09/08/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2004-CA-01685-SCT

Mitchell Lamar Chesney v. Cynthia Ann Chesney; Lauderdale Chancery Court; LC Case #: 99-1074-S; Ruling Date: 07/15/2004; Ruling Judge: Sarah Springer; 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.

In Re: Rules of Discipline for the Mississippi Bar; Disposition: On the Court's own motion, filing deadlines for all proceedings under the Rules of Discipline of The Mississippi Bar against attorneys with their residences or offices located in the Second (Southern) Supreme Court District are extended for a period of 30 days. Diaz, J., not participating. Order entered.

In Re: Rules of Professional Conduct; Disposition: On the Court's own motion and at the request of The Mississippi Bar, all lawyers providing volunteer services without compensation to victims of hurricane Katrina may claim such services as credit for pro bono services under Rule 6.1 of the Rules of Professional Conduct. Diaz, J., not participating. Order entered.

Dayon James a/k/a Dayon Hasan James, Sr. a/k/a Dayon Hasan-Nevada James v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 9501119; Ruling Date: 07/15/1996; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

April Elaine Davidson v. Edwin Daniel Coit ; Rankin Chancery Court; LC Case #: 40348; Ruling Date: 07/10/2002; Ruling Judge: Thomas Zebert; Disposition: Appellant's Motion for Leave to Submit a Late-Filed Petition for Writ of Certiorari filed by April Elaine Davidson, pro se, is denied. Appellant's Petition for Writ of Certiorari filed by April Elaine Davidson, pro se, is dismissed as untimely filed. To Dismiss as Untimely Filed: Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. To Deny: Smith, C.J., Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

April Elaine Davidson v. Edwin Daniel Coit ; Rankin Chancery Court; LC Case #: 40348; Ruling Date: 07/10/2002; Ruling Judge: Thomas Zebert; Disposition: Appellant's Motion for Leave to Submit a Late-Filed Petition for Writ of Certiorari filed by April Elaine Davidson, pro se, is denied. Appellant's Petition for Writ of Certiorari filed by April Elaine Davidson, pro se, is dismissed as untimely filed. To Dismiss as Untimely Filed: Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. To Deny: Smith, C.J., Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Jacob Pigford, Individually and by and through Mike Pigford, Natural Father and Next Best Friend v. Jackson Public School District, Marshall Frazier and Magill Jones; Hinds Circuit Court 1st District; LC Case #: 251-00-319 CIV; Ruling Date: 07/22/2002; Ruling Judge: Tomie Green; Disposition: Rule 17 Petition for writ of certiorari filed by counsel for Jacob Pigford is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Waller, P.J., and Diaz, J. Order entered.

Jim Kindred, Individually, As Wrongful Death Beneficiary, and on Behalf of The Estate of Diana Kindred, Deceased v. Columbus Country Club, Inc.; Lowndes Circuit Court; LC Case #: 2000-0156CVI; Ruling Date: 09/05/2002; Ruling Judge: Lee Howard; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., and Carlson, J., Concur. Graves, J., Concurs in Result Only. Cobb, P.J., Dissents with Separate Written Opinion Joined by Waller, P.J. Diaz, Easley and Dickinson, JJ., not participating. Dissenting Opinion: Cobb, P.J. Votes: Waller, P.J., Joins This Opinion.

Richard Earl Kerns, Jr. and Howard Thomas McKinney v. State of Mississippi; Warren Circuit Court; LC Case #: 02,0017-CRV; Ruling Date: 11/20/2002; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Waller, P.J., and Graves, J. Not Participating: Diaz, J. Order entered.

William Eugene McGruder a/k/a Sonny McGruder v. State of Mississippi; Clarke Circuit Court; LC Case #: 2002-30; Ruling Date: 12/20/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for William Eugene McGruder 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.

Andre Lenoir v. State of Mississippi; Pike Circuit Court; LC Case #: 99-531-KA; Ruling Date: 02/18/2000; Ruling Judge: Keith Starrett; Majority Opinion: Cobb, P.J. Disposition: Per Curiam Affirmance. Conviction of Possession of at Least 8.4 Grams of Cocaine with Intent to Distribute and Sentence of Twenty-Five (25) Years in the Custody of the Mississippi Department of Corrections, Affirmed. The Appellant shall serve the first Twenty-Two (22) Years with the Remaining Three (3) Years to be served on Post Release Supervision. Appellant shall pay a fine in the amount of $15,000.00 and all court costs. Pike County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

David Lee Rice v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2003-0115-M; Ruling Date: 09/23/2003; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by David Lee Rice 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.

Jerry Boyd v. Tishomingo County Democratic Executive Committee and Members and Glenn Whitlock, Intervenor; Tishomingo Circuit Court; LC Case #: CV03-0198; Ruling Date: 11/02/2003; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only With Separate Written Opinion. Diaz, J., not participating. Concur in result only Opinion: Graves, J.

Ginger M. Pope, Administratrix of the Estate of Nancy Springer, Deceased v. Dr. Charles F. Brock and Dr. Steven G. Clark; Bolivar Circuit Court 2nd District; LC Case #: 2004-0006; Ruling Date: 03/25/2004; Ruling Judge: Larry Lewis; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ., Concur. Randolph, J., Concurs in Part and in the Result Without Separate Written Opinion. Graves, J., Specially Concurs With Separate Written Opinion. Diaz, J., not participating. Specially Concurring Opinion: Graves, J.

St. Dominic-Madison County Medical Center, St. Dominic-Jackson Memorial Hospital and Mississippi State Department of Health v. Madison County Medical Center; Hinds Chancery Court 1st District; LC Case #: G-2004-248; Ruling Date: 05/28/2004; Ruling Judge: Stuart Robinson; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Graves, J.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, Emergency Procedures Related to Hurricane Katrina's Disruption of Judicial Processes in the Second (Southern) Supreme Court District are set out in an Emergency Administrative Order. Diaz, J., not participating. Emergency Administrative Order entered.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, the offices of the Supreme Court and of the Clerk of the Supeme Court closed Monday, August 29, 2005 at 11:00 a.m., through September 5, 2005. All items due for filing on Monday, August 29, 2005, through September 6, 2005, that were not addressed in this Court's order of September 6, 2005, shall be due on September 12, 2005 and shall be deemed timely filed. Diaz, J., not participating. Administrative Order entered.

Tomas Flores, M.D. v. Marla Elmer, Individually, and as Parent and Next Friend of Gigi Elmer, a Minor; Hancock Circuit Court; LC Case #: 96-0289; Ruling Date: 05/25/2005; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Permission to Appeal and Brief in Support filed by counsel for Tomas Flores is granted. The notice of appeal shall be deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. All trial court proceedings in the Circuit Court of Hancock County, Civil Action No. 96-0289, are stayed pending this Court's disposition in this appeal. This appeal shall be expedited. The trial court reporter shall have thirty (30) days within which to complete the record. Once the record is accepted by the Clerk of this Court, the appellant shall have thirty (30) days within which to file his brief. The appellee's brief shall be due thirty days after the appellant's brief is filed. The appellant's reply brief, if any, shall be due ten days after the appellee's brief is filed. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.