06/24/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay B.
  2002-CP-02154-SCT

Willie R. Lay v. State of Mississippi; Scott Circuit Court; LC Case #: 00-CR-0126-50; Ruling Date: 09/26/2002; Ruling Judge: Marcus Gordon; Majority Opinion: Cobb, P.J. Disposition: Per Curiam Affirmance Scott 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.

In Re: Local Rules; Disposition: Petition of the Chancellors of the Fourteenth Chancery Court District for approval of a local rule styled "Local Rule One - Ex Parte Matters," is granted and approved as a local rule for that district as set forth in Exhibit "A" attached to this order. The Clerk of the Supreme Court shall spread this order on the minutes of the Court and shall forthwith forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Diaz, J., not participating. Order entered.

Reginald Torlentus Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 952426; Ruling Date: 09/11/1996; Ruling Judge: James Graves, Jr.; Majority Opinion: Cobb, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

United States Fidelity & Guaranty Company v. Elizabeth Knight; Coahoma Circuit Court; LC Case #: 8340; Ruling Date: 10/05/2000; Ruling Judge: Albert Smith, III; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. 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. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Diaz and Graves, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J.

Michael Green v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-160; Ruling Date: 05/22/2001; Ruling Judge: L. Hilburn, ; Majority Opinion: Cobb, P.J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Robert Michael Watson v. Patricia Harris Watson; Rankin Chancery Court; LC Case #: 47940; Ruling Date: 06/26/2001; Ruling Judge: Thomas Zebert; 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. Randolph, J., Dissents With Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Diaz and Graves, JJ., not participating. Dissenting Opinion: Randolph, J. Concurring in Part and Dissenting in Part Opinion: Easley, J.

Paul Elvis Crawford v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-01-007; Ruling Date: 04/24/2001; Ruling Judge: Jerry Terry, Sr.; 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 Paul Elvis Crawford is extended until August 12, 2004. A final decision on whether to grant or deny the petition shall be entered on or before August 12, 2004. Order entered.

Darrell Swindle v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2001-0145; Ruling Date: 07/27/2001; Ruling Judge: Keith Starrett; Disposition: Appellant's Motion for Appointment of Counsel filed on March 25, 2004, is denied. Diaz, J., not participating. Order entered.

Darrell Swindle v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2001-0145; Ruling Date: 07/27/2001; Ruling Judge: Keith Starrett; Disposition: Appellant's Motion for Appeal Bond is denied. Diaz, J., not participating. Order entered.

Darrell Swindle v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2001-0145; Ruling Date: 07/27/2001; Ruling Judge: Keith Starrett; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Trial Court is Reinstated and Affirmed. Darrell Swindle taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J, not participating.

Lori Nichols v. David Wayne Funderburk; Itawamba Chancery Court; LC Case #: 01-0165; Ruling Date: 12/21/2001; Ruling Judge: Jacqueline Mask; 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 Lori Nichols is extended until August 16, 2004. A final decision on whether to grant or deny the petition shall be entered on or before August 16, 2004. Order entered.

Entergy Mississippi, Inc. v. Carolyn January Hayes, Individually and as Administrator of the Estate of Lavonne Hayes, Deceased; Javary Lagman January and Lavonne Quintarious Hayes, Minors, by and through Carolyn January Hayes, Mother and Natural Guardian of Javary Lagman January and Lavonne Quintarious Hayes, Minors; and Alvonta Palmer and Tanquinika Palmer, Minors, by and through Bertha Palmer, Mother and Natural Guardian of Alvonta Palmer and Tanquinika Palmer, Minors; Sharkey Circuit Court; LC Case #: 970041; Ruling Date: 11/21/2001; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for Rehearing filed by appellees is denied. Easley and Graves, JJ., would grant. Diaz and Randolph, JJ., not participating.

Demetra P. Myers v. Mark E. Myers; Bolivar Chancery Court 2nd District; LC Case #: 2000-0186; Ruling Date: 02/18/2002; Ruling Judge: William Willard, Jr.; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part; and the Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Reinstated and Affirmed. Demetra P. Myers and Mark E. Myers taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

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 pursuant to 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 July 29, 2004. A final decision on whether to grant or deny the petition should be entered on or before July 29, 2004. Order entered.

Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of Stephanie Ann Pell, Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; 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 Joseph Griffith 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.

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 Leave to Proceed in the Trial Court with a Petition for Post Conviction Relief, denied. Diaz, J., not participating.

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; Majority Opinion: Cobb, P.J. Disposition: Leave to Seek Post-Conviction Relief, denied. George 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.

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 August 6, 2004. A final decision on whether to grant or deny the petition shall be entered on or before August 6, 2004. Order entered.

Nash Plumbing, Inc. and Milton Nash v. Shasco Wholesale Supply, Inc.; Chickasaw Circuit Court 1st District; LC Case #: H-99-133; Ruling Date: 05/07/2001; Ruling Judge: Henry Lackey; Majority Opinion: Cobb, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellants and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

The Mississippi Bar v. Jimmy Doug Shelton; Disposition: Motion for Reconsideration and for Entry of an Order of Disbarment filed by The Mississippi Bar is granted. Jimmy Doug Shelton is hereby disbarred from the practice of law in the State of Mississippi and his name shall be immediately removed from the rolls of The Mississippi Bar. Motion to Cite in Contempt of Court filed by The Mississippi Bar is dismissed without prejudice. Easley, J., objects. Diaz, J., not participating. Order of Disbarment entered.

