07/17/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2001-CA-01951-SCT

In the Matter of the Conservatorship of Mary Caroline Lambert Bardwell, an Incapacitated Person: Michael Randall Bardwell v. Mary Caroline Lambert Bardwell; Amite Chancery Court; LC Case #: 2000-092; Ruling Date: 11/02/2001; Ruling Judge: W. McGehee, II; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

Donald Ramiro Cousar a/k/a "Coop" v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-313; Ruling Date: 05/20/2002; Ruling Judge: Bobby DeLaughter; Majority Opinion: Cobb, J. Disposition: Conviction of Sale of Cocaine and Sentence to Serve a Term of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Josh Kirk Davis v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2000-8611A; Ruling Date: 04/12/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Yazoo County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.

Jeremy Dean Martin v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,061(1); Ruling Date: 02/27/2002; Ruling Judge: Dale Harkey; Majority Opinion: Smith, P.J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Without the Possibility of Parole, Affirmed. Jackson County taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

New Bellum Homes, Inc. v. Keith and Billie Jean Giffin; Rankin Circuit Court; LC Case #: 95234 ; Ruling Date: 02/10/1998; Ruling Judge: Robert Goza, Jr.; Disposition: Appellant's motion for rehearing and to withdraw and correct mandate is granted. The mandate of this Court in this cause is 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 $50,878.43. However, the appellees shall have credit against such amount for the amount of $16,039.17 paid on the judgment. Interest is awarded to the appellant at eight percent per annum on the amount of $50,878.43 from February 11, 1998 to September 1, 1999 and on $34,839.26 from September 1, 1999." A copy of this order shall issue with the mandate. McRae, P.J., and Graves, J., would deny. Waller, J., not participating. Order entered.

New Bellum Homes, Inc. v. Keith and Billie Jean Giffin; Rankin Circuit Court; LC Case #: 95234 ; Ruling Date: 02/10/1998; Ruling Judge: Robert Goza, Jr.; Disposition: Appellant's motion for rehearing and to withdraw and correct mandate is granted. The mandate of this Court in this cause is 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 $50,878.43. However, the appellees shall have credit against such amount for the amount of $16,039.17 paid on the judgment. Interest is awarded to the appellant at eight percent per annum on the amount of $50,878.43 from February 11, 1998 to September 1, 1999 and on $34,839.26 from September 1, 1999." A copy of this order shall issue with the mandate. McRae, P.J., and Graves, J., would deny. Waller, J., not participating. 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; Disposition: The motion for rehearing of appellant Cynthia Langston is denied but modified with opinion to follow. McRae, P.J., and Easley, J., would grant with separate statements objecting. Waller, J., participates only as to consideration of Issue I which addresses administrative matters and otherwise does not participate. Diaz, J., not participating. Graves, J., Concurs as to Issue I and otherwise would grant the motion. 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; Disposition: Extraordinary Response of Supreme Court to Petition of Cynthia Langston to the Governor Seeking Appointment of Special Justices has been filed with the Clerk of this Court. McRae, P.J., and Easley, J., object. Waller, J., participating only to the extent that this response addresses the administrative issue of appointment of special justices. Diaz, J., not participating.

Scott Milburn, Top Bail Bond, Albert A. Milburn, ABC and Hampton Gardner d/b/a The Hampton Company v. Vergie Vinson; Smith Circuit Court; LC Case #: 97-0261; Ruling Date: 12/22/1999; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Scott Milborn, Top Bail Bond, Albert A. Milborn, ABC and Hampton Gardner d/b/a The Hampton Company is granted. To Grant: McRae and Smith, P.JJ., Cobb and Graves, JJ. To Deny: Pittman, C.J., Waller, Diaz, Easley and Carlson, JJ. Order entered.

Public Employees' Retirement System v. Marcia F. Howard; Hinds Circuit Court 1st District; LC Case #: 251-99-1151 (CIV); Ruling Date: 08/31/2000; Ruling Judge: Tomie Green; Disposition: Appellee, Marcia Howard's, motion to allow addendum to motion for rehearing is granted. The appellee is allowed to file her addendum to the motion for rehearing. Order entered.

Brian Hollingsworth v. State of Mississippi; Washington Circuit Court; LC Case #: CI99-0258; Ruling Date: 12/07/2000; Ruling Judge: Gray Evans; 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 pro se by Brian Hollingsworth is extended until August 29, 2003. A final decision on whether to grant or deny the petition shall be entered on or before August 29, 2003. Order entered.

Mary Ann Adams and John W. Barrett v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 535-00; Ruling Date: 02/12/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Mary Ann Adams 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.

Mary Ann Adams and John W. Barrett v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 535-00; Ruling Date: 02/12/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for John W. Barrett is granted. To Grant: Pittman, C.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: McRae and Smith, P.JJ., and Easley, J. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Ted Smith is granted. To Grant: McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Deny: Pittman, C.J. Order entered.

