06/05/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-CA-00456-SCT

Don E. Gordon v. National States Insurance Company and Bernard VanLandingham; Winston Circuit Court; LC Case #: 99-0043-CVM; Ruling Date: 04/11/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Carlson, JJ., Concur. McRae, P.J., Concurs in Result Only. Easley, J., not participating.

Gregory Shipp v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-688RD; Ruling Date: 02/12/2002; Ruling Judge: George Ready; Majority Opinion: Carlson, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. DeSoto County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Graves, JJ., Concur.

Julia Gates Hines Mabus v. Raymond Edwin Mabus, Jr.; Hinds Chancery Court 1st District; LC Case #: G98-28 R/1; Ruling Date: 02/28/2002; Ruling Judge: Stuart Robinson; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Donald Joe Richardson v. Sara Lee Corporation; Scott Circuit Court; LC Case #: 2000-CV-0056-SC; Ruling Date: 05/21/2002; Ruling Judge: V. Cotten; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Graves, JJ., Concur. Diaz and Easley, JJ., Dissent Without Separate Written Opinion. McRae, P.J., not participating.

Robert Lee Townsend v. State of Mississippi; Coahoma Circuit Court; LC Case #: 8520; Ruling Date: 01/11/1995; Ruling Judge: Elzy Smith, Jr.; Consolidated with 95-KA-00234 Robert Lee Townsend v. State of Mississippi; Coahoma Circuit Court; LC Case #: 8520; Ruling Date: 01/11/1995; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Diaz, J. Disposition: Count I: Conviction of Kidnapping and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Capital Rape and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, without parole, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, without parole, Affirmed. Sentence in Count II shall run consecutively with the sentence in Count I. Sentence in Count III shall run consecutively with the sentence in Count II. Coahoma County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur.

Southwood Door Company v. Raymond Burton; Lauderdale Circuit Court; LC Case #: 00-CV-126(B); Ruling Date: 05/03/2002; Ruling Judge: Robert Bailey; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Dissenting Opinion: McRae, P.J.

Billy Wayne Frith and Wanda Frith as Parents and Natural Guardians of Joshua Brent Frith, a Minor v. BIC Corporation; Scott Circuit Court; LC Case #: 97-0261; Ruling Date: 06/13/2000; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by counsel for BIC Corporation is granted. Motion for leave to file a rebuttal filed by counsel for BIC Corporation is granted and the rebuttal is accepted for filing and has been considered. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., Diaz, Easley and Graves, JJ. Order entered.

Billy Wayne Frith and Wanda Frith as Parents and Natural Guardians of Joshua Brent Frith, a Minor v. BIC Corporation; Scott Circuit Court; LC Case #: 97-0261; Ruling Date: 06/13/2000; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by counsel for BIC Corporation is granted. Motion for leave to file a rebuttal filed by counsel for BIC Corporation is granted and the rebuttal is accepted for filing and has been considered. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., Diaz, Easley and Graves, JJ. Order entered.

The City of Ridgeland, Mississippi, City of Ridgeland Police Department, Police Chief Charles Newell and Donald Martin v. Donald Fowler, Glenda Fowler, Individually and as Mother and Next Friend of Karen Ross Fowler; Madison Chancery Court; LC Case #: 2000-206; Ruling Date: 08/11/2000; Ruling Judge: Gail Shaw-Pierson; Disposition: Motion for rehearing filed by appellees is denied. McRae, P.J., Diaz and Easley, JJ., would grant.

George D. Aguilar a/k/a George Diaz Aguilar a/k/a Jay Aguilar v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 107-00; Ruling Date: 10/13/2000; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by George D. Aguilar is denied. To Deny: All Justices. Order entered.

Francis Joseph Lauro v. Helen Rita Lauro; Jones Chancery Court 2nd District; LC Case #: 99-0379; Ruling Date: 07/19/2001; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Donald Lee Stone v. Phyllis Jean Stone; Rankin Chancery Court; LC Case #: 48186; Ruling Date: 03/20/2001; Ruling Judge: John Grant, 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 Phyllis Jean Stone is extended until July 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before July 31, 2003. Order entered.

Elbert Lee Silas, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-229; Ruling Date: 08/01/2001; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Elbert Lee Silas, Jr., is denied. To Deny: All Justices. 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: Petition for writ of certiorari filed by McKinley Bell is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

Charles L. Donaldson v. Covington County, Mississippi; Covington Circuit Court; LC Case #: C-99-0090; Ruling Date: 08/22/2001; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., and Easley, J., would grant.

Jeno Fulop v. Frank Suta; Lafayette Chancery Court; LC Case #: 2000-461; Ruling Date: 07/05/2001; Ruling Judge: Norman Gillespie; Disposition: Petition for writ of certiorari filed by Frank Suta is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J., and Cobb, J. Order entered.

In the Matter of the Estate of George Fitzner, Deceased: Oliver L. Phillips v. Julie Fitzner Jurotich, Administratrix, C.T.A.; Lowndes Chancery Court; LC Case #: 99-0129; Ruling Date: 01/18/2002; Ruling Judge: Dorothy Colom; Majority Opinion: Diaz, J. Disposition: Dismissed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.