Mississippi Supreme Court

Hand Down Lists
February 28, 2002

02/28/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E., Jr.
X 2001-CA-00098-SCT

Lindsey, Elizabeth v. Mark Lindsey Tippah Chancery Court; LC Case#: 00-0322; Ruling Date: 09/27/2000; Ruling Judge: Norman Gillespie; Majority Opinion: Diaz, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Smith, P.J., Waller, J., Cobb, J., Carlson, J., Graves, J., Concur. Easley, J., Dissents Without Separate Written Opinion.


Cobb, Kay Beevers
X 2000-CA-01482-SCT

32 Pit Bulldogs and Other Property and Wilson Dalton Watkins v. County of Prentiss and Prentiss County Sheriff's Department Prentiss Circuit Court; LC Case#: CV00-190G; Ruling Date: 08/29/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Cobb, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Diaz, J., Carlson, J., Graves, J., Concur. McRae, P.J., Easley, J., Concur in result only.


Cobb, Kay Beevers
X 2000-KA-01671-SCT

McDowell, Antonio v. State of Mississippi Tallahatchie Circuit Court 1st District; LC Case#: 2000-14-B-T1; Ruling Date: 10/05/2000; Ruling Judge: Andrew Baker; Majority Opinion: Cobb, J. Disposition: Count I: Conviction of conspiracy to commit robbery and sentence of five (5) years in the custody of the Mississippi Department of Corrections, affirmed. Count II: Conviction of capital murder and sentence of life imprisonment, without the possibility of parole, in the custody of the Mississippi Department of Corrections, affirmed. Sentence in Count I shall run consecutively with the sentence in Count II. Tallahatchie County taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Smith, P.J., Waller, J., Diaz, J., Easley, J., Graves, J., Concur. Carlson, J., Not Participating.


Smith, James W., Jr.
X 2000-CC-00508-SCT

Doyle, Joanna H. v. Public Employees' Retirement System of Mississippi Hinds Circuit Court 1st District; LC Case#: 251-98282CIV; Ruling Date: 03/06/2000; 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., Waller, J., Cobb, J., Diaz, J., Carlson, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Not Participating.


Smith, James W., Jr.
X 2000-IA-01074-SCT

Illinois Central Railroad Company v. Mary Frances Travis, Administratrix of the Estate of Clifton Davis Travis, Jr., Deceased Marshall Circuit Court; LC Case#: M98-328; Ruling Date: 05/31/2000; Ruling Judge: R. Coleman; Majority Opinion: Smith, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Waller, J., Cobb, J., Diaz, J., Easley, J., Carlson, J., Graves, J., Concur.


McRae, Chuck
X 2000-IA-00504-SCT

B., D. D. a Minor, In the Interest of v. Jackson County Youth Court Jackson Youth Court; LC Case#: 14,233; Ruling Date: 02/08/2000; Ruling Judge: Kimberly Starks-Dudenbostel; Majority Opinion: McRae, P.J. Disposition: Affirmed and Remanded. Jackson County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Cobb, J., Diaz, J., Easley, J., Carlson, J., Graves, J., Concur.


McRae, Chuck
X 2000-CA-02114-SCT

Ekornes-Duncan, Martha K. v. Rankin Medical Center and Steven L. Chouteau Rankin Circuit Court; LC Case#: 97-58; Ruling Date: 09/26/2000; Ruling Judge: John Kitchens; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Cobb, J., Diaz, J., Carlson, J., Graves, J., Concur. Easley, J., Dissents Without Separate Written Opinion.


McRae, Chuck
X 2001-CA-00104-SCT

Manufab, Inc. v. Mississippi State Tax Commission Hancock Chancery Court; LC Case#: 2000-7; Ruling Date: 08/14/2000; Ruling Judge: Thomas Teel; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Cobb, J., Diaz, J., Easley, J., Carlson, J., Graves, J., Concur.


EN BANC
1999-CA-00745-SCT

City of Starkville v. 4-County Electric Power Association Oktibbeha Chancery Court; LC Case#: 950170; Ruling Date: 01/15/1999; Ruling Judge: Robert Lancaster; Disposition: Motion for rehearing filed by appellee is denied.


EN BANC
1999-CT-00947-SCT

Bessent, Quentin Izel v. State of Mississippi Rankin Circuit Court; LC Case#: 6081; Ruling Date: 05/24/1999; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Quentin Izel Bessent is denied. To Deny: All Justices. Order entered.


