04/03/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
XX  2001-CC-01882-SCT

Public Employees' Retirement System v. Elsie Dearman; Hinds Circuit Court 1st District; LC Case #: 251-00-0522CIV; Ruling Date: 10/11/2001; Ruling Judge: Tomie Green; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Easley and Carlson, JJ., Concur. Cobb, J., Dissents with Separate Written Opinion. Dissenting Opinion: Cobb, J.

Eric Clark, Secretary of State, State of Mississippi v. Stephen D. Lee Foundation, a Non-Profit Corporation; Lowndes Chancery Court; LC Case #: 99-0592; Ruling Date: 01/16/2002; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Waller, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: McRae, P.J.

In Re: Mississippi Rules of Evidence; Disposition: On the Court's own motion, Rule 504 of the Mississippi Rules of Evidence and the Comment thereto are amended as set forth in Exhibit "A" to this order. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. McRae, P.J., and Easley, J., Dissent. Diaz, J., Not Participating. 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; Disposition: Motion to Modify/Clarify Opinion filed by the State of Mississippi is granted. See opinion of this Court handed down this date.

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03/31/1999; Ruling Judge: C. Morgan, III; Majority Opinion: Carlson, J. Disposition: This Court's prior opinion is withdrawn, and this opinion is substituted therefor. 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.

Thomas Lee Robison v. Carol Denise Robison Lanford; Sunflower Chancery Court; LC Case #: 24305; Ruling Date: 07/28/1999; Ruling Judge: Jane Weathersby; Majority Opinion: Cobb, J. Disposition: Court of Appeals' Judgment Affirmed, and Chancery Court's Judgment Reversed and Remanded. Carol Denise Robison Lanford taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Tyrone Alexander v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-036; Ruling Date: 04/05/2000; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Tyrone Alexander is denied. To Deny: All Justices. Order entered.

Tyrone Alexander v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-036; Ruling Date: 04/05/2000; Ruling Judge: Thomas Gardner, III; 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 Tyrone Alexander is extended until April 4, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 4, 2003. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; 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 Ted Smith 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.

Louis Rene Carite, Jr. v. Barbara Carite; Hinds Chancery Court 1st District; LC Case #: 142,863 R/1; Ruling Date: 04/25/2001; Ruling Judge: Stuart Robinson; Disposition: Petition for writ of certiorari filed by Louis Rene Carite, Jr., is denied. To Deny: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae and Smith, P.JJ. Order entered.

Glenn Shirley v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-113; Ruling Date: 05/22/2001; Ruling Judge: Tomie Green; 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 Glenn Shirley is extended until April 10, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 10, 2003. Order entered.

Darrell Ray Morris v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,247(1); Ruling Date: 05/18/2001; Ruling Judge: James Backstrom; 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 Darrell Ray Morris is extended until April 10, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 10, 2003. Order entered.

Larry Teer v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2001-0059; Ruling Date: 08/01/2001; Ruling Judge: Larry Lewis; 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 Larry Teer is extended until April 10, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 10, 2003. Order entered.

Bennie Tillman v. State of Mississippi; Marion Circuit Court; LC Case #: K00-0038P; Ruling Date: 06/29/2001; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Bennie Tillman is denied. To Deny: All Justices. Order entered.

Stephanie (Sadler) McMurry v. William Sadler; Neshoba Chancery Court; LC Case #: 15,424; Ruling Date: 08/24/2001; Ruling Judge: Edward Prisock; 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 Stephanie McMurry is extended until April 24, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 24, 2003. Order entered.

Stella G. Connell v. The State of Mississippi, acting through The Mississippi Department of Corrections and The State Parole Board; Lafayette Circuit Court; LC Case #: L-00-157; Ruling Date: 12/26/2001; Ruling Judge: R. Coleman; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Cobb and Diaz, JJ., not participating.

Mississippi Commission on Judicial Performance v. Pat Carr; LC Case #: 2001-231; Ruling Date: 11/08/2002; Ruling Judge: C. Morgan, III; Disposition: Joint Motion to Adopt the Agreed Statement of Facts and Proposed Recommendations is granted. Judge Pat Carr, Justice Court Judge for the Northern District of Lee County, shall be publically reprimanded, pay a fine of $500.00 plus costs of $1400.00. McRae, P.J., for the Court. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Bertha Grant, et al.; Smith Circuit Court; LC Case #: 2002-102; Ruling Judge: Robert Evans; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by Janssen Pharmaceutica, Inc. and Johnson & Johnson is granted. This appeal shall be expedited. Petitioners shall pay the docket fee as required by M.R.A.P. 3(e) within seven (7) days following the date of entry of this order and the record on appeal shall be transmitted and filed with the Clerk of this Court within twenty-one (21) days following the entry of this order. The Petitioners' brief shall be filed with the Clerk of this Court within twenty-one (21) days following the transmission of the appellate record and the Respondents' brief shall be filed within twenty-one (21) days after service of the Petitioners' brief, or if none is filed, from the last day on which one could have been filed. The Petitioners' reply brief, if any, shall be filed within seven days (7) days after service of the Respondents' brief. The parties are directed to proceed under M.R.A.P. 3, 4, 5, 10 and 11 regarding all other matters. All proceedings in cause no. 2002-102, Circuit Court of Smith County are stayed pending this Court's decision in the interlocutory appeal. Easley and Graves, JJ., would deny. McRae, P.J., Waller and Diaz, JJ., not participating. Order entered.