Mississippi Transportation Commission v. Highland Development, LLC and Highland Development General Partnership; DeSoto Special Court of Eminent Domain; LC Case #: CO2000-0189; Ruling Date: 01/29/2001; Ruling Judge: Mills Barbee; Disposition: Motion to Correct the Mandate and Assess Statutory Damages of Fifteen Percent (15%) filed by Appellees, Highland Development, LLC and Highland Development General Partnership, against the Appellant, Mississippi Transportation Commission is granted. Smith, P.J., disagrees. Order entered.

Donald Lee Stone v. Phyllis Jean Stone; Rankin Chancery Court; LC Case #: 48186; Ruling Date: 03/20/2001; Ruling Judge: John Grant, III; Disposition: Petition for writ of certiorari filed by counsel for Phyllis Jean Stone is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: McRae, P.J., and Easley, J. Order entered.

Gary W. Morrison v. Mississippi Department of Human Services; Alcorn Chancery Court; LC Case #: 25,287; Ruling Date: 06/12/2001; Ruling Judge: John Ross, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Gary Morrison is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Carlson, JJ. To Deny: McRae, P.J., Easley and Graves, JJ. Order entered.

Hollie Jean Watts v. Mark Harrison Watts; Jackson Chancery Court; LC Case #: 2000-1667; Ruling Date: 06/15/2001; Ruling Judge: William Griffin, 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 a decision on the petition for writ of certiorari filed by counsel for Mark Harrison Watts is extended until August 28, 2003. A final decision on whether to grant or deny the petition shall be entered on or before August 28, 2003. Order entered.

Pete J. Nosser, III, Daria Nosser Hood, Paul W. Nosser, David J. Nosser and Leanne Nosser v. B. P. Buford and Buford Partners, L. P. AND B. P. Buford and Buford Partners, L. P. v. First Bank; Warren Chancery Court; LC Case #: 98-467-GN; Ruling Date: 06/18/2001; Ruling Judge: Donald Patterson; 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 Pete J. Nosser, III, et al. is extended until July 24, 2003. A final decision on whether to grant or deny the petition shall be entered on or before July 24, 2003. Order entered.

Robert Lester Cox v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR-2000-8-CTI; Ruling Date: 06/08/2001; Ruling Judge: George Carlson, Jr.; Disposition: The motion for rehearing filed by appellant is denied. The prior opinion is withdrawn, and this opinion is substituted therefor. Carlson, J., not participating.

Robert Lester Cox v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR-2000-8-CTI; Ruling Date: 06/08/2001; Ruling Judge: George Carlson, Jr.; Majority Opinion: Waller, J. Disposition: The motion for rehearing is denied. The prior opinion is withdrawn, and this opinion is substituted therefor. Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Tallahatchie County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Graves, JJ., Concur. Carlson, J., not participating.

William L. Buckley, Sr. v. Personnel Support Systems, Inc., ADP, Inc. and Schwab Corporation; Jones Circuit Court 2nd District; LC Case #: 95-10-132; Ruling Date: 11/08/2001; Ruling Judge: Billy Landrum; 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 William L. Buckley, Sr., is extended until August 29, 2003. A final decision on whether to grant or deny the petition shall be entered on or before August 29, 2003. Order entered.

The Mississippi Bar v. J. Keith Shelton; Disposition: J. Keith Shelton's name is struck from the roll of attorneys and he is suspended from The Mississippi Bar pursuant to Rule 6 of the Rules of Discipline for The Mississippi Bar. The Motion to Dismiss or, in the Alternative, to Designate a Rule 8 Complaint Tribunal filed by J. Keith Shelton is denied. Diaz and Graves, JJ., not participating. Order entered.

The Mississippi Bar v. J. Keith Shelton; Disposition: J. Keith Shelton's name is struck from the roll of attorneys and he is suspended from The Mississippi Bar pursuant to Rule 6 of the Rules of Discipline for The Mississippi Bar. The Motion to Dismiss or, in the Alternative, to Designate a Rule 8 Complaint Tribunal filed by J. Keith Shelton is denied. Diaz and Graves, JJ., not participating. Order entered.

Thomas F. Cameron, III v. The Mississippi Republican Party and Its State Executive Committee, and James Herring, in His Official Capacity as Party Chairman, Eugene Clarke, Individually, and Stephen Nick, Individually; Hinds Circuit Court 1st District; LC Case #: 251-03-453 CIV; Ruling Judge: Edward Patten, Jr.; Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed in its conclusion that Cameron is not a resident of Senate District 22 and is not qualified to run in the Republican primary for state senator from that district. The opinion of this Court will be issued in due course. McRae, P.J., Dissents with Separate Statement. Graves, J., not participating. Order entered.

Don Grist v. Steven E. Farese, Sr. and Anthony L. Farese; Hinds Circuit Court 1st District; LC Case #: 251-03-406CIV; Ruling Date: 06/09/2003; Ruling Judge: William Chapman, III; Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. The opinion of this Court will be issued in due course. McRae, P.J., Dissents with Separate Statement. Diaz, Easley and Graves, JJ., not participating. Order entered.