05/20/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
  2002-KA-02007-SCT

Anthony Jackson v. State of Mississippi; Marion Circuit Court; LC Case #: K01-0365E; Ruling Date: 10/11/2002; Ruling Judge: Michael Eubanks; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of Manslaughter and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Marion County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 09/19/1990; Ruling Judge: Elzy Smith, Jr.; Disposition: Application for Leave to File Petition for Post Conviction Relief and Memorandum in Support Thereof filed by counsel for appellant is granted in part and denied in part. Petitioner's Pro Se Petition for Post Conviction Relief is granted in part and denied in part. Application for Leave to File Supplement to Motion for Post Conviction Relief and Memorandum in Support Thereof filed by counsel for appellant is granted. See Opinion of this Court handed down this date. Diaz and Carlson, JJ., not participating.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 09/19/1990; Ruling Judge: Elzy Smith, Jr.; Disposition: Application for Leave to File Petition for Post Conviction Relief and Memorandum in Support Thereof filed by counsel for appellant is granted in part and denied in part. Petitioner's Pro Se Petition for Post Conviction Relief is granted in part and denied in part. Application for Leave to File Supplement to Motion for Post Conviction Relief and Memorandum in Support Thereof filed by counsel for appellant is granted. See Opinion of this Court handed down this date. Diaz and Carlson, JJ., not participating.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 09/19/1990; Ruling Judge: Elzy Smith, Jr.; Disposition: Motion for Reconsideration filed by counsel for Anthony Carr is denied. Diaz and Carlson, JJ., not participating. Order entered.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 09/19/1990; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Cobb, P.J. Disposition: Application for Leave to File Petition for Post Conviction Relief filed by Counsel for Appellant is Granted in Part and Denied in Part. Quitman County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Carlson, JJ., not participating.

Rodney Gray v. State of Mississippi; Newton Circuit Court; LC Case #: 4582; Ruling Date: 01/25/1996; Ruling Judge: Marcus Gordon; Disposition: Motion for Reconsideration filed by counsel for Rodney Gray is denied. Diaz, J., not participating. Order entered.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: James Sumner; Disposition: Application for Approval of Fees Pursuant to Section 99-15-18(5) Miss. Code Ann., and Motion Asking Disposition of Earlier Filed Application for Approval of Fees filed by counsel for appellant are granted. Diaz and Randolph, JJ., not participating. Order entered.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: James Sumner; Disposition: Bell's Application for Leave to File Petition for Post-Conviction Collateral Relief, denied. Bell's Pro Se Petition for Post-Conviction Relief, denied. See Opinion of this Court handed down this date. Diaz and Randolph, JJ., not participating.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: James Sumner; Disposition: Motion for Reconsideration filed by counsel for Frederick Bell is denied. Diaz and Randolph, JJ., not participating. Order entered.

