11/29/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2006-KA-01730-SCT

Kendrick Graves v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-936; Ruling Date: 05/09/2006; Ruling Judge: Winston Kidd; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of shooting into vehicle and sentence of five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with the sentence imposed in Count I. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 06/27/2006; Ruling Judge: Kenneth Burns; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ., Concur. Easley, J., not participating.

Lawrence Scheel v. City of Florence; Rankin Circuit Court; LC Case #: 17,921; Ruling Date: 02/05/2007; Ruling Judge: Samac Richardson; Majority Opinion: Graves, J. Disposition: Conviction of driving under the influence of intoxicating liquor, first offense, and sentence of forty-eight (48) hours in the Rankin County Jail which was suspended, Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Mark Allen Debrow v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-825-CR; Ruling Date: 02/11/2005; Ruling Judge: Michael McPhail; Majority Opinion: Diaz, P.J. Disposition: Conviction of felony driving under the influence and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without the benefit or possibility of parole or early release, Affirmed. Forrest County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Kimberly Gates v. Al's Bail Bonding Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-04-430CIV; Ruling Date: 10/30/2006; Ruling Judge: W. Yerger; Majority Opinion: Diaz, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Rosie Thomas, Individually and on Behalf of the Wrongful Death Beneficiaries of Wilson Thomas, Jr., Deceased v. The Columbia Group, LLC; The Columbia Group, LLC d/b/a Shady Lane Apartments; Yazoo Circuit Court; LC Case #: 2004-CI 57; Ruling Date: 08/23/2006; Ruling Judge: Mike Smith; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee 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.

Charles Lavel Stringer v. American Bankers Insurance Company of Florida and Sidney Johnson; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 05/03/2000; Ruling Judge: W. Yerger; Consolidated with 2005-CT-01345-SCT Charles Lavel Stringer v. American Bankers Insurance Company of Florida; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 02/01/2005; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Charles Lavel Stringer is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Not Participating: Graves, J. Order entered.

Marilyn Busby v. Patricia Anderson, Executrix of the Estate of William Burnley, Deceased; Washington Circuit Court; LC Case #: 94-13,088(H)(W); Ruling Date: 04/18/2000; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by Patricia Anderson, Executrix of the Estate of William Burnley, Deceased, is granted. To Grant: Smith, C.J., Easley, Carlson, Randolph and Lamar, JJ. To Deny: Waller and Diaz, P.JJ., Graves and Dickinson, JJ. Order entered.

William T. LaRue as the Representative of the Estate of Ike P. LaRue, Jr., Deceased v. Maritta C. LaRue (Cutrer); Jackson Chancery Court; LC Case #: 2003-0133 GB; Ruling Date: 11/02/2004; Ruling Judge: Glenn Barlow; Disposition: Petition for writ of certiorari filed by William T. LaRue, as Representative of the Estate of Ike P. LaRue, Jr., deceased, is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Elizabeth M. Fleming v. Brandy M. Thomas Floyd; Jackson Circuit Court; LC Case #: CI 2000,00385(3); Ruling Date: 12/06/2004; Ruling Judge: Dale Harkey; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Jackson County Circuit Court is Reinstated and Affirmed. Elizabeth M. Fleming taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Olan Callins v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR03-026; Ruling Date: 09/27/2005; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., and Graves, J. Order entered.

Douvell Lamon Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-261; Ruling Date: 12/09/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J., and Easley, J. Order entered.

Charles Lavel Stringer v. American Bankers Insurance Company of Florida; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 02/01/2005; Ruling Judge: W. Yerger; Consolidated with 2000-CT-00496-SCT Charles Lavel Stringer v. American Bankers Insurance Company of Florida and Sidney Johnson; Hinds Circuit Court 1st District; LC Case #: 92-72-467; Ruling Date: 05/03/2000; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Charles Lavel Stringer is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Not Participating: Graves, J. Order entered.

Kim Lashan Gilliland v. Roger Neal Gilliland; Oktibbeha Chancery Court; LC Case #: 2002-0014-B; Ruling Date: 07/21/2005; Ruling Judge: Kenneth Burns; Disposition: Petition for writ of certiorari filed by counsel for Kim Lashan Gilliland is denied. To Deny: All Justices. Order entered.

Ricardo Terrell a/k/a Recarido Terrell v. State of Mississippi; Copiah Circuit Court; LC Case #: 2005-0024CR-A; Ruling Date: 07/25/2005; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed pro se by Ricardo Terrell is denied. To Deny: All Justices. Order entered.

Jerome White a/k/a Tyrone White v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-607(D); Ruling Date: 03/14/2005; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Jerome White is denied. To Deny: All Justices. Order entered.

Total Transportation, Inc. of Mississippi and Protective Insurance Company v. Gerry Lynn Shores, Widow and Dependent of Phillip Shores, Deceased; Rankin Circuit Court; LC Case #: 2005-99-R; Ruling Date: 09/19/2005; Ruling Judge: Samac Richardson; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., and Graves, J., would grant.

