08/07/2003 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  98-DR-00708-SCT

Henry Curtis Jackson, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 21817 ; Ruling Date: 09/14/1991; Ruling Judge: Gray Evans; Disposition: Appellant's Application for Leave to file Petition for Uniform Post-Conviction Collateral Relief is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Henry Curtis Jackson, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 21817 ; Ruling Date: 09/14/1991; Ruling Judge: Gray Evans; Disposition: Motion for Leave to Proceed in the Circuit Court with the Amended Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Henry Curtis Jackson, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 21817 ; Ruling Date: 09/14/1991; Ruling Judge: Gray Evans; Majority Opinion: McRae, P.J. Disposition: Petitions for Post-Conviction Collateral Relief, denied. Leflore County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. Diaz, J., Not Participating.

Heather Gamble, a Minor, by and through Her Mother and Adult Next Friend, Rebecca Gamble v. Dollar General Corporation, a Tennessee Corporation, and Sheri Thornton; Lamar Circuit Court; LC Case #: 99-0075; Ruling Date: 08/14/2000; Ruling Judge: Michael Eubanks; Disposition: Motion for rehearing filed by appellee is granted. The original opinions are withdrawn and these opinions are substituted therefor. Part I: Affirmed. Part II: Reversed and Rendered. Diaz, J., not participating.

Heather Gamble, a Minor, by and through Her Mother and Adult Next Friend, Rebecca Gamble v. Dollar General Corporation, a Tennessee Corporation, and Sheri Thornton; Lamar Circuit Court; LC Case #: 99-0075; Ruling Date: 08/14/2000; Ruling Judge: Michael Eubanks; Majority Opinion: Easley, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Part I: Affirmed. Part II: Reversed and Rendered. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., and Graves, J., Concur as to Part I. Smith, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Waller, Cobb and Carlson, JJ. Diaz, J., not participating. Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ., Concur as to Part II. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Concurring in Part and Dissenting in Part Opinion: Smith, P.J. Votes: Waller, Cobb and Carlson, JJ., Join This Opinion.

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: Petition for writ of certiorari filed by Gary McClendon is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.

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 August 7, 2003. A final decision on whether to grant or deny the petition shall be entered on or before August 7, 2003. Order entered.

John Bowen v. DeSoto County Board of Supervisors; DeSoto Circuit Court; LC Case #: CV2000-0080B/D; Ruling Date: 09/28/2000; Ruling Judge: Andrew Baker; Majority Opinion: Pittman, C.J. Disposition: Court of Appeals' Judgment, Affirmed. DeSoto County Board of Supervisors taxed with costs of appeal. Votes: McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

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: Petition for writ of certiorari filed by Pete J. Nosser, III, et al., is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Not Participating: Diaz, J. Order entered.

Frances Buskirk, Ronny Van Buskirk and Mike Van Buskirk on Behalf of the Wrongful Death Heirs of J.C. Buskirk, Deceased v. John P. Elliott, M.D.; Lee Circuit Court; LC Case #: 94-153(G)L; Ruling Date: 08/03/2001; Ruling Judge: Thomas Gardner, III; Majority Opinion: Pittman, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. McRae, P.J., and Diaz, J., not participating.

Sam Gantenbein v. Valerie Gantenbein; Lee Chancery Court; LC Case #: 00-0368; Ruling Date: 08/20/2001; Ruling Judge: John Ross, Jr.; Disposition: Petition for writ of certiorari filed by Sam Gantenbein is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.

L.G. Brown v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-140; Ruling Date: 07/23/2001; Ruling Judge: R. Coleman; 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 L. G. Brown is extended until October 9, 2003. A final decision on whether to grant or deny the petition shall be entered on or before October 9, 2003. Order entered.

