01/29/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  1998-DR-01820-SCT

Bobby Glen Wilcher a/k/a Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3708; Ruling Date: 07/21/1994; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by counsel for appellant is denied. Graves, J., would grant. Diaz and Dickinson, JJ., not participating.

Bobby Glen Wilcher a/k/a Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case #: 3707; Ruling Date: 06/23/1994; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by counsel for appellant is denied. Graves, J., would grant. Diaz and Dickinson, JJ., not participating.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Pittman, C.J., Graves and Dickinson, JJ., would grant. Diaz, J., not participating.

Steve A. Wooldridge v. Debra K. Wooldridge; Chickasaw Chancery Court 2nd District; LC Case #: 6545; Ruling Date: 01/23/2001; Ruling Judge: James Gore; Disposition: Petition for writ of certiorari filed by Steve A. Wooldridge is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. To Grant: Cobb, J. Not Participating: Diaz, J. Order entered.

William Lewis Gaskin v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,680(2); Ruling Date: 05/31/2001; Ruling Judge: Kathy Jackson; Disposition: On the Court's own motion, the Honorable Kathy King Jackson shall make a factual finding and file a response in this matter as to whether the jury, in the armed robbery trial of William Lewis Gaskin was empaneled and duly sworn, as reflected in the order declaring a mistrial, filed on May 24, 2001. Such response is due on February 26, 2004. Order entered.

Gordon McFarland, Individually and as Administrator of Estate of Robert McFarland, Deceased v. Mildred Leake; Wilkinson Circuit Court; LC Case #: 96-0075; Ruling Date: 06/28/2001; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Gordon McFarland, Individually and as Administrator of Estate of Robert McFarland, deceased, is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson and Dickinson, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Patrick Lippincott v. Mississippi Bureau of Narcotics; Clay Circuit Court; LC Case #: 2000-58; Ruling Date: 10/08/2001; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Patrick Lippincott is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

David Whitefoot and Elena Whitefoot v. BancorpSouth Bank f/k/a Bank of Mississippi; Clay Chancery Court; LC Case #: 98-108; Ruling Date: 08/28/2001; Ruling Judge: Robert Lancaster; 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 David and Elena Whitefoot is extended until February 27, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 27, 2004. Order entered.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; 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 counsel for James Arthur Hires is extended until March 5, 2004. A final decision on whether to grant or deny the petition shall be entered on or before March 5, 2004. Order entered.

In Re: The Appointment of a Conservator for Mrs. John Q. (Margie Allen) DeMoville: Margaret DeMoville v. Dixie Johnson; Lee Chancery Court; LC Case #: 01-0239; Ruling Date: 01/08/2002; Ruling Judge: Charles Thomas; 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 Margaret DeMoville is extended until February 27, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 27, 2004. Order entered.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 961044(3); Ruling Date: 09/02/1997; Ruling Judge: Bill Jones; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by Gary Carl Simmons, Jr., denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 961044(3); Ruling Date: 09/02/1997; Ruling Judge: Bill Jones; Majority Opinion: Smith, P.J. Disposition: Motion for Leave to Seek Post-Conviction Relief, Denied. Jackson County taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb, Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Andre Lenoir v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-006KS; Ruling Date: 10/02/2000; 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 pro se by Andre Lenoir is extended until March 4, 2004. A final decision on whether to grant or deny the petition should be entered on or before March 4, 2004. Order entered.

Michael Henderson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2001-94; Ruling Date: 04/02/2002; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by counsel for Michael Henderson is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Jarvious Cotton, Anthony Miller, Samuel Pitchford, Howard Jennings, Carl David Grubb, Plez Curry, William Rankin, Johnny Hemphill, Glenn Perry McWilliams and James Glascow v. Mississippi Parole Board, Donald B. Pope, Kareem West, Morris Scott, Marilyn Starks and Patricia Miller; Sunflower Circuit Court; LC Case #: 2001-0544CI(S)(S); Ruling Date: 06/10/2002; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed by appellants, pro se, is denied. Cobb, J., would grant. Diaz and Easley, JJ., not participating.

Aberdeen Municipal School District v. Sam Blaylock; Monroe Chancery Court; LC Case #: 2001-716; Ruling Date: 07/23/2002; Ruling Judge: Charles Thomas; Disposition: Petition for writ of certiorari filed by counsel for Sam Blaylock is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Carlson, Graves and Dickinson, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Wyeth-Ayerst Laboratories v. Doris Caldwell, et al.; Jones Circuit Court 2nd District; LC Case #: 2002-113-cv3; Ruling Judge: Stephen Simpson; Disposition: Motion for En Banc Reconsideration of Denial of Wyeth's Petition for Interlocutory Appeal filed by counsel for petitioner is granted. The Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Emergency Stay by Wyeth filed June 27, 2003, is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.