05/31/2007 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99013-SCT

In Re: Code of Judicial Conduct; Disposition: On the Court's own motion, Canon 4(G) of the Code of Judicial Conduct is amended as set out in this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall 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). The amendment should also be reflected in the next edition of Mississippi Rules of Court. Not Participating: Lamar, J. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 22(a) of the Mississippi Rules of Appellate Procedure is amended to provide for the imposition of sanctions as set out in the order. To Grant: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Lamar, J. Order entered.

Esau Grubbs v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-443; Ruling Date: 07/29/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Esau Grubbs is denied. To Deny: All Justices. Order entered.

Mack Arthur King v. State of Mississippi; Lowndes Circuit Court; LC Case #: 6716; Ruling Date: 03/28/2003; Ruling Judge: R. Coleman; Majority Opinion: Smith, C.J. Disposition: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Lowndes County taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Easley and Lamar, JJ., not participating. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Joseph Tarnabine and Margaret Tina Branan, Co-Executors, on Behalf of the Estate of Martha Jones Tarnabine v. Hendrick Kuiper, M.D., and River Region Medical Corporation; Warren Circuit Court; LC Case #: 02,0229-CI-P; Ruling Date: 06/20/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for rehearing filed by appellants is denied. Lamar, J., not participating.

Joseph Tarnabine and Margaret Tina Branan, Co-Executors, on Behalf of the Estate of Martha Jones Tarnabine v. Hendrick Kuiper, M.D., and River Region Medical Corporation; Warren Circuit Court; LC Case #: 02,0229-CI-P; Ruling Date: 06/20/2005; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for Written Opinion filed by counsel for Joseph Tarnabine is denied. Lamar, J., not participating. Order entered.

Laurel Yamaha, Inc. v. Norman Decker Freeman and Susan Freeman, Individually, and on Behalf of the Wrongful Death Beneficiaries of Christopher Brandon Freeman; Jones Circuit Court 2nd District; LC Case #: 2004-165-CV8; Ruling Date: 08/15/2005; Ruling Judge: Billy Landrum; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Lamar, J., not participating.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11,229; Ruling Date: 09/02/2005; Ruling Judge: Lee Howard; Majority Opinion: Waller, P.J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections without the possibility of parole, Affirmed. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Dissents with Separate Written Opinion Joined by Graves, J. Easley and Lamar, JJ., not participating. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

In Re: Frank Melton; Hinds Circuit Court 1st District; LC Case #: 06-0-719; Ruling Judge: Tomie Green; Disposition: Trial Judge's Clarification Regarding Request for Sanctions and to Strike Disrespectful Language filed by Judge Tomie T. Green is denied. Not Participating: Easley and Lamar, JJ. Order entered.

The Mississippi Bar v. Kimberly A. Castle; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Smith, C.J., for the Court. Lamar, J., not participating. Order entered.

The Mississippi Bar v. Kimberly A. Castle; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Smith, C.J., for the Court. Lamar, J., not participating. Order entered.

Charles C. Edwards and Mississippi Democratic Party State Executive Committee v. Mary Ann Stevens; Hinds Circuit Court 1st District; LC Case #: 251-07-264CV; Ruling Date: 04/27/2007; Ruling Judge: Billy Landrum; Disposition: Appellee's letter request to supplement the record on appeal is dismissed as moot. Order entered.

Charles C. Edwards and Mississippi Democratic Party State Executive Committee v. Mary Ann Stevens; Hinds Circuit Court 1st District; LC Case #: 251-07-264CV; Ruling Date: 04/27/2007; Ruling Judge: Billy Landrum; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.