offer services by this order shall continue until terminated by further order. Diaz, J., not participating. Order entered.

In Re: Rules of Professional Conduct; Disposition: The Mississippi Bar's Petition to Permit Attorneys not Licensed to Practice Law in Mississippi to Provide Emergency Pro Bono Legal Assistance through the Mississippi Volunteer Lawyers Project is granted to the extent set forth in the order. The attorneys providing services under authority of this order shall not be deemed to be engaged in the unauthorized practice of law as defined by Miss. Code Ann. Section 73-3-55 as amended, the Rules of Professional Conduct, and pertinent case law. The authorization of those who offer services by this order shall continue until terminated by further order. Diaz, J., not participating. Order entered.

Bobby T. Williams and Peggy Williams v. Hugh A. Gamble, II, M.D., John M. Brooks, M.D., and Gamble Brothers & Archer Clinic, P.A.; Washington Circuit Court; LC Case #: CI20-0054; Ruling Date: 05/24/2002; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed by counsel for Bobby T. Williams and Peggy Williams is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves and Randolph, JJ. To Grant: Cobb, P.J., Easley and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Kevin B. Burnside v. State of Mississippi; Leake Circuit Court; LC Case #: 02-CR-075-LE; Ruling Date: 01/24/2003; Ruling Judge: V. Cotten; Disposition: Request for certiorari filed by counsel for Kevin B. Burnside is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Russell Hill a/k/a Russell K. Hill v. State of Mississippi; Lamar Circuit Court; LC Case #: 2001-K-341E; Ruling Date: 02/24/2003; Ruling Judge: Michael Eubanks; Consolidated with 2003-CT-00007-SCT Russell Hill a/k/a Russell K. Hill v. State of Mississippi; Lamar Circuit Court; LC Case #: 2001-K-261E; Ruling Date: 11/08/2002; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed pro se by Russell Hill is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Marlon C. Knox v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,739(1); Ruling Date: 03/05/2003; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Marlon C. Knox is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ. To Grant: Cobb, P.J., and Graves, J. Not Participating: Diaz and Dickinson, JJ. Order entered.

City of Jackson, Mississippi and University of Mississippi Medical Center v. The Estate of Otha Stewart, Deceased, by and through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816-CIV; Ruling Date: 04/01/2003; Ruling Judge: Winston Kidd; Consolidated with 1999-IA-01527-SCT Otha Stewart, by and through Emma Womack, her Daughter and Conservator of Her Person and Her Estate v. City of Jackson, Mississippi, and Doris B. Spiller; Hinds Circuit Court 1st District; LC Case #: 98816CIV; Ruling Date: 09/01/1999; Ruling Judge: James Graves, Jr.; Disposition: Motion of James A. Bobo for Justices Graves and Diaz to Participate in Show Cause Proceedings and for Justice Dickinson to Recuse Himself from Participation is denied to the extent it seeks participation by Justice Diaz. Smith, C.J., Diaz, Graves and Dickinson, JJ., not participating. Order entered.

City of Jackson, Mississippi and University of Mississippi Medical Center v. The Estate of Otha Stewart, Deceased, by and through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816-CIV; Ruling Date: 04/01/2003; Ruling Judge: Winston Kidd; Consolidated with 1999-IA-01527-SCT Otha Stewart, by and through Emma Womack, her Daughter and Conservator of Her Person and Her Estate v. City of Jackson, Mississippi, and Doris B. Spiller; Hinds Circuit Court 1st District; LC Case #: 98816CIV; Ruling Date: 09/01/1999; Ruling Judge: James Graves, Jr.; Disposition: Motion of James A. Bobo for Additional Documents to be Certified for use as Exhibits is denied. Smith, C.J., Diaz, Graves and Dickinson, JJ., not participating. Order entered.

