09/16/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-CA-01610-SCT

Nancy Caroline Young Brooks, Hugh H. Young and Eddie M. Young, Jr., and All Wrongful Death Beneficiaries of Dorothy Aline Young, Deceased v. Dr. James F. Roberts, Dr. Wells Wilson and King's Daughters Hospital; Lincoln Circuit Court; LC Case #: 00-325; Ruling Date: 06/24/2002; Ruling Judge: Mike Smith; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants 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.

Farmland Mutual Insurance Company v. Mitchell Scruggs, Eddie Scruggs, Scruggs Farm Supply, Inc., Scruggs Farm Joint Venture, HES Farms, Inc., MES Farms, Inc. and MHS Farms, Inc.; Lee Circuit Court; LC Case #: CV01-085 (B)L; Ruling Date: 12/23/2002; Ruling Judge: Richard Bowen; Majority Opinion: Graves, J. Disposition: Reversed and Rendered. Appellees 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.

Gerald W. McIntosh v. Department of Human Services; Kemper Chancery Court; LC Case #: 9033; Ruling Date: 09/17/2003; Ruling Judge: Edward Prisock; 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.

James Parks v. State of Mississippi; Attala Circuit Court; LC Case #: 00-0093-B-CR; Ruling Date: 03/07/2003; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Smith, C.J. Disposition: Count II: Conviction of Accessory After the fact of Armed Robbery and Sentence of Five (5) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Kidnaping and Sentence of Twenty-Five (25) Years in the Custody of the Mississippi Department of Corrections, Affirmed. The sentence in Count III shall run consecutively with the sentence in Count II. Appellant is to pay all court costs and assessments. Attala County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Rodney Gray v. State of Mississippi; Newton Circuit Court; LC Case #: 4582; Ruling Date: 01/25/1996; Ruling Judge: Marcus Gordon; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post Conviction Relief filed by counsel for Rodney Gray, denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Rodney Gray v. State of Mississippi; Newton Circuit Court; LC Case #: 4582; Ruling Date: 01/25/1996; Ruling Judge: Marcus Gordon; Disposition: Petitioner's Pro Se Petition for Post-Conviction Relief, denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Rodney Gray v. State of Mississippi; Newton Circuit Court; LC Case #: 4582; Ruling Date: 01/25/1996; Ruling Judge: Marcus Gordon; Majority Opinion: Cobb, P.J. Disposition: Application for Leave to Seek Post-Conviction Relief, denied. Newton 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.

Christine Perez and Milton Perez v. Garden Isle Community Association; Hancock Circuit Court; LC Case #: 98-0135; Ruling Date: 02/23/2001; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion for rehearing filed by counsel for appellee is denied. The original opinions are withdrawn, and these opinions are substituted therefor. Waller, P.J., would grant. Diaz and Randolph, JJ., not participating.

Christine Perez and Milton Perez v. Garden Isle Community Association; Hancock Circuit Court; LC Case #: 98-0135; Ruling Date: 02/23/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Graves, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn, and these opinions are substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Easley and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only. Carlson, J., Specially Concurs With Separate Written Opinion Joined In Part by Dickinson, J. Waller, P.J., Dissents with Separate Written Opinion. Diaz and Randolph, JJ., not participating. Specially Concurring Opinion: Carlson, J. Votes: Dickinson, J., Joins This Opinion in Part. Dissenting Opinion: Waller, P.J.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; Disposition: Motion for rehearing filed by James Arthur Hires is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Easley, J., would grant. Diaz and Graves, JJ., not participating.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Affirmed in Part and Appeal Dismissed in Part. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 02/15/2002; Ruling Judge: James Gore; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part, and the Judgment of the Chancery Court is Affirmed in Part and Reversed and Remanded in Part. Danny L. Holley and Wanda S. Holley taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Easley, JJ., not participating.

