04/22/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2002-IA-01094-SCT

Triple "C" Transport, Inc. and Herbert Henry v. Richard Dickens; Covington Circuit Court; LC Case #: 99-172; Ruling Date: 06/24/2002; Ruling Judge: Robert Evans; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb P.JJ., Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Richard Jackson Jacobs v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,061(2)(3); Ruling Date: 07/20/2001; Ruling Judge: Dale Harkey; Majority Opinion: Graves, J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment Without the Possibility of Parole, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Dickinson, JJ., Concur. Carlson, J., Concurs in Result Only. Cobb, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Gerald James Holland v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 22497; Ruling Date: 04/02/1993; Ruling Judge: Kosta Vlahos; Disposition: Petitioner's Pro Se Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Gerald James Holland v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 22497; Ruling Date: 04/02/1993; Ruling Judge: Kosta Vlahos; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by petitioner is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Gerald James Holland v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 22497; Ruling Date: 04/02/1993; Ruling Judge: Kosta Vlahos; Majority Opinion: Smith, C.J. Disposition: Leave to Seek Post Conviction Relief, Denied. Harrison County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Dorothy Grant v. Kmart Corporation d/b/a Kmart Super Centers and James Lenon, Individually and as Store Manager; Hinds Circuit Court 1st District; LC Case #: 251-97-1442CIV; Ruling Date: 07/18/2000; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Dorothy Grant is dismissed. To Dismiss: Smith, C.J., Waller and Cobb, PJJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

James C. Arendale v. Balkamp, Inc. and The Travelers Insurance Company; Leflore Circuit Court; LC Case #: 2001 018 CI; Ruling Date: 09/24/2001; Ruling Judge: Richard Smith; 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 James C. Arendale is extended until May 28, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 28, 2004. Order entered.

Michael J. Johnson v. State of Mississippi; Rankin Circuit Court; LC Case #: 12183; Ruling Date: 11/14/2000; Ruling Judge: Samac Richardson; 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 Michael J. Johnson is extended until May 28, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 28, 2004. Order entered.

Gary Carl Simmons, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 961044(3); Ruling Date: 09/02/1997; Ruling Judge: Bill Jones; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Entergy Mississippi, Inc. v. Carolyn January Hayes, Individually and as Administrator of the Estate of Lavonne Hayes, Deceased; Javary Lagman January and Lavonne Quintarious Hayes, Minors, by and through Carolyn January Hayes, Mother and Natural Guardian of Javary Lagman January and Lavonne Quintarious Hayes, Minors; and Alvonta Palmer and Tanquinika Palmer, Minors, by and through Bertha Palmer, Mother and Natural Guardian of Alvonta Palmer and Tanquinika Palmer, Minors; Sharkey Circuit Court; LC Case #: 970041; Ruling Date: 11/21/2001; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Shannon Jenkins a/k/a Slink v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 99-191-CR; Ruling Date: 02/08/2002; Ruling Judge: John Montgomery; Disposition: Petition for writ of certiorari filed by Shannon Jenkins is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Sam Ivan Martin v. State of Mississippi; Jackson Circuit Court; LC Case #: 99-10,220(1); Ruling Date: 08/01/2001; Ruling Judge: James Backstrom; Majority Opinion: Carlson, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Shelia Dupree, Individually, and as Conservator of the Person and Estate of Annie Sanders v. Plantation Pointe, L.P. d/b/a The Windsor Place; Lauderdale Circuit Court; LC Case #: 01-CV-00007(R); Ruling Date: 02/12/2002; Ruling Judge: Larry Roberts; 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 Plantation Pointe, L. P., d/b/a The Windsor Place is extended until May 28, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 28, 2004. Order entered.

Norma Hensley, Garaldine Clayton and Henry Harris v. Ricky Harris, Individually, and as Executor of the Estate of Cecil Harris, and David L. Harris, Individually; Benton Chancery Court; LC Case #: 2000-64; Ruling Date: 03/06/2002; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by counsel for Norma Hensley, Garaldine Clayton and Henry Harris is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Anita H. Linton and Husband, Harley Linton v. Frank L. Cross and Fredna S. Cross; Lauderdale Chancery Court; LC Case #: 99-950-M; Ruling Date: 02/01/2002; Ruling Judge: Jerry Mason; 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 counsel for Anita H. Linton and husband, Harley Linton is extended until May 28, 2004. A final decision on whether to grant or deny the petition should be entered on or before May 28 2004. Order entered.

In the Matter of the Estate of Mary M. Pigg, Deceased: Earl J. McClendon, Individually, and as Executor v. David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley; Washington Chancery Court; LC Case #: 200670; Ruling Date: 06/03/2002; Ruling Judge: Ceola James; 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 counsel for David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley is extended until May 28, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 28, 2004. Order entered.

In the Matter of the Estate of Ezell "Boggie" a/k/a "Boogie" Thomas, Deceased: Sharon Haley, Jannie Collins, Derick Thomas, Eric Thomas, Timothy Thomas, Lynn Vallian, Dezie Haley, Gayle Haley, Demetria Murry, Jimmy Dale Dixon, Ray Joseph Fountain, Delanious Grinnell and Marion Oliver v. Glenda Joyce Thomas, Administrator; Jefferson Chancery Court; LC Case #: 97-0162; Ruling Date: 06/28/2002; Ruling Judge: George Ward; Disposition: Petition for writ of certiorari filed by counsel for Glenda Joyce Thomas is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Melford Smith v. Rizzo Farms, Inc. and Liberty Mutual Insurance Company; Bolivar Circuit Court 2nd District; LC Case #: 2001-0080; Ruling Date: 07/19/2002; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by counsel for Melford Smith is denied. To Deny: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ. To Grant: Waller, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Haley Barbour and Mississippi Department of Corrections by and on Behalf of the State of Mississippi v. Delta Correctional Facility Authority and Jim Hood, Attorney General, State of Mississippi; Leflore Chancery Court; LC Case #: G02-0148; Ruling Date: 09/03/2002; Ruling Judge: William Willard, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., Dissents with Separate Written Opinion Joined by Waller, P.J. Diaz, J., not participating. Dissenting Opinion: Cobb, P.J. Votes: Waller, P.J., Joins This Opinion.

Evelyn Fairley v. George County, Mississippi, A Political Subdivision; George Circuit Court; LC Case #: 97-0017(2); Ruling Date: 02/10/2003; Ruling Judge: Kathy Jackson; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Concurs in Result Only With Separate Written Opinion, Joined by Graves, J. Diaz, J., not participating. Concur in result only Opinion: Easley, J. Votes: Graves, J., Joins This Opinion.

Linda Joyce Bourgeois v. Lady Luck Biloxi, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-00-104; Ruling Judge: Stephen Simpson; Disposition: Petition/Motion for Interlocutory Appeal of Lady Luck Biloxi, Inc., is granted and all trial court proceedings in this matter are hereby stayed. To Grant: Smith, C.J., Waller, P.J., Cobb, Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.