11/13/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2007-CA-00114-SCT

The University Medical Center v. John Henry Martin, Individually and on behalf of Wrongful Death Beneficiaries of Martha Martin, Yashica Good, Individually; Hinds Circuit Court 1st District; LC Case #: 251-02-1271; Ruling Date: 10/13/2006; Ruling Judge: Winston Kidd; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Randolph, J., Concurs in Result Only. Smith, C.J., not participating.

Charles Lamar Johnson v. State of Mississippi; Simpson Circuit Court; LC Case #: 2005-82K; Ruling Date: 11/27/2007; Ruling Judge: Robert Evans; Majority Opinion: Easley, J. Disposition: Count I: Conviction of felon in possession of a firearm and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count lI: Conviction of armed robbery and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of armed robbery and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts ll and lll shall run consecutively. Sentence in Count l shall run concurrently with the sentences imposed in Counts ll and lll. Simpson County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Smith, C.J., and Graves, J., Concur in Result Only. Lamar, J., not participating.

Julian Rose, M.D. v. Eugene Tullos; Smith Circuit Court; LC Case #: 2006-153; Ruling Date: 05/11/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Deere & Company and Parker Tractor & Implement Company, Inc. v. First National Bank of Clarksdale and Edward J. Johnson, Jr. d/b/a F & E Farm; Coahoma County Court; LC Case #: 14-CO-01-0411; Ruling Date: 07/16/2007; Ruling Judge: Charles Brett; Majority Opinion: Smith, C.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Andrew Thompson, Jr. v. Charles Lewis Jones; Coahoma Circuit Court; LC Case #: 14-CI-07-0117; Ruling Date: 11/02/2007; Ruling Judge: Frank Vollor; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, P.J., and Graves, J., Dissent Without Separate Written Opinion. Easley and Lamar, JJ., not participating.

James R. Williams, III v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-310-00TTG; Ruling Date: 03/18/2005; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by James R. Williams, III, is denied. To Deny: All Justices. Order entered.

Mississippi State Veterans Affairs Board v. Beverly Pettigrew Kraft, Personal Representative of the Wrongful Death Beneficiaries and Heirs at Law of Billy L. Pettigrew, Deceased; and Individually as the Daughter and an Heir at Law of Billy L. Pettigrew, Deceased; and the Estate of Billy L. Pettigrew, By and Through Beverly Pettigrew Kraft, Administratrix of the Estate; Hinds Circuit Court 1st District; LC Case #: 251-03-465CIV; Ruling Date: 05/02/2006; Ruling Judge: Tomie Green; Disposition: Motion for Reconsideration and for Stay filed by appellant is denied. Motion to Strike Defendant's Reply to Plaintiff's Response filed by appellee is granted. Diaz, P.J., would grant Motion for Reconsideration and for Stay and would deny Motion to Strike Defendant's Reply to Plaintiff's Response. Not Participating: Smith, C.J., Waller, P.J., and Easley, J. Order entered.

Mississippi State Veterans Affairs Board v. Beverly Pettigrew Kraft, Personal Representative of the Wrongful Death Beneficiaries and Heirs at Law of Billy L. Pettigrew, Deceased; and Individually as the Daughter and an Heir at Law of Billy L. Pettigrew, Deceased; and the Estate of Billy L. Pettigrew, By and Through Beverly Pettigrew Kraft, Administratrix of the Estate; Hinds Circuit Court 1st District; LC Case #: 251-03-465CIV; Ruling Date: 05/02/2006; Ruling Judge: Tomie Green; Disposition: Motion for Reconsideration and for Stay filed by appellant is denied. Motion to Strike Defendant's Reply to Plaintiff's Response filed by appellee is granted. Diaz, P.J., would grant Motion for Reconsideration and for Stay and would deny Motion to Strike Defendant's Reply to Plaintiff's Response. Not Participating: Smith, C.J., Waller, P.J., and Easley, J. Order entered.

Desmond D. Walton v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-521-CR; Ruling Date: 08/04/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Carlson, J. Disposition: The Judgments of the Court of Appeals and the Forrest County Circuit Court are Affirmed. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Forrest County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Lamar, J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Steven Walter Eason v. State of Mississippi; Perry Circuit Court; LC Case #: 5234; Ruling Date: 02/20/2006; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by counsel for Steven Walter Eason is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, P.J., Not Participating: Lamar, J. Order entered.