The Mississippi Bar v. Jimmy Doug Shelton; Disposition: Motion for Reconsideration and for Entry of an Order of Disbarment filed by The Mississippi Bar is granted. Jimmy Doug Shelton is hereby disbarred from the practice of law in the State of Mississippi and his name shall be immediately removed from the rolls of The Mississippi Bar. Motion to Cite in Contempt of Court filed by The Mississippi Bar is dismissed without prejudice. Easley, J., objects. Diaz, J., not participating. Order of Disbarment entered.

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 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.

Joseph Jackson, Jr. a/k/a Joseph Leon Jackson, Jr. a/k/a Joe Jackson, Jr. v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2001-0074CR; Ruling Date: 10/18/0201; 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 Joseph Jackson, Jr., is extended until August 6, 2004. A final decision on whether to grant or deny the petition shall be entered on or before August 6, 2004. Order entered.

Hardaway Company and St. Paul Fire and Marine Insurance Company v. Harvey Bradley; Hinds Circuit Court 1st District; LC Case #: 251-99-749; Ruling Date: 05/09/2002; Ruling Judge: Tomie Green; 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 petitioners is extended until August 27, 2004. A final decision on whether to grant or deny the petition should be entered on or before August 27, 2004. Order entered.

Jesse M. Ash, Sr. v. Floy Lorriane Russom Ash; Marshall Chancery Court; LC Case #: 00-0160; Ruling Date: 04/03/2002; Ruling Judge: Glenn Alderson; 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 Floy Lorraine Russom Ash 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.

Barbara Ann Brekeen v. William Lee Brekeen; Tishomingo Chancery Court; LC Case #: 2001-279; Ruling Date: 05/08/2002; Ruling Judge: John Ross, Jr.; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Randolph, J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Randolph, J.

Jackie Owens, Individually and on Behalf of All Other Death Beneficiaries of Terry Owens v. Paul Mai d/b/a Crystal Springs Mobile Home Parks; Copiah Circuit Court; LC Case #: 2001-0637; Ruling Date: 06/14/2002; Ruling Judge: Lamar Pickard; 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 Paul Mai is extended until August 6, 2004. A final decision on whether to grant or deny the petition shall be entered on or before August 6, 2004. Order entered.

In the Matter of the Extension of the Boundaries of the City of Winona, Montgomery County, Mississippi: Harry Neal, Donna Neal, Scott Neal, Harriet Neal and Winona Elevator Co. Inc. v. City of Winona, Mississippi; Montgomery Chancery Court; LC Case #: 00-05-0110; Ruling Date: 08/28/2002; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, P.J., Carlson, Graves and Randolph, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion, Joined by Smith, C.J., and Cobb, P.J. Diaz, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Smith, C.J., and Cobb, P.J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Former Judge U.U.; LC Case #: 2001-045; Ruling Date: 11/08/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Carlson, J. Disposition: Former Judge U.U. shall be privately reprimanded and assessed costs of $953.95. Former Judge U.U. taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Randolph, JJ., Concur. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Cobb, P.J., Easley and Carlson, JJ. Graves, J., Dissents with Separate Written Opinion. Dickinson, J., Dissents with Separate Written Opinion. Diaz, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Smith, C.J., Cobb, P.J., Easley and Carlson, JJ., Join This Opinion. Dissenting Opinion: Graves, J. Dissenting Opinion: Dickinson, J.

Barbara Ann Gunter and Anthony Hill v. Theresa Dawn Hill Gray; Hinds Chancery Court 1st District; LC Case #: G-97-1173 R/1; Ruling Date: 11/05/2001; Ruling Judge: Stuart Robinson; Disposition: Appellee's motion to dismiss is denied and this Court shall now proceed to consider the appeal on the merits. Diaz and Easley, JJ., not participating. Order entered.

C. A. Southerland v. Susan Diane Shoemaker Southerland; Panola Chancery Court 2nd District; LC Case #: B-99-06-225; Ruling Date: 11/26/2002; Ruling Judge: Dennis Baker; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz and Carlson, JJ., not participating.

Jonathan McGriggs v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0640; Ruling Date: 12/20/2002; Ruling Judge: Lamar Pickard; 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 Jonathan McGriggs 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.

Joseph Daniel Burns a/k/a "Jo Jo" Burns v. State of Mississippi; Lee Circuit Court; LC Case #: CR95-477; Ruling Date: 02/19/2003; Ruling Judge: Frank Russell; Majority Opinion: Easley, J. Disposition: Affirmed. Lee County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Dr. Lester Newman, Perna Carter and Mississippi Valley State University v. Sheron Brown Gary; Hinds Circuit Court 1st District; LC Case #: 251-02-0926CIV; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing or in the alternative, for clarification, filed by appellee is denied. Diaz, Graves and Randolph, JJ., not participating.

Dr. Lester Newman, Perna Carter and Mississippi Valley State University v. Sheron Brown Gary; Hinds Circuit Court 1st District; LC Case #: 251-02-0926CIV; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing or in the alternative, for clarification, filed by appellee is denied. Diaz, Graves and Randolph, JJ., not participating.