04/17/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-CA-00005-SCT

Donna Webb and Robert Chambers, Individually as Parents and on Behalf of the Wrongful Death Beneficiaries of Michael S. Chambers v. DeSoto County, Mississippi, DeSoto County Board of Supervisors, James A. Riley, DeSoto County Sheriff, and John Doe and Jane Doe, DeSoto County Deputy Jailers, in Their Official Capacities; DeSoto Circuit Court; LC Case #: CV2001-0025; Ruling Date: 12/06/2001; Ruling Judge: George Ready; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 78 of the Mississippi Rules of Civil Procedure is amended to read as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the 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.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 15 of the Mississippi Rules of Civil Procedure and the Comment thereto are amended to read as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the 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.

In Re: Uniform Chancery Court Rules; Disposition: On the Court's own motion, Rule 1.12 of the Mississippi Uniform Chancery Court Rules and the Comment thereto are adopted to read as set forth in Exhibit "A" to this order. The Clerk of this Court shall spread this order upon the minutes of the 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. Diaz, J., not participating. Order entered.

In Re: Code of Judicial Conduct; Disposition: On the Court's own motion, the Commentary to Section 3B(12) of the Code of Judicial Conduct is adopted to read as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the 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. Diaz, J., not participating. Order entered.

In Re: Uniform Rules of Circuit and County Courts; Disposition: On the Court's own motion, a Comment to Rule 1.04 of the Uniform Rules of Circuit and County Court Practice is adopted to read as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the 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. Diaz, J., not participating. Order entered.

In Re: Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings; Disposition: On the Court's own motion, the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings as such rules appear in Exhibit "A" to this order are hereby adopted. These rules shall govern proceedings conducted from and after July 1, 2003 in the Supreme Court, Court of Appeals and circuit, chancery and county courts of Mississippi. Justice James E. Graves and the membership of the Media and the Courts Study Committee are commended by the Supreme Court for the quality of their work and the exemplary manner in which they performed their task. The Clerk of this Court shall spread this order upon the minutes of the 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. Diaz, J., not participating. Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by Ray Skates is granted. To Grant: Pittman, C.J., McRae, P.J., Waller, Cobb and Easley, JJ. To Deny: Smith, P.J., Diaz, Carlson and Graves, JJ. Order entered.

Bruce Burt v. Amber D. Burt; Hinds Chancery Court 1st District; LC Case #: 107,361; Ruling Date: 05/10/2000; Ruling Judge: Patricia Wise; Disposition: Motion to Impose Statutory Damages filed by the appellee is granted. The chancery court having awarded judgment for the appellee in the sum of $43,677, statutory damages pursuant to Miss. Code Ann. Section 11-3-23, in the sum of $6,551.55, are hereby imposed. Motion to Expedite Ruling on Motion to Impose Statutory Damages is dismissed as moot. Order entered.

Bruce Burt v. Amber D. Burt; Hinds Chancery Court 1st District; LC Case #: 107,361; Ruling Date: 05/10/2000; Ruling Judge: Patricia Wise; Disposition: Motion to Impose Statutory Damages filed by the appellee is granted. The chancery court having awarded judgment for the appellee in the sum of $43,677, statutory damages pursuant to Miss. Code Ann. Section 11-3-23, in the sum of $6,551.55, are hereby imposed. Motion to Expedite Ruling on Motion to Impose Statutory Damages is dismissed as moot. Order entered.

Bruce Burt v. Amber D. Burt; Hinds Chancery Court 1st District; LC Case #: 107,361; Ruling Date: 05/10/2000; Ruling Judge: Patricia Wise; Disposition: On the Court's own motion, the stay of the mandate shall be vacated, and the mandate to be issued shall read as follows: "Affirmed. Statutory damages assessed against appellant." Order entered.

Bennie C. Satcher a/k/a Benny C. Satcher v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 10,207; Ruling Date: 07/28/1998; Ruling Judge: Billy Landrum; Disposition: Motion to Stay Proceedings on Pending Petition for Writ of Certiorari filed by counsel for Bennie Satcher is granted and the matter is stayed for a period of thirty (30) days from the date of entry of this order. The time for a final decision on the petition for writ of certiorari is extended until June 20, 2003. Order entered.

