11/08/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2006-KA-01950-SCT

Anthony Wayne Murray v. State of Mississippi; Lincoln Circuit Court; LC Case #: 05-087LT; Ruling Date: 08/22/2006; Ruling Judge: Michael Taylor; Majority Opinion: Randolph, J. Disposition: Conviction of felonious operation of a motor vehicle while under the influence of intoxicating liquor and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence will be served day for day without chance of early release or parole. Lincoln County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Disposition: Separate Written Objection by Presiding Justice Diaz to Order Denying the Motion for Stay is filed herein.

Jackie Tentoni, Individually, and as Next Friend on Behalf of Her Minor Children, Melanie Tentoni, Johnathan Tentoni and Phillip Tentoni v. Warren W. Slayden; Madison Circuit Court; LC Case #: CI-2000-0005; Ruling Date: 12/30/2004; Ruling Judge: Samac Richardson; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Madison County Circuit Court is Reinstated and Affirmed. Jackie Tentoni taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Sam Turner v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2005-0029-CV1; Ruling Date: 11/30/2005; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Sam Turner is dismissed as untimely filed. Order entered.

Billy Givens v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5909; Ruling Date: 11/02/2005; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed pro se by Billy Givens is denied.

Ransom Jones, Clark Stewart, Sali Westmoreland, Mike Westmoreland, Tim Stewart, Nick Crutcher, Mitch Doze and Michelle Doze d/b/a Mobile Hill Hunting Club v. Greene County Board of Education; Greene Circuit Court; LC Case #: 2006-01-012(1); Ruling Date: 02/09/2006; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Ransom Jones, et al., is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ. To Grant: Smith, C.J. Not Participating: Dickinson, J. Order entered.

Fred Sanford Spicer, Jr. a/k/a Freddie Spicer, Jr. v. State of Mississippi; George Circuit Court; LC Case #: 2002-10,000(3); Ruling Date: 05/01/2003; Ruling Judge: Dale Harkey; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by attorneys for appellant is granted in part and denied in part. Graves, J., Concurs in Result Only. Easley, J., Dissents without Separate Written Opinion. See Opinion of this Court handed down this date.

Fred Sanford Spicer, Jr. a/k/a Freddie Spicer, Jr. v. State of Mississippi; George Circuit Court; LC Case #: 2002-10,000(3); Ruling Date: 05/01/2003; Ruling Judge: Dale Harkey; Majority Opinion: Lamar, J. Disposition: Petition for Post-Conviction Relief is Granted in Part and Denied in Part. George County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.

Treasure Bay Corporation d/b/a Treasure Bay Casino and Fire Dog, Inc. d/b/a Adventures Bar and Grill v. Sheila Ricard, Individually, and on Behalf of the Wrongful Death Beneficiaries of Phillip Robinson, Deceased; Jackson Circuit Court; LC Case #: CI-2002-00525(3); Ruling Date: 05/10/2006; Ruling Judge: Dale Harkey; Majority Opinion: Dickinson, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

The Mississippi Bar v. Dixie White Ishee; Disposition: Dixie White Ishee is hereby suspended from the practice of law in the State of Mississippi for a period of four months from the date of entry of this order. Dixie White Ishee may be reinstated to the privilege of practicing law only upon petition to and order of this Court, pursuant to Rule 12 of the Mississippi Rules of Discipline. The Bar is entitled to recover from Dixie White Ishee all costs of these proceedings, as well as all previously assessed sums. The Clerk of this Court shall mail a certified copy of this order to The Mississippi Bar, and shall mail a certified copy of this order via certified mail, return receipt requested, to Dixie White Ishee, Post Office Box 954, Nassawadox, Virginia 23413-01954. Order entered.

The Mississippi Bar v. Dixie White Ishee; Majority Opinion: Waller, P.J. Disposition: Dixie White Ishee is hereby suspended from the practice of law in the State of Mississippi for a period of four months from the date of entry of the order. Dixie White Ishee may be reinstated to the privilege of practicing law only upon petition to and order of this Court, pursuant to Rule 12 of the Mississippi Rules of Discipline. The Bar is entitled to recover from Dixie White Ishee all costs of these proceedings, as well as all previously assessed sums. The Clerk of this Court shall mail a certified copy of the order to The Mississippi Bar, and shall mail a certified copy of the order via certified mail, return receipt requested, to Dixie White Ishee, Post Office Box 954, Nassawadox, Virginia 23413-0954. Dixie White Ishee taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

The Mississippi Bar v. Wanda X. Abioto; Majority Opinion: Carlson, J. Disposition: Wanda X. Abioto shall be publicly reprimanded in Open Court by the Presiding Judge on the first day of the next term of the Circuit Court of DeSoto County after this decision is final and assessed with all costs. Wanda X. Abioto taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

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: Separate Written Objection by Presiding Justice Diaz to Order Dismissing the Motion for Leave to file Successor Petition for Post-Conviction Relief is filed herein.