06/17/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2001-CT-00875-SCT

Randal R. Palmer and Lynn I. Palmer Individually and on behalf of Anne Palmer, a Minor v. Volkswagen of America, Inc., Van-Trow Volkswagen, Inc., Volkswagen A.G. a/k/a Volkswagenwerk Aktiengesellschaft and Volkswagen de Mexico, S. A. de C. V. a/k/a Volkswagen of Mexico; Hinds Circuit Court 1st District; LC Case #: 251-98-1112CIV; Ruling Date: 03/28/2001; Ruling Judge: W. Yerger; 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 Volkswagen of America, Inc., et al. is extended until July 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 30, 2004. Order entered.

Donald Wade Miller v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-29 RD; Ruling Date: 07/27/2001; Ruling Judge: George Ready; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part; the Judgment of the DeSoto County Circuit Court is Reinstated and Affirmed. Donald Wade Miller taxed with costs of appeal. Votes: Smith, C.J., Graves and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Waller, P.J., Dissents with Separate Written Opinion Joined by Cobb, P.J., and Dickinson, J. Diaz, J., not participating. Dissenting Opinion: Waller, P.J. Votes: Cobb, P.J., and Dickinson, J., Join This Opinion.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part and Appeal Dismissed in Part. James Arthur Hires taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Milton D. Concannon, M.D. v. Donis Reynolds; Pike Circuit Court; LC Case #: 98-0053-B; Ruling Date: 04/19/2002; Ruling Judge: Mike Smith; 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 Milton D. Concannon, M.D., 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.

Shirley Byrne and Jimmy Byrne v. Wal-Mart Stores, Inc., and Andrew Lightsey and Jane Doe; Wayne Circuit Court; LC Case #: CV-2000-168 R; Ruling Date: 10/08/2002; 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 the petitioners is extended until July 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 30, 2004. Order entered.

Johnny Lee Brown v. State of Mississippi; Scott Circuit Court; LC Case #: 02-CR-074-SC-G; Ruling Date: 10/10/2002; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Johnny Lee Brown is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Nathaniel Burnett v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0023-CR; Ruling Date: 10/23/2002; Ruling Judge: Lee Howard; 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 Nathaniel Burnett is extended until July 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 30, 2004. Order entered.

Andrew Campbell a/k/a Dick Campbell v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0038-CV-L; Ruling Date: 04/22/2003; Ruling Judge: Joseph Loper, 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 Andrew Campbell under M.R.A.P. 17(e) is extended until July 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 30, 2004. Order entered.

Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-94201; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Disposition: Brown's Successive Application for Leave to File a Motion to Vacate Death Sentence, granted. See Opinion of this Court handed down this date. Diaz, J., not participating.

Sherwood Brown v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-94201; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Majority Opinion: Dickinson, J. Disposition: Leave to Seek Post-Conviction Relief, granted. DeSoto County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Ronnie Lee Conner v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13490; Ruling Date: 07/27/1990; Ruling Judge: Robert Bailey; Disposition: Conner's Successive Application for Leave to Seek Post-Conviction Relief, denied. See Opinion of this Court handed down this date. Diaz and Graves, JJ., not participating.

Ronnie Lee Conner v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13490; Ruling Date: 07/27/1990; Ruling Judge: Robert Bailey; Majority Opinion: Dickinson, J. Disposition: Application for Leave to Seek Post-Conviction Relief, denied. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Diaz and Graves, JJ., not participating.

Wal-Mart Stores, Inc. and American Home Insurance Company v. Ricky Towery; Union Circuit Court; LC Case #: U2003-096; Ruling Date: 10/23/2003; Ruling Judge: Andrew Howorth; Disposition: Appellee Ricky Towery's Motion for Dismissal of Appeal brought by Appellant Wal-Mart Stores, Inc. is granted. This matter is hereby remanded to the Mississippi Workers' Compensation Commission to proceed pursuant to the full commission order dated March 6, 2003. Appellee's request for reasonable attorney's fees for having to defend these improper appeals is granted. The amount of the attorneys' fee award shall be calculated by the Mississippi Workers' Compensation Commission pursuant to Miss. Code Ann., Sections 11-55-5(1) and 71-3- 59. Costs of the appeal are assessed to appellants. Diaz, J., not participating. Order entered.

American National Life Insurance Company of Texas v. Ellen L. Thomas; Hinds Circuit Court 1st District; LC Case #: 251-02-470; Ruling Judge: Tomie Green; Disposition: Motion to Withdraw Petition for Interlocutory Appeal filed by American National Life Insurance Company of Texas is granted. Petition for Interlocutory Appeal and for a Stay of Trial Court Proceedings is dismissed. Diaz, J., not participating. Order entered.

American National Life Insurance Company of Texas v. Ellen L. Thomas; Hinds Circuit Court 1st District; LC Case #: 251-02-470; Ruling Judge: Tomie Green; Disposition: Motion to Withdraw Petition for Interlocutory Appeal filed by American National Life Insurance Company of Texas is granted. Petition for Interlocutory Appeal and for a Stay of Trial Court Proceedings is dismissed. Diaz, J., not participating. Order entered.

East Ford, Inc. v. Merdick McNeal and Mary B. McNeal; Smith Circuit Court; LC Case #: 2003-390; Ruling Judge: Robert Evans; Disposition: Petition for Interlocutory Appeal by Permission filed by counsel for East Ford, Inc., is granted. This matter is hereby remanded to the Circuit Court of Smith County, Mississippi, for entry of an order transferring this matter to Hinds County, Mississippi. Petitioner is taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.