EN BANC
XXX 1999-CA-01451-SCT

Malone, Robert M., Individually and as Guardian, Natural Parent and Next Friend of Robert Ray Malone, Minor, Annette Michelle Clark Malone and Ashley Carter v. Capital Correctional Resources, Inc., and James Brewer, Individually and d/b/a Correctional Resources, Inc. Hinds Circuit Court 1st District; LC Case#: 251971148; Ruling Date: 08/02/1999; Ruling Judge: W. Yerger; Majority Opinion: Easley, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part and Reversed and Remanded in Part. Appellant and Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Graves, J., Concur. Carlson, J., Concurs in result only. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Votes: Diaz, J., Joins. Concurring in Part and Dissenting in Part Opinion: Smith, P.J. Votes: Cobb, J., Joins. Disposition: Motion for rehearing filed by appellant is granted.


EN BANC
X 1999-KA-01779-SCT

Stevens, Glynn v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 99-954CR; Ruling Date: 09/23/1999; Ruling Judge: James Graves, Jr.; Majority Opinion: Smith, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, affirmed. Hinds County taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Cobb, J., Diaz, J., Easley, J., Carlson, J., Concur. McRae, P.J., Concurs in result only. Graves, J., Not Participating. Disposition: Motion for rehearing filed by appellant is denied. Graves, J., not participating.


EN BANC
1999-CT-01981-SCT

The Kroger Company v. Loraine Scott Bolivar Circuit Court 1st District; LC Case#: 97-0004; Ruling Date: 08/23/1999; Ruling Judge: John Hatcher; Disposition: On 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 The Kroger Company is extended until March 14, 2002. A final decision on whether to grant or deny the petition shall be entered on or before March 14, 2002. Order entered.


EN BANC
XX 1999-CA-02001-SCT

Richardson, Linda, Individually and on behalf of the wrongful death heirs of Vivian Wheeless, deceased v. Methodist Hospital of Hattiesburg, Inc. now known as Wesley Health Center Lamar Circuit Court; LC Case#: 98-0088; Ruling Date: 11/04/1999; Ruling Judge: R. Prichard, III; Majority Opinion: Waller, J. Disposition: The motion for rehearing filed by Wesley Health Center is denied. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part and Reversed and Remanded in Part. Appellant and Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, J., Carlson, J., Concur. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Votes: Diaz, J., Easley, J., Graves, J., Join. Disposition: Motion for rehearing filed by Wesley Health Center is denied. McRae, P.J., Diaz, Easley and Graves, JJ., would grant.


EN BANC
1999-CT-02094-SCT

Dixon, Reginald B. a/k/a Reginald Bercell Dixon a/k/a "BoBe" v. State of Mississippi Lauderdale Circuit Court; LC Case#: 055-99; Ruling Date: 09/16/1999; Ruling Judge: Larry Roberts; Disposition: On 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 Reginald Dixon is extended until March 21, 2002. A final decision on whether to grant or deny the petition shall be entered on or before March 21, 2002. Order entered.


EN BANC
2000-CA-00626-SCT

Bond, Wiley A., Thomas A. Bourne, Clovis Broome, Theresa T. Conerly, Clifton Holmes, Lindy Poole, Arnold Roberts, Charles L. Rogers, Edward Stringer, James L. Tolar and Millard Van v. The Marion County Board of Supervisors, Lloyd G. Johnson, Individually and Officially, Hoy W. Stringer, Individually and Officially, Billy Ray McKenzie, Individually and Officially, Lloyd Irvin Fortenberry, Individually and Officially, Johnny Glenn String Marion Circuit Court; LC Case#: 97,0106; Ruling Date: 03/20/2000; Ruling Judge: William Coleman; Disposition: Motion for rehearing filed by appellants is denied. Easley, J., would grant.


EN BANC
2000-CT-00725-SCT

The Public Employees' Retirement System v. Ocenious Thomas Hinds Circuit Court 1st District; LC Case#: 251-99-0035; Ruling Date: 03/06/2000; Ruling Judge: James Graves, Jr.; Disposition: On 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 the Public Employees' Retirement System is extended until March 14, 2002. A final decision on whether to grant or deny the petition shall be entered on or before March 14, 2002. Order entered.


