09/11/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2002-KA-00676-SCT

Hugh Wilton McGowen, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,251(2); Ruling Date: 01/22/2002; Ruling Judge: Kathy Jackson; Majority Opinion: Carlson, J. Disposition: On Change of Venue to Simpson County. Conviction of Capital Murder and Sentence of Life Imprisonment, Without Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Jackson County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Graves, JJ., Concur. Diaz, J., not participating.

Willie B. Southern, Jr. v. Mississippi State Hospital, Paul Jackson, M.D. and Martha Murray, M.D.; Rankin Circuit Court; LC Case #: 2002-175; Ruling Date: 08/02/2002; Ruling Judge: William Chapman, III; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ., Concur. Diaz, J., not participating.

James Arthur Mann v. Jackie Buford and Jill Mann; Tishomingo Chancery Court; LC Case #: 2001-207; Ruling Date: 10/05/2001; Ruling Judge: John Ross, Jr.; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

The Equitable Life Assurance Society of the United States v. Mary T. Irving; Jefferson Circuit Court; LC Case #: CV-2000-0103; Ruling Date: 06/10/2002; Ruling Judge: William Coleman; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Cobb and Carlson, JJ., Concur. Pittman, C.J. and Graves, J., Concur in Result Only. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., Waller and Diaz, JJ., not participating.

Eddie Black v. City of Tupelo; Lee Circuit Court; LC Case #: CV00-081(R)L; Ruling Date: 09/27/2002; Ruling Judge: Paul Funderburk; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., and Diaz, J., not participating.

In Re: Local Rules; Disposition: Petition filed by the judges of the Ninth Chancery Court District is granted, and until further order of this Court, the case assignment method presently in place within that district may be continued. McRae, P.J., Diaz, Easley and Graves, JJ., not participating. Order entered.

Robert Lee Townsend v. State of Mississippi; Coahoma Circuit Court; LC Case #: 8520; Ruling Date: 01/11/1995; Ruling Judge: Elzy Smith, Jr.; Consolidated with 2002-KA-00247-SCT Robert Lee Townsend v. State of Mississippi; Coahoma Circuit Court; LC Case #: 8520; Ruling Date: 01/11/1995; Ruling Judge: Elzy Smith, Jr.; Disposition: Motion for Rehearing filed by Appellant is denied. Diaz, J., not participating.

Ruby Lorene Bickham, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham v. Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A.; Lauderdale Circuit Court; LC Case #: 93CV153 ; Ruling Date: 09/25/1997; Ruling Judge: Larry Roberts; Majority Opinion: McRae, P.J. Disposition: Court of Appeals' Judgment Affirmed and Case Remanded for New Trial as to the Claims Asserted Against Doctors Grant and Harris and Rush Medical Group, P.A. Appellant and appellees taxed with costs of appeal. Votes: Easley and Graves, JJ., Concur. Pittman, C.J., Specially Concurs with Separate Written Opinion. Cobb, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Smith, P.J., Waller and Carlson, JJ. Diaz, J., not participating. Specially Concurring Opinion: Pittman, C.J. Concurring in Part and Dissenting in Part Opinion: Cobb, J. Votes: Smith, P.J., Waller and Carlson, JJ., Join This Opinion.

Tammy Winters and David Winters v. Bennie B. Wright, Jr., M.D., Cleveland Clinic, P.A., and Bolivar County Medical Center; Bolivar Circuit Court 2nd District; LC Case #: 95-0069; Ruling Date: 01/30/1999; Ruling Judge: Kenneth Thomas; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, Cobb and Carlson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Pittman, C.J., Dissents with Separate Written Opinion Joined by Graves, J.; McRae, P.J., Joins in Part. McRae, P.J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Pittman, C.J. Votes: Graves, J., Joins This Opinion. McRae, P.J., Joins in Part. Dissenting Opinion: McRae, P.J.

George P. Hewes, III and Brown & Williamson Tobacco Corporation v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 98601CIV; Ruling Date: 04/07/1999; Ruling Judge: Tomie Green; Majority Opinion: Cobb, J. Disposition: The motion for rehearing was denied in this case by order issued July 10, 2003. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J. and Carlson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion. Waller and Diaz, JJ., not participating. Waller, J., Responds to Presiding Justice McRae's Dissent with Separate Written Statement Joined by Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ. Dissenting Opinion: McRae, P.J. Response Opinion: Waller, J. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Join this Separate Written Statement.

Eddie Lee Howard, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 92-400-CR1; Ruling Date: 05/25/2000; Ruling Judge: Lee Howard; Disposition: Motion for Rehearing filed by Appellant is denied. McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.

Brenda Weatherspoon v. Croft Metals, Inc., and Liberty Mutual Insurance Company; Pike Circuit Court; LC Case #: 99-0104-A-B; Ruling Date: 08/11/2000; Ruling Judge: Mike Smith; Disposition: Motion for Leave to Appear as Amicus Curiae filed by Mississippi Trucking Association and Associated General Contractors of Mississippi, Inc., is granted. Diaz, J., not participating. Order entered.

