01/30/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
XX  2000-AN-01856-SCT

H. S. Prestridge, Jr., J. Harrison Burger, Charles Tims and Wanda Tims v. City of Petal, Mississippi; Forrest Chancery Court; LC Case #: 98-0930-GN-TH; Ruling Date: 10/25/2000; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Graves, J.; Disposition: Affirmed. Appellants taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley and Carlson, JJ., Concur. Cobb, J., Concurs in Result Only. McRae, P.J., Concurs in Result Only With Separate Written Opinion.; Concur in result only Opinion: McRae, P.J.

Crane Co. d/b/a Crane Defense Systems v. Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased; Jackson Circuit Court; LC Case #: 99-0166(3); Ruling Date: 02/21/2001; Ruling Judge: Dale Harkey; Majority Opinion: Easley, J.; Disposition: Reversed and Remanded. Appellee taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.

Charles Edward Morris, Jr. v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2001-0041; Ruling Date: 07/27/2001; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, J.; Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence is not to be reduced or suspended and the Appellant shall not be eligible for parole or probation during the term of his sentence. Sentence shall run consecutively with any and all sentences previously imposed. Coahoma County taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.

Mack C. Wells v. State of Mississippi; Leake Circuit Court; LC Case #: 8452; Ruling Date: 09/28/1995; Ruling Judge: Marcus Gordon; Disposition: Motion for Summary Judgment and Amended Petition for Post-Conviction Relief filed by counsel for Mack C. Wells are denied insofar as they seek a summary vacation of the death sentence or a jury trial on the issue of mental retardation. This matter is remanded to the Circuit Court of Scott County for the purposes of obtaining an evaluation of Wells' mental capacity and conducting an evidentiary hearing to determine whether Wells is mentally retarded as contemplated by the United States Supreme Court in Atkins v. Virginia. If the trial court determines that Wells is mentally retarded within the meaning of Atkins v. Virginia, then the trial court shall re-sentence him accordingly. This Court's previous stay of the briefing schedule shall remain in effect. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: McRae, P.J. Not Participating: Easley, J. Order entered.

Jackson Medical Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Grace Polles Moore and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 95704CIV; Ruling Date: 07/19/1999; Ruling Judge: Tomie Green; Disposition: Motion for Expedited Review filed by Appellee Grace Polles Moore is dismissed as moot. Order entered.

Jackson Medical Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Grace Polles Moore and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 95704CIV; Ruling Date: 07/19/1999; Ruling Judge: Tomie Green; Majority Opinion: Cobb, J.; Disposition: Reversed and Remanded. Appellees taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Diaz, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J. and Waller, J., not participating.

Eddie Bryant a/k/a E-Dog v. State of Mississippi; Washington Circuit Court; LC Case #: 99-00495; Ruling Date: 06/16/2000; 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 Eddie 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.

Mark Hancock and Suzanne Moore, Beneficiaries of the Life Insurance Proceeds of Mary Carlisle v. Mid American Insurance Services, Inc. d/b/a American Health and Life Insurance Company and /or Gulf Insurance Company; Lee Circuit Court; LC Case #: 96-167(G)L; Ruling Date: 07/11/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Smith, P.J.; Disposition: Reversed and Remanded. Appellees taxed with costs of appeal.; Votes: Waller, Easley and Carlson, JJ., Concur. Pittman, C.J., Concurs in Part. Cobb, J., Dissents Without Separate Written Opinion. McRae, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Diaz and Graves, JJ.; Concurring in Part and Dissenting in Part Opinion: McRae, P.J.; Votes: Diaz and Graves, JJ., Join This Opinion.

Troy M. Pittman, Jr. a/k/a Troy Myre Pittman, Jr. v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR-00-175; Ruling Date: 04/13/2000; Ruling Judge: Frank Russell; Disposition: Petition for writ of certiorari filed by counsel for Troy M. Pittman, Jr., is denied. To Deny: All Justices. Order entered.

