Mississippi Supreme Court

Hand Down Lists
October 31, 2002

10/31/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X 2001-CA-01538-SCT

Mississippi Department of Human Services v. Jackie J. Guidry, Sr. Pearl River Chancery Court; LC Case #14,899-GN-D; Ruling: 05/11/2001; Sebe Dale, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Graves, JJ., Concur. Easley, J., Concurs in Result Only.


Diaz, Oliver E.
2000-CC-01906-SCT

McCon, Sarah F. v. Mississippi Department of Human Services Hinds Circuit Court 1st District; LC Case #251-99-612CIV; Ruling: 09/20/2000; W. Yerger; Majority Opinion: Diaz, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur.


Diaz, Oliver E.
X 2001-CA-01218-SCT

Franklin, Heather Nicole, Fred M. Harrell, Jr. and Paul Snow v. Jonathan Paul Franklin, a Minor, By and Through His Natural Mother, Cathy Phillips, and Bill Waller, Sr. Rankin Circuit Court; LC Case #99-122 & 99-127; Ruling: 06/05/2001; Joe Pigott; Majority Opinion: Diaz, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Easley, Carlson and Graves, JJ., Concur. Waller, J., not participating.


McRae, Chuck
X 2001-CC-01269-SCT

Public Employees' Retirement System v. Steven T. Ross Hinds Circuit Court 1st District; LC Case #251-00-0489; Ruling: 07/20/2001; James Graves, Jr.; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley and Carlson, JJ., Concur. Cobb, J., Concurs in Result Only. Graves, J., not participating.


EN BANC
97-CA-01447-SCT

Coho Resources, Inc. and Gary Cockrell v. Luther McCarthy, Administrator of the Estate of Kelvin Dale McCarthy, Deceased; and Bobby Stroo and Wife, Patti Stroo Jasper Circuit Court 1st District; LC Case #960006; Ruling: 10/14/1997; Robert Evans; Disposition: Motion for rehearing filed by Bobby and Patty Stroo is denied. McRae, P.J., Diaz, Easley and Graves, JJ., would grant.


EN BANC
97-CA-01447-SCT

Coho Resources, Inc. and Gary Cockrell v. Luther McCarthy, Administrator of the Estate of Kelvin Dale McCarthy, Deceased; and Bobby Stroo and Wife, Patti Stroo Jasper Circuit Court 1st District; LC Case # 960006; Ruling: 10/14/1997; Robert Evans; Disposition: Motion for rehearing filed by Coho Resources, Inc. and Gary Cockrell, is denied. Diaz and Easley, JJ., would grant.


EN BANC
97-CA-01447-SCT

Coho Resources, Inc. and Gary Cockrell v. Luther McCarthy, Administrator of the Estate of Kelvin Dale McCarthy, Deceased; and Bobby Stroo and Wife, Patti Stroo Jasper Circuit Court 1st District; LC Case #960006; Ruling: 10/14/1997; Robert Evans; Disposition: Motion to Assess Statutory Post Judgment Interest on Remitted Amount of Judgment Entered in Conformity with Settlement Agreement filed by Luther McCarthy and joined in by Bobby Stroo and Patty Stroo is hereby granted in that post judgment interest should be awarded. The matter is remanded to the Jasper County Circuit Court for determination of the amount of the award consistent with this order. Motion to Stay filed by Coho Resources, Inc., and Gary Cockrell is dismissed as moot. Order entered.


EN BANC
97-CA-01447-SCT

Coho Resources, Inc. and Gary Cockrell v. Luther McCarthy, Administrator of the Estate of Kelvin Dale McCarthy, Deceased; and Bobby Stroo and Wife, Patti Stroo Jasper Circuit Court 1st District; LC Case # 960006; Ruling: 10/14/1997; Robert Evans; Disposition: Motion to Assess Statutory Post Judgment Interest on Remitted Amount of Judgment Entered in Conformity with Settlement Agreement filed by Luther McCarthy and joined in by Bobby Stroo and Patty Stroo is hereby granted in that post judgment interest should be awarded. The matter is remanded to the Jasper County Circuit Court for determination of the amount of the award consistent with this order. Motion to Stay filed by Coho Resources, Inc., and Gary Cockrell is dismissed as moot. Order entered.


