11/18/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2002-CA-00834-SCT

Nancy Powe, Individually and on Behalf of the Wrongful Death Beneficiaries of Cecil Powe, Deceased v. O.W. Byrd, M.D., and The Medical Group Clinic; Clarke Circuit Court; LC Case #: 2001-23R; Ruling Date: 04/01/2002; Ruling Judge: Larry Roberts; Consolidated with 2003-CA-00021-SCT Nancy Powe, Individually and on Behalf of the Wrongful Death Beneficiaries of Cecil Powe, Deceased v. O.W. Byrd, M.D., and The Medical Group Clinic; Clarke Circuit Court; LC Case #: 2002-63(R); Ruling Date: 09/27/2002; Ruling Judge: Larry Roberts; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Waller, P.J., Diaz and Graves, JJ., not participating.

Patsy Montgomery v. State of Mississippi; Lee Circuit Court; LC Case #: CR02-258; Ruling Date: 05/23/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Randolph, J. Disposition: Conviction of Embezzlement and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections with Five (5) Years Suspended, and Five (5) Years to Serve with Five (5) Years Post-Release Supervision, and Payment of a Fine of $1,000.00, Court Costs of $423.50 and Restitution in the amount of $15,000.00, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Robert Burroughs, Individually, Burroughs Diesel, Inc. and Rental Service, Inc. v. H. D. McDaniel, Consolidated Contractors Corporation and McDaniel Investments, Inc.; Jones Chancery Court 2nd District; LC Case #: 960486; Ruling Date: 01/29/2001; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by Robert Burroughs is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Order entered.

Mississippi Commission on Judicial Performance v. Johnny C. Hartzog; LC Case #: 2001-242; Ruling Date: 06/11/2004; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance, granted. Jefferson Davis County Justice Court Judge Johnny C. Hartzog shall be publicly reprimanded in open court by the Presiding Judge of the Jefferson Davis County Circuit Court on the first day of the next term of that court after this decision becomes final, shall pay the costs of this proceeding of $100.00, and shall pay a fine of $4056.30 to Jefferson Davis County. See Opinion of this Court handed down this date. Diaz and Graves, JJ., not participating.

Mississippi Commission on Judicial Performance v. Johnny C. Hartzog; LC Case #: 2001-242; Ruling Date: 06/11/2004; Ruling Judge: Patricia Wise; Majority Opinion: Waller, P.J. Disposition: Jefferson Davis County Justice Court Judge Johnny C. Hartzog shall be publicly reprimanded in open court by the Presiding Judge of the Jefferson Davis County Circuit Court on the first day of the next term of that court after this decision becomes final, shall pay the costs of this proceeding of $100.00, and shall pay a fine of $4056.30 to Jefferson Davis County. Johnny C. Hartzog taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Hardaway Company and St. Paul Fire and Marine Insurance Company v. Harvey Bradley; Hinds Circuit Court 1st District; LC Case #: 251-99-749; Ruling Date: 05/09/2002; Ruling Judge: Tomie Green; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered. Harvey Bradley taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Dana Irons v. State of Mississippi; Kemper Circuit Court; LC Case #: 2001-CR-21; Ruling Date: 06/21/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Dana Irons is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Charles Sylvester Bell v. State of Mississippi; Forrest Circuit Court; LC Case #: CI01-0244; Ruling Date: 08/06/2002; Ruling Judge: Richard McKenzie; Disposition: Petition for writ of certiorari filed by Charles Sylvester Bell is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

James R. Mayo a/k/a James Ricky Mayo v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 679-01; Ruling Date: 09/24/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for James R. Mayo is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Ray Kirk v. James O. Crump, Individually and in His Official Capacity as Deputy Sheriff of Tunica County, Mississippi, John Pickett, III, Individually and in His Official Capacity as Sheriff of Tunica County, Mississippi, and the County of Tunica, Mississippi, a Political Subdivision of the State of Mississippi; Tunica Circuit Court; LC Case #: 99-0047; Ruling Date: 12/09/2002; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by counsel for James O. Crump is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ. To Grant: Cobb, P.J., and Dickinson, J. Not Participating: Diaz and Graves, JJ. Order entered.

Jeffrey Hubbard a/k/a Jeffrey Salley a/k/a Jeffery Hubbard a/k/a Jeffery Bernard Salley v. State of Mississippi; Calhoun Circuit Court; LC Case #: 2001-108; Ruling Date: 11/20/2002; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Jeffrey Hubbard is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Cobb, P.J., Diaz and Graves, JJ. Order entered.

Clifton T. Torrey, Sr. v. State of Mississippi; Franklin Circuit Court; LC Case #: 02-KR-047; Ruling Date: 02/26/2003; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Easley, J. Disposition: Conviction of Three (3) Counts of Sexual Battery and Sentence of Thirty (30) Years for Each Count or a Total of Ninety (90) Years as a Habitual Offender, WIthout Benefit of Reduction, Suspension, Parole or Probation, in the Custody of the Mississippi Department of Corrections, Affirmed. Franklin County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Carlson, J., Concurs in Result Only. Diaz and Graves, JJ., not participating.

Richard N. Anderson, Jr. a/k/a Richard Netrail Anderson, Jr. v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-042-LE-G; Ruling Date: 09/08/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: Conviction of Sale of Less Than One Ounce of Marijuana and Sentence of Three (3) Years in the Custody of the Mississippi Department of Corrections and Pay a Fine of $3,000.00 and all Costs of Court, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

The Mississippi Bar v. Louis D. Hamric, II; Majority Opinion: Randolph, J. Disposition: Louis D. Hamric, II is hereby disbarred from the practice of law in the State of Mississippi. The Clerk of the Court shall mail certified copies of this order to the Clerks of the Supreme Court of the United States, the United States Court of Appeals for the Fifth Circuit, the United States District Courts for the Northern and Southern Districts of Mississippi, the Circuit Court of DeSoto County and the Chancery Court of DeSoto County. The Clerk of the Court shall send, via certified mail, a certified copy of this order to Louis D. Hamric, II, whose last known address is Post Office Box 770990, Memphis, Tennessee 38177-0990. Louis D. Hamric, II, taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Jameson Inn, Inc., Kitchin Hospitality, LLC and Erica Covington v. Jim and Barbara Doe, Individually, and as Natural Parents of An Doe, a minor; Hinds Circuit Court 1st District; LC Case #: 251-03-1316CIV; Ruling Date: 09/27/2004; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by counsel for petitioners is granted. This matter is remanded to the Circuit Court of the First Judicial District of Hinds County, Mississippi, cause number 251-03-1316-CIV, for an order transferring the matter to the Circuit Court of Rankin County, Mississippi. Respondents are taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.