Hand Down Lists
September 19, 2002
Diaz, Oliver E.
X
2001-CA-01518-SCT
Taylor, Linda, Individually, and as Personal Representative of John Jason Gable, Deceased v. Mississippian Railway, Inc.
Itawamba Circuit Court; LC Case # 00-040 (R)I; Ruling: 08/28/2001; Frank Russell; Majority Opinion: Diaz, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur.
McRae, Chuck
X
2001-KA-00865-SCT
Wheeler, Vincent a/k/a Vincent M. Wheeler v. State of Mississippi
Lee Circuit Court; LC Case # CR99-551; Ruling: 05/22/2001; Richard Bowen; Majority Opinion: McRae, P.J. Disposition: Count I: Conviction of robbery and sentence of fifteen (15) years in a facility to be designated by the Mississippi Department of Corrections, affirmed. Count II: Conviction of burglary and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, affirmed. Sentence in Count II shall run consecutively with sentence in Count I. Count III: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, affirmed. Sentence in Count III shall run concurrently with sentence in Count I. Appellant is ordered to pay court costs and make restitution of $7500 to the Estate of James Clark. Lee County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.
EN BANC
1998-CT-01217-SCT
MIC Life Insurance Company and General Motors Acceptance Corporation v. Bettye Hicks, Individually and as Administratrix of the Estate of David E. Hicks, Deceased
Jones Circuit Court 2nd District; LC Case # 95789; Ruling: 06/19/1998; Billy Landrum; Disposition: Motion for rehearing filed by appellant, MIC Life Insurance Company, is denied. Diaz and Graves, JJ., would grant.
EN BANC
1998-CT-01217-SCT
MIC Life Insurance Company and General Motors Acceptance Corporation v. Bettye Hicks, Individually and as Administratrix of the Estate of David E. Hicks, Deceased
Jones Circuit Court 2nd District; LC Case # 95789; Ruling: 06/19/1998; Billy Landrum; Disposition: Motion for rehearing filed by appellee, Bettye Hicks, is denied. McRae, P.J., Diaz and Graves, JJ., would grant.
EN BANC
X
1999-IA-00845-SCT
Lawrence County School District and Estate of James A. Blackmon, Deceased v. Clayton Brister, Jr
Lawrence Chancery Court; LC Case #98-0069; Ruling: 05/10/1999; J. Buffington; Dissenting Opinion: Diaz, J. Votes: Diaz, J., Dissents from the Denial of the Motion for Rehearing With Separate Written Opinion Joined by Easley, J.
EN BANC
2000-CT-00563-SCT
Montgomery, Willie L. v. State of Mississippi
Union Circuit Court; LC Case # UK-98-136; Ruling: 11/18/1999; R. Coleman; 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 Willie L. Montgomery is extended until October 25, 2002. A final decision on whether to grant or deny the petition shall be entered on or before October 25, 2002. Order entered.
EN BANC
2000-CT-00897-SCT
King, Cedric a/k/a Cedric Lamar King v. State of Mississippi
Montgomery Circuit Court; LC Case # 2000-0041-CV-M; Ruling: 05/18/2000; C. Morgan, III; 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 Cedric King shall be extended until October 17, 2002. A final decision on whether to grant or deny the petition shall be entered on or before October 17, 2002. Order entered.
EN BANC
2000-CT-01758-SCT
Vaughn, Betty, Administratrix of the Estate of Cassalena Williams and Cassalena Williams (Deceased) v. Monticello Insurance Company
Coahoma Circuit Court; LC Case # 8321; Ruling: 10/03/2000; Albert Smith, III; Disposition: On March 21, 2002, this Court granted the petition for writ of certiorari filed by appellant. The parties then filed a joint motion to dismiss this appeal. By order dated August 5, 2002, this Court suspended proceedings in this matter and remanded this case to the Court of Appeals so the joint motion to dismiss could be addressed. By order dated August 23, 2002, the Court of Appeals dismissed the appeal and returned the case to this Court for final decision. The petition for writ of certiorari filed by Betty Vaughn, Administratrix of the Estate of Cassalena Williams and Cassalena Williams (Deceased), is dismissed. To Dismiss: All Justices. McRae, P.J., for the Court.
EN BANC
2000-CT-01796-SCT
Carlisle, Troy a/k/a Troy Lee Carlisle v. State of Mississippi
DeSoto Circuit Court; LC Case # 2000-258RD; Ruling: 10/20/2000; George Ready; 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 decision of the petition for writ of certiorari filed by Troy Carlisle is extended until November 8, 2002. A final decision on whether to grant or deny the petition shall be entered on or before November 8, 2002. Order entered.
