01/09/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2001-CA-00730-SCT

Craig Corey, Individually, and as Administrator of the Estate of Inda Lewis, and on Behalf of all Wrongful Death Beneficiaries of Inda Lewis, Deceased v. Dr. Tom Skelton; Hinds Circuit Court 1st District; LC Case #: 251-98-119-CIV; Ruling Date: 03/19/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Carlson, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Easley, J., Concurs in Part. McRae, P.J., and Diaz, J., Dissent Without Separate Written Opinion. Graves, J., not participating.

City of Jackson, Mississippi v. Lanier Lipsey; Hinds Circuit Court 1st District; LC Case #: 251-00-000821; Ruling Date: 07/25/2001; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Graves, JJ., Concur. Waller, J., not participating.

Billy M. Hamilton v. Gerald J. Hopkins, Gay T. Hopkins and Buyer's Agent of The Mississippi Gulf Coast, Inc.; Harrison Chancery Court 2nd District; LC Case #: C2402-98-1205; Ruling Date: 08/01/2001; Ruling Judge: Thomas Teel; Majority Opinion: Waller, J.; Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellees taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Diaz, J., not participating.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11229; Ruling Date: 01/18/1991; Ruling Judge: Lee Howard; Disposition: On the Court's own motion, the State of Mississippi shall by 5:00 p.m. on January 3, 2003, file a Response to the Successive Application for Leave to File Motion to Vacate Death Sentence and Motion for Stay of Execution with this Court. Order entered.

John Joseph Dedeaux, Sr. v. State of Mississippi; Hancock Circuit Court; LC Case #: 980004; Ruling Date: 08/14/1998; Ruling Judge: Jerry Terry, Sr.; Disposition: Application for writ of certiorari filed pro se by John Joseph Dedeaux, Sr., is denied. To Deny: All Justices. Order entered.

John Joseph Dedeaux, Sr. v. State of Mississippi; Hancock Circuit Court; LC Case #: 980004; Ruling Date: 08/14/1998; Ruling Judge: Jerry Terry, Sr.; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by John Joseph Dedeaux, Sr., is extended until January 9, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 9, 2003. Order entered.

Keith R. Bryant v. State of Mississippi; Copiah Circuit Court; LC Case #: 2000-0039 CR; Ruling Date: 08/09/2000; Ruling Judge: Lamar Pickard; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Keith R. Bryant is extended until February 28, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 28, 2003. Order entered.

Robert Tubwell a/k/a Robert E. Tubwell a/k/a Robert Earl Tubwell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-00-412; Ruling Date: 10/04/2000; Ruling Judge: W. Yerger; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Robert Tubwell is extended until February 28, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 28, 2003. Order entered.

Jerome J. Tott v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 811-99; Ruling Date: 07/27/2000; Ruling Judge: Larry Roberts; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Jerome J. Tott is extended until February 7, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 7, 2003. Order entered.

Robert Whiddon and Susan Whiddon v. Jesse D. Smith and United Parcel Service, Inc.; Lamar Circuit Court; LC Case #: 98-0251; Ruling Date: 07/28/2000; Ruling Judge: Michael Eubanks; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Robert Whiddon and Susan Whiddon is extended until February 7, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 7, 2003. Order entered.

Marcus Davis v. State of Mississippi; Washington Circuit Court; LC Case #: 99-00691; Ruling Date: 10/02/2000; Ruling Judge: W. Hines; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Marcus Davis shall be extended until February 7, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 7, 2003. Order entered.

Walter Dominique Fairley v. State of Mississippi; Covington Circuit Court; LC Case #: 3252; Ruling Date: 11/29/2000; Ruling Judge: Robert Evans; Majority Opinion: Smith, P.J.; Disposition: Reversed and Remanded. Covington County taxed with costs of appeal.; Votes: Pittman, C.J., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J. and Easley, J., Dissent Without Separate Written Opinion.

Joe P. Spencer v. Greenwood/Leflore Airport Authority a/k/a Greenwood/Leflore Airport Board and Leflore County Board of Supervisors; Leflore Circuit Court; LC Case #: 98-0076CI; Ruling Date: 11/08/2000; Ruling Judge: W. Hines; Majority Opinion: Waller, J.; Disposition: Reversed and Remanded. Appellees taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb, Easley and Carlson, JJ., Concur. Diaz, J., Concurs with Separate Written Opinion Joined by McRae, P.J., and Graves, J.; Concurring Opinion: Diaz, J.; Votes: McRae, P.J. and Graves, J., Join This Opinion.