Derrick Brown a/k/a Derrick Latory Brown a/k/a Dedrick Brown v. State of Mississippi; Tate Circuit Court; LC Case #: CR2004-127-BT; Ruling Date: 11/04/2005; Ruling Judge: Andrew Baker; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Apeals is Reversed and the Judgment of the Tate County Circuit Court is Reinstated and Affirmed. Conviction of the sale of a controlled substance, cocaine, and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with six (6) years suspended pending future good behavior and other conditions, Affirmed. Appellant shall pay a fine of $5,000.00 and a lab fee of $125.00. Tate 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.

River Region Medical Corporation d/b/a Parkview Regional Medical Center v. Thomas Patterson; Warren Circuit Court; LC Case #: 02-0002-CT; Ruling Date: 12/19/2005; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, P.J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

Shelton Wilder v. Board of Trustees of the Hazlehurst City School District; Copiah Chancery Court; LC Case #: 2005-072; Ruling Date: 12/08/2005; Ruling Judge: Edward Patten, Jr.; Disposition: Petition for writ of certiorari filed by Shelton Wilder is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Grant: Graves, J. Order entered.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00420-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Disposition: Appellee's Supplemental Motion to Dismiss the Appeal of Forrest Hill Nursing Center and Long Term Care Management, LLC, is granted. This Court's docket numbers 2006-IA-00364-SCTand 2006-IA-00420-SCT are hereby dismissed upon entry of this order. All costs of the appeal are hereby assessed to the appellants. Appellee's Motion for Additional Time is dismissed as moot. Diaz, P.J., for the Court. Order entered.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00420-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Disposition: Appellee's Supplemental Motion to Dismiss the Appeal of Forrest Hill Nursing Center and Long Term Care Management, LLC, is granted. This Court's docket numbers 2006-IA-00364-SCTand 2006-IA-00420-SCT are hereby dismissed upon entry of this order. All costs of the appeal are hereby assessed to the appellants. Appellee's Motion for Additional Time is dismissed as moot. Diaz, P.J., for the Court. Order entered.

David Barnes v. State of Mississippi; Covington Circuit Court; LC Case #: 2001-51K; Ruling Date: 02/27/2006; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed pro se by David Barnes is dismissed. Order entered.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00364-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Appellee's Supplemental Motion to Dismiss the Appeal of Forrest Hill Nursing Center and Long Term Care Management, LLC, is granted. This Court's docket numbers 2006-IA-00364-SCTand 2006-IA-00420-SCT are hereby dismissed upon entry of this order. All costs of the appeal are hereby assessed to the appellants. Appellee's Motion for Additional Time is dismissed as moot. Diaz, P.J., for the Court. Order entered.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00364-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Appellee's Supplemental Motion to Dismiss the Appeal of Forrest Hill Nursing Center and Long Term Care Management, LLC, is granted. This Court's docket numbers 2006-IA-00364-SCTand 2006-IA-00420-SCT are hereby dismissed upon entry of this order. All costs of the appeal are hereby assessed to the appellants. Appellee's Motion for Additional Time is dismissed as moot. Diaz, P.J., for the Court. Order entered.

James C. P. Hartman, Deceased v. Ned G. McInnis, Jr., AND BancorpSouth v. Ned G. McInnis, Jr., Mary Deane McInnis, Ron Nelson and James C. P. Hartman, Deceased and Ronson Construction System, Inc.; Forrest Chancery Court; LC Case #: 04-0212-GN-D; Ruling Date: 01/28/2006; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Smith, C.J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Reversed and Remanded. Ned G. McInnis, Jr., and Mary Deane McInnis taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., and Lamar, J., Concur. Carlson, J., Concurs in Part Without Separate Written Opinion. Graves, J., Concurs in Result Only. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlson, J. Easley and Randolph, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Dickinson, J. Votes: Carlson, J., Joins This Opinion.

The Estate of Stacey Kay Klaus by Alta Klaus, Administratrix and Alta Klaus as Personal Representative of the Wrongful Death Beneficiaries of Stacey Kay Klaus v. Vicksburg Healthcare, LLC d/b/a River Region Health Systems, River Region Medical Corporation, Triad Hospitals, Inc., Stephanie Vanderford, R.N., and Eugene Ferris, III, M.D.; Warren Circuit Court; LC Case #: 05,0240-CI; Ruling Date: 04/04/2006; Ruling Judge: Frank Vollor; Majority Opinion: Randolph, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

William Golden, Jr. a/k/a William Howard Golden, Jr. v. State of Mississippi; Clay Circuit Court; LC Case #: 8741; Ruling Date: 04/12/2006; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed pro se by William Golden, Jr., is denied.

Pursue Energy Corporation v. Mississippi State Tax Commission; Rankin Chancery Court; LC Case #: 55,919; Ruling Date: 07/27/2006; Ruling Judge: Thomas Zebert; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., would grant.

