05/22/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2001-KA-00749-SCT

Patricia Ann Kingston v. State of Mississippi; Hancock Circuit Court; LC Case #: 99-0175; Ruling Date: 08/17/2000; Ruling Judge: John Whitfield; Majority Opinion: Graves, 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., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur.

The City of Jackson, Mississippi v. Jackson Oaks Limited Partnership; Hinds Chancery Court 1st District; LC Case #: 154,629 S/2; Ruling Date: 01/23/2002; Ruling Judge: William Singletary; Consolidated with 1999-CA-00714-SCT City of Jackson v. Jackson Oaks Limited Partnership; Hinds Chancery Court 1st District; LC Case #: 154629D; Ruling Date: 12/18/1998; Ruling Judge: William Singletary; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Graves, JJ., Concur. Waller, J., not participating.

Chevron U.S.A., Inc. v. Alcus Smith and Kay Smith; Hinds Circuit Court 1st District; LC Case #: 25196511; Ruling Date: 08/30/1999; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by appellees is denied. McRae, P.J., and Diaz, J., would grant. Graves, J., not participating.

Carol D. Stewart v. Gulf Guaranty Life Insurance Company; Smith Circuit Court; LC Case #: 96-0174; Ruling Date: 05/12/2000; Ruling Judge: Robert Evans; Disposition: Appellant's motion to assess interest and costs is granted. The mandate in this case shall be corrected to read as follows: "Affirmed in Part; Reversed and Rendered in Part. Interest and costs are assessed against the appellee." Any calculation thereof shall be had in the trial court. Order entered.

Patricia Ann Kingston v. State of Mississippi; Hancock Circuit Court; LC Case #: 99-0175; Ruling Date: 08/17/2000; Ruling Judge: John Whitfield; Disposition: Appellee's motion to strike portions of the appellant's brief and record excerpts is denied. Order entered.

Charlotte Jones, a/k/a Charlotte Grider Jones v. State of Mississippi; Jackson Circuit Court; LC Case #: 98-10,025(1); Ruling Date: 06/08/2001; 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 Charlotte Jones is extended until June 5, 2003. A final decision on whether to grant or deny the petition shall be entered on or before June 5, 2003. Order entered.

Francis Eugene White v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 97-00254; Ruling Date: 05/25/2001; Ruling Judge: Robert Walker; 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 Francis Eugene White is extended until June 25, 2003. A final decision on whether to grant or deny the petition shall be entered on or before June 25, 2003. Order entered.

McKinley Bell v. State of Mississippi; Warren Circuit Court; LC Case #: 000206-CR-V; Ruling Date: 07/17/2001; Ruling Judge: Frank Vollor; 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 McKinley Bell is extended until July 11, 2003. A final decision on whether to grant or deny the petition shall be entered on or before July 11, 2003. Order entered.

Howard Industries, Inc. v. Charles G. Robinson; Jones Circuit Court 2nd District; LC Case #: 2000-187-CV12; Ruling Date: 06/03/2001; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Howard Industries, Inc., is denied. To Deny: All Justices. Order entered.

The Mississippi Bar v. Jimmy Doug Shelton; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Roll, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. See opinion of this Court handed down this date.

The Mississippi Bar v. Jimmy Doug Shelton; Majority Opinion: Graves, J. Disposition: Jimmy Doug Shelton is suspended from the practice of law in the State of Mississippi. Jimmy Doug Shelton taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion Joined by Diaz and Easley, JJ. Easley, J., Dissents with Separate Written Opinion Joined by McRae, P.J., and Diaz, J. Dissenting Opinion: McRae, P.J. Votes: Diaz and Easley, JJ., Join This Opinion. Dissenting Opinion: Easley, J. Votes: McRae, P.J., and Diaz, J., Join This Opinion.

Amchem Products, Inc., et al v. Thomas L Rogers; Bolivar Circuit Court 2nd District; LC Case #: 2001-0019; Ruling Judge: Larry Lewis; Disposition: Petition for Interlocutory Appeal filed by petitioners is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The proceedings in the trial court are hereby stayed pending resolution of this interlocutory appeal. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Carlson and Graves, JJ. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz, J. Order entered.

