Mississippi Supreme Court

Hand Down Lists
May 09, 2002

05/09/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X 2001-CA-00455-SCT

Wallace, Roger v. Town of Raleigh, Mississippi Smith Circuit Court; LC Case # 2000-56; Ruling: 02/26/2001; Robert Evans; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant 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.


Easley, Chuck
X 2000-CA-01130-SCT

James Edgar Walley, II, Individually and in His Capacity as the Administrator of the Estate of Tiffany Leighann Walley, Deceased; Carl Ray Simmons, Individually and on Behalf of the Wrongful Death Beneficiaries of Natasha Nicole Simmons, Deceased; Christo v. Coregis Insurance Company and Mississippi Educational Risk Cooperative Wayne Circuit Court; LC Case #1-98-03; Ruling:06/09/2000; Larry Roberts; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.


Cobb, Kay B.
X 2000-KA-01195-SCT

Jackson, Kevin a/k/a Kevin K. Jackson, Sr. v. State of Mississippi Hinds Circuit Court 1st District; LC Case #98-1-014; Ruling:02/18/1999; L. Hilburn; Majority Opinion: Cobb, J. Disposition: Count I: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Aggravated Assault and Sentence of Twenty Five (25) Years in the Custody of the Mississippi Department of Corrections, Affirmed. This Sentence Shall Run Consecutively with Count I and Concurrently with Count III. Count III: Conviction of Shooting a Handgun into an Occupied Dwelling and Sentence of Five (5) Years in the Custody of the Mississippi Department of Corrections, Affirmed. This Sentence Shall Run Consecutively with Count I and Concurrently with Count II. Hinds County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur.


Smith, James W.
X 2000-CA-01914-SCT

Armistead, Rex P. v. Bill Minor Hinds Circuit Court 1st District; LC Case #251-99-325CIV; Ruling:09/14/2000; Tomie Green; Majority Opinion: Smith, P.J. Disposition: Affirmed Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Not Participating.


EN BANC
X 97-DP-00763-SCT

Walker, Linnox Marcus v. State of Mississippi Marshall Circuit Court; LC Case #MK96090; Ruling:05/23/1997; R. Coleman; Majority Opinion: Graves, J. Disposition: Conviction of Capital Murder Affirmed. Remanded For New Sentencing Hearing. Marshall County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur.


EN BANC
1999-CT-01697-SCT

Clark, Henry v. LuVel Dairy Products, Inc. and James H. Briscoe Hinds Circuit Court 1st District; LC Case #251-96-384CIV; Ruling:10/01/1999; W. Yerger; Disposition: On 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 Henry Clark is extended until July 18, 2002. A final decision on whether to grant or deny the petition shall be entered on or before July 18, 2002. Order entered.


EN BANC
1999-CT-01857-SCT

Liberty Mutual Insurance Company v. James McKneely Warren Circuit Court; LC Case #96-0152; Ruling:08/31/1999; Frank Vollor; Disposition: On 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 Liberty Mutual Insurance Company is extended until June 6, 2002. A final decision on whether to grant or deny the petition shall be entered on or before June 6, 2002. Order entered.


EN BANC
1999-CT-01953-SCT

Carrier, Robert a/k/a Robert J. Carrier v. State of Mississippi Pike Circuit Court; LC Case #15055B; Ruling:10/01/1999; Mike Smith; Disposition: Petition for writ of certiorari filed by Robert Carrier is denied. To Deny: All Justices. Order entered.


EN BANC
1999-SA-02035-SCT

Mississippi Sierra Club, Inc. and Green Baggett v. Mississippi Department of Environmental Quality and the Mississippi Commission on Environmental Quality; Board of Mississippi Levee Commissioners; Board of Levee Commissioners for the Yazoo Mississippi Delta; Board of Supervisors of Washington, Yazoo, Bo Hinds Chancery Court 1st District; LC Case #G98-2112; Ruling:11/08/1999; Pat Wise; Disposition: Motion for rehearing filed by Mississippi Department of Environmental Quality and the Mississippi Commission on Environmental Quality is granted. The original opinion is withdrawn and this opinion is substituted therefor.


EN BANC
1999-SA-02035-SCT

Mississippi Sierra Club, Inc. and Green Baggett v. Mississippi Department of Environmental Quality and the Mississippi Commission on Environmental Quality; Board of Mississippi Levee Commissioners; Board of Levee Commissioners for the Yazoo Mississippi Delta; Board of Supervisors of Washington, Yazoo, Bol Hinds Chancery Court 1st District; LC Case #G98-2112; Ruling:11/08/1999; Pat Wise; Disposition: Motion for rehearing filed by intervenors is granted. The original opinion is withdrawn and this opinion is substituted therefor.


EN BANC
X 1999-SA-02035-SCT

Mississippi Sierra Club, Inc. and Green Baggett v. Mississippi Department of Environmental Quality and the Mississippi Commission on Environmental Quality; Board of Mississippi Levee Commissioners; Board of Levee Commissioners for the Yazoo Mississippi Delta; Board of Supervisors of Washington, Yazoo, Bol Hinds Chancery Court 1st District; LC Case #G98-2112; Ruling:11/08/1999; Pat Wise; Majority Opinion: McRae, P.J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Smith, P.J., not participating.


