06/19/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2001-CA-01847-SCT

Paradise Corporation v. Amerihost Development, Inc., an Illinois Corporation; Warren Circuit Court; LC Case #: 950196-CI; Ruling Date: 11/02/2001; Ruling Judge: Frank Vollor; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur.

Madison County, Mississippi; Karl Banks, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; J. L. McCullough, in His Official Capacity as Former Supervisor of Madison County, Mississippi; David Richardson, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; Louise Spivey, in Her Official Capacity as Former Supervisor of Madison County, Mississippi; Luther Waldrop, in His Official Capacity as Former Supervisor of Madison County, Mississippi; W. T. Bill Banks in His Official Capacity as Former Supervisor of Madison County, Mississippi and Individually; Mark Sharpe, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; and Paul Griffin, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually v. Jessie Hopkins, in His Official Capacity as Sheriff of Madison County and Individually; Madison Chancery Court; LC Case #: 96-767; Ruling Date: 06/18/2001; Ruling Judge: J. Buffington; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Easley and Graves, JJ., Concur. Diaz, J., Dissents Without Separate Written Opinion. Cobb, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., not participating.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11229; Ruling Date: 01/18/1991; Ruling Judge: Lee Howard; Disposition: The motion for rehearing filed by appellant is granted. The previous order and dissenting statements are withdrawn, and these opinions are substituted therefor. McRae, P.J., and Easley, J., not participating.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11229; Ruling Date: 01/18/1991; Ruling Judge: Lee Howard; Majority Opinion: Waller, J. Disposition: The motion for rehearing is granted. The previous order and dissenting statements are withdrawn, and these opinions are substituted therefor. Post-Conviction Relief Granted in Part; Denied in Part. Lowndes County taxed with costs of appeal. Votes: Pittman, C.J., Cobb and Carlson, JJ., Concur. Diaz and Graves, JJ., Concur in Result Only. Smith, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. McRae, P.J. and Easley, J., not participating. Concurring in Part and Dissenting in Part Opinion: Smith, P.J.

Willie C. Russell v. State of Mississippi; Sunflower Circuit Court 1st District; LC Case #: 10130; Ruling Date: 03/04/1993; Ruling Judge: Gray Evans; Disposition: The Motion for Post-Conviction Relief filed on behalf of Russell in 1997 is denied. The Letter Request to Stop Ongoing Death Penalty Appeals filed pro se by Russell is dismissed as moot. The Notice Regarding State's Motion filed by post-conviction counsel is dismissed as moot. See opinion of this Court handed down this date.

Willie C. Russell v. State of Mississippi; Sunflower Circuit Court 1st District; LC Case #: 10130; Ruling Date: 03/04/1993; Ruling Judge: Gray Evans; Disposition: The Motion for Post-Conviction Relief filed on behalf of Russell in 1997 is denied. The Letter Request to Stop Ongoing Death Penalty Appeals filed pro se by Russell is dismissed as moot. The Notice Regarding State's Motion filed by post-conviction counsel is dismissed as moot. See opinion of this Court handed down this date.

Willie C. Russell v. State of Mississippi; Sunflower Circuit Court 1st District; LC Case #: 10130; Ruling Date: 03/04/1993; Ruling Judge: Gray Evans; Majority Opinion: Waller, J. Disposition: Amended Petition for Post-Conviction Relief is Granted on the Sole Ground of Determination of Mental Retardation; Amended Petition for Post-Conviction Relief is Otherwise Denied. Sunflower County taxed with costs of appeal. Votes: Pittman, C.J., Cobb, Carlson and Graves, JJ., Concur. Diaz, J., Concurs in Result Only. Smith, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Easley, J. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. McRae, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Smith, P.J. Votes: Easley, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Easley, J.

George P. Hewes, III and Brown & Williamson Tobacco Corporation v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 98601CIV; Ruling Date: 04/07/1999; Ruling Judge: Tomie Green; Disposition: Motion for Adjudication of Appeal filed on behalf of Appellee, Cynthia Langston is dismissed as moot. Order entered.

George P. Hewes, III and Brown & Williamson Tobacco Corporation v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 98601CIV; Ruling Date: 04/07/1999; Ruling Judge: Tomie Green; Majority Opinion: Cobb, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., and Carlson, J., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion Joined by Easley, J.; Graves, J., Joins in Part. Waller and Diaz, JJ., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion. Graves, J., Joins This Opinion in Part.