In Re: Tyco International (US) Inc., Tyco International, Ltd., Anderson Greenwood & Co., Keystone International, Inc., Keystone Valves U.S.A., Inc., The Wm. Powell Company and ICI Americas Inc.; Jones Circuit Court 2nd District; LC Case #: 2001-3-CV-1; Ruling Judge: Billy Landrum; Disposition: Consolidated Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi, filed by Petitioners is granted. Judge Landrum is ordered to recuse from further participation in Pitts, et al. v. Metropolitan Life, et al., No. 2001-3-CV1 and Estate of Holder, et al., v. Smith, et al., 2000-134-CV8 in the Circuit Court of the Second Judicial District of Jones County, Mississippi. Motion for Stay filed by Petitioners is dismissed as moot. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: Tyco International (US) Inc., Tyco International, Ltd., Anderson Greenwood & Co., Keystone International, Inc., Keystone Valves U.S.A., Inc., The Wm. Powell Company and ICI Americas Inc.; Jones Circuit Court 2nd District; LC Case #: 2001-3-CV-1; Ruling Judge: Billy Landrum; Disposition: Consolidated Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi, filed by Petitioners is granted. Judge Landrum is ordered to recuse from further participation in Pitts, et al. v. Metropolitan Life, et al., No. 2001-3-CV1 and Estate of Holder, et al., v. Smith, et al., 2000-134-CV8 in the Circuit Court of the Second Judicial District of Jones County, Mississippi. Motion for Stay filed by Petitioners is dismissed as moot. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: Starlink Logistics, Inc. f/k/a Aventis CropScience USA Holdings, Inc., Aventis CropScience, L. P. and Aventis CropScience USA, Inc.; Jones Circuit Court 2nd District; LC Case #: 2001-164-CV10; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to be Issued to the Circuit Court of the Second Judicial District of Jones County, Mississippi, filed by Petitioners is granted. Judge Landrum is ordered to recuse from further participation in Paradise Foods, Inc., et al. v. Aventis CropScience USA Holdings, Inc, et al., No. 2001-164-CV10 in the Circuit Court of the Second Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: Arvin Meritor, Inc.; Invensys System, Inc., f/n/a The Foxboro Company Reliance Electric Company ( erroneously named in the complaint as Reliance Electric Motors); Reunion Industries, Inc. individually and as successor in interest to Oneida Molded Plastics and Rostone Corporation; Rockwell Automation, Inc., formerly named Rockwell International Corp. and successor by merger to Allen-Bradley Co., LLC (erroneously named separately in the complaint as Rockwell International Corp. and Allen-Bradley Co., LLC); Clark-Reliance Corporation, for and on behalf of itself and as successor in interest to V.D. Anderson Co., Reliance Gauge Column Co., Clark Mfg. Co., and Jacoby-Tarbox Corp.; Clark-Reliance Corporation on behalf of and as successor in interest to Jerguson Gage and Valve Company; Spirax-Sarco, Inc.; Spirax-Sarco Engineering, PLC; SPX Corporation, only on behalf of its Copes Vulcan Division, incorrectly sued as Dezurick, individually and as successor in interest to Copes-Vulcan,; Edward Vogt Valve Inc.; Limitorque Corporation; Invensys Metering Systems-North America, Inc.; and White Consolidated Industries, Inc.; as successor to Sarco., Inc.; Jones Circuit Court 2nd District; LC Case #: 2000-134-CV8; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi, and Amended Petition filed by petitioners are granted. Judge Landrum is ordered to recuse from further participation in Estate of Holder, et al. v. Smith, et al., No. 2000-134-CV8 in the Circuit Court of the Second Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: Clark-Reliance Corporation as successor in interest to Jerguson Gage and Valve Company, Clark-Reliance Corp., for and on behalf of itself and as successor in interest to V. D. Anderson Co., Reliance Gauge Column Co., Clark Mfg. Co., and Jacoby-Tarbox Corp., Edward Vogt Valve, Inc., Reliance Electric Company (erroneously named in the complaint as Reliance Electric Motors), Rockwell Automation, successor by merger to Allen-Bradley Co., LLC (erroneously named separately in the Complaint as Rockwell International and Allen-Bradley Co., LLC), SPX Corporation only on behalf of its Copes-Vulcan division, incorrectly sued as DeZurick, individually and as successor in interest to Copes-Vulcan, Inc.; Jones Circuit Court 1st District; LC Case #: 2002-29-CV7; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to be Issued to the Circuit Court of the First Judicial District of Jones County, Mississippi, and Amended Petition filed by Petitioners are granted. Judge Landrum is ordered to recuse from further participation in Barfield, et al. v. Allen-Bradley Co. LLC, et al., No. 2002-29-CV7 in the Circuit Court of the First Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: Clark-Reliance Corporation as successor in interest to Jerguson Gage and Valve Company, Clark-Reliance Corp., for and on behalf of itself and as successor in interest to V. D. Anderson Co., Reliance Gauge Column Co., Clark Mfg. Co., and Jacoby-Tarbox Corp., Reliance Electric Co., (erroneously named in the complaint as Reliance Electric Motors), SPX Corporation only on behalf of its Copes-Vulcan division, incorrectly sued as DeZurick, individually and as successor in interest to Copes-Vulcan, Inc., and Rockwell Automation, Inc., successor by merger to Allen-Bradley Co.; Jones Circuit Court 1st District; LC Case #: 2002-30-CV7; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to be Issued to the Circuit Court of the First Judicial District of Jones County, Mississippi, and Amended Petition filed by Petitioners are granted. Judge Landrum is ordered to recuse from further participation in Atkins, et al. v. American Standard, Inc., et al., No. 2002-30-CV7 in the Circuit Court of the First Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

