12/07/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-CA-01280-SCT

Glen Dancy v. East Mississippi State Hospital and The Mississippi Department of Mental Health; Lauderdale Circuit Court; LC Case #: 03-CV-112-R; Ruling Date: 06/01/2005; Ruling Judge: Larry Roberts; Majority Opinion: Randolph, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Dismissed as Moot. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only.

Timothy Thompson v. State of Mississippi; Clay Circuit Court; LC Case #: 8762; Ruling Date: 10/14/2005; Ruling Judge: Lee Howard; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Conviction of Attempted Burglary and Sentence of Seven (7) Years, as an Habitual Offender, and Payment of a fine of $10,000.00, Affirmed. Said sentence shall run consecutively with all of his subsequent sentences. Clay County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur.

In the Interest of D.S.; Coahoma Youth Court; LC Case #: 5707; Ruling Date: 06/28/2005; Ruling Judge: Mills Barbee; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ., Concur. Dickinson, J., Specially Concurs With Separate Written Opinion Joined by Waller, P.J., and Carlson, J.; Randolph, J. Joins In Part. Diaz, J., Dissents with Separate Written Opinion Joined by Graves, J. Specially Concurring Opinion: Dickinson, J. Votes: Waller, P.J., and Carlson, J., Join This Opinion. Randolph, J., Joins This Opinion in Part. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Daniel Outerbridge a/k/a Daniel Nian Outerbridge v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-653BBD; Ruling Date: 06/20/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Cobb, P.J. Disposition: Conviction of Armed Robbery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, with Fifteen (15) Years to serve, Fifteen (15) Years Suspended and Five (5) Years of Supervised Probation, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Concur in Result Only.

Julian Mingo v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2004-0601-CR1; Ruling Date: 05/26/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, P.J. Disposition: Count I: Conviction of Fondling of a Child for Lustful Purposes and Sentence of Ten (10) Years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence is to run consecutively with the sentences imposed in Counts II & III for a total of Thirty (30) Years in the Mississippi Department of Corrections followed by Five (5) Years of Post Release Supervision. Count II: Conviction of Fondling of a Child for Lustful Purposes and Sentence of Ten (10) Years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence is to run consecutively with the sentences imposed in Counts I & III for a total of Thirty (30) Years in the Mississippi Department of Corrections followed by Five (5) Years of Post Release Supervision. Count III: Conviction of Fondling of a Child for Lustful Purposes and Sentence of Ten (10) Years in the custody of the Mississippi Department of Corrections, Affirmed. This sentence is to run consecutively with the sentences imposed in Counts I & II for a total of Thirty (30) Years in the Mississippi Department of Corrections followed by Five (5) Years of Post Release Supervision. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Easley, J., not participating.

W. A. Coleman v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0016; Ruling Date: 02/02/2004; Ruling Judge: W. Hines; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court of Leflore County is Reversed and Rendered. Leflore County taxed with costs of appeal. Votes: Waller, P.J., Diaz, Carlson and Graves, JJ., Concur. Randolph, J., Dissents with Separate Written Opinion Joined by Smith, C.J., Cobb, P.J., and Easley, J. Dissenting Opinion: Randolph, J. Votes: Smith, C.J., Cobb, P.J., and Easley, J., Join This Opinion.

Vessie Lynn Lee v. State of Mississippi; Madison Circuit Court; LC Case #: 2002-0292; Ruling Date: 03/24/2003; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, J. Disposition: Counts I and II: Convictions of Statutory Rape and Sentences of LIfe Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Counts I and II shall run concurrently. Counts III, IV, V and VI: Convictions of Sexual Battery and Sentence of Thirty (30) Years on each Count in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run concurrently to each other but consecutively to the term of life imprisonment ordered in Counts I and II. Counts VII, IX and X: Convictions of Gratification of Lust and Sentence of Fifteen (15) Years on each count in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run concurrently to each other but consecutively to the term of life ordered in Counts I and II and the thirty (30) years ordered in Counts III, IV, V and VI. Madison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley, J., Specially Concurs With Separate Written Opinion Joined by Waller, P.J., Carlson, Dickinson and Randolph, JJ. Diaz, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Graves, J. Specially Concurring Opinion: Easley, J. Votes: Waller, P.J., Carlson, Dickinson and Randolph, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

H.S. Stanley, Jr., Chapter 7 Trustee for the Bankruptcy Estate of Gulfport Pilots Association, Inc., as substituted for Michael Kopszywa v. Mississippi State Pilots of Gulfport, Inc., Murrell W. Hinton, Jr., Stanley Fournier, Jr. and Thomas Gibson; Harrison Chancery Court 1st District; LC Case #: 97-01861-4; Ruling Date: 05/07/2004; Ruling Judge: Carter Bise; Majority Opinion: Diaz, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves and Randolph, JJ., Concur. Cobb, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Dickinson, J., Dissents Without Separate Written Opinion. Smith, C.J., not participating.

Braddock Law Firm, PLLC v. Daniel E. Becnel, Jr., Michael T. Gallagher and Gallagher, Lewis, Downey & Kim; Hinds Chancery Court 1st District; LC Case #: 2001-1199 R/1; Ruling Date: 05/19/2004; Ruling Judge: Stuart Robinson; Disposition: Petition for writ of certiorari filed by Michael T. Gallagher is granted. To Grant: Waller and Cobb, P.JJ., Dickinson and Randolph, JJ. To Deny: Smith, C.J., Easley, Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.

