10/23/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-KA-00723-SCT

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: 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: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Carlson, JJ., Concur. Diaz, J., not participating.

Walter W. Eckman, M.D. and Aurora Spine Centers-Mississippi, Inc. v. Linda Michelle Moore, Individually, and for and on Behalf of the Wrongful Death Beneficiaries of Jason Taylor Moore, Deceased; Lee Circuit Court; LC Case #: 00-0174(B)L; Ruling Date: 03/04/2002; Ruling Judge: Richard Bowen; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Waller and Graves, JJ., Concur. Carlson, J., Dissents with Separate Written Opinion joined by Smith, P.J., and Cobb, J. Diaz, J., not participating. Dissenting Opinion: Carlson, J. Votes: Smith, P.J., and Cobb, J., Join This Opinion.

David Allen Jones v. State of Mississippi; Sharkey Circuit Court; LC Case #: 2093; Ruling Date: 10/01/2001; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sharkey County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Easley, Carlson and Graves, JJ., Concur. Diaz, J., not participating.

Cheryl Ladner v. Woodrow Logan; Pearl River Chancery Court; LC Case #: 19,882-D; Ruling Date: 03/27/2002; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Waller, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed and Remanded in Part. On Cross-Appeal: Affirmed. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Maurice Ferguson a/k/a Edward Hunter a/k/a Michael Ferguson a/k/a Lee Tollfree a/k/a Arthur Ferguson a/k/a Michael Lewis v. State of Mississippi; Washington Circuit Court; LC Case #: CR2000-73; Ruling Date: 01/09/2001; Ruling Judge: W. Hines; 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 Maurice Ferguson is extended until November 21, 2003. A final decision on whether to grant or deny the petition shall be entered on or before November 21, 2003. Order entered.

Alvin Jones v. State of Mississippi; Coahoma Circuit Court; LC Case #: 20-0062; Ruling Date: 02/22/2001; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Marcus Roberson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 200-0038; Ruling Date: 04/27/2001; Ruling Judge: Elzy Smith, Jr.; Disposition: Petition for writ of certiorari filed by Marcus Roberson 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.

Marlon Latodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-82; Ruling Date: 03/30/2001; Ruling Judge: R. Coleman; Majority Opinion: Easley, J. Disposition: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Union County taxed with costs of appeal. Votes: Smith, P.J. and Carlson, J., Concur. Cobb, J., Concurs in Part and in Result. Waller, J., Concurs With Separate Written Opinion, Joined by Pittman, C.J., Cobb and Carlson, JJ. Graves, J., Joins in Part. Graves, J., Dissents with Separate Written Opinion, Joined by McRae, P.J. Diaz, J., not participating. Concurring Opinion: Waller, J. Votes: Pittman, C.J., Cobb and Carlson, JJ., Join This Opinion. Graves, J., Joins This Opinion in Part. Dissenting Opinion: Graves, J. Votes: McRae, P.J., Joins This Opinion.

Madison County, Mississippi; Karl Banks, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; J. L. McCullough, in His Official Capacity as Former Supervisor of Madison County, Mississippi; David Richardson, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; Louise Spivey, in Her Official Capacity as Former Supervisor of Madison County, Mississippi; Luther Waldrop, in His Official Capacity as Former Supervisor of Madison County, Mississippi; W. T. Bill Banks in His Official Capacity as Former Supervisor of Madison County, Mississippi and Individually; Mark Sharpe, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; and Paul Griffin, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually v. Jessie Hopkins, in His Official Capacity as Sheriff of Madison County and Individually; Madison Chancery Court; LC Case #: 96-767; Ruling Date: 06/18/2001; Ruling Judge: J. Buffington; Dissenting Opinion: McRae, P.J. Votes: Motion for rehearing filed by appellee is denied. Pittman, C.J., and Cobb, J., would grant. McRae, P.J., Dissents from the Denial of the Motion for Rehearing with Separate Written Opinion. Diaz and Graves, JJ., not participating.

Frances Buskirk, Ronny Van Buskirk and Mike Van Buskirk on Behalf of the Wrongful Death Heirs of J.C. Buskirk, Deceased v. John P. Elliott, M.D.; Lee Circuit Court; LC Case #: 94-153(G)L; Ruling Date: 08/03/2001; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellants is denied. McRae, P.J., Easley and Graves, JJ., would grant. Diaz, J., not participating.

Royer Homes of Mississippi, Inc. v. Chandeleur Homes, Inc.; Pike Circuit Court; LC Case #: 5315; Ruling Date: 09/24/2001; Ruling Judge: Mike Smith; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.

Victor Lorell Harris, a Minor by and through his Mother and Next Friend, Betty Jean Harris, and Acting Individually v. Willie McCray and the Jefferson County School District; Jefferson Circuit Court; LC Case #: 96-0022; Ruling Date: 04/09/2001; Ruling Judge: Lamar Pickard; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.

Douglas Croke d/b/a Airbase Mobile Home Park v. Southgate Sewer District; Lowndes Chancery Court; LC Case #: 99-0404; Ruling Date: 01/04/2002; Ruling Judge: Dorothy Colom; Majority Opinion: Smith, P.J. Disposition: Affirmed on Direct Appeal and Cross-Appeal. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Diaz and Easley, JJ., not participating.

Gannett River States Publishing Corporation d/b/a The Clarion-Ledger and the City Council of Jackson, Mississippi v. Jackson Advocate and Charles Tisdale; Hinds Circuit Court 1st District; LC Case #: 251-02-60CIV; Ruling Date: 02/20/2002; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.

Freddie Poindexter v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-0184-CR1; Ruling Date: 08/29/2000; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed pro se by appellant is denied. Diaz, J., not participating.

Howard Dean Goodin (Gooden) v. State of Mississippi; Newton Circuit Court; LC Case #: 99CR0002; Ruling Date: 05/19/1999; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., would grant. Diaz, J., not participating.

City of Clinton, Mississippi v. Ernest Smith; Hinds Circuit Court 1st District; LC Case #: 251-99-443; Ruling Date: 08/12/2002; Ruling Judge: Winston Kidd; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.