Frederick Bell v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078; Ruling Date: 01/27/1993; Ruling Judge: James Sumner; Majority Opinion: Carlson, J. Disposition: Bell's Application for Leave to File Petition for Post Conviction Collateral Relief, Denied. Bell's Pro Se Petition for Post-Conviction Relief, Denied. Grenada County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: Petitioner's Motion for an Enlargement of Time to File His Reply Brief in Support of Petitioner's Post-Conviction Petition is dismissed as moot. Diaz, J., not participating. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: Petitioner/Pro Se's Petition for Post Conviction Relief filed August 23, 1999, is granted. Counsel's Application for Leave to File Petition for Post-Conviction Relief and Motion for Leave to Amend and Supplement Post-Conviction Petition, both filed on July 13, 2001 are granted. Pro Se Application for Leave to File Motion to Vacate Judgment and Death Sentence filed August 27, 2001, as amended on September 4, 2001, is dismissed. Counsel's Motion for Leave to File Amended Claim XVIII filed June 19, 2003, is granted. Counsel's Motion to Stay Proceedings for 90 Days to Allow Opportunity for Petitioner's Expert to Conduct Appropriate Testing filed January 15, 2004 is dismissed without prejudice to be refiled in light of this Court's decision entered this day in this case and in Chase v. State, No. 2003-DR-01335. Diaz, J., not participating. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: Petitioner/Pro Se's Petition for Post Conviction Relief filed August 23, 1999, is granted. Counsel's Application for Leave to File Petition for Post-Conviction Relief and Motion for Leave to Amend and Supplement Post-Conviction Petition, both filed on July 13, 2001 are granted. Pro Se Application for Leave to File Motion to Vacate Judgment and Death Sentence filed August 27, 2001, as amended on September 4, 2001, is dismissed. Counsel's Motion for Leave to File Amended Claim XVIII filed June 19, 2003, is granted. Counsel's Motion to Stay Proceedings for 90 Days to Allow Opportunity for Petitioner's Expert to Conduct Appropriate Testing filed January 15, 2004 is dismissed without prejudice to be refiled in light of this Court's decision entered this day in this case and in Chase v. State, No. 2003-DR-01335. Diaz, J., not participating. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: Petitioner/Pro Se's Petition for Post Conviction Relief filed August 23, 1999, is granted. Counsel's Application for Leave to File Petition for Post-Conviction Relief and Motion for Leave to Amend and Supplement Post-Conviction Petition, both filed on July 13, 2001 are granted. Pro Se Application for Leave to File Motion to Vacate Judgment and Death Sentence filed August 27, 2001, as amended on September 4, 2001, is dismissed. Counsel's Motion for Leave to File Amended Claim XVIII filed June 19, 2003, is granted. Counsel's Motion to Stay Proceedings for 90 Days to Allow Opportunity for Petitioner's Expert to Conduct Appropriate Testing filed January 15, 2004 is dismissed without prejudice to be refiled in light of this Court's decision entered this day in this case and in Chase v. State, No. 2003-DR-01335. Diaz, J., not participating. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: Petitioner's Ex Parte Motion, Pursuant to Miss. Code Ann. Sec. 99-15-18, for Review and Authorization of Court-Ordered Payment of Attorney Fees and Out-of-Pocket Expenses, and Review and Authorization is denied without prejudice to be refiled in accord with this order. Diaz, J., not participating. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Majority Opinion: Cobb, P.J. Disposition: Application for Leave to Seek Post-Conviction Relief is Granted in Part and Denied in Part. Leflore County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Diaz, J., not participating.

William Ray Hughes v. State of Mississippi; Tate Circuit Court; LC Case #: CR9668; Ruling Date: 11/20/1996; Ruling Judge: Andrew Baker; Disposition: Motion for Reconsideration filed by counsel for William Ray Hughes is denied. Diaz, J., not participating. Order entered.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: Motion for Reconsideration filed by counsel for Larry Matthew Puckett is denied. Diaz, J., not participating. Order entered.

Roderick Eskridge v. State of Mississippi; Grenada Circuit Court; LC Case #: 980011ACR; Ruling Date: 01/26/1999; Ruling Judge: C. Morgan, III; Disposition: Motion for Reconsideration filed by counsel for Roderick Eskridge is denied. Diaz, J., not participating. Order entered.

Mary Lynn Fagan v. State of Mississippi; Clarke Circuit Court; LC Case #: 2001-CR-01; Ruling Date: 08/23/2001; 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 counsel for Mary Lynn Fagan is extended until July 16, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 16, 2004. Order entered.