Community Hospital of Jackson, Mississippi d/b/a Community Nursing Home Foundation, Inc., Michelle Daniel and Derwood Boyles v. Bernadette Goodlett, by and on behalf of Sarah Goodlett; Hinds Circuit Court 1st District; LC Case #: 251-05-884; Ruling Date: 08/30/2006; Ruling Judge: Tomie Green; Consolidated with 2006-CA-01629-SCT Community Hospital of Jackson, Mississippi d/b/a Community Nursing Home Foundation, Inc., Michelle Daniel and Derwood Boyles v. Bernadette Goodlett, by and on behalf of Sarah Goodlett; Hinds Circuit Court 1st District; LC Case #: 251-05-884CI; Ruling Date: 08/30/2006; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., and Graves, J., would grant. Waller, P.J., not participating.

Community Hospital of Jackson, Mississippi d/b/a Community Nursing Home Foundation, Inc., Michelle Daniel and Derwood Boyles v. Bernadette Goodlett, by and on behalf of Sarah Goodlett; Hinds Circuit Court 1st District; LC Case #: 251-05-884CI; Ruling Date: 08/30/2006; Ruling Judge: Tomie Green; Consolidated with 2006-IA-01596-SCT Community Hospital of Jackson, Mississippi d/b/a Community Nursing Home Foundation, Inc., Michelle Daniel and Derwood Boyles v. Bernadette Goodlett, by and on behalf of Sarah Goodlett; Hinds Circuit Court 1st District; LC Case #: 251-05-884; Ruling Date: 08/30/2006; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., and Graves, J., would grant. Waller, P.J., not participating.

Shawn Richard O'Hara v. The Forrest County Democratic Party; Forrest Circuit Court; LC Case #: CI07-0065; Ruling Date: 06/25/2007; Ruling Judge: Thomas Gardner, III; Disposition: On the Court's own motion, this appeal is dismissed upon entry of this order. All costs of this appeal are assessed to Appellant, Shawn Richard O'Hara. Easley, J., objects. Graves, J., not participating. Dickinson, J., for the Court. Order entered.

Bill Cockrell v. Allen B. Couch, Jr., in His Individual Capacity; DeSoto County Court; LC Case #: CO2005-1121; Ruling Date: 06/13/2007; Ruling Judge: Joseph Webster; Disposition: Petition to this Court En Banc to Rehear the Order of Justice Carlson on Denying to Recuse Himself filed by Bill Cockrell is denied. To Deny: All Justices. Order entered.

Bill Cockrell v. George B. Ready, in His Individual Capacity; DeSoto County Court; LC Case #: CO2005-0866; Ruling Date: 06/15/2007; Ruling Judge: Joseph Webster; Disposition: Petition to This Court En Banc to Rehear the Order of Justice Carlson on Denying to Recuse Himself filed by Bill Cockrell is denied. To Deny: All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Judy Case Martin; Disposition: Motion to Withdraw the Commission's Petition for Interim Suspension filed by counsel for the Mississippi Commission on Judicial Performance is denied. Easley, J., would grant. Diaz, P.J., not participating. Order entered.

Gilmore Memorial Hospital, Inc., Gilmore Health Services, Inc., Gilmore Health System, Inc., Gilmore Chickasaw Health Services, Inc. d/b/a Shearer-Richardson Memorial Nursing Home and Judy Dunn v. Billy Ray Mosby, Individually and as Administrator of the Estate of Willie D. Mosby, Deceased; Chickasaw Circuit Court 2nd District; LC Case #: 0-2007-016; Ruling Date: 09/25/2007; Ruling Judge: Henry Lackey; Disposition: Petition for Permission to Appeal Interlocutory Order filed by counsel for petitioners is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The Petitioners' Request for a Stay is granted. All proceedings in cause number 02007-016, Circuit Court of Chickasaw County are stayed pending this Court's decision in the interlocutory appeal. Diaz, P.J., Easley and Graves, JJ., would deny. Order entered.

Gilmore Memorial Hospital, Inc., Gilmore Health Services, Inc., Gilmore Health System, Inc., Gilmore Chickasaw Health Services, Inc. d/b/a Shearer-Richardson Memorial Nursing Home and Judy Dunn v. Billy Ray Mosby, Individually and as Administrator of the Estate of Willie D. Mosby, Deceased; Chickasaw Circuit Court 2nd District; LC Case #: 0-2007-016; Ruling Date: 09/25/2007; Ruling Judge: Henry Lackey; Disposition: Petition for Permission to Appeal Interlocutory Order filed by counsel for petitioners is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The Petitioners' Request for a Stay is granted. All proceedings in cause number 02007-016, Circuit Court of Chickasaw County are stayed pending this Court's decision in the interlocutory appeal. Diaz, P.J., Easley and Graves, JJ., would deny. Order entered.