Mississippi Supreme Court

Hand Down Lists
June 27, 2002

06/27/2002 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
89-DP-00823-SCT

Hansen, Tracy Alan v. State of Mississippi Harrison Circuit Court 1st District; LC Case # 22133; Ruling: 10/30/1987; James Thomas; Disposition: State of Mississippi 's Motion to Reset Execution Date is granted. July 17, 2002, is hereby set as the date for execution of Tracy Alan Hansen in the manner provided by law. This order shall serve as the warrant of execution of Tracy Alan Hansen. Order entered.


EN BANC
XXX 97-CA-01447-SCT

Coho Resources, Inc. and Gary Cockrell v. Luther McCarthy, Administrator of the Estate of Kelvin Dale McCarthy, Deceased; and Bobby Stroo and Wife, Patti Stroo Jasper Circuit Court 1st District; LC Case # 960006; Ruling: 10/14/1997; Robert Evans; Majority Opinion: Cobb, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., Concur. McRae, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz and Easley, JJ.. Diaz, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by McRae, P.J., Easley and Graves, JJ. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Votes: Diaz and Easley, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: McRae, P.J., Easley and Graves, JJ., Join This Opinion.


EN BANC
X 98-CT-00417-SCT

New Bellum Homes, Inc. v. Keith and Billie Jean Giffin Rankin Circuit Court; LC Case # 5234; Ruling: 02/10/1998; Robert Goza, Jr.; Disposition: Motion for Rehearing En Banc to Suspend Rule 2(c) and Correct Two Orders of this Court dated May 25, 2001, and May 27, 2001, is denied to the extent that it seeks further rehearing in this cause. This Court's order filed May 31, 2001, is vacated to the extent that it assessed a fifteen percent penalty against New Bellum. The mandate issued in this cause is hereby recalled and modified to read: "The judgment of the Court of Appeals is affirmed except as to the drainage issue which is reversed. Judgment is rendered against the appellees in the amount of $37,983.43." A copy of this order shall issue with the mandate. McRae, P.J., dissents to the order with separate written opinion. Diaz, J., does not join. Waller and Graves, JJ., not participating. Order entered.


EN BANC
1998-CA-01523-SCT

Jones, Charles T., Individually and as a Taxpayer and Citizen of Montgomery County, Mississippi and The Mississippi Ethics Commission v. Bobby M. Howell, Individually and as Mississippi State Representative, District 46; Kilmichael Drugs, Inc.; John Read, Individually and as Mississippi State Representative, District 112; and Division of Medicaid, Office of the Governor, State of Mississip Hinds Chancery Court 1st District; LC Case # G951579; Ruling: 08/27/1998; William Singletary; Disposition: Appellants' Motion for the Court to Take Judicial Notice of Public Information is granted. Order entered.


EN BANC
XX 1998-CA-01523-SCT

Jones, Charles T., Individually and as a Taxpayer and Citizen of Montgomery County, Mississippi and The Mississippi Ethics Commission v. Bobby M. Howell, Individually and as Mississippi State Representative, District 46; Kilmichael Drugs, Inc.; John Read, Individually and as Mississippi State Representative, District 112; and Division of Medicaid, Office of the Governor, State of Mississip Hinds Chancery Court 1st District; LC Case # G951579; Ruling: 08/27/1998; William Singletary; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Cobb, Easley and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., Dissents With Separate Written Opinion Joined by Diaz, J. Waller, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion.


EN BANC
1999-CT-00337-SCT

McCoy, Leon a/k/a Coy v. State of Mississippi Bolivar Circuit Court 2nd District; LC Case # 8743; Ruling: 12/17/1998; Kenneth Thomas; Disposition: Petition for writ of certiorari filed by Leon McCoy is denied. To Deny: All Justices. Order entered.