Dr. Patricia Black v. Dr. S. L. Ansah, Individually and in His Official Capacity as Interim Director of the Department of Education at Mississippi Valley State University; Billy C. Hawkins, Individually and in His Official Capacity as Assistant Vice President and Provost of Mississippi Valley State University; Dr. Lester C. Newman, Individually and in His Official Capacity as President and Chief Executive Officer of Mississippi Valley State University; Mississippi Valley State University, Dr.Thomas D. Layzell, in His Official Capacity as Commissioner of the Board of Trustees of State Institutions of Higher Learning; Thomas W. Colbert, William S. Crawford, Ricki Garrett, J. Roy Klumb, Dr. D. E. Magee, Jr., Virginia Shanteau Newton, Dr. L. Stacy Davidson, Jr., Bryce Griffis, Dr. Bettye H. Neely, Scott Ross, Amy D. Whitten and Carl Nicholson, Jr., in Their Official Capacities as Members of the Board of Trustees of State Institutions of Higher Learning; Leflore Circuit Court; LC Case #: 2001-0045CI; Ruling Date: 11/07/2001; Ruling Judge: W. Hines; 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 Dr. Patricia Black is extended until July 2, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 2, 2004. Order entered.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 02/15/2002; Ruling Judge: James Gore; 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 Wanda Holley is extended until July 23, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 23, 2004. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for Reconsideration filed by counsel for Earl Wesley Berry is denied. Diaz, J., not participating. Order entered.

James R. Rushing, Jr. a/k/a Devil Catcher v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 01-CV-107(B); Ruling Date: 10/12/2001; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by James R. Rushing, Jr., is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Waller, P.J., and Diaz, J. Order entered.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Motion for Reconsideration filed by counsel for William Gerald Mitchell is denied. Diaz, J., not participating. Order entered.

Matthew M. Walker v. Delta Steel Buildings and Builders and Contractors Association of Mississippi; Leflore Circuit Court; LC Case #: 99-0125CICI(H); Ruling Date: 01/16/2002; Ruling Judge: W. Hines; 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 Matthew M. Walker is extended until June 24, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 24, 2004. Order entered.

Blayde Grayson a/k/a Blayde N. Grayson a/k/a Blayde Nathniel Grayson a/k/a Blayde N. Amodeo v. State of Mississippi; George Circuit Court; LC Case #: 9610032; Ruling Date: 08/08/1997; Ruling Judge: Kathy Jackson; Disposition: Motion for Reconsideration filed by counsel for Blayde Grayson is denied. Diaz, J., not participating. Order entered.

Larry D. Hardin a/k/a "Peter Rabbit" v. State of Mississippi; Adams Circuit Court; LC Case #: 11,014; Ruling Date: 03/25/2002; Ruling Judge: Forrest Johnson, 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 counsel for Larry D. Hardin is extended until July 9, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 9, 2004. Order entered.

Kenneth Bernard Webb v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0375; Ruling Date: 04/12/2002; 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 Kenneth Bernard Webb is extended until June 25, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 25, 2004. Order entered.

DeWayne A. Fairley v. State of Mississippi; Rankin Circuit Court; LC Case #: 13121; Ruling Date: 03/27/2002; Ruling Judge: Samac Richardson; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Randolph, JJ., not participating.

Catherine Ann Elliott v. George Woods Elliott, Jr.; Madison Chancery Court; LC Case #: 97-201; Ruling Date: 03/06/2002; Ruling Judge: Gail Barnett; 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 Catherine Ann Elliott is extended until June 25, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 25, 2004. Order entered.

Eric Snow a/k/a Tony A. Hinton a/k/a T. T. a/k/a Tony Anthony Hinton v. State of Mississippi; Simpson Circuit Court; LC Case #: 9488; Ruling Date: 08/06/1998; Ruling Judge: Robert Evans; Disposition: Motion for Reconsideration filed by counsel for Eric Snow is denied. Diaz, J., not participating. Order entered.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for Reconsideration filed by counsel for Steve Knox is denied. Diaz, J., not participating. Order entered.

Dale Leo Bishop v. State of Mississippi; Lee Circuit Court; LC Case #: CR99-149; Ruling Date: 02/04/2000; Ruling Judge: Frank Russell; Disposition: Motion for Reconsideration filed by counsel for Dale Leo Bishop is denied. Diaz, J., not participating. Order entered.

