02/24/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2003-KA-02180-SCT

Draper S. Kelly a/k/a Poppa Don v. State of Mississippi; Marion Circuit Court; LC Case #: K02-0252P; Ruling Date: 09/05/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Graves, J. Disposition: Conviction of the sale or transfer of a controlled substance, Schedule II (Cocaine 0.1 gram) and sentence of thirty (30) years, twenty-five (25) years to serve and five (5) years suspended, in the custody of the Mississippi Department of Corrections, with conditions, together with payment of all costs, affirmed. Sentence shall run consecutively to any sentence appellant is now serving. Marion County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Mitchell D. Price, Sr. a/k/a Lucky v. State of Mississippi; Marion Circuit Court; LC Case #: K02-0146P; Ruling Date: 09/26/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Graves, J. Disposition: COUNT I: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with said sentence to begin 9/26/2003 and run for twenty (20) years from and after said date, affirmed. COUNT II: Conviction of statutory rape and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, affirmed. COUNT III: Conviction of statutory rape and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, affirmed. Said sentences shall run consecutively for a total of forty (40) years. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

Simmie Bright, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2002-0095; Ruling Date: 05/15/2002; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed pro se by Simmie Bright, Jr., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Mississippi Department of Marine Resources v. Sydney Brown and Stephanna Brown; Jackson Chancery Court; LC Case #: 2000-2337(GB); Ruling Date: 06/11/2002; Ruling Judge: Glenn Barlow; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Sydney Brown and Stephanna Brown taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Anthony Jackson v. State of Mississippi; Marion Circuit Court; LC Case #: K01-0365E; Ruling Date: 10/11/2002; Ruling Judge: Michael Eubanks; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ.,not participating.

Anne Callaway Sweat Thompson v. Allen Hale Thompson; Washington Chancery Court; LC Case #: 00723; Ruling Date: 09/09/2002; Ruling Judge: Ceola James; Disposition: Petition for writ of certiorari filed by counsel for Allen Hale Thompson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Kenneth Wayne Dunlap v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0169-J; Ruling Date: 06/20/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed pro se by Kenneth Wayne Dunlap is dismissed. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. Not Participating: Diaz and Dickinson, JJ. Order entered.

Cives Steel Company Port of Rosedale and Employers Insurance of Wausau, A Mutual Company v. Walter Williams, Jr.; Bolivar Circuit Court 1st District; LC Case #: 2002-22; Ruling Date: 03/21/2003; Ruling Judge: Larry Lewis; Majority Opinion: Smith, C.J. Disposition: Vacated and Dismissed. Cives Steel Company Port of Rosedale and Employers Insurance of Wausau, a Mutual Company taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Barber Seafood, Inc. d/b/a Uncle Chester's Fish House and Mississippi Restaurant Association Workmen's Compensation Trust v. Sandra Louise Smith; Pearl River Circuit Court; LC Case #: CVV2002-0536; Ruling Date: 03/12/2003; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Barber Seafood, Inc., and Mississippi Restaurant Association Workers' Compensation Trust is granted. Petition for writ of certiorari filed by counsel for Sandra Louise Smith is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Shannon Montgomery and John David Montgomery as the Lawful Heirs of David E. Montgomery, Deceased v. SmithKline Beecham Corporation f/k/a GlaxoWellcome, Inc., d/b/a Glaxosmithkline; Edward Gore, M.D.; North Mississippi Medical Center; North Mississippi Family Medical Clinic, Inc., d/b/a Chickasaw Family Medical Clinic; and Wal-Mart Stores, Inc.; Lee Circuit Court; LC Case #: CV01-301(G)L; Ruling Date: 01/05/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Easley, J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Easley, J.

Gary W. Pannell v. Tombigbee River Valley Water Management District; Lee Circuit Court; LC Case #: CV02-299(G)L; Ruling Date: 06/26/2003; Ruling Judge: Thomas Gardner, III; Consolidated with 2004-CC-01368-SCT Tombigbee River Valley Water Management District v. Mississippi Employment Security Commission and Gary W. Pannell; Lee Circuit Court; LC Case #: CV02-191(PF)L; Ruling Date: 06/25/2004; Ruling Judge: Paul Funderburk; Disposition: Motion to Clarify and/or Reconsider Order or in the Alternative to Remand filed by the State of Mississippi is denied. Diaz, J, not participating. Order entered.

Tombigbee River Valley Water Management District v. Mississippi Employment Security Commission and Gary W. Pannell; Lee Circuit Court; LC Case #: CV02-191(PF)L; Ruling Date: 06/25/2004; Ruling Judge: Paul Funderburk; Consolidated with 2004-CC-00663-SCT Gary W. Pannell v. Tombigbee River Valley Water Management District; Lee Circuit Court; LC Case #: CV02-299(G)L; Ruling Date: 06/26/2003; Ruling Judge: Thomas Gardner, III; Disposition: Motion to Clarify and/or Reconsider Order or in the Alternative to Remand filed by the State of Mississippi is denied. Diaz, J, not participating. Order entered.

Bernard Law v. John Does 6 Through 9; Hinds Circuit Court 1st District; LC Case #: 251-02-1816 CIV; Ruling Date: 12/20/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Interlocutory Appeal filed by counsel for Bernard Law is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley, J. Not Participating: Diaz and Randolph, JJ. Order entered.

Catholic Diocese of Jackson, St. Mary's Catholic Church, William R Houck, and Michael Flannery vs. John Does 6 through 9; Hinds Circuit Court 1st District; LC Case #: 251-02-1816CIV; Ruling Date: 12/20/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Interlocutory Appeal filed by counsel for the Catholic Diocese of Jackson, St. Mary's Catholic Church, William R. Houck and Michael Flannery is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley, J. Not Participating: Diaz and Randolph, JJ. Order entered.