12/08/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2004-KA-01576-SCT

Darryl Mixon a/k/a Darrell Mixon a/k/a Daryl Mixon a/k/a Larry Williams a/k/a Reginald Wells v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-0650; Ruling Date: 03/12/2004; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: Conviction of Motor Vehicle Theft and Sentence of Life Imprisonment, as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Mississippi Export Railroad Company v. Malcolm E. Rouse and Edna F. Rouse; George Chancery Court; LC Case #: 2003-0193; Ruling Date: 02/20/2004; Ruling Judge: Jaye Bradley; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

The City of Picayune, a Mississippi Municipal Corporation; Patricia Crosby, Woody Spiers, Ahmad Haidar, M.D., John R. Pigott, Maria G. Beverage, Crosby Hospital Auxiliary, an Unincorporated Association, through its President Martha J. Sheppard v. Southern Regional Corporation f/k/a Lucius O. Crosby Memorial Hospital, a Mississippi Non-Profit Corporation and Sidney L. Whitley, Ted J. Alexander, Stanley Jack Watson, Clyde Dease, Jo Woods, Charlotte Odom, Thomas M. Casey and Lower Pearl River Valley Foundation, a Mississippi Non-Profit Corporation; Pearl River Chancery Court; LC Case #: 00-0327-GN-TH; Ruling Date: 01/08/2003; Ruling Judge: James Thomas, Jr.; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Reversed and Rendered. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Cobb, P.J., Diaz and Graves, JJ., not participating.

Randy Cal Lindsey v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CR-006-SC; Ruling Date: 02/12/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of Burglary of a Business and Sentence of Seven (7) Years as an Habitual Offender in the Custody of the Mississippi Department of Corrections, without hope of parole, suspension or reduction of sentence, Affirmed. Scott County taxed with all costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Melvin Darnell Ransom v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-017; Ruling Date: 08/15/2000; Ruling Judge: L. Hilburn, ; Disposition: Motion for Rehearing filed pro se by Melvin Darnell Ransom is denied. Graves, Dickinson and Randolph, JJ., would grant. Diaz, J., not participating.

Randy Cal Lindsey v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CR-006-SC; Ruling Date: 02/12/2003; Ruling Judge: Marcus Gordon; Disposition: Randy C. Lindsey's Motion for Summary Judgment, Default Claim, and Motion to Dismiss an Appeal of the State are denied. Diaz, J., not participating. Order entered.

Randy Cal Lindsey v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CR-006-SC; Ruling Date: 02/12/2003; Ruling Judge: Marcus Gordon; Disposition: Randy C. Lindsey's Petition for Writ of Mandamus is denied. Diaz, J., not participating. Order entered.

Randy Cal Lindsey v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CR-006-SC; Ruling Date: 02/12/2003; Ruling Judge: Marcus Gordon; Disposition: Randy C. Lindsey's "Un-Exhaustion Claim" seeking federal habeas corpus relief is dismissed. Diaz, J., not participating. Order entered.

Randy Cal Lindsey v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CR-006-SC; Ruling Date: 02/12/2003; Ruling Judge: Marcus Gordon; Disposition: Randy C. Lindsey's "Petition for Permission for a Hearing upon Agreement of Time Served," is denied. Diaz, J., not participating. Order entered.

Randy Cal Lindsey v. State of Mississippi; Scott Circuit Court; LC Case #: 2005-CR-006-SC; Ruling Date: 02/12/2003; Ruling Judge: Marcus Gordon; Disposition: Randy C. Lindsey's Petition for Extraordinary Writ is denied. Diaz, J., not participating. Order entered.

Richard Earl Kerns, Jr. and Howard Thomas McKinney v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0017-CRV; Ruling Date: 11/20/2002; Ruling Judge: Frank Vollor; Majority Opinion: Randolph, J. Disposition: As to Howard Thomas McKinnney: The Judgment of the Court of Appeals is Reversed. Count I: Conviction of Manufacture of Methamphetamine and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Payment of a fine of $5,000 is suspended. Count II: Conviction of Possession of Methamphetamine with Intent to Distribute and Sentence of Twenty (20) Years, Ten (10) Years to Serve, Ten (10) Years Suspended for Five (5) Years Post Release Supervision, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with sentence in Count I. Count III: Conviction of Possession of Precursor Chemicals with Intent to Manufacture Methamphetamine and Sentence of Thirty (30) years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count IIl shall run concurrently with sentence in Count I. As to Richard Earl Kerns, Jr.: Count I: Conviction of Manufacture of Methamphetamine and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Payment of a fine of $5,000.00 is suspended. Count II: Conviction of Possession of Methamphetamine with Intent to Distribute and Sentence of Twenty (20) Years, Ten (10) Years to Serve, Ten (10) Years Suspended for Five (5) Years Post Release Supervision, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with the sentence in Count I. Count III: Conviction of Possession of Precursor Chemicals with Intent to Manufacture Methamphetamine and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count III shall run concurrently with sentence in Count I. Warren County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

James Evans, Jr. v. City of Aberdeen, Mississippi; Monroe Circuit Court; LC Case #: CV02-409-GM; Ruling Date: 06/25/2003; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by the City of Aberdeen is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Dickinson, JJ. Order entered.

William Lambuth Jones v. Jacqueline Kuhrtz Jones; Hinds Chancery Court 1st District; LC Case #: 129,188; Ruling Date: 08/07/2003; Ruling Judge: William Singletary; Disposition: Petition was granted by order of this Court on September 15, 2005. After due consideration, the Court finds the the petition was improvidently granted and should be dismissed. Petition for writ of certiorari filed by counsel for Jacqueline Kuhrtz Jones is dismissed as improvidently granted. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Dickinson, J., for the Court. Order entered.

Jamison Casey Dunigan v. State of Mississippi; Franklin Circuit Court; LC Case #: 02-KR-052-A; Ruling Date: 02/26/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Jamison Casey Dunigan 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.

Tommy Christopher Bynum a/k/a Tommy Bynum a/k/a Tommy C. Bynum v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 055-03; Ruling Date: 08/29/2003; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Tommy Christopher Bynum is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

William L. Shaw a/k/a Will Shaw v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-022WSY; Ruling Date: 08/07/2003; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by counsel for appellant is denied. Cobb, P.J., and Randolph, J., would deny but modify. Diaz, J., not participating.

William Wallace Allred v. Wiley Fairchild; Fairchild-Windham Exploration Company, a Partnership; John M. Fairchild, Michael B. Moore and Mark A. Fairchild, Trustees of the Marie L. Fairchild Life Insurance Trust; B. R. Noel, Mark A. Fairchild and John M. Fairchild, Executors of the Estate of Wiley Fairchild, Deceased; Covington Chancery Court; LC Case #: 9971; Ruling Date: 03/26/2004; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Graves, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., Diaz and Randolph, JJ., not participating.

In Re: Albert Edmond; Greene Circuit Court; Ruling Judge: Gray Evans; Disposition: Petition for Writ of Mandamus filed by Albert Edmond is dismissed as moot. Diaz, J. not participating. 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: Petitioner's Motion for Rehearing under Rule 40 filed by counsel for John B. Nixon, Sr., is denied. Nixon's request that this Court stay his impending execution is also denied. Not Participating: Diaz, J. Order entered.