12/15/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-IA-00476-SCT

3M Company f/k/a Minnesota Mining and Manufacturing Company, et al. v. Charles H. Green, et al.; Claiborne Circuit Court; LC Case #: 2002-131; Ruling Date: 03/03/2003; Ruling Judge: Lamar Pickard; Consolidated with 2003-IA-00617-SCT 3M Company f/k/a Minnesota Mining and Manufacturing Company, et al. v. Letha C. Glass, et al.; Jefferson Circuit Court; LC Case #: 2002-093; Ruling Date: 03/17/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

Bill Cockrell a/k/a Billy Hughey Cockrell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2003-528 O/D; Ruling Date: 08/26/2004; Ruling Judge: W. Hines; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance DeSoto County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Diaz and Easley, JJ., not participating.

Elliot Culp v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,607; Ruling Date: 03/20/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Cobb, P.J. Disposition: Count I: Conviction of conspiracy to commit robbery and sentence of three (3) years in the custody of the Mississippi Department of Corrections, affirmed. Count II: Conviction of rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, affirmed. Count III: Conviction of armed robbery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, affirmed. Sentence in Count III shall run consecutively with the sentence in Count II. Count IV: Conviction of kidnaping and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, affirmed. Count V: Conviction of kidnaping and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, affirmed. Sentences in Counts IV and V shall run concurrently with each other, but consecutively to the sentences imposed in Counts II and III. Count VI: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, affirmed. Count VII: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, affirmed. Sentences in Counts VI and VII shall run concurrently with each other but consecutively with the sentences imposed in Counts II, III, IV and V. Count VIII: Conviction of arson third degree and sentence of three (3) years in the custody of the Mississippi Department of Corrections, affirmed. Count IX: Conviction of arson third degree and sentence of three (3) years in the custody of the Mississippi Department of Corrections, affirmed. Sentences in Counts I, VIII and IX shall run concurrently with each other and concurrently with the remaining counts. Appellant shall serve a total term of incarceration in the custody of the Mississippi Department of Corrections for sixty (60) years. Holmes County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz and Dickinson, JJ., not participating.

In Re: Local Rules; Disposition: The request of the Honorable Joseph H. Loper, Jr., of the Fifth Circuit Court District for approval of an order repealing a local rule is granted. The court order repealing the local court rule is approved and the above stated local rule, adopted in 1979, is repealed. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). Diaz, J., not participating. Order entered.

Gary Dean Lambert v. State of Mississippi; Covington Circuit Court; LC Case #: 2299; Ruling Date: 01/30/1999; Ruling Judge: Robert Walker; Disposition: On the Court's own motion, the mandate, which improperly issued on February 13, 2001, is hereby recalled and this matter is reopened. The Orders entered by this Court on April 29, 2003 and January 23, 2004 are vacated. Lambert's supplemental brief of the appellant shall be filed within forty (40) days from the date of the entry of this Order. The State of Mississippi's supplemental brief shall be filed within thirty (30) days of the date of service of Lambert's brief. Lambert's supplemental reply brief, if any, shall be filed within fourteen (14) days of service of the State's brief. Not Participating: Waller, P.J., Diaz and Randolph, JJ. Order entered.

Christopher Morris v. State of Mississippi; Coahoma Circuit Court; LC Case #: 99-0052; Ruling Date: 08/11/1999; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by counsel for the State of Mississippi is granted. To Grant: Waller and Cobb, P.JJ., Carlson and Randolph, JJ. To Deny: Smith, C.J., Easley, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Pamala Ann Standish Adcock v. Christopher Alan Van Norman; Sharkey Chancery Court; LC Case #: 01-100; Ruling Date: 03/25/2003; Ruling Judge: Vicki Barnes; Majority Opinion: Waller, P.J. Disposition: Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part, and the Judgment of the Sharkey County Chancery Court is Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