Larry Wesley Lawrence v. State of Mississippi; Scott Circuit Court; LC Case #: 5004; Ruling Date: 06/15/1999; Ruling Judge: Marcus Gordon; Majority Opinion: Carlson, J. Disposition: Conviction of Burglary of a Dwelling House, as a Habitual Offender, and Sentence of Twenty-Five (25) Years, Without the Benefit of Parole, Suspension or Reduction of Sentence, in the Custody of the Mississippi Department of Corrections, Affirmed. Scott County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Diaz and Easley, JJ., Concur in Result Only. McRae, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Graves, J., not participating.

Bennie C. Satcher a/k/a Benny C. Satcher v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 10,207; Ruling Date: 07/28/1998; Ruling Judge: Billy Landrum; Disposition: Appellant's Motion for Enlargement of Stay of Proceedings is granted. 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 Bennie C. Satcher is extended until July 21, 2003. Order entered.

Bennie C. Satcher a/k/a Benny C. Satcher v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 10,207; Ruling Date: 07/28/1998; Ruling Judge: Billy Landrum; Disposition: Appellant's Motion for Enlargement of Stay of Proceedings is granted. 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 Bennie C. Satcher is extended until July 21, 2003. Order entered.

Franklin Rashad Boddie v. State of Mississippi; Pike Circuit Court; LC Case #: 00-048-A; Ruling Date: 01/18/2001; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by counsel for Franklin Rashad Boddie is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: Easley, J. Order entered.

Larry Gene Dalton v. Linda Ann Dalton; Covington Chancery Court; LC Case #: 99-265; Ruling Date: 05/14/2001; Ruling Judge: J. Buffington; Disposition: Petition for writ of certiorari filed by Larry Gene Dalton is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. To Deny: Diaz, Easley and Graves, JJ. Order entered.

In the Interest of L.D.M., a Minor; Warren Youth Court; LC Case #: 7074; Ruling Date: 06/13/2001; Ruling Judge: H. Hosemann; Disposition: Appellant's motion for payment of attorney's fees is denied. Order entered.

In the Interest of L.D.M., a Minor; Warren Youth Court; LC Case #: 7074; Ruling Date: 06/13/2001; Ruling Judge: H. Hosemann; Majority Opinion: Waller, J. Disposition: Vacated and Remanded. J.M. taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb and Carlson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

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: The order of this Court entered June 12, 2003, which denied White's Petition for Writ of Certiorari incorrectly reflects Justice Diaz as not participating, when in fact, Justice Diaz voted to deny the petition. Except for the vote of Justice Diaz, the effect of the order entered June 12, 2003, shall remain unchanged. Petition for Writ of Certiorari filed by counsel for Francis Eugene White and the Supplemental Petition for Writ of Certiorari filed pro se by White are denied. To Deny: All Justices. Corrected Order entered.

J.K. Hurdle, Jr. and Sam Hurdle, Hurdle and Son, General Partnership, All Jointly and Severally v. Michael Holloway; Marshall Circuit Court; LC Case #: M97-229; Ruling Date: 10/15/2001; Ruling Judge: Henry Lackey; Majority Opinion: Waller, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.

Daniel Meyers v. Mississippi Insurance Guaranty Association ; Jackson Circuit Court; LC Case #: CI-95-0179(1); Ruling Date: 12/03/2001; Ruling Judge: Dale Harkey; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant 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 Easley, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

The Mississippi Bar v. Jimmy Doug Shelton; Disposition: Motion for Emergency Stay Pending Jimmy Doug Shelton's Motion for Rehearing filed in this cause is denied. McRae, P.J., and Easley, J., would grant. Diaz, J., not participating. Order entered.

Mississippi Commission on Judicial Performance v. Ted L. Blakeney; LC Case #: 2001-188; Ruling Date: 11/08/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Graves, J. Disposition: Simpson County Justice Court Judge Ted L. Blakeney is publicly reprimanded and ordered to pay the costs of this proceeding in the amount of $663.53. Ted L. Blakeney taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur. McRae, P.J., Concurs in Result Only.