07/24/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2002-CS-01684-SCT

In Re: William M. Hoppock; Majority Opinion: Waller, J. Disposition: Court Reporter William M. Hoppock is found in willful constructive criminal contempt of this Court, His Court Reporter Certification is hereby revoked, and costs are assessed against Hoppock and shall be paid within thirty days of the issuance of a separate order assessing costs. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Majority Opinion: Waller, J. Disposition: Conviction of Capital Murder and Sentence of Death, Affirmed. Lowndes County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Diaz, Easley and Carlson, JJ., Concur. Cobb, J., Concurs iin Part and in Result Without Separate Written Opinion. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: McRae, P.J.

Gary McClendon and Gloria Henry McClendon v. State of Mississippi; Copiah Circuit Court; LC Case #: 2000-0141CR-A; Ruling Date: 11/16/2000; 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 Gary McClendon is extended until July 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before July 31, 2003. Order entered.

Winfred "Wimp" Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 00-KR-044-S; Ruling Date: 02/28/2001; Ruling Judge: Lillie Sanders; Disposition: On the Court's own motion, the clerk of the trial court shall have 15 days from the entry of this order in which to supplement the record with a certified copy of any order which disposes of Forkner's motion to reopen the time for appeal. In the event the clerk of the trial court makes no such supplementation, Forkner shall have 45 days in which to secure such an order and thereafter supplement the record. McRae, P.J., Dissents. Order entered.

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, ; 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 Michael Green is extended until August 22, 2003. A final decision on whether to grant or deny the petition shall be entered on or before August 22, 2003. Order entered.

C. E. Goode, Darene Goode, Renee Huey and Barry Huey, Administrators of the Estate of Brittany Huey; Any and All Wrongful Death Beneficiaries of Brittany Huey v. Synergy Corporation; Marshall Circuit Court; LC Case #: M98-420; Ruling Date: 03/14/2001; Ruling Judge: R. Coleman; Disposition: Petition for writ of certiorari filed by Synergy Corporation is denied. To Deny: Pittman, C.J., McRae, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: Smith, P.J. Order entered.

David H. Vincent v. Joan (Hankins) Vincent Griffin; DeSoto Chancery Court; LC Case #: 95-12-1376L; Ruling Date: 04/06/2001; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by David H. Vincent is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Carlson, JJ. To Deny: Easley and Graves, JJ. Order entered.

Antonio Murray v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0247-CR1; Ruling Date: 09/04/2001; Ruling Judge: John Montgomery; Disposition: Appellant's Motion for Appeal Bond is denied. Order entered.

Antonio Murray v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0247-CR1; Ruling Date: 09/04/2001; Ruling Judge: John Montgomery; Majority Opinion: Carlson, J. Disposition: Counts II-VI: Conviction of Aggravated Assault and Sentence of Fifteen (15) Years Each in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences Shall Run Concurrently with Sentences Imposed in Any Other Count. Lowndes County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Diaz, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., Specially Concurs With Separate Written Opinion. Easley, J., not participating. Specially Concurring Opinion: McRae, P.J.

Victor Kearley v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060PC; Ruling Date: 03/21/2002; Ruling Judge: R. Prichard, III; Consolidated with 2002-CP-00552-SCT Robert Calhoun v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060; Ruling Date: 03/21/2002; Ruling Judge: R. Prichard, III; Consolidated with 2002-CP-00552-SCT Robert Calhoun v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060; Ruling Date: 03/21/2002; Ruling Judge: R. Prichard, III; Disposition: Motion for rehearing and request to appoint counsel filed by appellant, Robert Calhoun, is denied.

Victor Kearley v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060PC; Ruling Date: 03/21/2002; Ruling Judge: R. Prichard, III; Consolidated with 2002-CP-00552-SCT Robert Calhoun v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060; Ruling Date: 03/21/2002; Ruling Judge: R. Prichard, III; Consolidated with 2002-CP-00552-SCT Robert Calhoun v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060; Ruling Date: 03/21/2002; Ruling Judge: R. Prichard, III; Disposition: Motion for rehearing and request to appoint counsel filed by appellant, Robert Calhoun, is denied.