Brenda Weatherspoon v. Croft Metals, Inc., and Liberty Mutual Insurance Company; Pike Circuit Court; LC Case #: 99-0104-A-B; Ruling Date: 08/11/2000; Ruling Judge: Mike Smith; Disposition: Motion for Leave to File Brief of Amici Curiae filed by Mississippi Health Care Association Self Insurers' Fund, Mississippi School Boards Association Workers' Compensation Trust and Mississippi Association of Self Insurers is granted. Diaz, J., not participating. Order entered.

Brenda Weatherspoon v. Croft Metals, Inc., and Liberty Mutual Insurance Company; Pike Circuit Court; LC Case #: 99-0104-A-B; Ruling Date: 08/11/2000; Ruling Judge: Mike Smith; Disposition: Motion for Rehearing filed by Brenda Weatherspoon is denied. McRae, P.J., Easley and Graves, JJ., would grant. Diaz, J., not participating.

Harry Dale Barnes v. State of Mississippi; Simpson Circuit Court; LC Case #: 99-170-K; Ruling Date: 05/04/2001; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Harry Dale Barnes 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.

Sherley Adams, et al. v. Mississippi State Oil and Gas Board, Murphy Oil USA, Inc., Fina Oil & Chemical Company, Union Pacific Resources, Exxon, Mobil, Amoco Corporation and Marathon Oil Company, Successor to TXO Production Company; Lincoln Chancery Court; LC Case #: 2000-100; Ruling Date: 11/04/2000; Ruling Judge: R. Reeves, Jr.; Disposition: Petition for Writ of Certiorari filed by the Mississippi State Oil and Gas Board and the Petition for Writ of Certiorari filed by Murphy Oil USA, Inc., et al, are denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Easley and Graves, JJ. To Grant: McRae, P.J., Cobb and Carlson, JJ. Not Participating: Diaz, J. Order entered.

Electronic Data Systems Corporation v. Mississippi Division of Medicaid, Rica Lewis-Payton, in Her Official Capacity as Executive Director of the Division of Medicaid, and Consultec, LLC; Hinds Chancery Court 1st District; LC Case #: 2001-803(0/3); Ruling Date: 12/06/2001; Ruling Judge: Denise Owens; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Easley and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Pittman, C.J., Waller, Cobb and Diaz, JJ., not participating.

Eva Lois Heard, Personal Representative of the Estate of Gwendolyn Strong, Deceased v. Intervest Corporation; Clay Circuit Court; LC Case #: 99-0062; Ruling Date: 11/27/2001; Ruling Judge: Lee Howard; 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 Eva Lois Heard is extended until October 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before October 31, 2003. Order entered.

Susan Renee Lee, General Guardian of Emily Renee Lawson, A Minor and Sole Wrongful Death Beneficiary of Randy Clay Lawson, Deceased v. Sheriff Andrew Thompson, Individually, Sheriff Andrew Thompson, in his Official Capacity as Sheriff of Coahoma County, The Coahoma County Sheriff's Department, Tracy A. Vance, Norman Harris, Jerry Hampton, Sammie Davis, Sabrea L. Broom, Addie Evans, Raechele D. Scott, and Everett L. Langdon, in Both Their Individual and Official Capacities; Coahoma Circuit Court; LC Case #: 14-CI-01-0028; Ruling Date: 12/13/2001; Ruling Judge: Larry Lewis; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Easley, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.

Charlene Ray v. Ray A. Keith, Lee County, Mississippi, by and through Lee County Board of Supervisors; Lee Circuit Court; LC Case #: 01-035(G)L; Ruling Date: 02/01/2002; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Easley, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by McRae, P.J. Waller and Diaz, JJ., not participating. Dissenting Opinion: Graves, J. Votes: McRae, P.J., Joins This Opinion.

Gregory Paxton Payton v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A-2402-01-00186; Ruling Date: 02/05/2002; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Gregory Paxton Payton 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.

The Mississippi Bar v. Jimmy Doug Shelton; Disposition: Motion for Rehearing filed by Jimmy Doug Shelton is denied. McRae, P.J., and Easley, J., would grant. Diaz, J., not participating.

Jacob M. Rush v. Carol M. Ivy; Humphreys Circuit Court; LC Case #: 01-0093; Ruling Date: 05/08/2002; Ruling Judge: Gray Evans; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ., Concur. Diaz and Graves, JJ., not participating.

Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 03/21/2003; Ruling Judge: Jannie Lewis; Consolidated with 2001-CT-01542-SCT Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 11/29/2000; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, J. Disposition: Reversed and Remanded to the Court of Appeals. Yazoo County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., and Easley, J., Dissent Without Separate Written Opinion. Diaz, J., not participating.