11/09/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-KA-01295-SCT

Torri L. Sanders and Sherry Sue Johnson v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR02-112; Ruling Date: 03/27/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Dickinson, J. Disposition: AS TO TORRI L. SANDERS: Count I: Conviction of Depraved Heart Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutively to Counts II and III of this cause. Count II: Conviction of Depraved Heart Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutively to Counts I and III. Count III: Conviction of Depraved Heart Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutively to Counts I and II. AS TO SHERRY SUE JOHNSON: Count I: Conviction of Depraved Heart Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutively to Counts II and III of this cause. Count II: Conviction of Depraved Heart Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutively to Counts I and III. Count III: Conviction of Depraved Heart Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. This sentence shall run consecutively to Counts I and II. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Randolph, JJ., Concur.

Deborah Champluvier a/k/a Deborah Marie Champluvier v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-456O/D; Ruling Date: 01/15/2004; Ruling Judge: Gray Evans; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. DeSoto County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Graves and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Randolph, J., Dissents With Separate Written Opinion Joined by Easley, J. Dissenting Opinion: Randolph, J. Votes: Easley, J., Joins This Opinion.

Ventura Donnell Moore, Sr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-015CR; Ruling Date: 05/12/2003; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed pro se by Ventura Donnell Moore, Sr., is denied. To Deny: All Justices. Order entered.

Mary Pearson Hill (One and the Same as Mary Hill Jackson) v. Cary L. Hill, Jr.; Madison Chancery Court; LC Case #: 99-145; Ruling Date: 02/03/2004; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed by Mary Pearson Hill (Jackson) is denied. To Deny: All Justices. Order entered.

Linda Pugh v. Mississippi Department of Transportation; Sharkey Circuit Court; LC Case #: 99-0096; Ruling Date: 05/08/2003; Ruling Judge: Isadore Patrick, Jr.; Consolidated with 2003-CT-02526-SCT Oliver David Chisolm, Jr., Oliver David Chisolm, III, Carolyn Elizabeth Chisolm and Kayla Louisa Chisolm v. Mississippi Department of Transportation; Sharkey Circuit Court; LC Case #: 99-0095-V; Ruling Date: 06/13/2002; Ruling Judge: Frank Vollor; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgments of the Circuit Court of Sharkey County are Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.

Peggy Hudson Fisher v. William Deer, Gannett MS Corp. and Gannett River States Publishing Corp. d/b/a The Hattiesburg American; Perry Circuit Court; LC Case #: 01-0084; Ruling Date: 06/17/2004; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Gannett River States Publishing Corp. d/b/a The Hattiesburg American is denied. To Deny: Waller, P.J., Diaz, Carlson and Graves, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Not Participating: Easley and Randolph, JJ. Order entered.

Peggy Hudson Fisher v. William Deer, Gannett MS Corp. and Gannett River States Publishing Corp. d/b/a The Hattiesburg American; Perry Circuit Court; LC Case #: 01-0084; Ruling Date: 06/17/2004; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by William Deer is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves and Dickinson, JJ. Not Participating: Easley and Randolph, JJ. Order entered.

Xavier Brown v. State of Mississippi; Lamar Circuit Court; LC Case #: 99K-909P; Ruling Date: 06/20/2002; Ruling Judge: Keith Starrett; Disposition: Motion for Leave to Proceed in the Trial Court is denied. See Opinion of this Court handed down this date.

Xavier Brown v. State of Mississippi; Lamar Circuit Court; LC Case #: 99K-909P; Ruling Date: 06/20/2002; Ruling Judge: Keith Starrett; Majority Opinion: Graves, J. Disposition: Leave to Seek Post-Conviction Relief, Denied. Lamar County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur.

Henry Smith v. Canal Insurance Company; Marshall Circuit Court; LC Case #: M99-262; Ruling Date: 09/03/2004; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Henry Smith is denied. To Deny: All Justices. Order entered.

