07/22/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2003-CA-00234-SCT

Cooper Tire & Rubber Company v. Johnnie McGill and Dorothy Paige, Individually, on behalf of the Estate of Donald Paige, and the Wrongful Death Beneficiaries of Donald Paige; Hinds Circuit Court 1st District; LC Case #: 251-02-114; Ruling Date: 12/20/2002; Ruling Judge: Bobby DeLaughter; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Bob Haney v. Pat Haney; Union Chancery Court; LC Case #: 97-0276; Ruling Date: 12/15/1999; Ruling Judge: John Ross, Jr.; Consolidated with 2002-CT-00244-SCT Bob Haney v. Pat (Robertson) Haney; Union Chancery Court; LC Case #: 97-0276; Ruling Date: 12/05/2001; Ruling Judge: John Ross, Jr.; Disposition: Petition for writ of certiorari field by Pat (Robertson) Haney is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Tracy Harris v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 99-35 CR 2; Ruling Date: 06/11/1999; Ruling Judge: John Hatcher; Disposition: Petition for writ of certiorari filed pro se by Tracy Harris is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Christopher Lancaster, Sr. a/k/a Chris Lancaster v. State of Mississippi; Simpson Circuit Court; LC Case #: 2001-7-K; Ruling Date: 05/08/2001; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Christopher Lancaster, Sr., 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.

Christopher Burchfield v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2001-348-RD; Ruling Date: 02/15/2002; Ruling Judge: George Ready; Disposition: Petition for writ of certiorari filed by counsel for Christopher Burchfield is granted: To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Donyale Stubbs a/k/a Donyale Holloway a/k/a "Bean" v. State of Mississippi; Lincoln Circuit Court; LC Case #: 99-185-KS; Ruling Date: 07/02/1999; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by Donyale Stubbs is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Jerrod Ashton Broomfield and Marquise Leon Flewellen v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-00414; Ruling Date: 03/05/2002; Ruling Judge: Stephen Simpson; Disposition: Petitions for writ of certiorari filed by counsel for Jerrod Ashton Broomfield and Marquise Leon Flewellen are denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

James Joseph Broderick v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 171-01; Ruling Date: 03/29/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari to the Court of Appeals filed by James Joseph Broderick 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.

Edward Earl Purnell a/k/a James Arnold a/k/a "Bubba" v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-369; Ruling Date: 04/04/2002; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Edward Earl Purnell 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.

Medicomp, Inc. v. Paul Marshall v. Dale Williams, M.D.; Copiah Circuit Court; LC Case #: 97-0038; Ruling Date: 04/01/2002; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by counsel for Paul Marshall is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

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: Petition for writ of certiorari filed by Milton D. Concannon, M.D., is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Diaz, J. 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: Petition for writ of certiorari filed by Hardaway Company and St. Paul Fire and Marine Insurance Company is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Michael A. Graham v. State of Mississippi; Neshoba Circuit Court; LC Case #: 02-CR-0028-NS-G; Ruling Date: 07/11/2002; Ruling Judge: Marcus Gordon; Disposition: Rule 17 Petition for Certiorari Review by Mississippi Supreme Court filed by counsel for Michael A. Graham 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.

Travis Ledell Chambers v. State of Mississippi; Wayne Circuit Court; LC Case #: 02-15-K; Ruling Date: 06/27/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Travis Ledell Chambers is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Leon McCoy v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 842-00; Ruling Date: 08/01/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Leon McCoy 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.

Christopher Roy v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10-294; Ruling Date: 10/17/2001; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Christopher Roy 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.

Victor Hurns v. Mississippi Department of Corrections, et al.; Sunflower Circuit Court; LC Case #: 2002-0472-CI; Ruling Date: 08/30/2002; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed pro se by Victor Hurns is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Grenada Police Department v. Jamal Foster; Grenada Circuit Court; LC Case #: 2001-0424CVM; Ruling Date: 02/06/2003; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2003-CA-00677-SCT Grenada Police Department v. Antonio Reed; Grenada Circuit Court; LC Case #: 2001-0345CVL; Ruling Date: 02/06/2003; Ruling Judge: Joseph Loper, Jr.; Consolidated with 2003-CA-00678-SCT Grenada Police Department v. Edwyn Sims; Grenada Circuit Court; LC Case #: 2001-0352CVM; Ruling Date: 02/06/2003; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellees' Motions to Dismiss Appeal are granted. These appeals are dismissed without prejudice. Appellant is taxed with costs of appeals. Easley, J., abstaining. Diaz, J., not participating. Waller, P.J., for the Court. 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: Application to Issue Writ of Certiorari filed by Andrew Campbell 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.

Mississippi Power Company v. William Clark, et al.; Jones Circuit Court 1st District; LC Case #: CI 02-0419; Ruling Date: 11/17/2003; Ruling Judge: Billy Landrum; Disposition: Motion of Mississippi Power Company for Reconsideration En Banc of an Order entered January 26, 2004, is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ. To Grant: Dickinson, J. Not Participating: Diaz and Randolph, JJ. Order entered.

Edward Rigdon, MD v. Linda Bowens; Hinds Circuit Court 1st District; LC Case #: 251-01-825CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by Edward Rigdon, M.D., is granted as to the request for permission to appeal. The trial court order denying the change of venue is reversed and this matter is remanded to the trial court for proceedings consistent with this order. Motion for Stay and the Motion to Expedite Consideration of the Petition for Interlocutory Appeal and Motion for Stay filed by counsel for Edward Rigdon, M.D., are dismissed as moot. Not Participating: Diaz, J. Dickinson, J., for the Court. Order entered.

Edward Rigdon, MD v. Linda Bowens; Hinds Circuit Court 1st District; LC Case #: 251-01-825CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by Edward Rigdon, M.D., is granted as to the request for permission to appeal. The trial court order denying the change of venue is reversed and this matter is remanded to the trial court for proceedings consistent with this order. Motion for Stay and the Motion to Expedite Consideration of the Petition for Interlocutory Appeal and Motion for Stay filed by counsel for Edward Rigdon, M.D., are dismissed as moot. Not Participating: Diaz, J. Dickinson, J., for the Court. Order entered.

Charles Barker v. Sherwin-Williams Company; Jefferson Circuit Court; LC Case #: 2000-587; Ruling Date: 02/27/2004; Ruling Judge: Lamar Pickard; Disposition: Petition for Interlocutory Appeal by Permission filed by Charles Barker is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

River Oaks Health System d/b/a Woman's Hospital v. LaShawn Steptoe-Finley and Willis Finley, Individually and as the Parents and Next Friend of Kaitlyn Jai Steptoe-Finley; Hinds Circuit Court 1st District; LC Case #: 251-01-1270civ; Ruling Date: 06/23/2004; Ruling Judge: Winston Kidd; Disposition: On July 13, 2004, an order was issued granting the Emergency Petition for Stay of the Proceedings and for Interlocutory Appeal filed by counsel for River Oaks Health System d/b/a Woman's Hospital and rendering a decision in favor of River Oaks. The order should have reflected Justice Graves as not participating. All other provisions of the order remain unchanged and enforceable. Diaz and Graves, JJ., not participating. Order entered.