08/25/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2003-CP-01877-SCT

Jessica Powers f/k/a Jessica R. McDonald v. Eric Tiebauer; Newton Chancery Court; LC Case #: 99-N253; Ruling Date: 07/25/2003; Ruling Judge: H. Clark, II; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Oscar Rivera Ortiz a/k/a Cesar Taveras v. State of Mississippi; Scott Circuit Court; LC Case #: 04-CR-032-SC-G; Ruling Date: 06/10/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance Conviction of Burglary of a Dwelling House and Sentence of Eighteen (18) Years in the custody of the Mississippi Department of Corrections, Affirmed. Scott County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Local Rules; Disposition: Petition of the Chancellors of the Sixth Chancery Court District for approval of a local rule styled "Rules of Practice and Procedure Sixth Chancery Court District" and a supplemental petition correcting the original petition is granted. The Rules of Practice and Procedure Sixth Chancery Court District submitted by the Chancellors of the Sixth Chancery Court District and attached hereto as Exhibit "A" to this order are approved as a local rule for that district. The Clerk of the Supreme Court shall spread this order on the minutes of this Court and shall forthwith forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Diaz, J., not participating. Order entered.

William Erin Cannon a/k/a Bill v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-150-MS; Ruling Date: 01/09/2002; Ruling Judge: Mike Smith; Consolidated with 2002-CT-00408-SCT William Erin Cannon v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-149-MS; Ruling Date: 10/22/2001; Ruling Judge: Mike Smith; Consolidated with 2002-CT-01983-SCT State of Mississippi, Ex Rel. Lincoln County Sheriff's Department: That Parcel of Land, ET SEQ,1997 Honda Shadow Motorcycle Vin#1HFSC1801VA100142 and $2000 in United States Currency v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2001-272; Ruling Date: 11/15/2002; Ruling Judge: Mike Smith; Disposition: Petition for Writ of Certiorari filed by counsel for appellants 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.

State of Mississippi, Ex Rel. Lincoln County Sheriff's Department: That Parcel of Land, ET SEQ,1997 Honda Shadow Motorcycle Vin#1HFSC1801VA100142 and $2000 in United States Currency v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2001-272; Ruling Date: 11/15/2002; Ruling Judge: Mike Smith; Consolidated with 2002-CT-00406-SCT William Erin Cannon a/k/a Bill v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-150-MS; Ruling Date: 01/09/2002; Ruling Judge: Mike Smith; Consolidated with 2002-CT-00408-SCT William Erin Cannon v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-149-MS; Ruling Date: 10/22/2001; Ruling Judge: Mike Smith; Disposition: Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Waller, P.J. Not Participating: Diaz, J., Order entered.

Debra Waters v. James "Danny" Gnemi; Holmes Circuit Court; LC Case #: 2003-366; Ruling Date: 11/13/2003; Ruling Judge: Albert Smith, III; Disposition: Motion for Clarification of Opinion filed by counsel for Debra Waters is denied. Diaz, J., not participating. Order entered.

Lockheed Martin Corporation; Jack Johns, Assembly Manager; Steve Cobb, Multi Function Manufacturing Senior Manager v. Tammie Lynn Fitzgerald, Individually and on Behalf of the Wrongful Death Heirs of Mickey Lee Fitzgerald; Lauderdale Circuit Court; LC Case #: 04-CV-133R; Ruling Date: 02/02/2005; Ruling Judge: Larry Roberts; Disposition: Petition for Expedited Interlocutory Appeal filed by counsel for Lockheed Martin is granted. All trial court proceedings are stayed pending resolution of the appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley, J. Not Participating: Diaz, Graves and Randolph, JJ. Order entered.

Charles T. Haley, M.D. v. Michael Harbin, Individually and Jacqueline Harbin, Individually and as Administratrix of the Estate of Madison Parker Harbin, Deceased; Grenada Circuit Court; LC Case #: 2004-0264CVL; Ruling Date: 05/04/2005; Ruling Judge: Joseph Loper, Jr.; Disposition: Emergency Petition for Permission to Appeal Interlocutory Order filed by counsel for Charles T. Haley, M.D., is granted. The stay entered by this Court on May 25, 2005, is hereby lifted. The circuit court's order compelling Haley to respond to Harbin's Amended Requests for Admissions and Second Set of Interrogatories is vacated. This matter is remanded to the Circuit Court of Grenada County, Mississippi, for further proceedings consistent with this order. All costs of this appeal are taxed to Michael Harbin, et al. This order shall be published, and the Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advanced sheets of the Southern Reporter, Second Series (Mississippi Edition). To Deny: Graves, J. Not Participating: Diaz, J. Randolph, J., for the Court. Order entered.