Janet Kendrick, Individually and on Behalf of all Wrongful Death Beneficiaries of Michael Kendrick, Deceased, a Minor, and Edwin Kendrick, Individually v. Larry R. Lipscomb, M.D.; Walter R. Wolfe, M.D.; Brooks Griffin, M.D.; River Oaks East and River Oaks Hospital, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-99-389CIV; Ruling Judge: W. Yerger; Disposition: Motion for Reconsideration En Banc, to Suspend the Rules, For Recusal, and to Seal the Records filed by counsel for James Brooks Griffin, M.D., has been considered by this Court. Motion for Reconsideration En Banc filed by counsel for James Brooks Griffin, M.D., is granted. Upon reconsideration, the petition for extraordinary relief filed by counsel for Janet Kendrick is denied. The request for recusal, to seal the record and to suspend the rules filed by counsel for James Brooks Griffin, M.D., is denied. McRae, P.J., Easley and Graves, JJ., would deny the motion for reconsideration. Graves, J., would grant the petition for extraordinary relief. Diaz, J., not participating. Order entered.

Janet Kendrick, Individually and on Behalf of all Wrongful Death Beneficiaries of Michael Kendrick, Deceased, a Minor, and Edwin Kendrick, Individually v. Larry R. Lipscomb, M.D.; Walter R. Wolfe, M.D.; Brooks Griffin, M.D.; River Oaks East and River Oaks Hospital, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-99-389CIV; Ruling Judge: W. Yerger; Disposition: Motion for Reconsideration En Banc, to Suspend the Rules, For Recusal, and to Seal the Records filed by counsel for James Brooks Griffin, M.D., has been considered by this Court. Motion for Reconsideration En Banc filed by counsel for James Brooks Griffin, M.D., is granted. Upon reconsideration, the petition for extraordinary relief filed by counsel for Janet Kendrick is denied. The request for recusal, to seal the record and to suspend the rules filed by counsel for James Brooks Griffin, M.D., is denied. McRae, P.J., Easley and Graves, JJ., would deny the motion for reconsideration. Graves, J., would grant the petition for extraordinary relief. Diaz, J., not participating. Order entered.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, the Administrative Office of Courts shall continue discussions with Vision to the end of negotiating an agreement providing for the licensing and marketing of the MYCIDS system and systems based on its design. AOC shall retain the copyrights associated with the MYCIDS system. McRae, P.J., not participating. Order entered.

In Re: Latoya L. Thomas; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Disposition: On the Court's own motion, and in accordance with the procedure set out in Uniform Rule of Circuit and County Court Practice l.05A, Cause No. 251-01-0007, Hinds County Circuit Court, First Judicial District, is hereby ordered to be resubmitted to the circuit clerk for random assignment to one of the circuit judges of the Seventh Circuit Court District, excluding Judge Tomie T. Green. McRae, P.J., Dissents because Judge Yerger should also be excluded. Graves, J., Dissents. Diaz, J., not participating. Order entered.

City of Jackson v. Carolyn Green and Charles Tisdale; Hinds Circuit Court 1st District; LC Case #: 251-03-317; Ruling Date: 02/27/2003; Ruling Judge: Tomie Green; Disposition: Joint Emergency Application of the Jackson Public School District and the City of Jackson for Leave for Jackson Public School District to Intervene in the Appeal and for Clarification of the Order of Stay of the Preliminary Injunction filed by counsel for Jackson Public School District and counsel for the City of Jackson is granted. Jonathan Larkins and Maggie Benson-White shall be permitted to participate as valid members of the Jackson Public School District's Board of Trustees pending this Court's disposition of the appeal in this matter, and that the actions of Jonathan Larkins and Maggie Benson-White, while serving as members of the Jackson Public School District's Board of Trustees, shall be deemed those of validly appointed members. The Jackson Public School District is hereby allowed to intervene and shall be included in this matter as a party defendant/appellant. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.