Curtis David Hawthorne v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-176; Ruling Date: 07/01/2002; Ruling Judge: Richard Bowen; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Lee County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Timothy V. Ross, Todd Ross and Champion Industries, Inc. v. National Forms & Systems Group, Inc. and Mickey McCardle; Hinds Circuit Court 1st District; LC Case #: 251-00-942-CIV; Ruling Date: 07/16/2002; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for National Forms & Systems Group, Inc., and Mickey McCardle is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Clifford Kelly Howe, Individually, Julie Newsome Howe, Individually, and Clifford Kelly Howe and Julie Newsome Howe on Behalf of Their Minor Child, Heather Autumn Howe v. Dr. Maribeth Andereck; Forrest Circuit Court; LC Case #: CI01-0216; Ruling Date: 06/25/2002; Ruling Judge: Richard McKenzie; Disposition: Petition for writ of certiorari filed by counsel for Clifford Kelly Howe and Julie Newsome Howe, individually and on behalf of their minor child is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Mark Carr v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-062; Ruling Date: 08/14/2002; Ruling Judge: Andrew Howorth; Disposition: Certiorari was granted by this Court by order entered July 15, 2004. After consideration, the Court finds that the petition for certiorari was improvidently granted and should be dismissed. See M.R.A.P. 17(f). Petition for writ of certiorari filed by Mark Carr is dismissed as improvidently granted. Mark Carr taxed with costs of appeal. Diaz, J., not participating. Waller, P.J., for the Court. Order entered.

Mississippi Commission on Judicial Performance v. Albert G. Gibson, Jr.; LC Case #: 2003-060; Ruling Date: 02/25/2004; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance, granted. City of Derma Municipal Court Judge Albert G. Gibson, Jr., shall be publicly reprimanded in Open Court by the Presiding Judge of the Calhoun County Circuit Court on the first day of the next term of that court after this decision becomes final, shall pay the costs of this proceeding of $100.00 and shall pay to the City of Derma a fine of $330.00. See Opinion of this Court handed down this date. Diaz and Easley, JJ., not participating.

Mississippi Commission on Judicial Performance v. Albert G. Gibson, Jr.; LC Case #: 2003-060; Ruling Date: 02/25/2004; Ruling Judge: Patricia Wise; Majority Opinion: Waller, P.J. Disposition: City of Derma Municipal Court Judge Albert G. Gibson, Jr., shall be publicly reprimanded in Open Court by the Presiding Judge of the Calhoun County Circuit Court on the first day of the next term of that court after this decision becomes final, shall pay the costs of this proceeding of $100.00 and shall pay to the City of Derma a fine of $330.00. Albert G. Gibson, Jr., taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., not participating.

Mississippi Commission on Judicial Performance v. John H. Sheffield; LC Case #: 2003-239; Ruling Date: 05/05/2004; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance, granted. Lee County Justice Court Judge John H. Sheffield shall be publicly reprimanded by the Presiding Circuit Court Judge on the first day of the next term of the Lee County Circuit Court after this decision is final, and shall pay a fine of $192.00 and shall pay the costs of this proceeding, $100. See Opinion of this Court handed down this date. Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. John H. Sheffield; LC Case #: 2003-239; Ruling Date: 05/05/2004; Ruling Judge: Patricia Wise; Majority Opinion: Easley, J. Disposition: Lee County Justice Court Judge John H. Sheffield shall be publicly reprimanded by the Presiding Circuit Court Judge on the first day of the next term of the Lee County Circuit Court after this decision is final, and shall pay a fine of $192.00, and shall pay the costs of this proceeding, $100. John H. Sheffield taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: David R. Banks, Beverly Enterprises-Mississippi, Inc, Beverly Health and Rehabilitation Services, Inc. and Bobbie Blackard; Hinds Circuit Court 1st District; LC Case #: 251-02-111CIV; Ruling Date: 09/02/2004; Ruling Judge: Tomie Green; Disposition: Respondent's Motion for Rehearing of Order Granting Emergency Petition for Writ of Mandamus is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Not Participating: Diaz, Easley, Graves and Randolph, JJ. Order entered.