City of Jackson, Mississippi and University of Mississippi Medical Center v. The Estate of Otha Stewart, Deceased, by and through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816-CIV; Ruling Date: 04/01/2003; Ruling Judge: Winston Kidd; Consolidated with 1999-IA-01527-SCT Otha Stewart, by and through Emma Womack, her Daughter and Conservator of Her Person and Her Estate v. City of Jackson, Mississippi, and Doris B. Spiller; Hinds Circuit Court 1st District; LC Case #: 98816CIV; Ruling Date: 09/01/1999; Ruling Judge: James Graves, Jr.; Majority Opinion: Carlson, J. Disposition: Motion for Rehearing Stricken from the Files. Votes: Waller and Cobb, P.JJ., Easley and Randolph, JJ., Concur. Smith, C.J., Diaz, Graves and Dickinson, JJ., not participating.

The Public Employees' Retirement System v. Robert D. Pittman a/k/a Robert D. Pittman, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-00-302 ; Ruling Date: 09/20/2002; Ruling Judge: Winston Kidd; Consolidated with 2002-CT-01349-SCT Robert D. Pittman v. Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-00-302-CIV; Ruling Date: 07/03/2002; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Robert D. Pittman is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J., and Easley, J. Not Participating: Diaz, J. Order entered.

Patricia H. Thornhill f/k/a Patricia H. Van Dan v. Wilmon Van Dan; Walthall Chancery Court; LC Case #: 98-0208; Ruling Date: 04/14/2003; Ruling Judge: W. McGehee, II; Disposition: Patricia H. Thornhill's motion to supplement the record is granted. The Clerk of the Court is ordered to docket the agreed order entered by the Chancery Court of Walthall County granting custody of Canyon Van Dan to Patricia H. Thornhill, in accordance with the rules of the Court. Diaz, J., not participating. Order entered.

Patricia H. Thornhill f/k/a Patricia H. Van Dan v. Wilmon Van Dan; Walthall Chancery Court; LC Case #: 98-0208; Ruling Date: 04/14/2003; Ruling Judge: W. McGehee, II; Disposition: The sua sponte motion of the Court to dismiss this appeal, vacate the disposition and mandate handed down by the Court of Appeals is granted. Patricia H. Thornhill is taxed with costs of appeal. Cobb, P.J., disagrees with the order and would write an opinion on the merits. Diaz, J., not participating. Waller, P.J., for the Court. Order entered.

Gregory Edward Patterson v. Melinda Sue Patterson; Lowndes Chancery Court; LC Case #: 2002-0750-L; Ruling Date: 03/23/2004; Ruling Judge: Robert Lancaster; Disposition: Petition for writ of certiorari filed by counsel for Gregory Edward Patterson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

MCTA, a Mississippi General Partnership and Northeast Mississippi Cellular, LLC, A Georgia Limited Liability Company v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-02-1114CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-CA-01252-SCT BellSouth Personal Communication, LLC, the successor to MCTA, a Mississippi General Partnership v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-00-892CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Disposition: Motion to Amend Mandate filed by the Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes is granted. The mandate issued on November 3, 2005, is amended to include the decision on the motion for rehearing filed by the appellants. Motion to Retax Costs filed by the Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes, is denied. Smith, C.J., would deny Motion to Amend Mandate. Easley, J., would grant Motion to Retax Costs. Diaz and Graves, JJ., not participating. Order entered.

MCTA, a Mississippi General Partnership and Northeast Mississippi Cellular, LLC, A Georgia Limited Liability Company v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-02-1114CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-CA-01252-SCT BellSouth Personal Communication, LLC, the successor to MCTA, a Mississippi General Partnership v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-00-892CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Disposition: Motion to Amend Mandate filed by the Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes is granted. The mandate issued on November 3, 2005, is amended to include the decision on the motion for rehearing filed by the appellants. Motion to Retax Costs filed by the Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes, is denied. Smith, C.J., would deny Motion to Amend Mandate. Easley, J., would grant Motion to Retax Costs. Diaz and Graves, JJ., not participating. Order entered.

Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Cassandra L. Holmes, Individually and as Natural Guardian and Next Friend of Demarcus Holmes and Kiara Holmes, and as Personal Representative of the Estate of Tevon Holmes, Deceased; and Boone Express, Inc.; Tunica Circuit Court; LC Case #: 2002-322; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis; Consolidated with 2004-CA-02116-SCT Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Boone Express, Inc. and Michael Dale; Tunica Circuit Court; LC Case #: 2002-0378; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis; Majority Opinion: Waller, P.J. Disposition: Case Number 2004-CA-01920-SCT: Reversed and Remanded. Case Number 2004-CA-02116-SCT: Affirmed. Case Number 2004-CA-01920-SCT: Appellee is taxed with all costs of this appeal. Case Number 2004-CA-02116-SCT: Appellant is taxed with all costs of this appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Boone Express, Inc. and Michael Dale; Tunica Circuit Court; LC Case #: 2002-0378; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis; Consolidated with 2004-CA-01920-SCT Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Cassandra L. Holmes, Individually and as Natural Guardian and Next Friend of Demarcus Holmes and Kiara Holmes, and as Personal Representative of the Estate of Tevon Holmes, Deceased; and Boone Express, Inc.; Tunica Circuit Court; LC Case #: 2002-322; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis; Disposition: Appellant's Request for the Supreme Court of Mississippi to Retain Jurisdiction and Request for oral argument is granted. This case was argued before the Supreme Court on September 20, 2005.

Mississippi Commission on Judicial Performance v. Judy Case Martin; LC Case #: 2003-225/288; Ruling Date: 02/23/2005; Ruling Judge: Patricia Wise; Majority Opinion: Randolph, J. Disposition: Dismissed with Prejudice. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Quintez Wren Hodges v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0526-CR1; Ruling Date: 09/13/2001; Ruling Judge: John Montgomery; Disposition: Motion for Reconsideration filed by petitioner is denied. Petitioner asks for reconsideration of this Court's order of October 7, 2005, which denied the Motion for Establishment of Statutory Filing Date filed by Petitioner. Not Participating: Diaz, J. Order entered.

Derrick Demond Walker v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-693; Ruling Date: 06/06/2003; Ruling Judge: Paul Funderburk; Disposition: Motion for Reconsideration filed by petitioner is denied. Petitioner asks for reconsideration of this Court's order of October 10, 2005, which denied the Motion for Establishment of Statutory Filing Date filed by petitioner. Not Participating: Waller, P.J., and Diaz, J. Order entered.

Donly Drakes d/b/a Drakes Plumbing v. Gamble Brothers & Archer Clinic, P.A. d/b/a Medical Art Building; Washington Circuit Court; LC Case #: CI2003-103; Ruling Date: 04/06/2005; Ruling Judge: W. Hines; Disposition: Motion for Clarification and, Alternatively, for Reconsideration filed by appellee is granted in that this appeal remains dismissed. Easley, J., would deny. Diaz and Graves, JJ., not participating. Order entered.

Donly Drakes d/b/a Drakes Plumbing v. Gamble Brothers & Archer Clinic, P.A. d/b/a Medical Art Building; Washington Circuit Court; LC Case #: CI2003-191; Ruling Date: 04/06/2005; Ruling Judge: W. Hines; Disposition: Motion for Clarification and, Alternatively, for Reconsideration filed by appellee is granted. This appeal is dismissed upon entry of this order. Costs of appeal are taxed to the appellant. Easley, J., would deny. Diaz and Graves, JJ., not participating. Order entered.

Gary Dean Lambert v. State of Mississippi; Covington Circuit Court; LC Case #: 2299; Ruling Judge: Robert Evans; Disposition: Gary Dean Lambert's pro se Motion for Post-Conviction Relief is dismissed without prejudice. Not Participating: Waller, P.J., Diaz and Randolph, JJ. Order entered.