03/13/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2001-KA-01661-SCT

Demetrius Diontra Barber v. State of Mississippi; Clay Circuit Court; LC Case #: 7689; Ruling Date: 04/13/2001; Ruling Judge: Lee Howard; Majority Opinion: Graves, J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Without Eligibility for Parole, Affirmed. Clay County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz. Easley and Carlson, JJ., Concur.

Kenneth Moody v. State of Mississippi; Perry Circuit Court; LC Case #: 4856; Ruling Date: 04/12/2001; Ruling Judge: Richard McKenzie; Majority Opinion: Carlson, J. Disposition: On Change of Venue to Harrison County, Second Judicial District. Count I: Conviction of Capital Murder and Sentence of Life Imprisonment, Without Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Capital Murder and Sentence of Life Imprisonment, Without Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences Shall Run Consecutively with each other and not Concurrently. Perry County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley and Graves, JJ., Concur. McRae, P.J. not participating.

Kelly R. Faris Jernigan Isom v. Jay L. Jernigan; Forrest Chancery Court; LC Case #: 94-0395-GN; Ruling Date: 03/07/2001; Ruling Judge: J. Buffington; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. Pittman, C.J., and McRae, P.J., not participating.

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: Petition for writ of certiorari filed by counsel for F. Baxter and Kathryn Lane is granted. To Grant: Pittman, C.J., McRae, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: Smith, P.J., and Easley, J. 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: Petition for writ of certiorari filed by counsel for Alfonso Realty, Inc., is denied. To Deny: Pittman, C.J., McRae, P.J., Waller, Cobb, Diaz, Easley and Carlson, JJ. To Grant; Smith, P.J., and Graves, J. Order entered.

Bonnie Haggerty v. Steven Foster and Foster Construction Company; Harrison Circuit Court 1st District; LC Case #: A2401-98-00366; Ruling Date: 05/25/2000; Ruling Judge: Kosta Vlahos; Disposition: Motion for rehearing filed by appellant is denied.

Danny McGleachie v. State of Mississippi; Sunflower Circuit Court 1st District; LC Case #: 2001-0025-M; Ruling Date: 04/24/2001; Ruling Judge: Gray Evans; Disposition: Petition for writ of certiorari filed by Danny McGleachie is denied. To Deny: All Justices. Order entered.

Robert Lester Cox v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR-2000-8-CTI; Ruling Date: 06/08/2001; Ruling Judge: George Carlson, Jr.; Majority Opinion: Waller, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Tallahatchie County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Carlson, J., not participating.

M. C. Gholston v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2000-0122-CR; Ruling Date: 10/11/2001; Ruling Judge: Joseph Loper, Jr.; 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 M. C. Gholston is extended until April 3, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 3, 2003. Order entered.

Jim Doe, a Minor by and through his Mother and Next Friend, Mary Doe v. Jackson Public School District, Wright Security Services, Inc., and John Does # 1-10; Hinds Circuit Court 1st District; LC Case #: 251-99-643-CIV; Ruling Date: 09/25/2002; Ruling Judge: W. Yerger; Disposition: Petition for Interlocutory Appeal filed by counsel for petitioner is hereby granted. This matter is hereby remanded to the Circuit Court of Hinds County, Mississippi, for further proceedings consistent with this order. Petitioner is taxed with all costs of this appeal. Cobb, J., for the Court. McRae, P.J., and Diaz, J., not participating. Order entered.

W. G. Yates & Sons Construction Company and Richard Dean v. Bonnie Brock; Hinds Circuit Court 1st District; LC Case #: 251-01-897 CIV; Ruling Date: 02/25/2003; Ruling Judge: Winston Kidd; Disposition: An order denying the petitioners' request for an interlocutory appeal was entered on March 3, 2003. Justice Diaz has requested that he be shown as voting with the majority to deny the petition. The order is hereby amended to reflect his vote. Petition for Permission for Certification of Interlocutory Order for Appeal filed by W. G. Yates & Sons Construction Company and Richard Dean is denied. Motion to Expedite Appellants' Petition is dismissed as moot. To Deny: Pittman, C.J., McRae, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ. To Grant: Smith, P.J., and Cobb, J. Amended Order entered.

W. G. Yates & Sons Construction Company and Richard Dean v. Bonnie Brock; Hinds Circuit Court 1st District; LC Case #: 251-01-897 CIV; Ruling Date: 02/25/2003; Ruling Judge: Winston Kidd; Disposition: An order denying the petitioners' request for an interlocutory appeal was entered on March 3, 2003. Justice Diaz has requested that he be shown as voting with the majority to deny the petition. The order is hereby amended to reflect his vote. Petition for Permission for Certification of Interlocutory Order for Appeal filed by W. G. Yates & Sons Construction Company and Richard Dean is denied. Motion to Expedite Appellants' Petition is dismissed as moot. To Deny: Pittman, C.J., McRae, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ. To Grant: Smith, P.J., and Cobb, J. Amended Order entered.