Tommy Banks a/k/a Tommy Earl Banks (Harry) v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-533; Ruling Date: 05/27/2003; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Tommy Earl Banks is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Christopher Martin v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2002-171-B(P2); Ruling Date: 06/27/2003; Ruling Judge: Andrew Baker; Disposition: Motion for Rehearing of Motion for Reinstatement of Appeal filed pro se by Christopher Martin is granted and Martin's appeal is reinstated. This matter is remanded to the Circuit Court of the Second Judicial District of Panola County for a period of thirty (30) days from the date of this order for determination of (1) whether Martin is entitled to proceed in forma pauperis and (2) whether Martin is entitled to court appointed counsel by making inquiry and taking action consistent with the provisions of M.R.A.P. 6(b)(2)(i.,ii., iii.). A transcript of the hearing shall be made by the court reporter, and the transcript and trial court order shall be certified to this Court and shall be made a part of the record on appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. To Deny: Randolph, J. Not Participating: Diaz, J. Order entered.

Union Planters Bank, National Association v. Neal Doniphan Rogers, Jr., Executor of the Estate of Helen Rogers, Deceased, a/k/a Helen K. Rogers; Washington Circuit Court; LC Case #: CI-2002-101; Ruling Date: 08/04/2003; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by Union Planters Bank is denied. Smith, C.J., and Cobb, P.J., would deny with modifications. Dickinson, J., would grant. Diaz, J., not participating.

Michael Johnson v. State of Mississippi; Rankin Circuit Court; LC Case #: 14215; Ruling Date: 10/29/2003; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Michael Johnson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Jerry Boyd v. Tishomingo County Democratic Executive Committee and Members and Glenn Whitlock, Intervenor; Tishomingo Circuit Court; LC Case #: CV03-0198; Ruling Date: 11/02/2003; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Jerry Boyd is denied. Cobb, P.J., would deny with modifications. Diaz, J., not participating.

Tupelo Public School District and Mississippi School Boards Association Worker's Compensation Trust v. Karen King Parker; Lee Circuit Court; LC Case #: CV 02-349(PF)L; Ruling Date: 03/01/2004; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by counsel for Karen King Parker is denied. To Deny: Smith, C.J., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Waller and Cobb, P.JJ., and Easley, J. Not Participating: Diaz, J. Order entered.

In the Matter of the Petition of the Mississippi Bar to Transfer an Attorney to Disability Inactive Status; Disposition: The Petition of The Mississippi Bar to Transfer an Attorney to Disability Inactive Status is granted and the license of Attorney Doe to practice law is hereby transferred to disability inactive status pursuant to Rules 17-24 of the Mississippi Rules of Discipline. Diaz, J., not participating. Order entered.

In the Matter of the Petition of the Mississippi Bar to Transfer an Attorney to Disability Inactive Status; Majority Opinion: Smith, C.J. Disposition: The Petition of The Mississippi Bar to Transfer an Attorney to Disability Inactive Status is granted, and the license of Attorney Doe to practice law is hereby transferred to disability inactive status pursuant to Rules 17-24 of the Mississippi Rules of Discipline. The Mississippi Bar taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Surgicare of Gulfport d/b/a Health South Outpatient Center v. Carla D. Broadus; Harrison Circuit Court 1st District; LC Case #: A2401-2000-425; Ruling Date: 04/27/2005; Ruling Judge: Roger Clark; Disposition: Motion to Reconsider filed by counsel for Carla D. Broadus is granted. This Court's order, entered on June 30, 2005, is hereby vacated. The Order Reinstating Case to Active Docket entered on or about April 28, 2005, by the Circuit Court for the First Judicial District of Harrison County, Mississippi, is hereby reinstated. Diaz, J., not participating. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products, Inc.; Jones Circuit Court 2nd District; LC Case #: 2004-161-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products, Inc.; Jones Circuit Court 2nd District; LC Case #: 2004-161-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products Inc.; Jones Circuit Court 2nd District; LC Case #: 2004 162-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products Inc.; Jones Circuit Court 2nd District; LC Case #: 2004 162-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products, Inc.; Jones Circuit Court 2nd District; LC Case #: 2004-163-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products, Inc.; Jones Circuit Court 2nd District; LC Case #: 2004-163-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products, Inc.; Jones Circuit Court 2nd District; LC Case #: 2004-160-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.

In Re: Textron, Inc., Norton Company n/k/a Saint-Gobain Abrasives, Inc. and Siebe North, Inc. n/k/a North Safety Products, Inc.; Jones Circuit Court 2nd District; LC Case #: 2004-160-CV8; Ruling Date: 06/30/2005; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi filed by petitioners is denied. Not Participating: Diaz, J. Order entered.