10/22/2009 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2006-CT-01258-SCT

Entergy Mississippi, Incorporated v. TCA Cable Partners d/b/a Cox Communications; Washington Circuit Court; LC Case #: CI2002-438; Ruling Date: 11/30/2005; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by TCA Cable Partners d/b/a Cox Communications is denied. To Deny: Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Chandler, JJ. To Grant: Waller, C.J., Dickinson and Pierce, JJ. Order entered.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 12/12/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: The appellant's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Part One: Reversed and Remanded. Part Two: Affirmed. See Opinion of this Court handed down this date.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 12/12/2006; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Graves, P.J. Disposition: The appellant's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Part One: Reversed and Remanded. Part Two: Affirmed. Grenada County taxed with costs of appeal. Votes: Part One: Waller, C.J., Dickinson, Kitchens and Chandler, JJ., Concur. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Chandler, J. Chandler, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., and Dickinson, J. Lamar, J., Dissents With Separate Written Opinion Joined by Carlson, P.J., Randolph and Pierce, JJ. Majority (Part 2) Opinion: Lamar, J. Votes: Part Two: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Specially Concurring Opinion: Dickinson, J. Votes: Chandler, J., Joins This Opinion. Specially Concurring Opinion: Chandler, J. Votes: Waller, C.J., and Dickinson, J., Join This Opinion. Dissenting Opinion: Lamar, J. Votes: Carlson, P.J., Randolph and Pierce, JJ., Join This Opinion. Dissenting Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion.

John Anthony Magyar v. State of Mississippi; Washington Circuit Court; LC Case #: CI2007-39; Ruling Date: 04/05/2007; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by appellant is denied. Chandler, J., not participating.

Billy Mack Sullivan, Teresa Sullivan Rankin, Billy H. Sullivan, Alice M. Lowther, James H. Lowther, Jr., Julian Barry Lowther, Paul Edward Lowther and Sherri Lynn Lacy v. Eugene C. Tullos d/b/a Tullos & Tullos, John Raymond Tullos d/b/a Tullos & Tullos, Crymes G. Pittman, Individually and d/b/a Pittman, Germany, Roberts & Welsh, LLP and Billy Means; Hinds Circuit Court 1st District; LC Case #: 251-06-496; Ruling Date: 02/08/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson and Lamar, JJ., Concur. Randolph, Kitchens and Chandler, JJ., not participating.

Ashante Newberry v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2006-703CD; Ruling Date: 05/16/2007; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for Ashante Newberry is denied. Petition for writ of certiorari filed by Ashante Newberry pro se is denied. To Deny Both Petitions: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Graves, P.J., and Chandler, J. Order entered.

Rickie Shies v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0068CVI; Ruling Date: 05/25/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Rickie Shies is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Dickinson, J. Order entered.

Gulf South Pipeline Company, LP v. Blanche Marie Downey Pitre; Warren Special Court of Eminent Domain; LC Case #: 06,0689-CO; Ruling Date: 06/26/2007; Ruling Judge: John Price, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Gulf South Pipeline Company, LP is granted. To Grant: Waller, C.J., Randolph, Chandler and Pierce, JJ. To Deny: Carlson and Graves, P.JJ., Dickinson, Lamar and Kitchens, JJ. Order entered.

Tomarcus Monte Fulks a/k/a Tomarcus Monte Faulks v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0536-CR1; Ruling Date: 03/01/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by the State of Mississippi is denied.

Sparky Darnez Watson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2004-275CR; Ruling Date: 08/14/2007; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Sparky D. Watson is denied. To Deny: All Justices. Order entered.

Tommy Thompson v. First American National Bank ; Alcorn Circuit Court; LC Case #: CV-04-138AA; Ruling Date: 01/23/2008; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by Tommy Thompson is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Kitchens, J. Not Participating: Waller, C.J. Order entered.

William Patrick Daley v. Charlotte Carlton; Madison Chancery Court; LC Case #: 2004-0098; Ruling Date: 03/03/2008; Ruling Judge: Cynthia Brewer; Disposition: Petition for writ of certiorari filed by William Patrick Daley is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Not Participating: Pierce, J. Order entered.

J.K. v. R.K.; Hinds Chancery Court 1st District; LC Case #: G2001-1980 0/3; Ruling Date: 05/20/2008; Ruling Judge: Denise Owens; Disposition: Motion for rehearing filed by appellee is denied. Carlson, P.J., Dickinson and Kitchens, JJ., not participating.

Lamar Kitchens v. State of Mississippi; Winston Circuit Court; LC Case #: 2007-055CR; Ruling Date: 11/20/2008; Ruling Judge: C. Morgan, III; Disposition: Lamar Kitchens' pro se Motion for Permission to Proceed Out-of-Time on Motion for Rehearing is denied. Order entered.