02/20/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E.
X  2001-KA-01235-SCT

Thomas Edward Smith v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2000-0118-C-P2; Ruling Date: 06/20/2001; Ruling Judge: George Carlson, Jr.; Majority Opinion: Diaz, J. Disposition: Count I: Conviction of Conspiracy to Possess Cocaine and Sentence of Five (5) Years in the Custody of the Mississippi Department of Corrections, together with Payment of a Fine in the Amount of $5,000.00 and Court Costs, Affirmed. Count II: Conviction of Possession of Cocaine with the Intent to Sell or Distribute and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, together with Payment of a Fine of $5,000.00, all Fees and Court Costs, Affirmed. Sentence in Count II shall run Concurrently with the Sentence in Count I. Panola County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Carlson, J., not participating.

Curtis Giovanni Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 97-372; Ruling Date: 03/31/1999; Ruling Judge: C. Morgan, III; Disposition: Appellee's Motion to Correct Appellee's Brief is denied. Order entered.

Curtis Giovanni Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 97-372; Ruling Date: 03/31/1999; Ruling Judge: C. Morgan, III; Majority Opinion: Carlson, J. Disposition: On Change of Venue to Harrison County, First Judicial District. Reversed and Remanded. Montgomery County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Graves, JJ., Concur. McRae, P.J., and Easley, J., Dissent Without Separate Written Opinion.

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 April 11, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 11, 2003. Order entered.

F. Baxter Lane and Kathryn Lane v. A. J. M. Oustalet, Jr., Alfonso Realty, Inc., and Jerry Rosetti, Esquire; Harrison Circuit Court 1st District; LC Case #: A-2401-97-00523; Ruling Date: 10/05/2000; Ruling Judge: John Whitfield; 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 F. Baxter Lane and Kathryn Lane and the petition for writ of certiorari filed by Alfonso Realty, Inc., is extended until March 14, 2003. A final decision on whether to grant or deny the petitions shall be entered on or before March 14, 2003. Order entered.

Mark Rodriguez Alonso v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-99-236; Ruling Date: 12/07/2000; Ruling Judge: William Coleman; Disposition: Petition for writ of certiorari filed by Mark Rodriguez Alonso is denied. To Deny: All Justices. Order entered.

Roy Adams a/k/a Roy Lee Adams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: G-369; Ruling Date: 12/15/2000; 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 Roy Adams is extended until March 31, 2003. A final decision on whether to grant or deny the petition should be entered on or before March 31, 2003. Order entered.

Travelers Property Casualty Corp. v. Teresa Stokes; Madison Circuit Court; LC Case #: 98-0119; Ruling Date: 12/15/2000; Ruling Judge: John Kitchens; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. McRae, P.J., Diaz and Graves, JJ., Dissent Without Separate Written Opinion.

Billy Wayne Kelly v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 9966; Ruling Date: 11/15/2000; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Billy Wayne Kelly is denied. To Deny: All Justices. Order entered.

Billy Ray Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-144; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Consolidated with 2001-KA-00665-SCT Charlie Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-208; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Consolidated with 2001-KA-00656-SCT Jason Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-344; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Majority Opinion: Pittman, C.J. Disposition: Reversed and Remanded. Madison County taxed with costs of appeal. Votes: McRae, P.J., Waller, Diaz and Graves, JJ., Concur. Smith, P.J., Dissents with Separate Written Opinion Joined by Easley and Carlson, JJ. Cobb, J., Dissents with Separate Written Opinion Joined by Easley, J. Easley, J., Dissents with Separate Written Opinion. Dissenting Opinion: Smith, P.J. Votes: Easley and Carlson, JJ., Join This Opinion. Dissenting Opinion: Cobb, J. Votes: Easley, J., Joins This Opinion. Dissenting Opinion: Easley, J.

Martha M. Best a/k/a Martha M. Hinton Best v. Howard Clayton Hinton; Lamar Chancery Court; LC Case #: 13,467-TH; Ruling Date: 02/28/2001; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by Howard Clayton Hinton is denied. To Deny: Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ. To Grant: Pittman, C.J., McRae, P.J., and Cobb, J. Order entered.

Southland Enterprises, Inc. v. Newton County, Mississippi; Newton Circuit Court; LC Case #: 00-CV-047-NW; Ruling Date: 12/07/2000; Ruling Judge: V. Cotten; Majority Opinion: Diaz, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley and Graves, JJ., Concur. Smith, P.J., Dissents With Separate Written Opinion Joined by Waller, Cobb and Carlson, JJ. Dissenting Opinion: Smith, P.J. Votes: Waller, Cobb and Carlson, JJ., Join This Opinion.

Gregory Taylor v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-021-K; Ruling Date: 05/11/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Gregory Taylor is denied. To Deny: All Justices. Order entered.

Joe Pate, a/k/a Joseph Paite, a/k/a Joe Paite v. State of Mississippi; Holmes Circuit Court; LC Case #: 10,584; Ruling Date: 02/23/2001; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by counsel for Joe Pate is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. 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 March 7, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 7, 2003. Order entered.

City of Jackson, Mississippi v. Rebecca F. Brister, Executrix of the Estate of Jamie Fowler Boyll, Deceased; and Guy L. Boyll, III, and Jill Fowler Boyll, Heirs at Law of Jamie Fowler Boyll, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-259CIV; Ruling Date: 07/26/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Cobb, Diaz and Carlson, JJ., Concur. Easley, J., Dissents With Separate Written Opinion. Waller and Graves, JJ., not participating. Dissenting Opinion: Easley, J.