12/04/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2007-CA-00905-SCT

W. W. Warren v. Robert Derivaux; Hinds Chancery Court 1st District; LC Case #: G2006-2112; Ruling Date: 05/02/2007; Ruling Judge: Denise Owens; Majority Opinion: Lamar, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Reversed and Rendered. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Gus Wilkins, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-520-CR1; Ruling Date: 09/06/2007; Ruling Judge: Lee Howard; Majority Opinion: Randolph, J. Disposition: Conviction of Sexual Battery and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, with Five (5) Years Post-Release Supervision, with conditions, Affirmed. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., not participating.

Watson Quality Ford, Inc. v. Carlos Casanova and Shirley Casanova; Hinds Circuit Court 1st District; LC Case #: 251-03-595 CIV; Ruling Date: 06/21/2007; Ruling Judge: Tomie Green; Consolidated with 2007-IA-01172-SCT Ford Motor Company v. Carlos Casanova and Shirley Casanova; Hinds Circuit Court 1st District; LC Case #: 251-03-595 CIV; Ruling Date: 06/21/2007; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Lamar, JJ., Concur. Randolph, J., Concurs in Part. Diaz, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Easley and Graves, JJ.; Randolph, J. Joins In Part. Concurring in Part and Dissenting in Part Opinion: Diaz, P.J. Votes: Easley and Graves, JJ., Join This Opinion. Randolph, J., Joins This Opinion in Part.

Cornelius Young v. State of Mississippi; Yazoo Circuit Court; LC Case #: 24-9548; Ruling Date: 03/24/2005; Ruling Judge: Jannie Lewis; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Yazoo County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

State of Mississippi v. J.L.M.; Pearl River Circuit Court; LC Case #: K2006-652E; Ruling Date: 06/11/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Carlson, Graves and Dickinson, JJ., Concur. Smith, C.J., Concurs in Part. Randolph and Lamar, JJ., Concur in Part and in Result. Easley, J., Dissents Without Separate Written Opinion. Carlson, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ. Specially Concurring Opinion: Carlson, J. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Join This Opinion.

North Mississippi Medical Center, Inc., Elizabeth Brown, Executrix of the Estate of Alan Paul Brown, M.D., Deceased v. Janice Caldwell and Robert C. Caldwell; Lee Circuit Court; LC Case #: CV06-072GL; Ruling Date: 08/13/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

J.D. Gully v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 112-07; Ruling Date: 01/08/2008; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of Sale of Schedule IIl Controlled Substance and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, with Twelve (12) Years suspended, Eight (8) Years to serve, Five (5) Years supervised probation, with conditions, and pay a fine of $5,000, court costs and fees, Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

William G. Scott a/k/a William Scott v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-1-149-00 TTG; Ruling Date: 03/31/2005; Ruling Judge: Tomie Green; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of Hinds County is Reinstated and Affirmed. Conviction of capital murder and sentence of life imprisonment, without the possibility of parole, in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves and Dickinson, JJ., Concur in Result Only Without Separate Written Opinion. Diaz, P.J., Dissents Without Separate Written Opinion.

Willie Lee Brooks v. Ronnie Pennington, as Sheriff of Rankin County, Mississippi, Rankin County, Mississippi, and Western Surety Company; Rankin Circuit Court; LC Case #: 2005-230; Ruling Date: 02/16/2006; Ruling Judge: William Chapman, III; Disposition: This Court granted the petition for writ of certiorari filed by counsel for the appellees on September 4, 2008. On the Court's own motion, the Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by counsel for the appellees is dismissed as improvidently granted. Dickinson, J., Disagrees. Smith, C.J., not participating. Waller, P.J., for the Court. Order entered.

Merlean Marshall, Alphonzo Marshall and Eric Shepard, Individually and on Behalf of All Wrongful Death Beneficiaries of Lucy Shepard, Deceased v. Kansas City Southern Railways Company, Eric W. Robinson, The Estate of Robert Everett and C.L. Duett; Scott Circuit Court; LC Case #: 2004-CV-312-SC-G; Ruling Date: 01/10/2006; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Merlean Marshall, Alphonzo Marshall and Eric Shepard is granted. To Grant: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny: Smith, C.J. Order entered.

Sheryl Stevison v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-1030-CIV-BD; Ruling Date: 04/10/2006; Ruling Judge: Bobby DeLaughter; Disposition: The petition for writ of certiorari filed by appellee was granted by order of this Court on June 19, 2008. On the Court's own motion, the Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by appellee is dismissed as improvidently granted. Easley and Dickinson, JJ., disagree. Lamar, J., for the Court. Order entered.

Illinois Central Railroad Company v. Martha Moore, Administratrix of the Estate of Willie B. Moore, Deceased; Amite Circuit Court; LC Case #: 97-0006-S; Ruling Date: 05/09/2006; Ruling Judge: Lillie Sanders; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., Easley and Graves, JJ., would grant.