Steven Walter Eason v. State of Mississippi; Perry Circuit Court; LC Case #: 5234; Ruling Date: 02/20/2006; Ruling Judge: Robert Helfrich; Disposition: Steven Walter Eason's pro se Motion for Permission to file a pro se Supplemental Brief and/or Amendment to Writ of Certiorari is dismissed without prejudice. To Dismiss Without Prejudice: Waller and Diaz, P.JJ., Carlson, Graves and Dickinson, JJ. To Deny: Smith, C.J., Easley and Randolph, JJ. Not Participating: Lamar, J. Order entered.

Steven Walter Eason v. State of Mississippi; Perry Circuit Court; LC Case #: 5234; Ruling Date: 02/20/2006; Ruling Judge: Robert Helfrich; Disposition: Steven Walter Eason's pro se Motion for Permission to file a pro se Supplemental Brief and/or Amendment to Writ of Certiorari is dismissed without prejudice. To Dismiss Without Prejudice: Waller and Diaz, P.JJ., Carlson, Graves and Dickinson, JJ. To Deny: Smith, C.J., Easley and Randolph, JJ. Not Participating: Lamar, J. Order entered.

Gigi Kilhullen v. Kansas City Southern Railway and Robert W. Lay; Scott Circuit Court; LC Case #: 2001-CV-0332-SC; Ruling Date: 08/24/2006; Ruling Judge: Vernon Cotten; Disposition: Petition for writ of certiorari filed by counsel for Gigi Kilhullen is granted. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Easley and Graves, JJ. Order entered.

Estate of Venus Jones, M.D., Lance Wright, M.D. and Semmes-Murphy Clinic, Memphis Pathology Labs and Baptist Rapid Access Lab v. Tyson Phillips, A Minor, By and Through His Next Friend, Mary Jean Phillips and Mary Jean Phillips, Individually and as Conservator for Wilbert Phillips; Coahoma Circuit Court; LC Case #: 14- CI-01-0061; Ruling Date: 12/30/2002; Ruling Judge: Kenneth Thomas; Disposition: Appellees' motion to withdraw appellees' motion for application of statutory penalty for unsuccessful appeal and to award costs and interest is granted. The appellees' motion for application of statutory penalty for unsuccessful appeal and to award costs and interest is dismissed as moot. Order entered.

Estate of Venus Jones, M.D., Lance Wright, M.D. and Semmes-Murphy Clinic, Memphis Pathology Labs and Baptist Rapid Access Lab v. Tyson Phillips, A Minor, By and Through His Next Friend, Mary Jean Phillips and Mary Jean Phillips, Individually and as Conservator for Wilbert Phillips; Coahoma Circuit Court; LC Case #: 14- CI-01-0061; Ruling Date: 12/30/2002; Ruling Judge: Kenneth Thomas; Disposition: Appellees' motion to withdraw appellees' motion for application of statutory penalty for unsuccessful appeal and to award costs and interest is granted. The appellees' motion for application of statutory penalty for unsuccessful appeal and to award costs and interest is dismissed as moot. Order entered.

Betty G. Hartel and Husband, Waldo Hartel v. Jack B. Pruett, M.D., Spectrum Emergency Care, Inc. d/b/a SEC/EM Care and Biloxi Regional Medical Center a/k/a Biloxi HMA, Inc.; Harrison Circuit Court 2nd District; LC Case #: A-2402-99-00178; Ruling Date: 06/30/2005; Ruling Judge: Kosta Vlahos; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants 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., Dissent Without Separate Written Opinion.

Daniel Lewis Jones a/k/a Big Dan v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0034-CV1; Ruling Date: 02/21/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Daniel Lewis Jones is denied. To Deny: All Justices. Order entered.

Michael L. Foss, M.D. v. Dorothy Williams, Administratrix of the Estate of Peter D. Price, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-06-87; Ruling Date: 03/26/2007; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., Carlson and Dickinson, JJ., would grant.

Mississippi Commission on Judicial Performance v. Edwin L. Pittman, Jr.; LC Case #: 2006-129; Ruling Date: 01/17/2008; Ruling Judge: Patricia Wise; Disposition: Motion for Clarification filed by the Mississippi Commission on Judicial Performance is granted. The mandate of the opinion is modified and corrected so that the public reprimand of Edwin L. Pittman, Jr., shall be made by the Presiding Judge of the Lamar County Circuit Court. Easley, J., disagrees. Smith, C.J., and Diaz, P.J., not participating. Opinion modified. Order entered.