Hand Down Lists
October 24, 2002
Easley, Chuck
X
2001-KA-01067-SCT
Brown, Vernon E. a/k/a Hash v. State of Mississippi
Itawamba Circuit Court; LC Case # CR00-023; Ruling: 06/05/2001; Richard Bowen; Majority Opinion: Easley, J. Disposition: Conviction of Uttering a Forgery and Sentence of Fifteen (15) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall not be reduced, suspended or earlier terminated, nor shall the appellant be eligible for earned release or parole at any time. Upon release, the appellant shall pay a fine of $10,000, court costs in the amount of $248 to the Circuit Clerk of Itawamba County, Mississippi, and restitution to John Blumer d/b/a Piggly Wiggly in the amount of $252.45. Sentence in this cause shall run consecutively with sentences in Cause Nos. CR2000-751RD, CR2001-6 and CR2001-07 in DeSoto County Circuit Court. Itawamba County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur.
Easley, Chuck
X
2001-KP-01239-SCT
Craft, Albert Junior v. State of Mississippi
Harrison Circuit Court 1st District; LC Case # B2401-00-697; Ruling: 06/14/2001; Kosta Vlahos; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Aggravated Assault and Sentence of Twenty (20) Years, as a habitual offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Unlawful Possession of Firearm or Weapon by a Felon and Sentence of Three (3) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Each count shall run concurrently for a total of twenty-three (23) years to serve, said sentence being without benefit of parole or probation. Harrison County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur.
EN BANC
1999-CT-01078-SCT
Slay, John P. d/b/a Slay's Processing Plant v. Lester Spell, Jr., Commissioner of the Mississippi Department of Agriculture and Commerce and Mississippi Department of Agriculture and Commerce
Clarke Circuit Court; LC Case # 98-0056; Ruling: 05/14/1999; Robert Bailey; Disposition: By order entered March 14, 2002, this Court granted Mississippi Department of Agriculture and Commerce's petition for writ of certiorari. After consideration, the Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by Mississippi Department of Agriculture and Commerce is dismissed as improvidently granted. To Dismiss: Pittman, C.J., Diaz, Easley and Graves, JJ. Not to Dismiss: Smith, P.J., Waller, Cobb and Carlson, JJ. Not Participating: McRae, P.J.; Diaz, J., for the Court. Order entered.
EN BANC
XX
1999-CA-01284-SCT
Falco Lime, Inc., L & L Aviation, Inc., Larry L. Lambiotte, J. Fred Farrell, Letourneau, Inc., Lawson's Aviation Service, Inc., John G. Peterson d/b/a Vicksburg Engineering & Manufacturing, Nassour Aviation, Inc., J. Michael Nassour, Richard Tucker d/b/a v. The Mayor and Aldermen of the City of Vicksburg
Warren Circuit Court; LC Case # 990102; Ruling: 06/30/1999; Isadore Patrick, Jr.; Consolidated With 1999-CA- 01277-SCT The Mayor and Aldermen of The City of Vicksburg, Robert M. Walker, Individually, Samuel D. Habeeb, Individually and Gertrude A. Young, Individually v. Falco Lime, Inc., L & L Aviation, Inc., Larry L. Lambiotte, J. Fred Farrell, Letourneau, Inc., Lawson's Aviation Service, Inc., John G. Peterson d/b/a Vicksburg Engineering & Manufacturing, Nassour Aviation, Inc., J. Michael Nassour, Richard Tucker d/b/a Avcon, Benny May d/b/a Pilot Services Co., Charles Wayne Brown d/b/a South Delta Aviation, Frank A. May, General Aviation Services of Mississippi, Inc., Cappaert Enterprises, A Limited Partnership, Cappaert Manufactured Housing, Inc., Michael L. Cappaert and Ernest G. Thomas; Warren Circuit Court; LC Case # 980059; Ruling:07/07/1999; Frank Vollor; Majority Opinion: Cobb, J. Disposition: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion joined by Diaz, J. Graves, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion.
EN BANC
1999-CT-02000-SCT
Mason, Annie v. Southern Mortgage Company
Benton Chancery Court; LC Case # 99-0088; Ruling: 11/03/1999; Glenn Alderson; Disposition: The motion for rehearing filed by appellant is denied. Easley, J., would grant.
