09/02/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  1999-CT-01857-SCT

Liberty Mutual Insurance Company v. James McKneely; Warren Circuit Court; LC Case #: 96-0152; Ruling Date: 08/31/1999; Ruling Judge: Frank Vollor; Disposition: Appellee's Request for Oral Argument is denied. Diaz and Graves, JJ., not participating. Order entered.

Liberty Mutual Insurance Company v. James McKneely; Warren Circuit Court; LC Case #: 96-0152; Ruling Date: 08/31/1999; Ruling Judge: Frank Vollor; Disposition: Motion for rehearing filed by appellee is denied. Easley, J., would grant. Diaz and Graves, JJ., not participating.

Harrison County Development Commission v. Daniels Real Estate, Inc. and WJZD, Inc.; Harrison Circuit Court 1st District; LC Case #: A24019800081; Ruling Date: 03/03/2000; Ruling Judge: John Whitfield; Disposition: Motion for rehearing filed by appellees is denied. Easley and Graves, JJ., would grant. Diaz and Dickinson, JJ., not participating.

Darrell Swindle v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2001-0145; Ruling Date: 07/27/2001; Ruling Judge: Keith Starrett; Disposition: Motion for rehearing filed by appellant, pro se, is denied. Diaz, J., not participating.

Rosemary Harrison, Administratrix of the Estate of Sidney Harrison, Deceased, Individually and on behalf of the Wrongful Death Beneficiaries of Sidney Harrison, Deceased v. B. F. Goodrich Company; Tallahatchie Circuit Court 2nd District; LC Case #: 97-53-B(T2); Ruling Date: 01/03/2002; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by counsel for Rosemary Harrison 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.

Barbara Ann Brekeen v. William Lee Brekeen; Tishomingo Chancery Court; LC Case #: 2001-279; Ruling Date: 05/08/2002; Ruling Judge: John Ross, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Easley, Graves and Randolph, JJ., would grant. Diaz, J., not participating.

Xavier Brown v. State of Mississippi; Lamar Circuit Court; LC Case #: 99K-909P; Ruling Date: 06/20/2002; Ruling Judge: Keith Starrett; Majority Opinion: Graves, J. Disposition: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Lamar County 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.

Robert M. Cooley v. William Brawner; Lee Circuit Court; LC Case #: CV01-273(R)L; Ruling Date: 08/27/2002; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Robert M. Cooley is denied. To Deny: Smith, C.J., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Waller, P.J., Diaz and Graves, JJ. Order entered.

Lucille Harbin v. Chase Manhattan Bank, as Trustee; Montgomery Circuit Court; LC Case #: 2002-0071CV-M; Ruling Date: 11/26/2002; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Lucille Harbin, pro se, is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley, J. Not Participating: Diaz and Randolph, JJ. Order entered.

Benny R. Knight v. Corey Brooks; Jackson Circuit Court; LC Case #: CI96-0366(1); Ruling Date: 11/05/2002; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Corey Brooks is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ. To Grant: Randolph, J. Not Participating: Diaz and Dickinson, JJ. Order entered.

Andrew David Ledford v. State of Mississippi; Rankin Circuit Court; LC Case #: 14232; Ruling Date: 12/10/2002; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Andrew David Ledford 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 State Department of Health and Regency Hospital Company, LLC v. Rush Care, Inc. d/b/a The Specialty Hospital of Meridian; Hinds Chancery Court 1st District; LC Case #: G2002-2173 W/4; Ruling Date: 02/26/2003; Ruling Judge: Patricia Wise; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Dickinson and Randolph, JJ., Concur. Carlson, J., Dissents with Separate Written Opinion Joined by Graves, J. Diaz, J., not participating. Dissenting Opinion: Carlson, J. Votes: Graves, J., Joins This Opinion.

L. B. Gulledge, Linda R. Gulledge, Frederick J. Gulledge, Elbert Gulledge, Darryl A. Gulledge, All Individually, and on behalf of the Wrongful Death Beneficiaries of Charlene A. Gulledge, Linda R. Gulledge, Frederick J. Gulledge, Elbert Gulledge, Darryl A. Gulledge and L. B. Gulledge v. Deborah Shaw, Individually; Unknown Surety on Notary bond; Merchants and Farmers Bank, a Mississippi Corporation, All Jointly and Severally; Marshall Circuit Court; LC Case #: M01-148; Ruling Date: 02/22/2003; Ruling Judge: Henry Lackey; Disposition: Motion for rehearing filed by appellants is denied. Easley, J., would grant. Cobb, P.J., and Diaz, J., not participating.

L. B. Gulledge, Linda R. Gulledge, Frederick J. Gulledge, Elbert Gulledge, Darryl A. Gulledge, All Individually, and on behalf of the Wrongful Death Beneficiaries of Charlene A. Gulledge, Linda R. Gulledge, Frederick J. Gulledge, Elbert Gulledge, Darryl A. Gulledge and L. B. Gulledge v. Deborah Shaw, Individually; Unknown Surety on Notary bond; Merchants and Farmers Bank, a Mississippi Corporation, All Jointly and Severally; Marshall Circuit Court; LC Case #: M01-148; Ruling Date: 02/22/2003; Ruling Judge: Henry Lackey; Disposition: Motion for rehearing filed by appellee, Deborah Shaw, is denied. Cobb, P.J., and Diaz, J., not participating.

The Mississippi Bar v. Joe Gregory Stewart; Majority Opinion: Waller, P.J. Disposition: Joe Gregory Stewart is hereby disbarred from the practice of law in the State of Mississippi. Joe Gregory Stewart taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

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: Motion for rehearing filed by respondents is denied. Waller, P.J., Easley and Graves, JJ., would grant. Diaz, J., not participating.

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: Motion to File Amicus Brief filed by Eleanor Faye Peterson, District Attorney for Hinds County, is granted. The amicus brief submitted by Peterson is accepted for filing. Order entered.

Samual Shaw v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-127; Ruling Judge: William Chapman, III; Disposition: On the Court's own motion this case is recalled from assignment to the Court of Appeals for the limited purpose of disposition of the Motion for Recusal, and that motion is dismissed as moot. The Court of Appeals shall now proceed with consideration of the merits of the issues presented in the Petition for Interlocutory Appeal. Diaz, J., not participating. Order entered.

Samual Shaw v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-127; Ruling Judge: William Chapman, III; Disposition: On the Court's own motion this case is recalled from assignment to the Court of Appeals for the limited purpose of disposition of the Motion for Recusal, and that motion is dismissed as moot. The Court of Appeals shall now proceed with consideration of the merits of the issues presented in the Petition for Interlocutory Appeal. Diaz, J., not participating. Order entered.