EN BANC
1999-CT-02135-SCT

Redhead, John v. Entergy Mississippi, Inc. Amite Circuit Court; LC Case #98-0058S; Ruling:10/26/1999; Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by John Redhead is granted. To Grant: Pittman, C.J., McRae, P.J., Diaz and Carlson, JJ. To Deny: Smith, P.J., Waller, Cobb, Easley and Graves, JJ. Order entered.


EN BANC
2000-CA-00404-SCT

Cooper Tire and Rubber Company v. Trudys Tuckier, Individually, and as Administratrix of the Estate of Laura Dawn Tuckier, Deceased, and as Representative of the Wrongful Death Beneficiaries Panola Circuit Court 1st District; LC Case #CV-97-64-CP1; Ruling:11/17/1999; George Carlson, Jr.; Disposition: Motion for Stay of Mandate filed by Cooper Tire & Rubber Company is granted. The mandate is stayed for thirty days from entry of this order. McRae, P.J., and Easley, J., would deny. Carlson, J., not participating. Order entered.


EN BANC
2000-KA-00606-SCT

Christopher B. Smiley v. State of Mississippi Copiah Circuit Court; LC Case #2000-0004; Ruling: 03/27/2000; Lamar Pickard; Disposition: Motion for rehearing filed by appellant is denied. Opinion modified as to paragraph 16.


EN BANC
XX 2000-CA-00751-SCT

The Alabama Great Southern Railroad Company v. Freddie Lee, Sr., Administrator of the Estate of Freddie Lee, Jr., Deceased, and Freddie Lee, Sr., Linda S. Lee, Individually, and Marvin Pigford Forrest Circuit Court; LC Case #98-0027; Ruling:02/07/2000; Richard McKenzie; Majority Opinion: Diaz, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: McRae, P.J., Easley and Graves, JJ., Concur. Carlson, J., Concurs in Result Only. Smith, P.J., Dissents With Separate Written Opinion joined by Waller and Cobb, JJ.. Pittman, C.J., not participating. Dissenting Opinion: Smith, P.J. Votes: Waller and Cobb, JJ., Join This Opinion.


EN BANC
X 2000-KA-00921-SCT

Montana , Joseph Scott v. State of Mississippi Harrison Circuit Court 1st District; LC Case #B2401-99-00712; Ruling:05/04/2000; Robert Walker; Majority Opinion: Smith, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.


EN BANC
2000-CT-01054-SCT

Davidson, Charles Hailey and Charles Winfrey Davidson v. Mississippi Transportation Commission Forrest Special Court of Eminent Domain; LC Case #CO98-0510; Ruling: 03/17/2000; Michael McPhail; Disposition: On 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 Charles Hailey Davidson and Charles Winfrey Davidson is extended until May 16, 2002. A final decision on whether to grant or deny the petition shall be entered on or before May 16, 2002. Order entered.


EN BANC
2000-CT-01232-SCT

Davis, Edward A., Deceased: In the Matter of the Estate of : Diana B. Davis v. Sidney D. Davis, Jr., Phillip Davis, Deborah Ammann, Jean Cockrell, Marty Steinberger, Nell Mathis, Lisa McDaniels, and Estate of Sidney D. Davis, Sr., Deceased, Deborah Ammann, Executrix Simpson Chancery Court; LC Case #95-0479; Ruling:06/28/2000; J. Buffington; Disposition: On 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 Diana B. Davis shall be extended until June 20, 2002. A final decision on whether to grant or deny the petition shall be entered on or before June 20, 2002. Order entered.


EN BANC
2000-CT-01627-SCT

Rice, John a/k/a John Lamont Rice v. State of Mississippi Rankin Circuit Court; LC Case #12107; Ruling:09/12/2000; Samac Richardson; Disposition: Petition for writ of certiorari filed by John Rice is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ. To Grant: Graves, J. Order entered.


EN BANC
X 2000-CA-01675-SCT

Twin County Electric Power Association, Michael Lang and Jeremy Fuller v. Gwenevere McKenzie Humphreys Circuit Court; LC Case #97-0121; Ruling:09/27/2000; Jannie Lewis; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., Easley and Graves, JJ., Dissent Without Separate Written Opinion.


EN BANC
2000-CT-01809-SCT

Patrick, Howard Arthur v. State of Mississippi DeSoto Circuit Court; LC Case #CV99-0240RD; Ruling: 09/19/2000; George Ready; Disposition: Petition for writ of certiorari filed by Howard Arthur Patrick is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-02121-SCT

Daulton, James and Brenda Daulton v. Annette Miller Lafayette Circuit Court; LC Case #L99-424; Ruling:11/16/2000; Henry Lackey Disposition: Petition for writ of certiorari filed by James Daulton and Brenda Daulton is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ. To Grant: Graves, J. Order entered.


EN BANC
2000-CT-02124-SCT

Swift, Anthony v. State of Mississippi Clay Circuit Court; LC Case #2000-57; Ruling: 07/25/2000; Lee Howard; Disposition: Petition for writ of certiorari filed by Anthony Swift is denied. To Deny: All Justices. Order entered.