Timothy L. Fulks v. State of Mississippi; Clay Circuit Court; LC Case #: 8272; Ruling Date: 07/14/2004; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Timothy L. Fulks is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, J. Order entered.

Brian Wesley Creel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-00,159(1); Ruling Date: 08/02/2004; Ruling Judge: Robert Krebs; Majority Opinion: Waller, P.J. Disposition: The Judgment of the Court of Appeals is Vacated. The Judgment of the Circuit Court of Jackson County is Reversed, and this case is Remanded to the Jackson County Circuit Court for further proceedings in accordance with this opinion. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.

James A. Barksdale, Individually and on Behalf of the Wrongful Death Beneficiaries of Lisa Renee Barksdale, Deceased v. David Carroll, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-00-001373; Ruling Date: 07/15/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for James A. Barksdale is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. To Grant: Diaz and Randolph, JJ. Not Participating: Graves, J. Order entered.

Rebecca Coleman v. Thomas Mallory; DeSoto Chancery Court; LC Case #: 03-09-1490(PL); Ruling Date: 11/03/2004; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Rebecca Coleman is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Order entered.

Eddie Adams and Beth Brown v. Greenpoint Credit, LLC and Security Bank of Amory; Monroe Circuit Court; LC Case #: CV-02-509-BM; Ruling Date: 11/01/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Vacated in Part. The Judgment of the Circuit Court is Affirmed in Part and Reversed and Remanded in Part. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion.

Robert Earl James Spencer a/k/a Earl Spencer a/k/a James Spencer v. State of Mississippi; Marshall Circuit Court; LC Case #: MK2003-066; Ruling Date: 11/10/2003; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Robert Earl Spencer is denied. To Deny: All Justices. Order entered.

Lift-All Company, Inc. v. Kenneth Daniel Warner; Adams Circuit Court; LC Case #: 02KV0070(S); Ruling Date: 01/06/2005; Ruling Judge: Lillie Sanders; Disposition: Motion for rehearing filed by appellee is denied. Cobb, P.J., Diaz, Carlson and Graves, JJ., would grant.

Jason W. Freeman v. University of Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-03-208; Ruling Date: 12/15/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Jason Freeman is denied. To Deny: Smith, C.J., Cobb, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Waller, P.J. Order entered.

Illinois Central Railroad Company v. Phillip Acuff, Charles W. Brown, William Carlisle, James M. Carpenter, Lamar Clark, C. H. Cobb, Hubert Deer, William R. Johnston, Dan C. Jones, Clythus Mason, Charlie E. McNeil, Johnny W. Mitchell, York Sit, Charles R. Warren, Lester Ray Warren, and Willie Woodberry AND James Expose v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2001-65; Ruling Date: 12/06/2004; Ruling Judge: Lamar Pickard; Disposition: Motion to Reconsider the Clerk's Ruling on Illinois Central Railroad Company's Motion for Stay of Issuance of the Mandate Pending Application for Certiorari filed by Appellees is denied. The stay as granted by the Supreme Court Clerk's Notice of October 20, 2006, shall remain in force as originally ordered. Diaz and Graves, JJ., would grant. Randolph, J., not participating. Order entered.

Illinois Central Railroad Company v. Phillip Acuff, Charles W. Brown, William Carlisle, James M. Carpenter, Lamar Clark, C. H. Cobb, Hubert Deer, William R. Johnston, Dan C. Jones, Clythus Mason, Charlie E. McNeil, Johnny W. Mitchell, York Sit, Charles R. Warren, Lester Ray Warren, and Willie Woodberry AND James Expose v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2001-65; Ruling Date: 12/06/2004; Ruling Judge: Lamar Pickard; Disposition: Motion of Appellees Phillip Acuff, et al., for Addition of Interest, Statutory Penalty and Costs is denied. Diaz, Easley and Graves, JJ., would grant. Randolph, J., not participating. Order entered.

Joey Montrell Chandler v. State of Mississippi; Clay Circuit Court; LC Case #: 8491; Ruling Date: 01/14/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Easley, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Martha M. Harmon and James V. Harmon v. Regions Bank; Chickasaw Circuit Court 1st District; LC Case #: H-2003-082; Ruling Date: 02/15/2006; Ruling Judge: Andrew Howorth; Disposition: Motion for Reconsideration of Order Denying Motion for Disqualification of Associate Justice Charles D. Easley, Jr., filed by counsel for Regions Banks is denied. Order entered.

The Mississippi Bar v. Elizabeth Aileen Broome; Disposition: Effective upon entry of this order, Elizabeth Aileen Broome is suspended from the practice of law in the State of Mississippi for the period of one year to be followed by three years of probation. Broome is not permitted to practice law in the State of Mississippi until her privileges are reinstated by order of this Court. Diaz, J., not participating. Order entered.

The Mississippi Bar v. Elizabeth Aileen Broome; Majority Opinion: Easley, J. Disposition: Effective upon entry of this order, Elizabeth Aileen Broome is suspended from the practice of law in the State of Mississippi for the period of one year to be followed by three years of probation. Broome is not permitted to practice law in the State of Mississippi until her privileges are reinstated by order of this Court. Elizabeth Aileen Broome taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.