10/30/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2007-KA-00579-SCT

Sylvester Branch v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-952; Ruling Date: 03/07/2006; Ruling Judge: Tomie Green; Majority Opinion: Lamar, J. Disposition: Count l: Conviction of statutory rape and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, with ten (10) years suspended, leaving twenty (20) years to serve and five (5) years supervised probation, Affirmed. Count II: Conviction of gratification of lust and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended, leaving ten (10) years to serve, Affirmed. Sentence in Count l shall run concurrently with the sentence in Count II. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion.

United States Fidelity and Guaranty Company of Mississippi v. Debbie Martin d/b/a Cartmell Gallery and Cartmell Gallery, LTD., LLC; Lauderdale Circuit Court; LC Case #: 04-CV-079B; Ruling Date: 12/20/2006; Ruling Judge: Robert Bailey; Majority Opinion: Graves, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Dickinson, J., not participating.

Candice Young, Personal Representative of the Wrongful Death Beneficiaries of Cherie S. Hancock, Deceased v. Donald C. Guild, M.D.; Yazoo Circuit Court; LC Case #: 2001-CI58; Ruling Date: 08/24/2004; Ruling Judge: Jannie Lewis; Majority Opinion: Lamar, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed in Part and Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Diaz, P.J., Easley, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Smith, C.J., and Carlson, J. Waller, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Smith, C.J., and Carlson, J., Join This Opinion.

Patricia Simpson a/k/a Patricia L. Simpson v. State of Mississippi; George Circuit Court; LC Case #: 2004-10,038(3); Ruling Date: 07/21/2006; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Patricia Simpson is denied. To Deny: All Justices. Order entered.

Ronald Henry Pierce v. Ernest Allan Cook, Sr.; Rankin Circuit Court; LC Case #: 2002-386; Ruling Date: 07/07/2006; Ruling Judge: Samac Richardson; Disposition: Motion for rehearing filed by appellant is denied.

Mississippi State University and The Iams Company v. People for the Ethical Treatment of Animals, Inc.; Oktibbeha Chancery Court; LC Case #: 06-0022; Ruling Date: 11/28/2006; Ruling Judge: Dorothy Colom; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., would grant. Easley and Graves, JJ., not participating.

Camacho Elliott v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0136-CV1; Ruling Date: 11/17/2006; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Camacho Elliott is denied. To Deny: All Justices. Order entered.

Kimberly Todd, Natural Mother and Next Friend of Lily Todd, a Minor v. First Baptist Church of West Point; Clay Circuit Court; LC Case #: 2005-0222; Ruling Date: 03/27/2007; Ruling Judge: Lee Howard; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ., Concur. Easley and Dickinson, JJ., not participating.

Hoyt Forbes and Hilda Forbes v. General Motors Corporation; Marion Circuit Court; LC Case #: 2001-0260; Ruling Date: 04/23/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Easley and Graves, JJ., Dissent Without Separate Written Opinion.

Jessica A. Hewett v. Jonathan L. Hewett; Lowndes Chancery Court; LC Case #: 2006-0177-D; Ruling Date: 05/16/2007; Ruling Judge: H. Davidson, Jr.; Disposition: Motion for rehearing filed by appellant is denied.

In Re: Sorie S. Tarawally; Hinds Youth Court 1st District; Ruling Judge: William Skinner, II; Disposition: Petition for extraordinary writ filed pro se by Sorie S. Tarawally is granted. This matter is remanded to the County Court of Hinds County, First Judicial District and Hon. Joe Webster is hereby appointed Special Judge for purposes of conducting an evidentiary hearing and determining the validity of Judge Skinner's July 8, 2008, Order of Removal. The July 8, 2008 Order of Removal issued by Judge Skinner is stayed pending the trial court's disposition. The trial court disposition shall be final and subject to the Mississippi Rules of Appellate Procedure. Agree with this Order: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Waller, P.J., and Easley, J. Order entered.