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: Appellant's Motion for Reconsideration of the assessment of statutory damages is denied. Order entered.

Pre-Paid Legal Services, Inc., Harland C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Claude Anderson, Jr.; Holmes Circuit Court; LC Case #: 2002-214; Ruling Date: 02/03/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

Howard Monteville Neal v. State of Mississippi; Lawrence Circuit Court; LC Case #: 3094-S; Ruling Date: 02/04/1982; Ruling Judge: R. Prichard, III; Disposition: Successive Application for Leave to Seek Post-Conviction Relief filed by Counsel for Appellant is Granted in Part and Denied in Part. See Opinion of this Court handed down this date. Diaz, J., not participating.

Howard Monteville Neal v. State of Mississippi; Lawrence Circuit Court; LC Case #: 3094-S; Ruling Date: 02/04/1982; Ruling Judge: R. Prichard, III; Majority Opinion: Cobb, P.J. Disposition: Successive Application for Leave to Seek Post-Conviction Relief filed by Counsel for Appellant is Granted in Part and Denied in Part. Lawrence County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Ricky Chase v. State of Mississippi; Copiah Circuit Court; LC Case #: 13941; Ruling Date: 02/28/1990; Ruling Judge: Joe Pigott; Disposition: Chase's Successive Application for Leave to File Motion to Vacate Death Sentence, Dismissed. Chase's Motion for Leave to Proceed In Forma Pauperis, Granted. Chase's Motion to Proceed Without Verification, Granted. Chase's Motion to Amend Successive Application for Leave to File Motion to Vacate Death Sentence, Granted. Chase's Application for Leave to File Motion to Vacate Death Sentence, as Amended, Granted. See Opinion of this Court handed down this date. Diaz, J., not participating.

Ricky Chase v. State of Mississippi; Copiah Circuit Court; LC Case #: 13941; Ruling Date: 02/28/1990; Ruling Judge: Joe Pigott; Disposition: Chase's Successive Application for Leave to File Motion to Vacate Death Sentence, Dismissed. Chase's Motion for Leave to Proceed In Forma Pauperis, Granted. Chase's Motion to Proceed Without Verification, Granted. Chase's Motion to Amend Successive Application for Leave to File Motion to Vacate Death Sentence, Granted. Chase's Application for Leave to File Motion to Vacate Death Sentence, as Amended, Granted. See Opinion of this Court handed down this date. Diaz, J., not participating.

Ricky Chase v. State of Mississippi; Copiah Circuit Court; LC Case #: 13941; Ruling Date: 02/28/1990; Ruling Judge: Joe Pigott; Majority Opinion: Dickinson, J. Disposition: Chase's Successive Application for Leave to File Motion to Vacate Death Sentence, Dismissed. Chase's Motion for Leave to Proceed In Forma Pauperis, granted. Chase's Motion to Proceed Without Verification, Granted. Chase's Motion to Amend Successive Application for Leave to File Motion to Vacate Death Sentence, Granted. Chase's Successive Application for Leave to File Motion to Vacate Death Sentence, as Amended, Granted. Copiah County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Randolph, JJ., Concur. Easley, J., Specially Concurs With Separate Written Opinion, Joined by Smith, C.J. Diaz, J., not participating. Specially Concurring Opinion: Easley, J. Votes: Smith, C.J., Joins This Opinion.

Gulfport-Biloxi Regional Airport Authority v. Otis Lee Davis and Mary H. Davis; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-2003-56; Ruling Judge: Robin Midcalf; Disposition: Petition for Permission to File Interlocutory Appeal filed by Gulfport-Biloxi Regional Airport Authority is granted. This matter is remanded to the Special Court of Eminent Domain, Harrison County, Mississippi, for further proceedings consistent with this order. Petitioner is taxed with all costs of this appeal. Diaz, J., not participating. Waller, P.J., for the Court. Order entered.