Janssen Pharmaceutica Inc., Johnson & Johnson, v. Joe Keys, et al.; Smith Circuit Court; LC Case #: 2002-120; Ruling Judge: Robert Evans; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by Janssen Pharmaceutica, Inc., and Johnson & Johnson is granted. This appeal shall be expedited. Petitioners shall pay the docket fee as required by M.R.A.P. 3(e) within seven (7) days following the date of entry of this order and the record on appeal shall be transmitted and filed with the Clerk of this Court within twenty-one (21) days following the entry of this order. The Petitioners' brief shall be filed with the Clerk of this Court within twenty-one (21) days following the transmission of the appellate record and the Respondents' brief shall be filed within twenty-one (21) days after service of the Petitioners' brief, or if none is filed, from the last day on which one could have been filed. The Petitioners' reply brief, if any, shall be filed within seven (7) days after service of the Respondents' brief. The parties are directed to proceed under M.R.A.P. 3, 4, 5, 10 and 11 regarding all other matters. All proceedings in cause no. 2002-120, Circuit Court of Smith County, are stayed pending this Court's decision in the interlocutory appeal. Easley and Graves, JJ., would deny. McRae, P.J., Waller and Diaz, JJ., not participating. Order entered.

Janssen Pharmaceutica, Inc., Johnson & Johnson v. Izola Scott, et al.; Holmes Circuit Court; LC Case #: 2002-126; Ruling Judge: Jannie Lewis; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by Janssen Pharmaceutica, Inc., and Johnson & Johnson is granted. This appeal shall be expedited. Petitioners shall pay the docket fee as required by M.R.A.P. 3(e) within seven (7) days following the date of the entry of this order and the record on appeal shall be transmitted and filed with the Clerk of this Court within twenty-one (21) days following the entry of this order. The Petitioners' brief shall be filed with the Clerk of this Court within twenty-one (21) days following the transmission of the appellate record and the Respondents' brief shall be filed within twenty-one (21) days after service of the Petitioners' brief, or if none is filed, from the last day on which one could have been filed. The Petitioners' reply brief, if any, shall be filed within seven (7) days after service of the Respondents' brief. The parties are directed to proceed under M.R.A.P. 3, 4, 5, 10 and 11 regarding all other matters. All proceedings in cause no. 2002-126, Circuit Court of Holmes County are stayed pending this Court's decision in the interlocutory appeal. Easley and Graves, JJ., would deny. McRae, P.J., Waller and Diaz, JJ., not participating. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Colantha Armond, et al.; Jones Circuit Court 1st District; LC Case #: 2002-4-CV2; Ruling Date: 02/24/2003; Ruling Judge: Billy Landrum; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by Janssen Pharmaceutica, Inc., and Johnson & Johnson is granted. This appeal shall be expedited. Petitioners shall pay the docket fee as required by M.R.A.P. 3(e) within seven (7) days following the date of entry of this order and the record on appeal shall be transmitted and filed with the Clerk of this Court within twenty-one (21) days following the entry of this order. The Petitioners' brief shall be filed with the Clerk of this Court within twenty-one (21) days following the transmission of the appellate record and the Respondents' brief shall be filed within twenty-one (21) days after service of the Petitioners' brief, or if none is filed, from the last day on which one could have been filed. The Petitioners' reply brief, if any, shall be filed within seven (7) days after service of the Respondents' brief. The parties are directed to proceed under M.R.A.P. 3, 4, 5, 10 and 11 regarding all other matters. All proceedings in cause no. 2002-4-CV2, Circuit Court of Jones County are stayed pending this Court's decision in the interlocutory appeal. Easley and Graves, JJ., would deny. McRae, P.J., Waller and Diaz, JJ., not participating. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Hattie Jackson, et al.; Holmes Circuit Court; LC Case #: 02-0253; Ruling Judge: Jannie Lewis; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by Janssen Pharmaceutica, Inc., and Johnson & Johnson is granted. This appeal shall be expedited. Petitioners shall pay the docket fee as required by M.R.A.P. 3(e) within seven (7) days following the date of entry of this order and the record on appeal shall be transmitted and filed with the Clerk of this Court within twenty-one (21) days following the entry of this order. The Petitioners' brief shall be filed with the Clerk of this Court within twenty-one (21) days following the transmission of the appellate record and the Respondents' brief shall be filed within twenty-one (21) days after service of the Petitioners' brief, or if none is filed, from the last day on which one could have been filed. The Petitioners' reply brief, if any, shall be filed within seven (7) days after service of the Respondents' brief. The parties are directed to proceed under M.R.A.P. 3, 4, 5, 10 and 11 regarding all other matters. All proceedings in cause no. 02-0253, Circuit Court of Holmes County are stayed pending this Court's decision in the interlocutory appeal. Easley and Graves, JJ., would deny. McRae, P.J., Waller and Diaz, JJ., not participating. Order entered.