EN BANC
XX 2000-IA-00962-SCT

Board of Trustees of State Institutions of Higher Learning; Ricki R. Garrett; Carl Nicholson, Jr.; Nan McGahey Baker; Thomas W. Colbert; William S. Crawford; Larry E. Homan; J. Marlin Ivey; James Roy Klumb; James W. Luvene; D.E. Magee, Jr.; Virginia Shant v. Olon E. Ray; Ted J. Alexander; Jimmy C. Hopper; Mississippi Association of Community and Junior Colleges Inter-Alumni Association; Bennie Stone Gooden; Robert Lamar Goza; H. Kirk Moore, Jr.; Beverly C. Smith; K. Keenan Benefield; Cornelius B. Carter; Mere Hinds Chancery Court 1st District; LC Case#: G99-2447 S/2; Ruling Date: 05/30/2000; Ruling Judge: William Singletary; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Cobb, J., Carlson, J., Graves, J., Concur. Diaz, J., Concurs in Part . Easley, J., Dissents Without Separate Written Opinion. Concurring Opinion: McRae, P.J. Votes: Diaz, J., Joins.


EN BANC
XX 2000-CC-01090-SCT

Beverly Enterprises v. Mississippi Division of Medicaid Hinds Chancery Court 1st District; LC Case#: G-99-1442; Ruling Date: 06/05/2000; Ruling Judge: Pat Wise; Majority Opinion: Easley, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Diaz, J., Carlson, J., Concur. Cobb, J., Concurs in result only. Dissenting Opinion: McRae, P.J. Votes: Graves, J., Joins. Disposition: Motion for rehearing filed by appellant is granted. McRae, P.J., and Graves, J., would deny.


EN BANC
2000-CT-01429-SCT

Herbrandson, Carmen v. Kim Thompson Leake Circuit Court; LC Case#: 99-CV-045-LE; Ruling Date: 06/02/2000; Ruling Judge: V. Cotten; Disposition: On 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 Carmen Herbrandson is extended until February 28, 2002. A final decision on whether to grant or deny the petition shall be entered on or before February 28, 2002. Order entered.


EN BANC
2000-CT-01429-SCT

Herbrandson, Carmen v. Kim Thompson Leake Circuit Court; LC Case#: 99-CV-045-LE; Ruling Date: 06/02/2000; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by Carmen Herbrandson is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: Easley, J. Order entered.


EN BANC
X 2000-CA-01462-SCT

Hollingsworth, Tie-Reace, a minor by and through Judia McDonald, his Mother and Next Friend v. City of Laurel, Mississippi, Officer Macon Davis, in his official capacity with the Laurel Police Department, and Laurel Police Department Jones Circuit Court 2nd District; LC Case#: 99-204-CV12; Ruling Date: 08/15/2000; Ruling Judge: Billy Landrum; Majority Opinion: Pittman, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: McRae, P.J., Smith, P.J., Waller, J., Cobb, J., Diaz, J., Carlson, J., Graves, J., Concur. Easley, J., Concurs in result only.


EN BANC
2002-JP-00251

Teel, Walter W., Chancellor for the Eighth Chancery Court District of Mississippi, In the Matter of LC Case#: 2001-277; Ruling Date: 02/12/2002; Disposition: Memorandum of Understanding and Order Accepting Memorandum of Understanding and Recommendation to the Mississippi Supreme Court filed by the Mississippi Commission on Judicial Performance and Walter W. Teel, Chancellor for the Eighth Chancery Court District of Mississippi are received and filed. Chancellor Teel shall promptly complete those cases presently before him that have been taken under advisement, and Chancellor Teel is hereby suspended with pay from further duties as chancellor until such time as the criminal charges now pending against him in the Circuit Court of Harrison County, Mississippi, and the Formal Complaint before the Mississippi Commission on Judicial Performance have been fully resolved, or until further order of this Court. The Clerk of this Court is hereby directed to forthwith deliver true certified copies of this Order to Luther T. Brantley, III, Executive Director of the Mississippi Commission on Judicial Performance; Chancellor Walter W. Teel; John H. Whitfield, Counsel for Chancellor Teel; the Administrative Office of Courts; and to the Chancery Clerk of Harrison, Hancock and Stone Counties for entry upon the minutes of the chancery courts of those counties. McRae, P.J., and Diaz and Easley, JJ., would approve and adopt the Memorandum of Understanding for a leave of absence. Graves, J., not participating.