12/02/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-KA-02416-SCT

Donald Wilson v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2002-19-BY2; Ruling Date: 08/22/2003; Ruling Judge: Andrew Baker; Majority Opinion: Dickinson, J. Disposition: Conviction of attempted aggravated assault with a deadly weapon and sentence of ten (10) years, with the last four (4) years suspended, in the custody of the Mississippi Department of Corrections, Affirmed. Yalobusha County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Paul Eugene Phillips v. Debra Kay Brown Phillips; Lafayette Chancery Court; LC Case #: 2002-363; Ruling Date: 12/04/2003; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Maranatha Faith Center, Inc. v. Colonial Trust Company; Lowndes Chancery Court; LC Case #: 01-0382; Ruling Date: 10/17/2003; Ruling Judge: Robert Lancaster; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Diaz, Easley and Graves, JJ., not participating.

James Jerome Irby a/k/a James J. Irby a/k/a "Mike" v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 077-03; Ruling Date: 05/23/2003; Ruling Judge: Larry Roberts; Majority Opinion: Waller, P.J. Disposition: Conviction of Sale of Cocaine and Sentence of Sixty (60) Years as a Habitual Offender in the Custody of the Mississippi Department of Corrections without hope of parole or probation, and payment of a fine of $10,000.00, costs of $248.00 and lab fee of $300.00, Affirmed. Appellant is given credit for time served. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Rodney Gray v. State of Mississippi; Newton Circuit Court; LC Case #: 4582; Ruling Date: 01/25/1996; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by petitioner, Rodney Gray, is denied. Diaz, J., not participating.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: State's motion for rehearing is granted and this cause is remanded to the Circuit Court of Oktibbeha County for the limited purpose of conducting an evidentiary hearing on the issue of the alleged discovery violation. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

Blaine Brooks v. State of Mississippi; Pike Circuit Court; LC Case #: 01-179-KB; Ruling Date: 10/10/2001; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by counsel for Blaine Brooks is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Eric Clark, Secretary of State, State of Mississippi v. Stephen D. Lee Foundation, a Non-Profit Corporation; Lowndes Chancery Court; LC Case #: 99-0592; Ruling Date: 01/16/2002; Ruling Judge: Jason Floyd, Jr.; Disposition: The motion for rehearing filed by Stephen D. Lee Foundation is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Diaz and Graves, JJ., not participating. See Opinion of this Court handed down this date.

Eric Clark, Secretary of State, State of Mississippi v. Stephen D. Lee Foundation, a Non-Profit Corporation; Lowndes Chancery Court; LC Case #: 99-0592; Ruling Date: 01/16/2002; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Cobb, P.J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 02/15/2002; Ruling Judge: James Gore; Disposition: Motion for rehearing filed by Danny L. Holley is denied. Graves, J., would grant. Diaz and Easley, JJ., not participating.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Motion for rehearing filed by petitioner, William Gerald Mitchell, is denied. Diaz and Graves, JJ., not participating.

Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Treating Deborah Gayle Thornton West's Motion for Clarification as a Motion for Rehearing, the Motion for Rehearing is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Diaz, Graves and Randolph, JJ., not participating. See Opinion of this Court handed down this date.

Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Waller, P.J. Disposition: Treating Deborah Gayle Thornton West's Motion for Clarification as a Motion for Rehearing, the Motion for Rehearing is granted. The prior opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Diaz, Graves and Randolph, JJ., not participating.

Derrick L. Houston a/k/a Derrick Lashaun Houston v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 449-01; Ruling Date: 06/20/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Derrick Houston 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.

Roy Randall Harper a/k/a Roy Randle Harper and John Fred Woolard v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR2001-19-B-12; Ruling Date: 11/12/2002; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by counsel for John Fred Woolard 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.

Larry Vincent Hersick v. State of Mississippi; George Circuit Court; LC Case #: 20-01--10,118(1); Ruling Date: 10/30/2002; Ruling Judge: James Backstrom; Disposition: Motion to Correct or Amend Opinion filed by the State of Mississippi is denied. Diaz and Graves, JJ., not participating. Order entered.

Clara Brown v. State of Mississippi; Pike Circuit Court; LC Case #: 03-023-B; Ruling Date: 02/11/2003; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by Clara Brown is denied. To Deny: Waller, P.J., Easley, Carlson and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Not Participating: Diaz and Graves, JJ. Order entered.

Douglas Long, Edward Long, Richard Long, and Earl Long v. Lori McKinney on Behalf of All Wrongful Death Beneficiaries of Huey P. Long, Deceased; Harrison Circuit Court 1st District; LC Case #: A2401-CI-2002-597; Ruling Date: 12/19/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Carlson, JJ., Concur. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating.

Farmland Mutual Insurance Company v. Mitchell Scruggs, Eddie Scruggs, Scruggs Farm Supply, Inc., Scruggs Farm Joint Venture, HES Farms, Inc., MES Farms, Inc. and MHS Farms, Inc.; Lee Circuit Court; LC Case #: CV01-085 (B)L; Ruling Date: 12/23/2002; Ruling Judge: Richard Bowen; Disposition: Motion for rehearing filed by appellees is denied. Diaz, J., not participating.

