Mississippi Supreme Court

Hand Down Lists
August 22, 2002

08/22/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E.
X 2000-CA-00465-SCT

Smith, Joe W. Jr. v. Natalie Cash Malouf, Alex J. Malouf, Jr. and Patricia Malouf Leflore Circuit Court; LC Case # 92-12-659; Ruling: 02/14/2000; W. Hines; Majority Opinion: Diaz, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Pittman, C.J., not participating.


Waller, William L.
X 2000-KA-00065-SCT

Horne, Jerrian Donald v. State of Mississippi Forrest Circuit Court; LC Case # 97-20079; Ruling: 07/06/1999; Richard McKenzie; Majority Opinion: Waller, J. Disposition: On Change of Venue to Harrison County. Count I: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Said Sentence to run Consecutively with the Sentence in Count II. Count II: Conviction of Capital Murder and Sentence of Life Imprisonment, Without Parole, in the Custody of the Mississippi Department of Corrections for the Remainder of his Natural Life, Affirmed. Said Sentence to run Consecutively with the Sentence in Count I. Forrest County taxed with costs of appeal. Votes: Smith, P.J., Cobb, Diaz, Easley and Carlson, JJ., Concur. McRae, P.J., Concurs in Result Only. Pittman, C.J., and Graves, J., not participating.


Waller, William L.
X 2001-CA-01402-SCT

Dennis, David Anthony v. Gretchen Johnson Dennis Leake Chancery Court; LC Case # 2000-0346; Ruling: 08/22/2001; William Lutz; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.


Smith, James W.
X 2000-CA-02100-SCT

L., D.J. v. Bolivar County Department of Human Services, by Martha McDaniel, Social Services Regional Director, and C.L. and D.L., Minors, by and through Their Next Friend, Martha McDaniel Bolivar County Court; LC Case # 1044-Y; Ruling: 11/07/2000; Patricia Beckett; Majority Opinion: Smith, P.J. Disposition: Vacated and Remanded. Appellee 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.


EN BANC
X 1999-CT-00915-SCT

Sanderson, Conchetta McNeer v. Robert Buck Sanderson Jones Chancery Court 2nd District; LC Case # 960743; Ruling: 04/27/1999; Franklin McKenzie, Jr.; Majority Opinion: Pittman, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed, and the Judgment of the Chancery Court of the Second Judicial District of Jones County is Reversed and Remanded. Robert Buck Sanderson taxed with costs of appeal. Votes: McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.


EN BANC
XX 2000-IA-00456-SCT

Arant, Andy Turner Jr. and Debra Prysock Arant v. Jerry Lee Hubbard, Jr. and Carolyn W. Hubbard Sunflower Circuit Court; LC Case # CI99-0447; Ruling: 12/09/1999; Margaret Carey-McCray; Majority Opinion: Cobb, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: McRae and Smith, P.JJ., Diaz, Carlson and Graves, JJ., Concur. Waller, J., Dissents With Separate Written Opinion Joined by Pittman, C.J., and Easley, J. Dissenting Opinion: Waller, J. Votes: Pittman, C.J., and Easley, J., Join This Opinion.


EN BANC
2000-CT-00563-SCT

Montgomery, Willie L. v. State of Mississippi Union Circuit Court; LC Case # UK-98-136; Ruling: 11/18/1999; 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 Willie L. Montgomery is extended until September 30, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 30, 2002. Order entered.


EN BANC
2000-CT-00835-SCT

Skates, Ray v. Jeffery Bryant and Sheree Bryant Adams Chancery Court; LC Case # 97-609; Ruling: 02/11/2000; Percy Lynchard, 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 consideration of the petition for writ of certiorari filed by Ray Skates is extended until September 27, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 27, 2002. 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 September 26, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 26, 2002. Order entered.