EN BANC
X
2000-CA-00440-SCT
Mozingo, Sandra and Thomas Mozingo, Individually, and as Parents and Co-Guardians of the Minor Thomas (T.J.) Mozingo, Jr. v. Steven M. Scharf and University Anesthesia Services, PLLC d/b/a University Anesthesia Group
Hinds Circuit Court 1st District; LC Case # 251-98-654CIV; Ruling: 02/11/2000; W. Yerger; Consolidated With 2000-IA-00964-SCT Sandra Mozingo and Thomas Mozingo, Individually, and as Parents and Co-Guardians of the Minor Thomas (T.J.) Mozingo, Jr. v. Steven M. Scharf, M.D., University Anesthesia Services, PLLC d/b/a University Anesthesia Group, and The University of Mississippi Medical Center; Hinds Circuit Court 1st District LC Case # 251-98-654 CIV; Ruling: 02/11/2000; W. Yerger; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., and Easley, J., Dissent Without Separate Written Opinion. Diaz, J., Not Participating.
EN BANC
2000-CT-00443-SCT
Wise, Clara v. The Valley Bank
Bolivar Circuit Court 2nd District; LC Case # 97-0092; Ruling: 02/25/2000; John Hatcher; Disposition: Petition for writ of certiorari filed by Clara Wise is granted. To Grant: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ. To Deny: McRae, P.J., Waller, Diaz, Easley and Graves, JJ. Order entered.
EN BANC
XXX 2000-KA-01034-SCT
White, James V. a/k/a James Vonell White v. State of Mississippi
Hinds Circuit Court 1st District; LC Case # 98-4-222BBD; Ruling: 05/04/2000; Bobby DeLaughter; Majority Opinion: Smith, P.J. Disposition: Conviction of Possession of Marijuana in an amount of more than one (1) ounce with intent to distribute and Sentence of Nine (9) Years, Six ( 6) Years Supervised Probation with Nine (9) years
to serve in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant shall receive credit for time served and shall reimburse Hinds County for attorney fees at the rate of $35 per month to begin 60 days after release. Hinds County taxed with costs of appeal. Votes: Waller, Easley and Carlson, JJ., Concur. Cobb, J., Concurs With Separate Written Opinion. Pittman, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Diaz and Graves, JJ. McRae, P.J., not participating. Concurring Opinion: Cobb, J. Concurring in Part and Dissenting in Part Opinion: Pittman, C.J. Votes: Diaz and Graves, JJ., Join This Opinion.
EN BANC
2000-CT-01232-SCT
Davis, Edward A., Deceased: In the Matter of the Estate of, Diana B. Davis v. Sidney D. Davis, Jr., Phillip Davis, Deborah Ammann, Jean Cockrell, Marty Steinberger, Nell Mathis, Lisa McDaniels, and Estate of Sidney D. Davis, Sr., Deceased, Deborah Ammann, Executrix
Simpson Chancery Court; LC Case # 95-0479; Ruling: 06/28/2000; J. Buffington; 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 Diana B. Davis is extended until December 5, 2002. A final decision on whether to grant or deny the petition shall be entered on or before December 5, 2002. Order entered.
EN BANC
2000-CT-01338-SCT
Carr, Luther Edward a/k/a Sonny Hubbard v. State of Mississippi
Lauderdale Circuit Court; LC Case # 653-99; Ruling: 06/30/2000; Larry Roberts; 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 Luther Edward Carr a/k/a Sonny Hubbard is extended until December 6, 2002. A final decision on whether to grant or deny the petition shall be entered on or before December 6, 2002. Order entered.
EN BANC
2000-CA-01474-SCT
Richton Bank & Trust Company v. Elizabeth O. Bowen and Evelyn B. Bowen
Perry Chancery Court; LC Case # 99-0224-D; Ruling: 07/17/2000; Sebe Dale, Jr.; Disposition: Motion for Statutory Penalties, Interest and Costs on Judgment and Motion to Amend or Correct the Mandate filed by Elizabeth O. Bowen and Evelyn B. Bowen are granted. The appellants are awarded penalties as provided for in Miss. Code Ann., Section 11-3-23. The mandate in this case is hereby amended to read as follows, "The judgment of the Chancery Court of Perry County is affirmed. The appellants are awarded statutory penalties as provided by Miss. Code Ann., Section 11-3-23 together with interest and costs as allowed by law." Easley, J., would not grant. Order entered.
