03/20/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2001-KA-01361-SCT

Leigh Stubbs and Tammy Vance v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-362-MS; Ruling Date: 06/30/2001; Ruling Judge: Mike Smith; Majority Opinion: Carlson, J. Disposition: Count I: Conviction of Conspiracy to Possess Morphine and Grand Larceny and Sentence of Five (5) Years in the Custody of the Mississippi Department of Corrections, Affirmed as to each Appellant. Count II: Conviction of Possession of Morphine and Sentence of Twenty-Four (24) Years in the Custody of the Mississippi Department of Corrections, Affirmed as to each Appellant. Count III: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed as to each Appellant. Count I shall run concurrently with Count II. Counts I and II shall run consecutively with Count III. Appellants shall each pay court costs; $115,000.00 Fine ($5,000.00 for Count I, $100,000.00 for Count II, and $10,000.00 for Count III); One-Half Medical Expenses Incurred by the Victim as a Result of this Crime; One-Half the Expense of the Medical Expert Testimony; One-Half the Expense of Gathering Medical Records Needed for Trial; and One-Half the Cost of Service of Process for Witnesses. Appellants taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Graves, JJ., Concur.

Milton Stephens, Helen S. Stephens and Henry E. Palmer v. The Equitable Life Assurance Society of the United States and George C. Bell; Sunflower Circuit Court; LC Case #: 2001-0561-Cl; Ruling Date: 03/05/2002; Ruling Judge: Richard Smith; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Carlson and Graves, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., not participating.

In the Matter of the Estate of Byron Keith Miller, Deceased, Kenneth Miller, Administrator: Jeanette Page, Administratrix of the Estate of Martha Jeanette Page Miller v. Ann H. Miller, Guardian of the Estate of Hunter Keith Miller; Lamar Chancery Court; LC Case #: 99-0496-GN-TH; Ruling Date: 01/23/2002; Ruling Judge: James Thomas, Jr.; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

John Henry Seeling, IV v. State of Mississippi; Hancock Circuit Court; LC Case #: B-2301-99-0235; Ruling Date: 03/30/2001; Ruling Judge: Kosta Vlahos; Majority Opinion: Smith, P.J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Without Parole, Affirmed. Hancock County taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Reginald Torlentus Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 952426; Ruling Date: 09/11/1996; Ruling Judge: James Graves, Jr.; Disposition: On the Court's own motion, the mandate issued February 3, 2000, is hereby recalled and a briefing schedule for supplemental briefs shall issue as follows. Johnson's supplemental brief shall be filed within thirty days from the date of entry of this order. The supplemental brief on behalf of the State of Mississippi shall be filed within thirty days after service of Johnson's supplemental brief. Johnson's reply brief shall be filed within fifteen days after service of the supplemental brief of the State of Mississippi. Order entered.

Jason Ray Smith, as Guardian and Next Friend of April Alvarez, a Minor, and April Alvarez, Individually, and the Estate of Antonio Alvarez v. John Payne and Massengill Trucking Service, Inc.; Lee Circuit Court; LC Case #: 97-116(F)(L); Ruling Date: 10/05/1999; Ruling Judge: Barry Ford; Disposition: Motion for rehearing filed by appellee is denied.

Robert Whiddon and Susan Whiddon v. Jesse D. Smith and United Parcel Service, Inc.; Lamar Circuit Court; LC Case #: 98-0251; Ruling Date: 07/28/2000; Ruling Judge: Michael Eubanks; 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 Robert Whiddon and Susan Whiddon is extended until May 23, 2003. A final decision on whether to grant or deny the petition shall be entered on or before May 23, 2003. Order entered.

Taras Lataj Savannah v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-970; Ruling Date: 01/31/2001; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Taras Lataj Savannah is denied. To Deny: Pittman, C.J., McRae, P.J., Waller, Diaz, Easley and Graves, JJ. To Grant: Smith, P.J., Cobb and Carlson, JJ. Order entered.