Dudley Guice, Sr. v. Mississippi Life Insurance Company; Madison Chancery Court; LC Case #: 2000-226; Ruling Date: 09/01/2000; Ruling Judge: William Lutz; Majority Opinion: Smith, P.J.; Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Waller, Cobb, Easley and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Waller, J., Specially Concurs With Separate Written Opinion, Joined by Smith, P.J. Cobb and Carlson, JJ. McRae, P.J., Dissents With Separate Written Opinion, Joined by Diaz, J.; Specially Concurring Opinion: Waller, J.; Votes: Smith, P.J., Cobb and Carlson, JJ., Join This Opinion. ; Dissenting Opinion: McRae, P.J.; Votes: Diaz, J., Joins This Opinion.

Derwin Russell Bozeman v. State of Mississippi; Jackson Circuit Court; LC Case #: 98-10,464(1); Ruling Date: 08/15/2000; Ruling Judge: James Backstrom; Disposition: Petition for writ of certiorari filed by counsel for Derwin Russell Bozeman is denied. To Deny: All Justices. Order entered.

Cornelius Taylor v. State of Mississippi; Pearl River Circuit Court; LC Case #: 98-K-399E; Ruling Date: 06/06/2000; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed by Cornelius Taylor is denied. To Deny: All Justices. 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: Petition for writ of certiorari filed by Jerome J. Tott is denied. To Deny: All Justices. Order entered.

William A. C. Smith a/k/a William Christopher Smith v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2000-215-R(D); Ruling Date: 02/02/2001; Ruling Judge: George Ready; Disposition: Motion for rehearing filed by appellant is denied.

L.C. Benjamin v. Cornwell Well Service; Lincoln Circuit Court; LC Case #: 99-322; Ruling Date: 05/21/2001; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by L. C. Benjamin is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley and Carlson, JJ. To Grant: McRae, P.J., and Graves, J. Order entered.

Allen Gray Sheely, Sr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-98-01045; Ruling Date: 05/24/2001; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by Allen Gray Sheely, Sr., is denied. To Deny: All Justices. Order entered.

James L. Hill v. State of Mississippi; Clay Circuit Court; LC Case #: 2001-021; Ruling Date: 10/04/2001; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by James L. Hill, Pro Se, is denied. To Deny: All Justices. Order entered.

Ed Little v. Mississippi Department of Human Services; Harrison Circuit Court 2nd District; LC Case #: 2001-85; Ruling Date: 11/15/2001; Ruling Judge: Robert Walker; Disposition: On the Court's own motion, within fourteen days of entry of this order, Ed Little shall show cause, if any he can, why he should not be sanctioned in this matter for the disrespectful language used in his Petition for Rehearing filed with this Court. Show Cause Order entered.

In Re: Irrevocable Resignation from the Practice of Law of C. Aden McDaniel; ; LC Case #: ; Ruling Date: 12/30/1899; Ruling Judge: ; Majority Opinion: Smith, P.J.; Disposition: The irrevocable resignation for membership in The Mississippi Bar by C. Aden McDaniel is hereby accepted. This order shall constitute notice of irrevocable resignation in this cause. The Clerk of the Supreme Court of Mississippi shall immediately forward an attested copy of this order to the Circuit Court Judges and Chancellors in and for Hinds County, Mississippi, and the Senior Judges of such courts shall enter this order upon the minutes of their respective courts. The Clerk of the Supreme Court shall immediately forward an attested copy of this order to the Circuit Court Judges and Chancellors in and for Attala County, Mississippi, and the Senior Judges of such courts shall enter this order upon the minutes of their respective courts. The Clerk of the Supreme Court shall immediately forward a copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, and to the Clerk of the United States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United States. C. Aden McDaniel taxed with costs of appeal.; Votes: Pittman, C.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J. and Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; Disposition: Petition for Interim Suspension filed by the Mississippi Commission on Judicial Performance is granted. Leflore County Court Judge Solomon C. Osborne is hereby suspended from all duties as County Court Judge until further order of this Court. Graves, J., would deny the Petition with Separate Written Statement. McRae, P.J., Diaz and Easley, JJ., not participating. Order entered.