Edward Vogt Valve Inc., Clark-Reliance Corporation as successor in interest to Jerguson Gage and Valve Company, Clark-Reliance Corp., for and on behalf of itself and as successor in interest to V.D. Anderson Co., Reliance Gauge Column Co., Clark Mfg. Co., and Jacoby-Tarbox Corp.; Edward Vogt Valve, Inc.,SPX Corporation only on behalf of its Copes-Vulcan division, incorrectly sued as DeZurick, individually and as successor in interest to Copes-Vulcan, Inc., Rockwell Automation, Inc. successor by merger to Allen Bradley, and Reliance Electric Company (erroneously named in the Complaint as Reliance Electric Motors); Jones Circuit Court 1st District; LC Case #: 2002-28-CV7; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to be Issued to the Circuit Court of the First Judicial District of Jones County, Mississippi, and Amended Petition filed by Petitioners are granted. Judge Landrum is ordered to recuse from further participation in Avery, et al. v. Smith, et al., No. 2002-28-CV7 in the Circuit Court of the First Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: J. W. Harris, Inc.; Jones Circuit Court 2nd District; LC Case #: 2002-275-CV9; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to the Circuit Court of the Second Judicial District of Jones County, Mississippi, filed by the petitioner is granted. Judge Landrum is ordered to recuse from further participation in Boleware, et al. v. Lincoln Electric Company, et al., No. 2002-275-CV9 in the Circuit Court of the Second Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

In Re: The BOC Group, Inc. and Airgas-Gulf States, Inc.; Jones Circuit Court 2nd District; LC Case #: 2002-275-CV9; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus to be Issued to the Circuit Court of the Second Judicial District of Jones County, Mississippi, filed by the petitioners is granted. Judge Landrum is ordered to recuse from further participation in Boleware, et al. v. Esmueller Corporation, et al., No. 2002-275-CV9 in the Circuit Court of the Second Judicial District of Jones County, Mississippi. McRae, P.J., and Easley, J., would deny. Diaz, J., not participating. Order entered.

Sharkey County, Mississippi v. Pamala Ann Standish Adcock and Christopher Alan Van Norman; Sharkey Chancery Court; LC Case #: 01-0100; Ruling Date: 03/18/2003; Ruling Judge: Vicki Barnes; Disposition: Petition for Order Permitting Interlocutory Appeal Pursuant to Mississippi Rules of Appellate Procedure Rule 5 filed by Sharkey County, Mississippi, is granted and a decision is rendered for Sharkey County. Costs of the appeal in Cause Number 2003-M-00523, if any, are assessed to Pamala Ann Standish Adcock. Carlson, J., for the Court. Order entered.