09/18/2003 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  98-DR-00517-SCT

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Disposition: Simon's Application for Leave to Proceed in the Trial Court on Petition for Post-Conviction Relief, denied. Diaz, J., not participating.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Disposition: Appellant's Application for Leave to File Motion to Vacate Conviction and/or Death Sentences, denied. Diaz, J., not participating.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Majority Opinion: Pittman, C.J. Disposition: Petitions for Leave to Seek Post-Conviction Relief, Denied. Quitman County taxed with costs of appeal. Votes: McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. Diaz, J., not participating.

Kathy Burnett and Phillip Burnett v. Dr. Lori Fulton; Hinds Circuit Court 1st District; LC Case #: 251-97-1231-CIV; Ruling Date: 03/23/2000; Ruling Judge: James Graves, Jr.; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion. Diaz and Graves, JJ., not participating. Dissenting Opinion: McRae, P.J.

David Earl King and Nathan Paul King a/k/a Dooley v. State of Mississippi; Walthall Circuit Court; LC Case #: 2001-60-B; Ruling Date: 10/02/2001; Ruling Judge: Mike Smith; Majority Opinion: Easley, J. Disposition: On change of venue to Franklin County. DAVID EARL KING: Count I: Conviction of conspiracy to commit sexual battery and sentence of five (5) years in the custody of the Mississippi Department of Corrections, and pay fine of $5,000.00, Affirmed. Count II: Conviction of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, and pay fine of $10,000.00, Affirmed. Count III: Conviction of contributing to the delinquency of a minor and sentence of one (1) year in the custody of the Mississippi Department of Corrections, and pay fine of $1,000.00, Affirmed. The sentences imposed in this cause shall run consecutively. NATHAN PAUL KING a/k/a DOOLEY: Count I: Conviction of conspiracy to commit sexual battery and sentence of two and one-half (2 l/2) years in the custody of the Mississippi Department of Corrections and pay fine of $5,000.00, Affirmed. Count II: Conviction of sexual battery and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections and pay fine of $10,000.00, Affirmed. Count III: Conviction of contributing to the delinquency of a minor and sentence of one (1) year in the custody of the Mississippi Department of Corrections and pay fine of $1,000.00, Affirmed. The sentences imposed in this cause shall run consecutively. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. McRae, P.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

In Re: The Custody of M.A.G.; Lee Chancery Court; LC Case #: 98-0962; Ruling Date: 09/25/2001; Ruling Judge: Jacqueline Mask; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion Joined by Easley, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

Larry Hymes v. Willard L. McIlwain, Jr., George T. Kelly and George Dunbar Prewitt; Washington Circuit Court; LC Case #: CI-2001-17; Ruling Date: 07/23/2001; Ruling Judge: Richard Smith; 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 Larry Hymes, pro se, is extended until November 7, 2003. A final decision on whether to grant or deny the petition shall be entered on or before November 7, 2003. Order entered.

Kenneth Pulliam v. State of Mississippi; Leake Circuit Court; LC Case #: 00-CR-0060-LE; Ruling Date: 01/17/2002; Ruling Judge: Marcus Gordon; Disposition: On the Court's own motion and by the Court's authority pursuant to M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Kenneth Pulliam is extended until October 30 2003. A final decision on whether to grant or deny the petition should be entered on or before October 30, 2003. Order entered.

Todd W. Dunn v. Judy H. Dunn; Oktibbeha Chancery Court; LC Case #: 1999-0361-C; Ruling Date: 01/23/2002; Ruling Judge: Dorothy Colom; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., would grant. Diaz and Easley, JJ., not participating.

Cornelius Cannady v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-613; Ruling Date: 02/15/2002; Ruling Judge: W. Yerger; 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 Cornelius Cannady is extended until October 22, 2003. A final decision on whether to grant or deny the petition shall be entered on or before October 22, 2003. Order entered.

Gaye Nell Stockstill and James Ray Blanchard, Sr. v. State of Mississippi, The Mississippi Department of Environmental Quality, The Mississippi Department of Wildlife, Fisheries and Parks and The Pearl River Basin Development District; Pearl River Circuit Court; LC Case #: 2001-0405; Ruling Date: 06/18/2002; Ruling Judge: Michael Eubanks; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants 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.

In Re: A. W. Chesterton Company; Jones Circuit Court 1st District; LC Case #: 2000-26-CV9; Ruling Judge: Billy Landrum; Disposition: Motion for Reconsideration of Order Granting Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Respondents is denied. Motion to Strike filed by Petitioner is dismissed as moot. McRae, P.J., Easley and Graves, JJ., would grant the Motion for Reconsideration. Diaz, J., not participating. Order entered.

In Re: A. W. Chesterton Company; Jones Circuit Court 1st District; LC Case #: 2000-26-CV9; Ruling Judge: Billy Landrum; Disposition: Motion for Reconsideration of Order Granting Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Respondents is denied. Motion to Strike filed by Petitioner is dismissed as moot. McRae, P.J., Easley and Graves, JJ., would grant the Motion for Reconsideration. Diaz, J., not participating. Order entered.

The Mississippi Bar v. J. Keith Shelton; Majority Opinion: Cobb, J. Disposition: J. Keith Shelton is suspended from the practice of law in the State of Mississippi and as a member of The Mississippi Bar, his name shall be struck from the roll of attorneys, and his Motion to Dismiss or in the Alternative to Designate a Rule 8 Complaint Tribunal is denied. J. Keith Shelton taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller and Carlson, JJ., Concur. Diaz, Easley and Graves, JJ., not participating.

Don Grist v. Steven E. Farese, Sr. and Anthony L. Farese; Hinds Circuit Court 1st District; LC Case #: 251-03-406CIV; Ruling Date: 06/09/2003; Ruling Judge: William Chapman, III; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, Easley and Graves, JJ., not participating.