EN BANC
2000-CT-01905-SCT
Fleming, Terry v. State of Mississippi
Hinds Circuit Court 2nd District; LC Case #V-4838; Ruling: 09/22/2000; Bobby DeLaughter; 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 Terry Fleming is extended until November 18, 2002. A final decision on whether to grant or deny the petition shall be entered on or before November 18, 2002. Order entered.
EN BANC
2000-CA-02101-SCT
Craft, Lorraine C. v. Jay Douglas Craft
Lamar Chancery Court; LC Case #99-0081-D; Ruling: 12/14/2000; Sebe Dale, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Waller and Cobb, JJ., would grant.
EN BANC
2001-CT-00252-SCT
Smith, Rebecca McDonald, Jimmy Smith, Cynthia S. Nance (Eaton) and Lisa S. Rogers v. Mark Orman, Administrator, D.N.B.C.T.A., David McDonald, William G. McDonald, Marion Earl Henley, Thelma McDonald Nunnery, Betty Madison Harrison Goodhart, Sam Allen Madison, Patricia Clark and Jane McDonald Brasfield (Abshire)
Benton Chancery Court; LC Case #95-0149; Ruling: 01/17/2001; Norman Gillespie; 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 Rebecca McDonald Smith, et al., is extended until October 10, 2002. A final decision on whether to grant or deny the petition shall be entered on or before October 10, 2002. Order entered.
EN BANC
2001-BA-00731-SCT
Byrd, Isaac K. Jr., In Re:
LC Case #2000B675; Ruling: 01/23/2001; Disposition: Motion for Definition of Terms Pursuant to Rule 11, Miss. R. Disc. and for Expedited Consideration filed by Isaac K. Byrd, Jr., is granted to the extent set forth herein and otherwise denied. That during the period of suspension Byrd's name in association with the firm or identified as an attorney may be used in conjunction with ongoing philanthropic, civic and community sponsorships only to the extent that promotional materials have already been circulated; however, Byrd will exercise all reasonable efforts to stop further generation and distribution during the period of suspension of literature and promotional materials which display his name identifying his as an attorney. That the name "Byrd and Associates" as employed for the purpose of ongoing, contractual, insurance, leasing and operational commitments may continue. That individual notice letters to clients are required for all clients Byrd and Associates or Byrd has engaged to represent or with whom they or either of them have contractual lawyer-client relationships. That Byrd is not authorized during the period of suspension to conduct limited legal consultation in matters of broad public interest, and the request that he be so authorized to do is denied. Easley, J., does not join. Order entered.
EN BANC
XXX
2001-CA-00832-SCT
Russell, Charles v. Performance Toyota, Inc.
Lee Circuit Court; LC Case #.00-285(R)L; Ruling: 05/16/2001; Frank Russell; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Easley, J., Concurs in Result Only. McRae, P.J., Dissents With Separate Written Opinion Joined by Diaz, J. Diaz, J., Dissents With Separate Written Opinion Joined by McRae, P.J., and Graves, J. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion. Dissenting Opinion: Diaz, J. Votes: McRae, P.J. and Graves, J., Join This Opinion.
EN BANC
X
2001-CC-01554-SCT
Landmark Structures, Inc. v. The City Council for the City of Meridian, The City of Meridian and Caldwell Tanks, Inc.
Lauderdale Circuit Court; LC Case #01-CV-071(R); Ruling: 09/12/2001; Larry Roberts; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J.,Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. Pittman, C.J., and Easley, J., Dissent Without Separate Written Opinion.
EN BANC
2002-BR-00300-SCT
Emil, Gerald R., In the Matter of the Petition for Reinstatement to the Practice of Law of
LC Case #94BA749; Ruling: 01/09/1997; Disposition: Motion to Dismiss Gerald R. Emil's Petition filed by The Mississippi Bar is dismissed as moot. Order entered.
EN BANC
X
2002-BR-00300-SCT
Emil, Gerald R., In the Matter of the Petition for Reinstatement to the Practice of Law of
LC Case #94BA749; Ruling: 01/09/1997; Majority Opinion: Diaz, J. Disposition: Petition of Gerald R. Emil for Reinstatement or, Alternatively, for Termination of Suspension is denied. Gerald R. Emil taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.