10/09/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
XX  2002-CA-01020-SCT

Joseph Wise, Charlene C. Wise and Elizabeth Ramsey Wise, Minor, by and through Her Mother and Next Friend, Charlene C. Wise v. United Services Automobile Association; Hinds Circuit Court 1st District; LC Case #: 251-97-63CIV; Ruling Date: 04/12/2002; Ruling Judge: W. Yerger; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined in Part by Easley, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion in Part.

Bettie Michelle Ginn v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2002-99 R/D; Ruling Date: 08/23/2002; Ruling Judge: George Ready; Majority Opinion: Carlson, J. Disposition: Count I: Possession of two or more precursor chemicals and sentence of fifteen (15) years, with ten (10) years suspended and five (5) years to serve, in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Possession of methamphetamine and sentence of eight (8) years, with three (3) years suspended and five (5) years to serve, in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run concurrently with the sentence imposed in Count I. Appellant shall pay a five-hundred dollar ($500.00) fine, sixty-two dollars and fifty cents ($62.50) to the Horn Lake, Mississippi Police Department and court costs at a rate of one-hundred dollars ($100.00) per month beginning ninety (90) days after release and other conditions. Appellant is given credit for three (3) days served. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Easley, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by McRae, P.J. Diaz, J., not participating. Dissenting Opinion: Graves, J. Votes: McRae, P.J., Joins This Opinion.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: On the Court's own motion and in accordance with Opinion of this Court handed down this date reversing the judgment of the Court of Appeals and remanding this case to the Court of Appeals for a decision on the merits, the Circuit Clerk of Choctaw County shall immediately enter the January 3, 2001, judgment in Case No. 98-005L on the docket of that court in accordance with M.R.C.P. 79 and forward, within 15 days of this order, a certified copy thereof to the Clerk of this Court for inclusion in the record on appeal. Diaz, J., not participating. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: McRae, P.J. Disposition: Reversed and Remanded to the Court of Appeals for a decision on the merits. Parkerson Lumber, Inc., taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. Diaz, J., not participating.

Michael Weaver a/k/a Michael Herbert Weaver v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: H-99-073; Ruling Date: 10/12/2001; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Michael Weaver 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.

William Lewis Gaskin v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,680(2); Ruling Date: 05/31/2001; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by counsel for William Lewis Gaskin is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

In the Matter of the Guardianship of Daisy Pearl Savell: David C. Dunbar, Esq. and the Law Firm of Dunbar Monroe, PLLC v. Shirley Renfroe and Marguerite Jordan; Scott Chancery Court; LC Case #: 2001-300; Ruling Date: 07/18/2001; Ruling Judge: H. Clark, II; 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 David Dunbar is extended until November 14, 2003. A final decision on whether to grant or deny the petition shall be entered on or before November 14, 2003. Order entered.

State of Mississippi v. Tommy Dean Shaw; Stone Circuit Court; LC Case #: B6601-2000-0076; Ruling Date: 11/08/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: McRae, P.J. Disposition: Presented Question Answered. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Easley and Carlson, JJ., Concur. Waller, J., Dissents with Separate Written Opinion Joined by Smith, P.J., and Cobb, J. Diaz and Graves, JJ., not participating. Dissenting Opinion: Waller, J. Votes: Smith, P.J., and Cobb, J., Join This Opinion.

Michael Mims v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2001-210-KR2; Ruling Date: 04/03/2002; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Michael Mims 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.

Anthony Gene Coffey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-02-00351; Ruling Date: 07/15/2002; Ruling Judge: Jerry Terry, Sr.; 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 Anthony Gene Coffey is extended until November 14, 2003. A final decision on whether to grant or deny the petition should be entered on or before November 14, 2003. Order entered.

Toni Dae Anderson Christian v. David Anthony Wheat; Forrest Chancery Court; LC Case #: 02-0160-GNJ-D; Ruling Date: 01/10/2003; Ruling Judge: Sebe Dale, Jr.; Disposition: Motion for Stay Pending Appeal filed by counsel for Toni Dae Anderson Christian is denied. The appeal of this matter is hereby expedited. Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., would grant. Diaz, J., not participating. Order entered.

In Re: Cooper Tire & Rubber Company; Hinds Circuit Court 1st District; LC Case #: 02-1208; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Rehearing and Rehearing En Banc filed by Cooper Tire & Rubber Company is granted in part. The protective order entered in the trial court on May 7, 2003, and later amended on June 17, 2003, shall be amended by the trial judge as denoted above. Rehearing is denied as to all other requests for relief. Emergency Motion to Extend Stay of Proceedings is dismissed as moot. McRae, P.J., objects. Diaz and Graves, JJ., not participating. Order entered.

In Re: Cooper Tire & Rubber Company; Hinds Circuit Court 1st District; LC Case #: 02-1208; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Rehearing and Rehearing En Banc filed by Cooper Tire & Rubber Company is granted in part. The protective order entered in the trial court on May 7, 2003, and later amended on June 17, 2003, shall be amended by the trial judge as denoted above. Rehearing is denied as to all other requests for relief. Emergency Motion to Extend Stay of Proceedings is dismissed as moot. McRae, P.J., objects. Diaz and Graves, JJ., not participating. Order entered.