EN BANC
2000-CT-01232-SCT

Davis, Edward A., Deceased: In the Matter of the Estate of, Diana B. Davis v. Sidney D. Davis, Jr., Phillip Davis, Deborah Ammann, Jean Cockrell, Marty Steinberger, Nell Mathis, Lisa McDaniels, and Estate of Sidney D. Davis, Sr., Deceased, Deborah Ammann, Executrix Simpson Chancery Court; LC Case # 95-0479; Ruling: 06/28/2000; J. Buffington; 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 Diana B. Davis is extended until September 26, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 26, 2002. Order entered.


EN BANC
2000-FC-01838-SCT

Mascarella, Kade v. United States Fidelity and Guaranty Company LC Case # 2:98CV289PG; Ruling: 10/30/2000; Disposition: Motion to Strike USF&G's 28(j) Letter filed by the appellant is granted. Order entered.


EN BANC
XXX 2000-FC-01838-SCT

Mascarella, Kade v. United States Fidelity and Guaranty Company LC Case # 2:98CV289PG; Ruling: 10/30/2000; Majority Opinion: Pittman, C.J. Disposition: Certified Question Answered. Appellant and appellee taxed with costs of appeal. Votes: Smith, P.J., Waller, Easley and Carlson, JJ., Concur. Cobb, J., Concurs in Part. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion Joined by Diaz, J.; Cobb, J. Joins In Part. Diaz, J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion. Cobb, J., Joins This Opinion in Part. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.


EN BANC
2000-CT-01991-SCT

Sample, Cassandra, Representative of the Wrongful Death Beneficiaries of Mary Alice Sample, Deceased, and Mattie Randel, Representative of the Wrongful Death Beneficiaries of James Williams, Deceased v. Richard Haga and Pam Haga Clay Circuit Court; LC Case # 98-0095; Ruling: 10/17/2000; John Montgomery; Disposition: Petition for writ of certiorari filed by Cassandra Sample, et al., is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.


EN BANC
2001-CT-00709-SCT

Young, Patty v. William (Bill) Benson and State Farm Fire & Casualty Insurance Company Lee Circuit Court; LC Case # 99-258 (g)L; Ruling: 07/05/2000; Thomas Gardner, III; 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 decision on the petition for writ of certiorari filed by Patty Young is extended until September 26, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 26, 2002. Order entered.


EN BANC
2001-CA-00911-SCT

Scott Prather Trucking, Inc. and Benton T. Stevenson v. Ocean D. Clay, a Minor, by and through Her Mother and Next Friend, Diane Sanders Hinds Circuit Court 2nd District; LC Case #99-21; Ruling: 05/10/2001; L. Hilburn; Disposition: Motion to Assess Statutory Penalty filed by the appellee is granted. The mandate in this case shall be recalled and amended as follows: "Affirmed. Statutory damages awarded. Appellant taxed with costs of appeal. Pittman, C.J., McRae and Smith, P.JJ., Diaz, Easley, Carlson and Graves, JJ., Concur. Cobb, J., not participating." Order entered.


EN BANC
2001-BR-01533-SCT

Parsons, Thomas Eddy, In the Matter of the Petition for Reinstatement to the Practice of Law of LC Case # 96-BD-0005; Ruling: 06/05/1996; Disposition: On the Court's own motion, Norman L. Gillespie, Chancellor for the Eighteenth Chancery Court District, is appointed special master to preside over a hearing on Parsons' petition for reinstatement. Chancellor Gillespie shall render a final report and recommendation to this Court on before December 31, 2002. Order entered.


EN BANC
X 2001-BR-01533-SCT

Parsons, Thomas Eddy, In the Matter of the Petition for Reinstatement to the Practice of Law of LC Case # 96-BD-0005; Ruling: 06/05/1996; Majority Opinion: Waller, J. Disposition: Referred to Special Master Pursuant to Rule 3 of Rules of Discipline for The Mississippi Bar. Votes: Pittman, C.J., Smith, P.J., Carlson and Graves, JJ., Concur. McRae, P.J., Diaz and Easley, JJ., Concur in Result Only. Cobb, J., Dissents Without Separate Written Opinion.