12/01/2005 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  3-DP-00065-SCT

John B. Nixon, Sr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 1809; Ruling Date: 03/26/1986; Ruling Judge: Alfred Nicols, Jr.; Disposition: State of Mississippi's Motion to Reset Execution Date is granted. December 14, 2005, is hereby set as the date for execution of John B. Nixon, Sr., in the manner provided by law. This order shall serve as the warrant of execution of John B. Nixon, Sr. Not Participating: Diaz, J. Order entered.

Justin Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: Samac Richardson; Disposition: Petitioner's Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Justin Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: Samac Richardson; Disposition: Amended and Restated Application for Leave to File Motion to Vacate Conviction and Sentence filed by Petitioner is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Justin Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: Samac Richardson; Majority Opinion: Smith, C.J. Disposition: Leave to Seek Post-Conviction Relief, Denied. Madison County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, 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; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Count II: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections together with payment of a fine of $10,000.00, all other costs and court costs, Affirmed. Count III: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts II and III shall run consecutively with each other and with the sentence in Count I. Pike County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ., Concur. Cobb, P.J., and Graves, J., Concur in Result Only. Dickinson, J., Specially Concurs With Separate Written Opinion. Diaz, J., not participating. Specially Concurring Opinion: Dickinson, J.

Alfa Insurance Corporation v. Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Kenneth Ryals, Deceased, and Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Georgia Ryals, Deceased; Forrest Circuit Court; LC Case #: CI99-0136; Ruling Date: 08/13/2002; Ruling Judge: Robert Goza, Jr.; Disposition: Appellee's Motion for Leave to File Reply is denied. Smith, C.J., Diaz and Randolph, JJ., not participating. Order entered.

Alfa Insurance Corporation v. Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Kenneth Ryals, Deceased, and Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Georgia Ryals, Deceased; Forrest Circuit Court; LC Case #: CI99-0136; Ruling Date: 08/13/2002; Ruling Judge: Robert Goza, Jr.; Disposition: Appellant's Consolidated Response to Appellee's Motion for Leave to File Reply and Motion to Strike is dismissed as moot. Smith, C.J., Diaz and Randolph, JJ., not participating. Order entered.

Alfa Insurance Corporation v. Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Kenneth Ryals, Deceased, and Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Georgia Ryals, Deceased; Forrest Circuit Court; LC Case #: CI99-0136; Ruling Date: 08/13/2002; Ruling Judge: Robert Goza, Jr.; Disposition: Motion for Rehearing filed by appellee is denied. Easley and Graves, JJ., would grant. Smith, C.J., Diaz and Randolph, JJ., not participating. Opinion modified at paragraphs 4 and 8.

Jerald D. McKinley v. The Lamar Bank, James S. Welch, Jr., and George Gunter; Lamar Circuit Court; LC Case #: 2001-166; Ruling Date: 10/29/2002; Ruling Judge: Michael Eubanks; Disposition: The Motion for Rehearing filed by Jerald D. McKinley is granted. The original opinion is withdrawn, and this opinion is substituted therefor. As to George Gunter, the Judgment of the Court of Appeals is Reversed, and the Judgment of the Lamar County Circuit Court is Reinstated and Affirmed. Easley and Graves, JJ., would deny. Diaz, J., not participating.

Jerald D. McKinley v. The Lamar Bank, James S. Welch, Jr., and George Gunter; Lamar Circuit Court; LC Case #: 2001-166; Ruling Date: 10/29/2002; Ruling Judge: Michael Eubanks; Majority Opinion: Carlson, J. Disposition: The Motion for Rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor. As to George Gunter, the Judgment of the Court of Appeals is Reversed, and the Judgment of the Lamar County Circuit Court is Reinstated and Affirmed. Jerald McKinley taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Cobb, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Oliver Johns, Jr. v. State of Mississippi; Pike Circuit Court; LC Case #: 03-022-B; Ruling Date: 03/06/2003; Ruling Judge: Mike Smith; Disposition: Petition for Writ of Certiorari filed by Oliver Johns, Jr., is hereby granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Deny: Randolph, J. Diaz and Easley, JJ., Not Participating. Order entered.

Harvey F. Garlotte v. State of Mississippi; Marion Circuit Court; LC Case #: MISC.10-2003; Ruling Date: 06/16/2003; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed pro se by Harvey F. Garlotte is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Daniel Meyers v. American States Insurance Company, American Economy Insurance Company and Safeco Insurance Company of America; Jackson Circuit Court; LC Case #: CI-95-0179(1); Ruling Date: 07/15/2003; Ruling Judge: Dale Harkey; Disposition: Motion for Rehearing filed by appellant is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating. Opinion modified at paragraphs 6, 7 and 22.

Talmage F. Blackwell v. State of Mississippi; Newton Circuit Court; LC Case #: 02-CR-018-NWG; Ruling Date: 08/07/2003; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by counsel for Talmage F. Blackwell is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Sammy Coleman a/k/a Sammy Dean Coleman v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4993; Ruling Date: 07/30/2003; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Sammy Coleman is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Scott Anthony Foley v. State of Mississippi; DeSoto Circuit Court; LC Case #: Cr 2003-89 R/D; Ruling Date: 02/06/2004; Ruling Judge: George Ready; Consolidated with 2004-KA-00070-SCT Scott Anthony Foley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2003-89; Ruling Date: 12/17/2003; Ruling Judge: George Ready; Disposition: Motion for Rehearing filed by appellant is denied. Diaz, J., not participating.

Alfred Hughery, Jr. v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2004-0018LP2; Ruling Date: 03/15/2004; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed pro se by Alfred Hughery, Jr., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz and Carlson, JJ. Order entered.

John Moore a/k/a John Henry Moore v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: HK2002-20; Ruling Date: 03/22/2004; Ruling Judge: Henry Lackey; Disposition: Petition for Writ of Certiorari filed by John Moore is hereby dismissed without prejudice. M.R.A.P. 17(b). Order entered.

Chantey Music Publishing, Inc. v. Malaco, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-92-72-68CIV; Ruling Date: 06/15/2004; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Speedee Cash of Mississippi, Inc. d/b/a Speedee Cash of Pearl v. Charles Williams a/k/a Charlie Williams; Hinds Circuit Court 1st District; LC Case #: 251-04-269CIV; Ruling Date: 08/23/2004; Ruling Judge: Winston Kidd; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Grand Casinos of Mississippi, LLC - Gulfport v. John H. Graf, Jr. and Rhonda Graf; Harrison Circuit Court 1st District; LC Case #: A 2401-2004-00016; Ruling Date: 06/22/2005; Ruling Judge: Stephen Simpson; Disposition: Petition for Interlocutory Appeal filed by counsel for Grand Casinos of Mississippi, LLC-Gulfport is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves and Randolph, JJ. To Grant: Cobb, P.J., Easley and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

John B. Nixon, Sr. v. State of Mississippi; Rankin Circuit Court; LC Case #: 1809; Ruling Date: 03/26/1986; Ruling Judge: Alfred Nicols, Jr.; Disposition: Application for Leave to File Motion to Vacate Death Sentence filed by counsel for John B. Nixon, Sr., is denied. Nixon's request for oral argument is denied. Not Participating: Diaz, J. Easley, J., for the Court. Order entered.