10/07/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2001-CA-01309-SCT

Helen Barnett v. Charles E. Oathout; Lee Chancery Court; LC Case #: 98-1454; Ruling Date: 07/18/2001; Ruling Judge: John Ross, Jr.; Disposition: The motion for rehearing filed by Charles E. Oathout is granted. The original opinions are withdrawn, and this opinion is substituted therefor. Easley, J., would deny. Diaz and Graves, JJ., not participating.

Helen Barnett v. Charles E. Oathout; Lee Chancery Court; LC Case #: 98-1454; Ruling Date: 07/18/2001; Ruling Judge: John Ross, Jr.; Majority Opinion: Cobb, P.J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Kenneth Leon Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-98-1000 CIV; Ruling Date: 12/04/2001; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by Kenneth Leon Davis is denied. Smith, C.J., and Diaz, J., not participating.

Hubert Milton Rinehart v. State of Mississippi; Alcorn Circuit Court; LC Case #: 00-429; Ruling Date: 11/15/2001; Ruling Judge: Richard Bowen; Disposition: The motion for rehearing filed by counsel for Hubert Milton Rinehart is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Diaz, J., not participating.

Hubert Milton Rinehart v. State of Mississippi; Alcorn Circuit Court; LC Case #: 00-429; Ruling Date: 11/15/2001; Ruling Judge: Richard Bowen; Majority Opinion: Graves, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, 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.

Timothy Allen Woods, Jr. a/k/a Timothy Allen Woods, Sr. v. State of Mississippi; Washington Circuit Court; LC Case #: CR 2001-298; Ruling Date: 04/05/2002; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Timothy Allen Woods, Jr., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Phillip W. Bougon v. State of Mississippi; Neshoba Circuit Court; LC Case #: 01-CR-0099-NSC; Ruling Date: 04/15/2002; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by counsel for Phillip W. Bougon 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.

Edwin Welsh v. William M. Mounger, II, E. B. Martin, Jr., MSM, Inc. and Mercury Wireless Management, Inc.; Hinds Chancery Court 1st District; LC Case #: G2000-1611 O/3; Ruling Date: 06/27/2002; Ruling Judge: Denise Owens; Disposition: Motion for rehearing filed by appellant is denied. Easley, J., would grant. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Opinion modified at paragraphs 6 and 14.

In the Matter of the Estate of Kela Richardson, Deceased: Bernice Richardson, Administratrix of the Estate of Kela Richardson v. Virgil Cornes, Jr., Individually and as the Natural Father and Duly Appointed Guardian of Virgil Cornes, III, a Minor, Jerome Cornes and Julian Cornes; Bolivar Chancery Court 2nd District; LC Case #: 96-0300; Ruling Date: 07/03/2002; Ruling Judge: William Willard, Jr.; Disposition: Petition for writ of certiorari filed by Virgil Cornes, Jr., et al. is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Peggy C. Hinds, E.R. Friar, Jr., Willene D. Friar and Jerry L. Pelham v. City of Ocean Springs, Mississippi; Jackson Circuit Court; LC Case #: CI-2001-00264(1); Ruling Date: 12/12/2002; Ruling Judge: James Backstrom; Disposition: Petition for writ of certiorari filed by Peggy C. Hinds, et al. 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.

Jodie M. Harrington v. L & B Wood, Inc. and Mickey Berry; Jefferson Davis Circuit Court; LC Case #: 2001-74; Ruling Date: 01/14/2003; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Jodie M. Harrington 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.

Julie Mabus v. St. James Episcopal Church, Episcopal Diocese of Mississippi, Inc., and Jerry McBride; Hinds Circuit Court 1st District; LC Case #: 251-01-23CIV; Ruling Date: 12/18/2002; Ruling Judge: Bobby DeLaughter; Consolidated with 2003-IA-00439-SCT Jerry McBride v. Julie Mabus; Hinds Circuit Court 1st District; LC Case #: 251-01-23CIV; Ruling Date: 01/06/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, J. Disposition: No. 2003-CA-00123-SCT: Affirmed. No. 2003-IA-00439-SCT: Affirmed and Remanded. Julie Mabus and Jerry McBride taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Randolph, JJ., Concur. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Cobb, P.J. Diaz and Graves, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Dickinson, J. Votes: Cobb, P.J., JoinsThis Opinion.

Purdue Pharma, L. P., Purdue Pharma Inc., The Purdue Frederick Company and Winston T. Capel, M.D. v. Estate of Jocelyn Heffner, Jennifer Burrough and Edward Soffra; Holmes Circuit Court; LC Case #: 2002-54; Ruling Date: 06/02/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Cobb, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

Ronnie Lee Conner v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13490; Ruling Date: 07/27/1990; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing filed by Ronnie Lee Conner is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Leave to Seek Post-Conviction Relief, Granted. Easley, J., would deny. Diaz, Graves and Randolph, JJ., not participating.

Ronnie Lee Conner v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13490; Ruling Date: 07/27/1990; Ruling Judge: Robert Bailey; Majority Opinion: Dickinson, J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor. Application for Leave to Seek Post-Conviction Relief, granted. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

St. Paul Mercury Insurance Company v. Merchants & Marine Bank; Harrison Circuit Court 1st District; LC Case #: A2401-01-492; Ruling Date: 08/06/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion for rehearing filed by Merchants & Marine Bank is denied. Easley, J., would grant. Diaz, Carlson, Graves and Randolph, JJ., not participating.