Keith R. Bryant v. State of Mississippi; Copiah Circuit Court; LC Case #: 2000-0039 CR; Ruling Date: 08/09/2000; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by Keith R. Bryant is denied. To Deny: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J., and Waller, J. Order entered.

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: Petition for writ of certiorari filed by Robert Whiddon and Susan Whiddon is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

Victor Bernard Kearley v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 283-00; Ruling Date: 02/15/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed pro se by Victor Bernard Kearley is denied. Petition for writ of certiorari filed by counsel for Kearley is denied. To Deny: All Justices. Order entered.

Robert Anthony v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-063; Ruling Date: 05/23/2001; Ruling Judge: L. Hilburn; 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 Anthony 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.

Robert Anthony v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-063; Ruling Date: 05/23/2001; Ruling Judge: L. Hilburn; Disposition: Petition for writ of certiorari filed by Robert Anthony is denied. To Deny: All Justices. Order entered.

Frederick W. Nobles, Jr. a/k/a Freddie Nobles v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2000-0059; Ruling Date: 12/21/2000; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by counsel for Frederick Nobles is denied. To Deny: All Justices. Order entered.

Arden Harris v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-004-K; Ruling Date: 05/15/2001; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by counsel for Arden Harris is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. 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 24, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 24, 2003. 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: Petition for writ of certiorari filed by Glenn Shirley is denied. To Deny: All Justices. 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 24, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 24, 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: Petition for writ of certiorari filed by Darrell Ray Morris is denied. To Deny: All Justices. 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 24, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 24, 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: Petition for writ of certiorari filed by Larry Teer is denied. To Deny: All Justices. Order entered.

Vivian Rasberry and Eric Scott Pope v. Blue Cross & Blue Shield of Mississippi; Attala Circuit Court; LC Case #: CV00-0139-CV-L; Ruling Date: 05/29/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Vivian Raspberry and Eric Scott Pope is granted. To Grant: McRae and Smith, P.JJ., Diaz, Easley and Graves, JJ. To Deny: Pittman, C.J., Waller, Cobb and Carlson. Order entered.

McKinzley Bounds, Jr. v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: CR2001-18-C-Y(2); Ruling Date: 07/18/2001; Ruling Judge: George Carlson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for McKinzley Bounds, Jr., is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Graves, JJ. Not Participating: Carlson, J. Order entered.

John C. Helmert, Jr. v. Tara J. Biffany; Harrison Youth Court 1st District; LC Case #: 1119-D; Ruling Date: 05/30/2001; Ruling Judge: Michael Ward; Majority Opinion: Diaz, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: McRae, P.J., Easley, Carlson and Graves, JJ., Concur. Smith, P.J., Dissents With Separate Written Opinion, Joined by Pittman, C. J., Waller and Cobb, JJ. Dissenting Opinion: Smith, P.J. Votes: Pittman, C.J., Waller and Cobb, JJ., Join This Opinion.

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: Petition for writ of certiorari filed by M. C. Gholston is denied. To Deny: All Justices. Order entered.

In the Matter of the Last Will and Testament of Pauline Chapman Allen: John Leavell v. William Hays Allen; Forrest Chancery Court; LC Case #: 98-0071-PR-TH; Ruling Date: 11/09/2001; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by counsel for John Leavell is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

William L. Wiley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 3720; Ruling Date: 02/03/1995; Ruling Judge: Andrew Baker; Disposition: Wiley's application for post-conviction relief and application for leave to file motion to vacate death sentence are denied. See opinion of this Court handed down this date. Diaz and Carlson, JJ., not participating.

William L. Wiley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 3720; Ruling Date: 02/03/1995; Ruling Judge: Andrew Baker; Majority Opinion: Easley, J. Disposition: Post-Conviction Relief, Denied. DeSoto County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Graves, JJ., Concur. Diaz and Carlson, JJ., not participating.

3M Company v. Charles H. Green, et al.; Claiborne Circuit Court; LC Case #: 2002-131; Ruling Date: 03/03/2003; Ruling Judge: Lamar Pickard; Disposition: Petition for Permission to Appeal from an 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. 2002-131, Claiborne 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 participating. Order entered.