Jonathan Craig Gray, Individually and on Behalf of all Wrongful Death Beneficiaries of Hughlene Gray, Deceased v. The University of Mississippi School of Medicine and The University of Mississippi Medical Center Hospitals Division of the State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-06-28CIV; Ruling Date: 08/15/2006; Ruling Judge: W. Yerger; Disposition: This Court granted the petition for writ of certiorari filed by counsel for Jonathan Craig Gray, individually and on behalf of all wrongful death beneficiaries of Hughlene Gray, deceased, on August 28, 2008. On the Court's own motion, the Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by counsel for Jonathan Craig Gray, individually and on behalf of all wrongful death beneficiaries of Hughlene Gray, deceased, is dismissed as improvidently granted. Easley, J., for the Court. Order entered.

Kevie Cory Davis v. State of Mississippi; Sharkey Circuit Court; LC Case #: 3076; Ruling Date: 05/08/2006; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by Kevie Cory Davis is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Smith, C.J. Order entered.

Forest Hill Nursing Center, Inc., Long Term Care Management, LLC, Hugh Franklin, Scott A. Lindsey and Rhonda Bounds v. Mary Louise McFarlan and Patricia Mathews; Hinds Circuit Court 1st District; LC Case #: 251-04-851CIV; Ruling Date: 01/31/2007; Ruling Judge: Bobby DeLaughter; Disposition: Joint motion to dismiss the petition for writ of certiorari is granted. Order entered.

Forest Hill Nursing Center, Inc., Long Term Care Management, LLC, Hugh Franklin, Scott A. Lindsey and Rhonda Bounds v. Mary Louise McFarlan and Patricia Mathews; Hinds Circuit Court 1st District; LC Case #: 251-04-851CIV; Ruling Date: 01/31/2007; Ruling Judge: Bobby DeLaughter; Disposition: Joint motion to dismiss the petition for writ of certiorari is granted. Order entered.

Kerry Louis Morgan a/k/a Bones v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CV2006-0073BY1; Ruling Date: 02/28/2007; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed pro se by Kerry Louis Morgan is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Lamar, J. Order entered.

Johnson Electric Automotive, Inc., and Zurich American Insurance Company v. Betty Colebrook; Lowndes Circuit Court; LC Case #: 2006-0063-CV1; Ruling Date: 03/07/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Johnson Electric Automotive, Inc., and Zurich American Insurance Company 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.

Stanley Morgan v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 15-13; Ruling Date: 03/02/2007; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Stanley Morgan is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Randolph and Lamar, JJ. To Dismiss as Untimely Filed: Carlson, Graves and Dickinson, JJ. Order entered.

William Nelson, III a/k/a Billy Nelson v. State of Mississippi; Jackson Circuit Court; LC Case #: 2006-10,645(3)(1); Ruling Date: 05/16/2007; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by counsel for William Nelson 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.

Double J Farmlands, Inc. v. Paradise Baptist Church, et al. and Betty Downs Tyler; Tate Chancery Court; LC Case #: 06-02-0045PL; Ruling Date: 09/05/2007; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Lamar, J., not participating.

Mississippi Commission on Judicial Performance v. Judy Case Martin; Disposition: The joint motion for rehearing is granted. The previous order entered by this Court on February 28, 2008, is dismissed and these opinions are substituted therefor. Smith, C.J., and Diaz, P.J., not participating.

Mississippi Commission on Judicial Performance v. Judy Case Martin; Majority Opinion: Dickinson, J. Disposition: The joint motion for rehearing is granted. The order previously entered by this Court on February 28, 2008, is dismissed and these opinions are substituted therefor. Dismissed. Appellant and appellee taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Carlson and Dickinson, JJ. Smith, C.J., and Diaz, P.J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Carlson and Dickinson, JJ., Join This Opinion.

Jimmy Bullock v. AIU Insurance Company, The Gottfried Corporation and AIG Claim Services, Inc.; Disposition: The motion for rehearing filed by appellees is denied. The original opinions are withdrawn and these opinions are substituted therefor. Certified Question Answered. Smith, C.J., Carlson and Dickinson, JJ., would grant.

Jimmy Bullock v. AIU Insurance Company, The Gottfried Corporation and AIG Claim Services, Inc.; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Certified Question Answered. Appellant and appellee taxed with costs of appeal. Votes: Diaz, P.J., Easley, Graves, Randolph and Lamar, JJ., Concur. Carlson, J., Dissents With Separate Written Opinion Joined by Smith, C.J., and Dickinson, J. Dissenting Opinion: Carlson, J. Votes: Smith, C.J., and Dickinson, J., Join This Opinion.

In the Interest of P.P. and A.P.; Warren Youth Court; LC Case #: 07-229; Ruling Date: 05/16/2008; Ruling Judge: John Price, Jr.; Disposition: Second Petition for Interlocutory Appeal, which shall be considered as a motion for reconsideration, filed by Richard Davenport 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.