Re/Max Real Estate Partners, Inc., Re-Max Real Estate Partners, and Judith H. Corts v. Pamela Lindsley; Lamar Chancery Court; LC Case #: 2001-0037-GN-W; Ruling Date: 03/19/2001; Ruling Judge: Johnny Williams; Majority Opinion: Diaz, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley and Graves, JJ., Concur. Waller, J., Dissents with Separate Written Opinion joined by Smith, P.J., Cobb and Carlson, JJ. Dissenting Opinion: Waller, J. Votes: Smith, P.J., Cobb and Carlson, JJ., Join This Opinion.

Arden Harris v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-004-K; Ruling Date: 05/15/2001; Ruling Judge: Robert Bailey; 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 Arden Harris is extended until April 30, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 30, 2003. Order entered.

Terry Pegues v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK00-446; Ruling Date: 08/02/2001; Ruling Judge: R. Coleman; Disposition: Petition for writ of certiorari filed by Terry Pegues is denied. To Deny: All Justices. Order entered.

Thomas Green v. Emmitt Sparkman, Robert Johnson, Barbara Bailey; Sunflower Circuit Court; LC Case #: 2001-0066-M; Ruling Date: 10/09/2001; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed pro se by Thomas Green is denied. To Deny: All Justices. Order entered.

Norwest Financial Mississippi, Inc., Wells Fargo Financial Mississippi, Inc. and Centurion Life Insurance Company v. Paula F. McDonald, Eula Lindsey, Barbara J. Jones, Darryl Matthews, Azalene Hare and Kevin Jones; Jasper Circuit Court 1st District; LC Case #: 11-0086; Ruling Date: 06/03/2002; Ruling Judge: Robert Evans; Disposition: Petition for Permission to Appeal Interlocutory Order filed by Norwest Financial Mississippi, Inc., et al., is granted. Motion for Leave to File Supplemental Brief filed by the petitioners is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, and Carlson, JJ. To Deny: McRae, P.J., Diaz, Easley and Graves, JJ. Order entered.

Metropolitan Life Insurance Company v. Robert Glen Bender, M.D., et al.; Jasper Circuit Court 1st District; LC Case #: 10-0044; Ruling Date: 11/20/2002; Ruling Judge: Robert Evans; Disposition: Petition for Permission to Appeal Interlocutory Order filed by Petitioner is granted. Petitioner is directed to proceed under M.R.A.P. 3, 4, 10 and 11. All proceedings in Cause No. 10-0044, Jasper County Circuit Court, are stayed pending this Court's decision in the interlocutory appeal. McRae, P.J., Easley and Graves, JJ., would deny. Diaz, J., not voting. Order entered.

Georgia-Pacific Corporation, Inc. v. Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore; Smith Circuit Court; LC Case #: 97-0036, 97-0044, 98-0027; Ruling Date: 11/21/2002; Ruling Judge: Robert Evans; Disposition: Georgia-Pacific Corporation's Emergency Motion for Stay is granted and all proceedings are stayed pending disposition of the petition for interlocutory appeal presently before the Court. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., Diaz, Easley and Graves, JJ. Order entered.

City of Jackson v. Carolyn Green and Charles Tisdale; Hinds Circuit Court 1st District; LC Case #: 251-03-317; Ruling Date: 02/27/2003; Ruling Judge: Tomie Green; Disposition: This matter came before the Court, en banc, upon the Emergency Application of the City of Jackson for Stay of the Preliminary Injunction and Petition for Appeal of Interlocutory Order. After due consideration, the Court finds that a partial stay of the trial court's order dated February 27, 2003, should be granted only as it pertains to the trial court ordering the Mayor of the City of Jackson to resubmit appointments to the Jackson City Council for confirmation on or before March 17, 2003. This partial stay shall be in effect pending further consideration of this matter. McRae, P.J., would deny the stay. Easley, J., not participating. Order entered.