11/20/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
XX  2007-CP-00920-SCT

Robert D. Evans v. Beverly B. Evans; Washington Chancery Court; LC Case #: 98-0997; Ruling Date: 04/10/2007; Ruling Judge: Billy Bridges; Majority Opinion: Easley, J. Disposition: Affirmed in Part; Reversed and Remanded In Part. Appellant and appellee taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Graves, Randolph and Lamar, JJ., Concur. Carlson and Dickinson, JJ., Concur in Part. Smith, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlson and Dickinson, JJ. Concurring in Part and Dissenting in Part Opinion: Smith, C.J. Votes: Carlson and Dickinson, JJ., Join This Opinion.

James A. Neely and Geneva Neely, Individually and as Heirs-at-Law and the Wrongful Death Beneficiaries of James E. Neely, Deceased v. North Mississippi Medical Center, Inc.; Lee Circuit Court; LC Case #: CV02-112(G)L; Ruling Date: 04/23/2007; Ruling Judge: Thomas Gardner, III; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

Bobbi J. Young and Lynda L. Carter, Next of Kin to Clarence S. Young, Deceased v. Robert R. Meacham, Dr. Gina V. Bray, Robert H. Smith, Stevan I. Hillemstein, Baptist Memorial Hospital-DeSoto and Cardiovascular Physicians of Memphis; DeSoto Circuit Court; LC Case #: CV2001-204 RD; Ruling Date: 06/27/2007; Ruling Judge: Andrew Baker; Majority Opinion: Diaz, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Part and in Result. Smith, C.J., and Lamar, J., not participating.

Jimmie Roach v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-772CRD; Ruling Date: 09/30/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Graves and Dickinson, JJ. Order entered.

Reginald Vernell Rogers v. State of Mississippi; Warren Circuit Court; LC Case #: 05,006SCRP; Ruling Date: 10/14/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by State of Mississippi is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley, Randolph and Lamar, JJ. Order entered.

Magnolia Healthcare, Inc. d/b/a Arnold Avenue Nursing Home; Foundation Health Services, Inc. and Diane Oltremari, Administrator v. Barbara Jean Barnes, by and through Her Relative and Next Friend, Shirley Grigsby, as Conservator of the Estate of Barbara Jean Barnes; Washington Circuit Court; LC Case #: CI205-252; Ruling Date: 02/07/2006; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed by appellants is denied. Diaz, P.J., and Easley, J., would grant.

Richard Broderick Jones v. Nevada Rae Barr Jones; Hinds Chancery Court 1st District; LC Case #: G2004-2398 R/1; Ruling Date: 01/25/2006; Ruling Judge: Stuart Robinson; Majority Opinion: Diaz, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Chancery Court of Hinds County is Affirmed in Part and Reversed and Remanded in Part. Appellant taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, J. Concurring in Part and Dissenting in Part Opinion: Waller, P.J. Votes: Graves, J., Joins This Opinion.

John Charles McGriggs v. State of Mississippi; Warren Circuit Court; LC Case #: 05,0026-CRP; Ruling Date: 06/27/2006; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by John Charles McGriggs is dismissed as untimely. M.R.A.P. 17(b). Order entered.

In The Matter of the Guardianship of Austin Lane, A Minor: William Bush, M.D. v. Brandy Lane, Natural Parent and Legal Guardian of Austin Lane, A Minor; Rankin Chancery Court; LC Case #: 54240; Ruling Date: 11/10/2006; Ruling Judge: John Grant, III; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., and Easley, J., Dissent Without Separate Written Opinion.

Zeonia Williams, Individually and on Behalf of the Wrongful Death Heirs of Anthony Williams, Deceased v. Deborah Skelton, M.D. and Steven J. Patterson, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-05-734CIV; Ruling Date: 12/13/2006; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Zeonia Williams is granted. To Grant: Diaz, P.J., Easley, Carlson, Graves and Lamar, JJ. To Deny: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ. Order entered.

Curtis Lee Williams v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2006-164CD; Ruling Date: 10/30/2006; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for Curtis Lee Williams is denied. To Deny: All Justices. Order entered.

Jureka Brown v. State of Mississippi; Marion Circuit Court; LC Case #: K02-0134-P; Ruling Date: 03/07/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Diaz, P.J. Disposition: Conviction of sale of a controlled substance and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence enhancement of thirty (30) years is vacated and remanded. Marion County taxed with costs of appeal. Votes: Waller, P.J., Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and in Result. Carlson, J., Specially Concurs With Separate Written Opinion Joined by Waller, P.J., Dickinson and Randolph, JJ.; Smith, C.J., Joins In Part. Lamar, J., not participating. Specially Concurring Opinion: Carlson, J. Votes: Waller, P.J., Dickinson and Randolph, JJ., Join This Opinion. Smith, C.J., Joins This Opinion in Part.

Carl Bryan Johnson v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2006-0027-CR-1; Ruling Date: 11/28/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Carl Bryan Johnson is denied. To Deny: All Justices. Order entered.

Shannon Troy Derouen a/k/a Troy Derouen v. State of Mississippi; Jackson Circuit Court; LC Case #: 2005-10,217(1); Ruling Date: 05/02/2007; Ruling Judge: Robert Krebs; Majority Opinion: Graves, J. Disposition: Counts l and ll: Convictions of touching a child for lustful purposes while in a position of trust or authority and sentences of fifteen (15) years in the custody of the Mississippi Department of Corrections, with eight (8) years to serve and balance of sentences to be on post-release supervision, Affirmed. Sentences in Counts l and ll shall run concurrently. Jackson County taxed with costs of appeal. Votes: Part l: Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Smith, C.J., Concurs in Part. Easley, J., Concurs in Part and in Result. Part II: Carlson, J., Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, P.J., and Easley, J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., and Easley, J., Join This Opinion.

Claudia A. Limbert, Individually and in her Official Capacity; Mississippi University for Women and Board of Trustees of Mississippi State Institutions of Higher Learning v. Mississippi University for Women Alumnae Association, Inc.; Lowndes Chancery Court; LC Case #: 2007-0220-C; Ruling Date: 09/28/2007; Ruling Judge: Dorothy Colom; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, P.J., Dickinson and Randolph, JJ., Concur. Diaz, P.J., and Graves, J., Dissent Without Separate Written Opinion. Smith, C.J., Easley and Lamar, JJ., not participating.

In the Matter of the Estate of Howard Griffith, Deceased: Garland Griffith v. Jimmy Griffith and Jerry Griffith; Simpson Chancery Court; LC Case #: 06-085 P1; Ruling Date: 09/04/2008; Ruling Judge: J. Buffington; Disposition: Petition for Interlocutory Appeal filed by counsel for Garland Griffith is granted and the appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The filing fee is due and payable to the Clerk of this Court. To Grant: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Diaz, P.J., and Easley, J. Order entered.