EN BANC
1999-CA-01952-SCT

Purdon, J. S., M.D. and J. S. Purdon, M.D., P.A. v. Larry Locke and Rita Locke Quitman Circuit Court; LC Case # 6670; Ruling: 06/30/1999; John Hatcher; Disposition: Appellees' Motion to Amend Mandate is granted. The mandate issued by this Court on February 28, 2002, is corrected to read as follows: "Affirmed. Statutory damages are awarded. Appellants are taxed with all costs of this appeal." Order entered.


EN BANC
2000-CT-00826-SCT

Aronson, Nicholas Mark v. The University of Mississippi Lafayette Chancery Court; LC Case # 99-114; Ruling: 04/20/2000; Glenn Alderson; Disposition: Petition for writ of certiorari filed by the University of Mississippi is granted. To Grant: All Justices. Order entered.


EN BANC
2000-CT-00905-SCT

Cunningham, Joe T. v. State of Mississippi Chickasaw Circuit Court 2nd District; LC Case # OK99-013; Ruling: 05/05/2000; Henry Lackey; 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 Joe T. Cunningham is extended until July 25, 2002. A final decision on whether to grant or deny the petition shall be entered on or before July 25, 2002. Order entered.


EN BANC
2000-CT-01126-SCT

Brookhaven Funeral Home, Inc. v. Deborah Hill and City of Brookhaven, Mississippi Lincoln Circuit Court; LC Case # 98-083; Ruling: 03/15/2000; Mike Smith; Disposition: Petition for writ of certiorari filed by Deborah Hill is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01562-SCT

Edmond, Albert v. James Anderson and David Turner Greene Circuit Court; LC Case # 2000-03-038(3); Ruling: 08/14/2000; Dale Harkey; Disposition: Petition for writ of certiorari filed by Albert Edmond is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ. To Grant: Diaz, J. Order entered.


EN BANC
2000-CT-01688-SCT

Brown, Michael v. State of Mississippi Clay Circuit Court; LC Case # 7900; Ruling: 07/25/2000; Lee Howard; Disposition: Petition for writ of certiorari filed by Michael Brown is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: Easley, J. Order entered.


EN BANC
2000-CT-01779-SCT

Hinders, Thelma M., Joyce H. Stamps and Joan H. Reinhard v. Joyce Lynne Hinders Madison Chancery Court; LC Case # 99-650; Ruling: 09/22/2000; Gail Shaw-Pierson; Disposition: Petition for writ of certiorari filed by Thelma M. Hinders, Joyce H. Stamps and Joan H. Reinhard is granted. To Grant: Pittman, C.J., McRae, P.J., Waller, Diaz, Carlson and Graves, JJ. To Deny: Cobb and Easley, JJ. Not Participating: Smith, P.J. Order entered.


EN BANC
2000-CT-01896-SCT

Hughes, Augusta and Anthony Isby v. State of Mississippi Lee Circuit Court; LC Case # CR98-085; Ruling: 08/29/2000; Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Augusta Hughes and Anthony Isby is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01927-SCT

Scott, Charles and Fred Clark v. Thurman Nelson, Jr. and Yvonne Nelson Warren Chancery Court; LC Case # 95-0142; Ruling: 10/12/2000; Jane Weathersby; Disposition: Petition for writ of certiorari filed by Fred Clark is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Carlson, JJ. To Grant: Graves, J. Not Participating: Waller, J. Order entered.


EN BANC
2000-CT-02076-SCT

Carr, Robert v. State of Mississippi Lowndes Circuit Court; LC Case # 2000-0143-CV1; Ruling: 11/30/2000; Lee Howard; Disposition: Petition for writ of certiorari filed by Robert Carr is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Graves, JJ. To Dismiss as Untimely Filed: Waller and Carlson, JJ. Order entered.


EN BANC
2001-CT-00006-SCT

Williford, Steve v. State of Mississippi DeSoto Circuit Court; LC Case # CR99-0442; Ruling: 12/08/2000; George Carlson, Jr.; Disposition: Petition for writ of certiorari filed by Steve Williford is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Easley and Graves, JJ. To Grant: Cobb, J. Not Participating: Carlson, J. Order entered.