04/29/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99015-SCT

In Re: Local Rules; Disposition: Letter request of Honorable Billy J. Landrum, Circuit Judge of the Eighteenth Circuit Court District, for approval as a local rule that order issued by Judge Landrum on January 21, 2004, is denied. Diaz and Randolph, JJ., not participating. Order entered.

Samuel Adkins, Individually and on Behalf of the Statutory Wrongful Death Beneficiaries of Linda Kay Adkins, Deceased v. Curren J. Sanders, M.D., and Sanders Clinic for Women, P.A.; Lee Circuit Court; LC Case #: 95-213-(F)L; Ruling Date: 09/26/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Lee County Circuit Court is Affirmed. Samuel Adkins, Individually and on Behalf of the Statutory Wrongful Death Beneficiaries of Linda Kay Adkins, Deceased, taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Rebecca L. Jackson and Gary Jackson v. State Farm Mutual Automobile Insurance Company; Pearl River Circuit Court; LC Case #: 98-0023; Ruling Date: 10/12/2001; 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 State Farm Mutual Automobile Insurance Company is extended until June 11, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 11, 2004. Order entered.

Vanessa Hayes, Individually, and on Behalf of All Wrongful Death Beneficiaries of Carlos Miles, Deceased, and Amicia Miles, Deceased; Vanessa Hayes, as Mother and Next Friend of Cartavious Miles, a Minor; Kathleen Hayes, Individually, and on Behalf of All Wrongful Death Beneficiaries of Cashius Hayes, Deceased, and Kiaria Hayes, Deceased; Kashius Lewis, Individually; and Carlos Miles, Individually v. Entergy Mississippi, Inc.; Coahoma Circuit Court; LC Case #: 14-CI-97-0080; Ruling Date: 09/25/2001; Ruling Judge: Albert Smith, III; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

George R. Rogers a/k/a George E. Rogers v. Riccardo Rausa; Hinds Circuit Court 1st District; LC Case #: 251-98-911-CIV; Ruling Date: 07/26/2001; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by counsel for George Rogers is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Steve Jasper v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-132-K; Ruling Date: 01/18/2002; Ruling Judge: Robert Bailey; Disposition: Motion to Stay/Set Aside Mandate Pending Decision on Petition for Writ of Certiorari filed by counsel for Steve Jasper is hereby granted. The mandate, issued on November 18, 2003, is hereby recalled. Diaz and Randolph, JJ., not participating. Order entered.

Steve Jasper v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-132-K; Ruling Date: 01/18/2002; Ruling Judge: Robert Bailey; Majority Opinion: Smith, C.J. Disposition: Affirmed. Wayne County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Demetra P. Myers v. Mark E. Myers; Bolivar Chancery Court 2nd District; LC Case #: 2000-0186; Ruling Date: 02/18/2002; Ruling Judge: William Willard, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Mark Myers 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 and Randolph, JJ. Order entered.

James Joseph Broderick v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 171-01; Ruling Date: 03/29/2002; Ruling Judge: Larry Roberts; Disposition: Motion for Enlargement of Time to File Petition for Writ of Certiorari filed by counsel for James Joseph Broderick is granted and the petition for writ of certiorari submitted on January 20, 2004, is accepted for filing. Further, the Court finds that in the interest of justice and under 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 Joseph Broderick is extended until May 31, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 31, 2004. Order entered.

James Joseph Broderick v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 171-01; Ruling Date: 03/29/2002; Ruling Judge: Larry Roberts; Disposition: Motion for Enlargement of Time to File Petition for Writ of Certiorari filed by counsel for James Joseph Broderick is granted and the petition for writ of certiorari submitted on January 20, 2004, is accepted for filing. Further, the Court finds that in the interest of justice and under 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 Joseph Broderick is extended until May 31, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 31, 2004. Order entered.

Jan Michael Brawner, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Majority Opinion: Cobb, P.J. Disposition: Counts I - IV: Convictions of Capital Murder and Sentences of Death by Continuous Intravenous Administration of a Lethal Quantity of an Ultra Short-Acting Barbiturate or Other Similar Drug in Combination with a Chemical Paralytic Agent, Affirmed. Tate County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz and Randolph, JJ., not participating.

Larry D. Eades v. Kathy Lyn Eades; Itawamba Chancery Court; LC Case #: 98-0253; Ruling Date: 11/23/2001; Ruling Judge: Charles Thomas; Disposition: Motion to Reconsider Denial of Petition for Writ of Certiorari filed by Larry D. Eades is dismissed. Diaz and Randolph, JJ., not participating. Order entered.

Gloria Partlow, Personal Representative of The Heirs of The Estate of Sonya L. Partlow, Deceased v. Rickey McDonald; Lee Circuit Court; LC Case #: 98-231(G)(L); Ruling Date: 05/01/2002; 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 Gloria Partlow is extended until June 11, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 11, 2004. Order entered.

Leslie J. Cortez v. State of Mississippi; Rankin Circuit Court; LC Case #: 13023; Ruling Date: 07/19/2002; Ruling Judge: William Chapman, 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 Leslie J. Cortez is extended until June 11, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 11, 2004. Order entered.

Union National Life Insurance Company; United Insurance Company of America; Union National Fire Insurance Company; Roland Stewart; Eugene Thomas ("Pete") Furline; and Charles Stewart v. Jacqueline Crosby; Pearlie Hendricks; David Hendricks, Jr.; Calvin Lawrence; Johnnie M. Owens; Kandice Owens; Minnie Owens; Mary Turner; and Shannon S. Wallace; Covington Chancery Court; LC Case #: 01-363; Ruling Date: 10/07/2002; Ruling Judge: J. Buffington; Disposition: Motion for rehearing filed by appellees is denied. Easley, J., would grant. Diaz and Randolph, JJ., not participating.

Steven Bruce Booker on Behalf of Certain Underwriters at Lloyd's London, Signatory to Certificate No. HR-100213-S v. Holmes Pettey and Holmes Pettey, Inc.; Coahoma Circuit Court; LC Case #: 7719; Ruling Date: 06/13/2002; Ruling Judge: Albert Smith, III; Disposition: Motion to Assess Statutory Damages filed by the appellees is granted. The statutory penalty of fifteen percent of the judgment is assessed against the appellants. The mandate shall be amended to read as follows: "Carlson, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Statutory Penalty is assessed against appellant. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating." Diaz and Randolph, JJ., not participating. Order entered.

Dr. Lester Newman, Perna Carter and Mississippi Valley State University v. Sheron Brown Gary; Hinds Circuit Court 1st District; LC Case #: 251-02-0926CIV; Ruling Judge: Winston Kidd; Disposition: On April 14, 2004, this Court entered an order granting appellants' petition for interlocutory appeal and staying all proceedings in the Circuit Court of Hinds County, Mississippi, in cause number 251-02-926-CIV. After due consideration the Court finds that no further briefing is needed and will proceed to a consideration of the merits. This matter is remanded to the Circuit Court of Hinds County, Mississippi, for further proceedings consistent with this Order. Appellants are taxed with all costs of this appeal. Diaz and Randolph, JJ., not participating. Carlson, J., for the Court. Order entered.