11/16/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-CA-00132-SCT

Charles Pruitt and Catherine Elizabeth Pruitt v. Hancock Medical Center; Hancock Circuit Court; LC Case #: 03-0289; Ruling Date: 07/15/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz, J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion.

City of Jackson v. Lynda Key Presley; Hinds Circuit Court 1st District; LC Case #: 251-99-465CIV; Ruling Date: 11/03/2004; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents Without Separate Written Opinion. Graves, J., not participating.

American Home Products Corporation; Wyeth-Ayerst Laboratories Company, a Division of American Home Products Corporation; and A. H. Robins Company, Incorporated v. Myra Sumlin; Smith Circuit Court; LC Case #: 2002-351; Ruling Date: 12/17/2004; Ruling Judge: Robert Evans; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion.

Gary Dean Lambert v. State of Mississippi; Covington Circuit Court; LC Case #: 2299; Ruling Date: 01/30/1999; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by the appellant is denied. Diaz, J., would grant. Graves, J., not participating.

Alan Michael Rubenstein v. State of Mississippi; Pike Circuit Court; LC Case #: 98-57-KA; Ruling Date: 02/05/2000; Ruling Judge: Keith Starrett; Disposition: Motion for rehearing filed by State of Mississippi is denied. Smith, C.J., Easley and Randolph, JJ., would grant.

Brian Spears a/k/a Glendrick O'Bryan Spears v. State of Mississippi; Quitman Circuit Court; LC Case #: 2004-0007; Ruling Date: 03/18/2004; Ruling Judge: Larry Lewis; Majority Opinion: Easley, J. Disposition: The judgment of the Court of Appeals is reversed. Conviction of burglary of a dwelling and sentence of nine (9) years, with six (6) years to serve and the last three (3) year suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Quitman County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Graves, J.. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Joseph Eugene Osborne v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 499-03; Ruling Date: 04/08/2004; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Joseph Eugene Osborne is denied. To Deny: All Justices. Order entered.

O'Neal Biggs v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,198(3)(1); Ruling Date: 04/15/2004; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by O'Neal Biggs is denied. To Deny: All Justices. Order entered.

Edward Sessom a/k/a Wayne Sessom v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2004-739CD; Ruling Date: 12/16/2004; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Edward Sessom is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Order entered.

Capital One Services, Inc., and Capital One Bank v. Eartha Page; Covington Circuit Court; LC Case #: 2003-181C; Ruling Date: 01/10/2005; Ruling Judge: Robert Evans; Majority Opinion: Cobb, P.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

Daniel Athion Watkins v. Carlene Kim (Nee: Benson) Watkins; Chickasaw Chancery Court 1st District; LC Case #: 2003-0111-1C; Ruling Date: 01/05/2005; Ruling Judge: Dorothy Colom; Disposition: Petition for writ of certiorari filed by counsel for Daniel Athion Watkins is denied. To Deny: All Justices. Order entered.

Albert Edmond v. Patricia Miller and Mississippi Parole Board; Sunflower Circuit Court; LC Case #: 2004-0251-M; Ruling Date: 02/01/2005; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Albert Edmond is denied. To Deny: All Justices. Order entered.

Willie Mae Veal, Individually and as Administratrix of the Estate of Willie Mae Smith, for the Use and Benefit of the Estate and Wrongful Death Beneficiaries of Willie Mae Smith v. J. P. Morgan Trust Company, N.A. f/k/a Chase Manhattan Trust Company, National Association; Eaton Vance Corp., Eaton Vance Municipals Trust, Eaton Vance Municipals Trust II, and James B. Hawkes, as Trustee; Washington Circuit Court; LC Case #: CI2002-484; Ruling Date: 03/03/2005; Ruling Judge: W. Hines; Disposition: Motion to Remove Counsel filed by D. Bryant Chaffin, counsel for appellant is denied. Carlson and Dickinson, JJ., not participating. Order entered.

Salvador Arceo, M.D. and St. Dominic - Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, Individually, and on Behalf of the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-518 CIV; Ruling Date: 03/03/2005; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by Myrtis Tolliver is denied. The original opinions are withdrawn, and these opinions are substituted therefor. Reversed and Rendered. Diaz and Graves, JJ., would grant.

Salvador Arceo, M.D. and St. Dominic - Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, Individually, and on Behalf of the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-518 CIV; Ruling Date: 03/03/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, J. Dissenting Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion.

C. D. Pickle, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 2004-0169-CICI; Ruling Date: 04/11/2005; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed pro se by C. D. Pickle, Jr., is denied. To Deny: All Justices. Order entered.

Andrew H. Crenshaw, M.D. v. Michael A. Roman and Eva E. Roman; Marshall Circuit Court; LC Case #: M2002-645; Ruling Date: 09/20/2005; Ruling Judge: Henry Lackey; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz and Graves, JJ., Dissent Without Separate Written Opinion.

In Re: William C. Walter, Attorney; Madison Chancery Court; LC Case #: 99-227; Ruling Date: 01/20/2006; Ruling Judge: William Lutz; Disposition: Motion to Dismiss filed by Angela C. Walter is granted. Angela C. Walter is taxed with all costs of this appeal. Graves, J., not participating. Carlson, J., for the Court. Order entered.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 9610440(3); Ruling Date: 09/02/1997; Ruling Judge: Bill Jones; Disposition: Motion for Post-Conviction Relief filed pro se by Gary Carl Simmons, Jr., is denied. See Opinion of this Court handed down this date.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 9610440(3); Ruling Date: 09/02/1997; Ruling Judge: Bill Jones; Majority Opinion: Smith, C.J. Disposition: Leave to Seek Post-Conviction Relief, Denied. Jackson County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

Sherry Scales v. Lackey Memorial Hospital; Scott Circuit Court; LC Case #: 2003-CV-107-SC-C; Ruling Date: 04/06/2006; Ruling Judge: V. Cotten; Disposition: On the Court's own motion, counsel for appellant shall show cause, on or before November 22, 2006, why this appeal should not be dismissed or appellant otherwise sanctioned for failure to comply with M.R.A.P. 10. Counsel for appellee shall show cause, on or before November 22, 2006, why appellee's motion to review appellate record should not be dismissed for appellee's failure to bring appellant's non-compliance to the attention of the Court prior to transmission of the record to the Supreme Court. Diaz, J., would grant. Easley, J., would deny. Graves, J., not participating. Show Cause Order entered.