Mississippi Department of Human Services on behalf of Vickie Allen and Theresa Hagler v. William Sanford; Forrest Chancery Court; LC Case #: 00-0571; Ruling Date: 06/25/2001; Ruling Judge: Johnny Williams; Consolidated with 2001-CA-01576-SCT Mississippi Department of Human Services on behalf of Vickie Allen and Theresa Hagler v. William Sanford; Forrest Chancery Court; LC Case #: 53,586-GN; Ruling Date: 06/25/2001; Ruling Judge: Johnny Williams; Disposition: Motion for rehearing filed by appellee is denied. McRae, P.J., would grant. Diaz. J., not participating.

Dexter Tramayne Wells v. State of Mississippi; Jackson Circuit Court; LC Case #: 96-10,754; Ruling Date: 12/04/2001; Ruling Judge: Kathy Jackson; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Milton Stephens, Helen S. Stephens and Henry E. Palmer v. The Equitable Life Assurance Society of the United States and George C. Bell; Sunflower Circuit Court; LC Case #: 2001-0561-Cl; Ruling Date: 03/05/2002; Ruling Judge: Richard Smith; Disposition: Plaintiffs' Motion to Withdraw its Motion for Rehearing and Motion to Dismiss with Prejudice filed by Milton Stephens, et al., is granted. The motion for rehearing is dismissed. The mandate shall issue in accordance with the opinion handed down on March 20, 2003. McRae, P.J., and Diaz, J., not participating. Order entered.

Milton Stephens, Helen S. Stephens and Henry E. Palmer v. The Equitable Life Assurance Society of the United States and George C. Bell; Sunflower Circuit Court; LC Case #: 2001-0561-Cl; Ruling Date: 03/05/2002; Ruling Judge: Richard Smith; Disposition: Plaintiffs' Motion to Withdraw its Motion for Rehearing and Motion to Dismiss with Prejudice filed by Milton Stephens, et al., is granted. The motion for rehearing is dismissed. The mandate shall issue in accordance with the opinion handed down on March 20, 2003. McRae, P.J., and Diaz, J., not participating. Order entered.

Katherine L. Buchanan v. Ameristar Casino Vicksburg, Inc.; Warren Circuit Court; LC Case #: 99-0343-CI(P); Ruling Date: 03/05/2002; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion Joined by Easley, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

Howard Dean Goodin (Gooden) v. State of Mississippi; Newton Circuit Court; LC Case #: 99CR0002; Ruling Date: 05/19/1999; Ruling Judge: Marcus Gordon; Disposition: Appellee's Motion to Strike Petitioner's Rebuttal Brief is denied. See Pages 9 and 10, Opinion of this Court handed down this date. Diaz, J., not participating.

Howard Dean Goodin (Gooden) v. State of Mississippi; Newton Circuit Court; LC Case #: 99CR0002; Ruling Date: 05/19/1999; Ruling Judge: Marcus Gordon; Disposition: Application for Leave to File Petition for Post-Conviction Relief, Granted in Part and Denied in Part. See Opinion of this Court handed down this date. Diaz, J., not participating.

Howard Dean Goodin (Gooden) v. State of Mississippi; Newton Circuit Court; LC Case #: 99CR0002; Ruling Date: 05/19/1999; Ruling Judge: Marcus Gordon; Majority Opinion: Carlson, J. Disposition: Application for Leave to File Petition for Post-Conviction Relief, Granted in Part and Denied in Part. Newton County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Hazem Barmada, M.D. v. Ara K. Pridjian, M.D.; Harrison Circuit Court 1st District; LC Case #: A2401-2002-0083; Ruling Date: 12/23/2002; Ruling Judge: Robert Walker; Disposition: Motion for rehearing filed by appellee is denied. McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, Justice Oliver E. Diaz, Jr., is granted a leave of absence from this Court, with pay, until such time as the charges against him pending in the United States District Court for the Southern District of Mississippi have been resolved. McRae, P.J., opposes as premature since there has been no formal request made, and further stating that there is no constitutional authority for the Court to grant a leave of absence to an elected justice; there are constitutional sections and law that provide for handling this type of situation. Diaz, J., not participating. Order entered.