EN BANC
XX
2000-CT-01779-SCT
Hinders, Thelma M., Joyce H. Stamps and Joan H. Reinhard v. Joyce Lynne Hinders
Madison Chancery Court; LC Case # 99-650; Ruling: 09/22/2000; Gail Shaw-Pierson; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. Thelma M. Hinders, Joyce H. Stamps and Joan H. Reinhard taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz and Graves, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion Joined by Easley, J. Smith, P.J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.
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: Petition for writ of certiorari filed by Terry Fleming is denied. To Deny: All Justices. Order entered.
EN BANC
2001-CT-00037-SCT
Wal-Mart Stores, Inc. v. Bernice Littleton
Washington Circuit Court; LC Case # CI 96-0067; Ruling: 04/06/2000; W. Hines; Disposition: Petition for writ of certiorari filed by Bernice Littleton is granted. To Grant: McRae, P.J., Diaz, Easley and Graves, JJ. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. Order entered.
EN BANC
2001-CT-00280-SCT
Thomas, David v. State of Mississippi
Hinds Circuit Court 2nd District; LC Case # V4839; Ruling: 04/09/2001; Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by David Thomas is denied. To Deny: All Justices. Order entered.
EN BANC
2001-CA-00384-SCT
Lane, Christine and Cordelia Griffin, Wrongful Death Beneficiaries of Willie Lawrence Muse, Deceased v. R. J. Reynolds Tobacco Company; Phillip Morris Incorporated; Corr-Williams Company, Inc., successor by merger to Corr-Williams Tobacco Company, and C. W. C. Acquisition Company; Hattiesburg Grocery Company; and Brown & Williamson Tobacco Corporation
Forrest Circuit Court; LC Case # CI-98-0272; Ruling: 12/18/2000; Richard McKenzie; Consolidated With 2001-CA-01032-SCT Christine Lane and Cordelia Griffin, Wrongful Death Beneficiaries of Willie Lawrence Muse, Deceased v. Liggett Group, Inc., Liggett & Myers, Inc., and Brooke Group Ltd.; Forrest Circuit Court; LC Case # CI- 00-0239; Ruling: 05/29/2001; Richard McKenzie; Disposition: Motion for En Banc Consideration of Motion for Recusal of Justice C. R. McRae is granted, that Justice McRae shall not participate in these cases, and that this order shall be substituted in the place of the order previously issued by Justice McRae. Easley and Graves, JJ., would deny. Diaz, J., not participating. Order entered.
EN BANC
2001-CA-01285
Owens Corning v. R. J. Reynolds Tobacco Company, British American Tobacco Company Limited, Brown & Williamson Tobacco Corporation, Philip Morris Incorporated, Phillip Morris Companies, Inc., Liggett Group, Inc., Liggett & Myers, Inc., Lorillard Tobacco Company, Batus, In
Jefferson Circuit Court; LC Case # 96-0065; Ruling: 07/17/2001; Lamar Pickard; Disposition: Motion for Recusal of Justice C. R. McRae is granted, that Justice McRae shall not participate in this case, and that this order shall be substituted in the place of the order previously issued by Justice McRae. Easley and Graves, JJ., would deny. Diaz, J., not participating. Order entered.
EN BANC
2002-CA-00498
Stephens, Milton, Helen S. Stephens and Henry E. Palmer v. The Equitable Life Assurance Society of the United States and George C. Bell
Sunflower Circuit Court; LC Case # 2001-0561-Cl; Ruling: 03/05/2002; Richard Smith; Disposition: Rule 2(C) Request for En Banc Consideration of Order Denying Motion for Recusal of Justice C. R. McRae is granted, that Justice McRae shall not participate in this case, and that this order shall be substituted in the place of the order previously issued by Justice McRae. Easley and Graves, JJ., would deny. Diaz, J., not participating. Order entered.
EN BANC
2002-IA-00513
The Equitable Life Assurance Society of the United States v. Mary T. Irving
Jefferson Circuit Court; LC Case # CV-2000-0103; Ruling: 03/04/2002; William Coleman; Disposition: Motion for Recusal of Justice C. R. McRae from Consideration of an Action in Which his Son-in-Law is the Lead Attorney for Plaintiff and which is Substantially Related to Other Pending Actions in Which his Daughter and Son-in-Law have an Interest is granted, that Justice McRae shall not participate in this case, and that this order shall be substituted in the place of the order previously issued by Justice McRae. Easley and Graves, JJ., would deny. Diaz, J., not participating. Order entered.