In the Matter of the Will Contest of Jonathan Ainsworth, Nephew of the Deceased Gladys Castell deBen Majeau: Jonathan Ainsworth v. Brian Berrigan, Executor of the Estate of Gladys Castell deBen Majeau, Deceased; Hancock Chancery Court; LC Case #: 2002-827; Ruling Date: 03/01/2005; Ruling Judge: James Thomas, Jr.; Disposition: The order entered by this Court on June 1, 2006, is vacated in part. The Executor's Motion to Dismiss the Appeal of Jonathan Ainsworth, which was filed with the Clerk of this Court on May 15, 2006, is granted. The appeal in this matter is hereby dismissed. Jonathan Ainsworth is assessed all costs of this appeal. Executor Appellee's Motion to Strike Appellant's Pleading and for Sanctions is granted and the appeal in this matter is dismissed. Jonathan Ainsworth's request for sanctions against the executor and his counsel is denied. "Motion to Award Judgment in Favor of Appellant Jonathan Ainsworth due to contempt of Court of Appellee . . . " is denied. The order entered by this Court on May 25, 2005, is vacated in part. The Executor-Appellee's Motion to Dismiss Jonathan Ainsworth's Appeal, which was filed with the Clerk of this Court on April 6, 2005 is dismissed as moot. Graves, J., not participating. Order entered.

In the Matter of the Will Contest of Jonathan Ainsworth, Nephew of the Deceased Gladys Castell deBen Majeau: Jonathan Ainsworth v. Brian Berrigan, Executor of the Estate of Gladys Castell deBen Majeau, Deceased; Hancock Chancery Court; LC Case #: 2002-827; Ruling Date: 03/01/2005; Ruling Judge: James Thomas, Jr.; Disposition: The order entered by this Court on June 1, 2006, is vacated in part. The Executor's Motion to Dismiss the Appeal of Jonathan Ainsworth, which was filed with the Clerk of this Court on May 15, 2006, is granted. The appeal in this matter is hereby dismissed. Jonathan Ainsworth is assessed all costs of this appeal. Executor Appellee's Motion to Strike Appellant's Pleading and for Sanctions is granted and the appeal in this matter is dismissed. Jonathan Ainsworth's request for sanctions against the executor and his counsel is denied. "Motion to Award Judgment in Favor of Appellant Jonathan Ainsworth due to contempt of Court of Appellee . . . " is denied. The order entered by this Court on May 25, 2005, is vacated in part. The Executor-Appellee's Motion to Dismiss Jonathan Ainsworth's Appeal, which was filed with the Clerk of this Court on April 6, 2005 is dismissed as moot. Graves, J., not participating. Order entered.

Christopher Carbin v. State of Mississippi; Tate Circuit Court; LC Case #: CV2004-397BT; Ruling Date: 03/24/2005; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Christopher Carbin is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Graves, Dickinson and Randolph, JJ. Not Participating: Carlson, J. Order entered.

Travis O. Hill a/k/a Travis Orlando Hill v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-063(R); Ruling Date: 05/26/2005; Ruling Judge: Larry Roberts; Disposition: Travis O. Hill's pro se "Notice of Appeal," which is in the nature of a petition for writ of certiorari, is dismissed. M.R.A.P. 17(b). Order entered.

Brewer Construction Company, Inc. v. David Brewer, Inc., and Pear Orchard Vicksburg, LLC AND Massey Land & Timber, LLC v. David Brewer, Inc., Pear Orchard Vicksburg, LLC and Brewer Construction Company, Inc.; Warren Circuit Court; LC Case #: 01-0117-CI; Ruling Date: 07/20/2005; Ruling Judge: Frank Vollor; Disposition: Motion for Rehearing filed by David Brewer, Inc., and Pear Orchard Vicksburg, LLC, appellees, is denied. Cobb, P.J., would grant.

In Re: William C. Bell; Hinds Chancery Court 1st District; Ruling Judge: Denise Owens; Disposition: William C. Bell's Petition for Extraordinary Writ or in the Alternative Mandamus, or in the Alternative for Interlocutory Appeal with Immediate Stay and for Other Relief is granted to the extent that the Hinds County Chancery Court's temporary restraining order dated November 4, 2006, is vacated. Opinions will follow. Diaz, J., would deny with Separate Written Statement. Smith, C.J., and Easley, Carlson and Graves, JJ., not participating. Order entered.

In Re: William C. Bell; Hinds Chancery Court 1st District; Ruling Judge: Denise Owens; Disposition: William C. Bell's Petition for Extraordinary Writ or in the Alternative Mandamus, or in the Alternative for Interlocutory Appeal with Immediate Stay and for Other Relief is granted to the extent that the Hinds County Chancery Court's temporary restraining order dated November 4, 2006, is vacated. Opinions will follow. Diaz, J., would deny with Separate Written Statement. Smith, C.J., and Easley, Carlson and Graves, JJ., not participating. Order entered.