01/16/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2001-KA-00795-SCT

James Robert Sanders v. State of Mississippi; Warren Circuit Court; LC Case #: 00-0116-CR-P; Ruling Date: 03/30/2001; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Carlson, J.; Disposition: Count I: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Armed Robbery with a Deadly Weapon and Sentence of Life Imprisonment, Without Parole or Early Release, in the Custody of the Mississippi Department of Corrections, Affirmed. Warren County taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Graves, JJ., Concur. Easley, J., not participating.

Jasper Joiner v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK99-306; Ruling Date: 04/04/2001; Ruling Judge: R. Coleman; Majority Opinion: Easley, J.; Disposition: Conviction of Aggravated DUI and Sentence of Twenty-Five (25) years in the custody of the Mississippi Department of Corrections, Affirmed. Lafayette County taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur.

Tony Darel Hawthorne v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-99-00072; Ruling Date: 05/21/1999; Ruling Judge: Robert Walker; Majority Opinion: Easley, J.; Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 11 of the Mississippi Rules of Civil Procedure is amended as set forth in Exhibit "A' attached to the order. 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., and Easley, J., dissent. Order entered.

In Re: The Rules of Civil Procedure; Disposition: Motion to Amend Mississippi Rules of Civil Procedure by Adopting a Rule Permitting Trial Courts to Order Physical and Mental Examinations is granted to the extent set forth herein. Rule 35 and the Comment thereto as set out in Exhibit "A" to this order are adopted. In the compilation of the Rules of Civil Procedure as they appear in the Mississippi Rules of Court, the new rule shall replace the reference to Rule 35 as "Omitted" and the existing comment. 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., and Easley, J., dissent. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Petition to Amend Rule 46, Mississippi Rules of Appellate Procedure filed by The Mississippi Bar is granted to the extent set forth herein and Rule 46(b) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to the order. Rule 46(b) as amended shall be effective and controlling as to verified applications to appear pro hac vice filed in the courts and administrative agencies of Mississippi from and after March 1, 2003. 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., and Easley, J., dissent. Order entered.

Yale Materials Handling Corporation, Galbreath Incorporated, Galbreath, Inc., Galbreath Companies and Galbreath-Escott, Inc. v. Donna Richards Brandon, Widow and Personal Representative of John Wesley Brandon, Deceased, for the Benefit of the Wrongful Death Beneficiaries of John Wesley Brandon, Deceased, Continental Insurance Company and Fidelity & Casualty Company of New York; Lowndes Circuit Court; LC Case #: 94013CV; Ruling Date: 09/28/1998; Ruling Judge: John Montgomery; Disposition: Joint Motion to Dismiss is granted. All parties will bear their own costs and fees. The opinion previously issued in this case is withdrawn. The motions for rehearing filed by Yale Materials Handling Corporation and Galbreath Incorporated, Galbreath, Inc., Galbreath Companies and Galbreath-Escott, Inc., are dismissed as moot. McRae, P.J., would deny. Order entered.

Yale Materials Handling Corporation, Galbreath Incorporated, Galbreath, Inc., Galbreath Companies and Galbreath-Escott, Inc. v. Donna Richards Brandon, Widow and Personal Representative of John Wesley Brandon, Deceased, for the Benefit of the Wrongful Death Beneficiaries of John Wesley Brandon, Deceased, Continental Insurance Company and Fidelity & Casualty Company of New York; Lowndes Circuit Court; LC Case #: 94013CV; Ruling Date: 09/28/1998; Ruling Judge: John Montgomery; Disposition: Joint Motion to Dismiss is granted. All parties will bear their own costs and fees. The opinion previously issued in this case is withdrawn. The motions for rehearing filed by Yale Materials Handling Corporation and Galbreath Incorporated, Galbreath, Inc., Galbreath Companies and Galbreath-Escott, Inc., are dismissed as moot. McRae, P.J., would deny. Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; 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 Ray Skates is extended until February 27, 2003. A final decision on whether to grant or deny the petition shall be entered on or before February 27, 2003. Order entered.

