12/16/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2003-CA-00524-SCT

Clarence Samples v. Sara Davis; Covington Chancery Court; LC Case #: 95-302; Ruling Date: 09/12/2002; Ruling Judge: J. Buffington; Majority Opinion: Randolph, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Kelly B. Copeland v. Gregory Copeland; Harrison Chancery Court 1st District; LC Case #: 02-01131; Ruling Date: 09/04/2003; Ruling Judge: Carter Bise; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: On December 9, 2004, this Court handed down its order which, inter alia, amended Rule IX(4) (c) of the Rules Governing Admission to the Mississippi Bar. Due to a scrivener's error, Exhibit "C" to that order failed to reflect the deletion of the first sentence of the second paragraph of Rule IX (4)(c). This order is entered for the limited purpose of correcting that error and correctly restating the action of the Court. Diaz, Easley and Graves, JJ., not participating. Correcting Order entered.

Gallagher Bassett Services, Inc. v. Charles H. "Bo" Jeffcoat, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-941073CIV ; Ruling Date: 03/09/1998; Ruling Judge: Robert Gibbs; Disposition: Motion for rehearing filed by appellee is denied. Cobb, P.J., Carlson and Graves, JJ., would grant. Diaz and Randolph, JJ., not participating.

Billie K. White and Daphne E. White, a Minor, by and through Her Natural Mother and Next Friend, Judy White v. Yellow Freight System, Inc. and James D. Parish; Pike Circuit Court; LC Case #: 5138-A; Ruling Date: 04/24/2000; Ruling Judge: Keith Starrett; Consolidated with 2001-CA-00166 In Re: Patricia Alexander Killgore and Roland C. Lewis, Jr.; Pike Circuit Court; LC Case #: 5138; Ruling Date: 12/28/2000; Ruling Judge: Keith Starrett; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz , J., not participating.

Choctaw Maid Farms, Inc. and Danny Hawkins v. Byron R. Clark; Jasper Circuit Court 2nd District; LC Case #: 99-0027; Ruling Date: 10/05/2000; Ruling Judge: Robert Evans; Disposition: Joint Motion of Appellants and Appellee for Voluntary Dismissal of Appeal is granted. The appeal of this matter is dismissed upon entry of this order. Costs of appeal are assessed to appellants. Diaz, J., not participating. Dickinson, J., for the Court. Order entered.

Mary Lynn Fagan v. State of Mississippi; Clarke Circuit Court; LC Case #: 2001-CR-01; Ruling Date: 08/23/2001; Ruling Judge: Larry Roberts; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Clarke County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Graves, Dickinson and Randolph, JJ., Concur. Smith, C.J., and Easley, J., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Edwin Welsh v. William M. Mounger, II, E. B. Martin, Jr., MSM, Inc. and Mercury Wireless Management, Inc.; Hinds Chancery Court 1st District; LC Case #: G2000-1611 O/3; Ruling Date: 06/27/2002; Ruling Judge: Denise Owens; Disposition: On the Court's own motion, Dana E. Kelly, Esquire, shall appear before this Court, sitting en banc, on January 13, 2005, at 9:30 a.m., at which time this Court shall impose such sanctions as this Court may determine necessary and appropriate. James R. Hubbard, Esquire, shall show cause, if any he can, within five days from the date of this order why we should not revoke his pro hac vice admission to practice before this Court in this case, and further deny him the right to practice in any court in this State for a period of one year. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Order entered.

Jessie Frank Jones v. State of Mississippi; Tate Circuit Court; LC Case #: CR2002-21-B-T; Ruling Date: 12/17/2002; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Teresa Ferguson, Individually and on Behalf of Rusty Ferguson, a Minor v. Bobby Snell and GuideOne Mutual Insurance Company; Copiah Circuit Court; LC Case #: 99-0511; Ruling Date: 02/13/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Dickinson, JJ., Concur. Waller and Cobb, P.JJ., and Randolph, J., Concur in Result Only. Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. Ted L. Blakeney; LC Case #: 2003-091; Ruling Date: 05/05/2004; Ruling Judge: Patricia Wise; Majority Opinion: Carlson, J. Disposition: Simpson County Justice Court Judge Ted L. Blakeney shall be privately reprimanded and assessed costs in the amount of $495.00. Ted L. Blakeney 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.

The Mississippi Bar v. Neil E. McInnis; Disposition: Motion of The Mississippi Bar to Disbar Attorney is granted. Neil E. McInnis is hereby disbarred from the practice of law in the State of Mississippi, and this order shall constitute notice of disbarment in this cause. His name shall be immediately stricken from the rolls of The Mississippi Bar. The Clerk of the Supreme Court shall immediately forward attested copies of this order to: the Clerks of the Circuit and Chancery Courts of Forrest County; the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi; the Clerk of the United States Court of Appeals for the Fifth Circuit; and the Clerk of the Supreme Court of the United States. Likewise, the Clerk of this Court shall forward attested copies of this order to Neil E. McInnis and to the Executive Director of The Mississippi Bar. The Bar shall recover from Neil E. McInnis all of its costs and expenses of this disciplinary action. Diaz, J., not participating. Order of Disbarment entered.

The Mississippi Bar v. Neil E. McInnis; Majority Opinion: Cobb, P.J. Disposition: Neil E. McInnis is hereby disbarred from the practice of law in the State of Mississippi, and this order shall constitute notice of disbarment in this cause. His name shall be immediately stricken from the rolls of The Mississippi Bar. The Clerk of the Supreme Court shall immediately forward attested copies of this order to: the Clerks of the Circuit and Chancery Courts of Forrest County; the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi; the Clerk of the United States Court of Appeals for the Fifth Circuit; and the Clerk of the Supreme Court of the United States. Likewise, the Clerk of this Court shall forward attested copies of this order to Neil E. McInnis and to the Executive Director of The Mississippi Bar. The Bar shall recover from Neil E. McInnis all of its costs and expenses of this disciplinary action. Neil E. McInnis taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Phillip Pickett v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR89-0016BP1; Ruling Date: 06/30/2004; Ruling Judge: Andrew Baker; Disposition: Petition for Permission to Appeal filed by Phillip Puckett, pro se, is granted. This matter is remanded to the Circuit Court of the First Judicial District of Panola County, Mississippi, for further proceedings consistent with this order. Panola County is taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.

Waste Management, Inc. and Waste Management of Mississippi, Inc. v. Jeramy R. Govan; Jones Circuit Court 2nd District; LC Case #: 2002-376-CV10; Ruling Date: 10/19/2004; Ruling Judge: Billy Landrum; Disposition: Petition for Interlocutory Appeal by Permission and Motion to Stay filed by counsel for petitioners are denied. Waller and Cobb, P.JJ., and Randolph, J., would grant. Diaz and Dickinson, JJ., not participating. Order entered.