James D. Power, Mary Cox Power and Samuel D. Hensley, Jr. v. Leslie Scott, Individually, and as Executrix of the Estate of Ellen Marie Power, Deceased; Hinds Chancery Court 1st District; LC Case #: P-98-688 S/2; Ruling Date: 02/01/2001; Ruling Judge: William Singletary; Disposition: Petition for writ of certiorari filed by Leslie Scott is denied. To Deny: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Not Participating: Waller, J. Order entered.

John Bowen v. DeSoto County Board of Supervisors; DeSoto Circuit Court; LC Case #: CV2000-0080B/D; Ruling Date: 09/28/2000; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by the DeSoto County Board of Supervisors is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Carlson, JJ. To Deny: Diaz and Graves, JJ. Order entered.

Charles R. Webster, Jr. v. Jean Lala Webster; Hancock Chancery Court; LC Case #: 99-0777; Ruling Date: 03/13/2001; Ruling Judge: J. Randall, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Pittman, C.J., and Graves, J., would grant.

Lee County, Mississippi and Lee County Emergency Communication District v. Kermit Davis and Nancy Davis; Lee Circuit Court; LC Case #: CV99-115(R)L; Ruling Date: 03/09/2001; Ruling Judge: Frank Russell; Majority Opinion: Waller, J.; Disposition: Reversed and Rendered. Appellee taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb, Easley and Carlson, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., and Graves, J., Dissent Without Separate Written Opinion.

L.C. Benjamin v. Cornwell Well Service; Lincoln Circuit Court; LC Case #: 99-322; Ruling Date: 05/21/2001; Ruling Judge: Keith Starrett; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by L. C. Benjamin is extended until February 13, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 13, 2003. Order entered.

Raytheon Aerospace Support Services and Liberty Mutual Insurance Company v. Ora Miller; Lowndes Circuit Court; LC Case #: 2000-0098-CV1; Ruling Date: 06/01/2001; Ruling Judge: Lee Howard; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Raytheon Aerospace Support Services and Liberty Mutual Insurance Company is extended until February 20, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 20, 2003. Order entered.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Recusal of Justice C. R. McRae is granted. Presiding Justice Smith and Justices Waller, Cobb and Carlson join in this Order. Chief Justice Pittman files a Separate Written Statement to this Order joined by Presiding Justice Smith and Justices Waller, Cobb and Carlson. Presiding Justice McRae and Justices Diaz, Easley and Graves, not participating. Order entered.

F. Joseph "Jerry" Rein, Sr. and F. Joseph "Joey" Rein, Jr., Individually and on behalf of all Wrongful Death Beneficiaries of Gatha Nell Rein, Deceased v. Benchmark Construction Company, Growin Green Landscape, Inc. and William Schilling, Individually and D/B/A Natural Accents Nursery and Landscapers; Hinds Circuit Court 1st District; LC Case #: 251-98-001134; Ruling Date: 08/03/2001; Ruling Judge: W. Yerger; Disposition: Joint Motion for Recusal of Justice C. R. McRae is granted. Presiding Justice Smith and Justices Waller, Cobb and Carlson join in this Order. Chief Justice Pittman files a Separate Written Statement joined by Presiding Justice Smith and Justices Waller, Cobb and Carlson. Presiding Justice McRae and Justices Diaz, Easley and Graves, not participating. Order entered.

In the Matter of the Petition for Reinstatement to the Practice of Law of Gerald R. Emil; ; LC Case #: 94BA749; Ruling Date: 01/09/1997; Ruling Judge: ; Disposition: Motion for Rehearing on Petition to Terminate Suspension filed by Gerald R. Emil is denied. McRae, P.J., would grant.

Eric Snow a/k/a Tony A. Hinton a/k/a T. T. a/k/a Tony Anthony Hinton v. State of Mississippi; Simpson Circuit Court; LC Case #: 9488; Ruling Date: 08/06/1998; Ruling Judge: Robert Evans; Disposition: Petition for Rehearing and Objection to the Shortening of the Statute of Limitations for the filing of Post-Conviction Pleadings filed by the Office of Capital Post-Conviction Counsel on behalf of Eric Snow is dismissed as moot. Any supplemental post-conviction pleadings shall be due within sixty (60) days from the date of entry of this order. The State's response shall be due within thirty (30) days of the date on which Snow's supplemental pleadings are filed and, in no event, more than ninety (90) days from the date of entry of this order. Order entered.