Catherine Watts Scott v. Leroy Scott; Madison Chancery Court; LC Case #: 99-630; Ruling Date: 01/22/2001; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed by Leroy Scott is denied. To Deny: Pittman, C.J., McRae, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: Smith, P.J. Order entered.

Catherine Watts Scott v. Leroy Scott; Madison Chancery Court; LC Case #: 99-630; Ruling Date: 01/22/2001; Ruling Judge: William Lutz; 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 Leroy Scott is extended until January 16, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 16, 2003. Order entered.

Scott Corley v. James F. Evans and Stacy Evans (Hamrick); Smith Circuit Court; LC Case #: 94-0168; Ruling Date: 05/04/2001; Ruling Judge: Robert Evans; Majority Opinion: Carlson, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Diaz and Easley, JJ., Dissent Without Separate Written Opinion. McRae, P.J., and Graves, J., not participating.

Morine W. Miller v. J. T. Miller; Itawamba Chancery Court; LC Case #: 2000-0307; Ruling Date: 05/16/2001; Ruling Judge: John Ross, Jr.; 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 J. T. Miller 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.

Roger McMillan and J. A. Tucker v. Genaro Salinas Rodriguez; Tishomingo Circuit Court; LC Case #: 98-0105(R) T; Ruling Date: 06/05/2001; Ruling Judge: Frank Russell; Disposition: Appellee's Motion to Correct Mandate and Assess Statutory Damages is granted. The mandate shall be corrected to read as follows: "Affirmed. Statutory Penalty Assessed against Appellants." Any calculation of damages shall be made in the trial court. Order entered.

The Mississippi Bar v. Henrietta Sweeney; ; LC Case #: 2000-B-1862; Ruling Date: 05/25/2001; Majority Opinion: Pittman, C.J.; Disposition: Henrietta Sweeney is Suspended from Practicing Law in the State of Mississippi for Three (3) Years. Henrietta Sweeney taxed with costs of appeal.; Votes: Smith, P.J., Waller, Diaz and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Cobb, J., Concurs in Part and Dissents in Part With Separate Written Opinion. McRae, P.J., not participating.; Concurring in Part and Dissenting in Part Opinion: Cobb, J.

Robert E. Wachtler v. State Farm Mutual Automobile Insurance Company; Hancock Circuit Court; LC Case #: 00-396; Ruling Date: 11/21/2001; Ruling Judge: Stephen Simpson; Majority Opinion: Carlson, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., Dissents With Separate Written Opinion Joined by McRae, P.J.; Dissenting Opinion: Diaz, J.; Votes: McRae, P.J., Joins this Opinion.

In the Matter of the Petition for Reinstatement to the Practice of Law of Jimmy D. McGuire; ; LC Case #: 94-BD-00520; Ruling Date: 12/15/1994; Ruling Judge: ; Majority Opinion: Carlson, J.; Disposition: Petition for Reinstatement Denied. Jimmy D. McGuire taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., Dissents Without Separate Written Opinion.

Holmes Company of Jackson, Inc. v. Sharon Mallette Gregory; Hinds Circuit Court 1st District; LC Case #: 251-99-611; Ruling Date: 12/30/1899; Ruling Judge: Tomie Green; Disposition: Petition for Permission to Appeal from Interlocutory Order and Emergency Motion for Stay Pursuant to M.R.A.P. 5(e) filed by Holmes Company of Jackson, Inc., are denied. To Deny Petition for Interlocutory Appeal: All Justices. To Deny Motion for Stay: Pittman, C.J., McRae, P.J., Waller, Diaz, Carlson and Graves, JJ. To Grant Motion for Stay: Smith, P.J., Cobb and Easley, JJ. Order entered.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; Disposition: On the Court's own motion and pursuant to Commission Rule 10(D), the parties shall file simultaneous briefs with the Court on or before January 17, 2003. The Court will at that time consider the Petition for Interim Suspension of County Court Judge Solomon C. Osborne. Order entered.