EN BANC
XX 1999-CA-00024-SCT

Newell (Roderick), Kay L. v. Southern Jitney Jungle Company d/b/a Sack and Save Lamar Circuit Court; LC Case # 980126; Ruling: 12/17/1998; R. Prichard, III; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Easley and Carlson, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion, Joined by Diaz and Graves, JJ. Dissenting Opinion: McRae, P.J. Votes: Diaz and Graves, JJ., Join This Opinion.


EN BANC
1999-KA-00031-SCT

Swinney, Vickie v. State of Mississippi Alcorn Circuit Court; LC Case # CR97204G; Ruling: 11/20/1998; Thomas Gardner, III; Disposition: Appellant's motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Pittman, C.J., and Graves, J., would deny.


EN BANC
1999-KA-00031-SCT

Swinney, Vickie v. State of Mississippi Alcorn Circuit Court; LC Case #CR97204G; Ruling: 11/20/1998; Thomas Gardner, III; Disposition: Appellee's motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Pittman, C.J., and Graves, J., would deny.


EN BANC
XX 1999-KA-00031-SCT

Swinney, Vickie v. State of Mississippi Alcorn Circuit Court; LC Case #CR97204G; Ruling: 11/20/1998; Thomas Gardner, III; Majority Opinion: Smith, P.J. Disposition: The motions for rehearing are granted. The original opinions are withdrawn, and these opinions are substituted therefor. Count I: Conviction of capital murder and sentence of life imprisonment without eligibility of parole in the custody of the Mississippi Department of Corrections in accord with Miss. Code Ann., Sections 99-19-101 and 97-3- 19, 1972, Annotated, affirmed. Count II: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, affirmed. Said sentences are to run consecutively with each other. Alcorn County taxed with costs of appeal. Votes: Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur. McRae, P.J., Concurs in Result Only. Pittman, C.J., Dissents With Separate Written Opinion, Joined by Graves, J. Dissenting Opinion: Pittman, C.J. Votes: Graves, J., Joins This Opinion.


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: On the Court's own motion, this Court's previous order is corrected to reflect that Valley Bank filed the petition for writ of certiorari. The remainder of the previous order shall stand unchanged regarding the petition for writ of certiorari being granted. Corrected Order entered.


EN BANC
2000-KA-00786-SCT

Kolberg, Bryan a/k/a Bryan Joseph Kolberg v. State of Mississippi Hinds Circuit Court 1st District; LC Case #E-0109; Ruling: 03/12/2000; L. Hilburn; Disposition: Motion for rehearing filed by appellant is denied. Pittman, C.J., would grant. Graves, J., not participating.


EN BANC
2000-CT-00835-SCT

Skates, Ray v. Jeffery Bryant and Sheree Bryant Adams Chancery Court; LC Case #97-609; Ruling: 02/11/2000; Percy Lynchard, Jr.; 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 Ray Skates 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-00989-SCT

Nichols, Timothy and Lynwood Slaydon v. State of Mississippi Pearl River Circuit Court; LC Case # 99-K-701E; Ruling: 05/26/2000; Michael Eubanks; Disposition: Petition for writ of certiorari filed by Lynwood Slaydon is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-00989-SCT

Nichols, Timothy and Lynwood Slaydon v. State of Mississippi Pearl River Circuit Court; LC Case # 99-K-701E; Ruling: 05/26/2000; Michael Eubanks; Disposition: Petition for writ of certiorari filed by Timothy Nichols is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01145-SCT

Clay, Louis J. Jr. a/k/a Louis Clay a/k/a Spoola Boo v. State of Mississippi Wilkinson Circuit Court; LC Case # 4735; Ruling: 06/14/2000; Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Louis J. Clay, Jr., is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01986-SCT

Graves, Jerry D. a/k/a Jerry Donnell Graves v. State of Mississippi Hinds Circuit Court 1st District; LC Case # 251-00-461; Ruling: 11/09/2000; W. Yerger; Disposition: Petition for writ of certiorari filed by Jerry D. Graves is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: McRae, P.J., and Easley, J. Order entered.


EN BANC
2001-CT-00049-SCT

Foamex Products, Inc. and The Insurance Company of the State of Pennsylvania v. Sandra Simons Lee Circuit Court; LC Case #CV00-156(R)L; Ruling: 12/08/2000; Frank Russell; Disposition: Petition for writ of certiorari filed by Foamex Products, Inc., and The Insurance Company of the State of Pennsylvania is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.