Capital One Services, Inc., A Delaware Corporation v. C. J. Rawls and Lula Rawls; Lamar Circuit Court; LC Case #: 2002-344; Ruling Date: 04/29/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Carlson, J. Disposition: Affirmed in Part; Vacated and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz , J., not participating.

Titan Tire of Natchez, Inc. v. Mississippi Commission on Environmental Quality; Hinds Chancery Court 1st District; LC Case #: G-2003-143 0/3; Ruling Date: 05/23/2003; Ruling Judge: Denise Owens; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Claude R. Williams v. Bud Wilson's Mobile Home Service; Harrison Circuit Court 2nd District; LC Case #: A2402-2001-156; Ruling Date: 06/25/2002; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by Claude R. Williams is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Cobb, P.J., Diaz and Graves, JJ. Order entered.

Jamie S. Warnick, M.D. v. Natchez Community Hospital, Inc.; Adams Chancery Court; LC Case #: 98-882; Ruling Date: 02/07/2003; Ruling Judge: George Ward; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Easley, J.

Mayor & Board of Aldermen, City of Clinton, Mississippi v. Scot Welch and Mary Welch; Hinds Circuit Court 1st District; LC Case #: 251-02-1116CIV; Ruling Date: 07/23/2003; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Cobb, P.J., Easley and Randolph, JJ., Concur. Smith, C.J., Concurs in Part. Carlson, J, Dissents with Separate Written Opinion Joined by Waller, P.J. Smith, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined in Part by Waller, P.J., Carlson, Dickinson and Randolph, JJ. Diaz and Graves, JJ., not participating. Dissenting Opinion: Carlson, J. Votes: Waller, P.J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Smith, C.J. Votes: Waller, P.J., Carlson, Dickinson and Randolph, JJ., Join This Opinion in Part.

Gerald W. McIntosh v. Department of Human Services; Kemper Chancery Court; LC Case #: 9033; Ruling Date: 09/17/2003; Ruling Judge: Edward Prisock; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Donald Wilson v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2002-19-BY2; Ruling Date: 08/22/2003; Ruling Judge: Andrew Baker; Disposition: Motion to File Supplemental Brief filed by appellant is granted. Diaz and Graves, JJ., not participating. Order entered.

Betty Ashcraft v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-090; Ruling Date: 02/26/2004; Ruling Judge: William Chapman, III; Disposition: Motion for Reconsideration/Rehearing and to Reinstate Appeal filed by counsel for Betty Ashcraft is denied. Not Participating: Diaz, Easley, Graves and Randolph, JJ. Order entered.

The Commercial Bank, Kemper County, DeKalb, Mississippi v. James Hearn, et al. individually. as administrator of the Estate of Princess Rosa Hearn, deceased, as natural guardian and next friend of Paris A. Hearn, Jennifer R. Hearn, and Joshua Hearn, all minors, and on behalf of all wrongful death beneficiaries and statutory heirs, known and unknown of Princess Rosa Hearn, deceased and Patti A. Hearn; Lauderdale Circuit Court; LC Case #: 02-CV-268B; Ruling Date: 10/06/2004; Ruling Judge: Robert Bailey; Disposition: Petition for interlocutory appeal filed by The Commercial Bank is granted and the appeal shall proceed as required by M.R.A.P. 10 and 11. The notice of appeal shall be deemed to have been filed and the filing fee shall be due and payable to the Clerk of this Court. To Grant: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J. To Deny: Carlson, J. Not Participating: Diaz, Easley, Graves and Randolph, JJ. Order entered.

In Re: WLBT, Inc., d/b/a WLBT- TV.; Madison Circuit Court; LC Case #: 2004-102; Ruling Judge: Marcus Gordon; Disposition: Petition to Stay Sentencing and for Emergency Writ of Mandamus filed by WLBT, Inc., d/b/a WLBT-TV is granted to the extent that the circuit court's order denying television coverage is set aside. WLBT shall be allowed to provide television coverage of the proceedings in accordance with the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings. Request for a stay of the sentencing proceedings scheduled for December 1, 2004, is denied. This order shall issue immediately with opinions to follow. Cobb, P.J., and Easley, J., would deny, with separate opinions to follow. Randolph, J., would deny. Diaz, J., not participating. Order entered.

In Re: WLBT, Inc., d/b/a WLBT- TV.; Madison Circuit Court; LC Case #: 2004-102; Ruling Judge: Marcus Gordon; Disposition: Petition to Stay Sentencing and for Emergency Writ of Mandamus filed by WLBT, Inc., d/b/a WLBT-TV is granted to the extent that the circuit court's order denying television coverage is set aside. WLBT shall be allowed to provide television coverage of the proceedings in accordance with the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings. Request for a stay of the sentencing proceedings scheduled for December 1, 2004, is denied. This order shall issue immediately with opinions to follow. Cobb, P.J., and Easley, J., would deny, with separate opinions to follow. Randolph, J., would deny. Diaz, J., not participating. Order entered.