11/10/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2003-KA-00876-SCT

Oscar Lee Glasper v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5477; Ruling Date: 06/27/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Carlson, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Life Imprisonment, Without Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Rape and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Burglary of a Dwelling House and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of Kidnapping and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences in Each Count Shall Run Consecutively. Humphreys County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

Tyrone McIntosh v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR2003-28-LT2; Ruling Date: 10/08/2004; Ruling Judge: Ann Lamar; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Life Imprisonment Without the Possibility of Parole, Good Time or Early Release in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. The sentence in Count II shall run consecutively to that imposed in Count I and both shall run consecutively to any and all sentences previously imposed, particularly the sentence the appellant is presently serving for first degree arson. Tallahatchie County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

City of Jackson v. Frederick Powell; Hinds Circuit Court 1st District; LC Case #: 251-97-1531 CIV; Ruling Date: 02/04/2003; Ruling Judge: Winston Kidd; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Carlson and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Dickinson, J., Concurs with Separate Written Opinion Joined by Smith, C.J., Carlson and Randolph, JJ. Easley, J., Concurs in Result with Separate Written Opinion. Waller, P.J., Diaz and Graves, JJ., not participating. Concurring Opinion: Dickinson, J. Votes: Smith, C.J., Carlson and Randolph, JJ., Join This Opinion. Concur in result only Opinion: Easley, J.

Samuel Rice v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2001-312; Ruling Date: 01/22/2004; Ruling Judge: Kosta Vlahos; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Count I: Conviction of Possession of a Controlled Substance and Sentence of Four (4) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Possession of a Controlled Substance with Intent to Distribute and Sentence of Thirty (30) Years, as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Possession of a Controlled Substance with Intent to Distribute and Sentence of Thirty (30) Years, as an Habitual Offender, in the Custody of the Mississippi Department of Corrections, and Payment of a Fine of $10,000.00, Affirmed. All sentences shall run concurrently with one another for a total of thirty (30) years in the custody of the Mississippi Department of Corrections. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Gregory Don Rustin v. Martha L. Rustin; Jones Chancery Court 2nd District; LC Case #: 2002-0303; Ruling Date: 02/09/2004; Ruling Judge: Jerry Mason; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Terun Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-074; Ruling Date: 05/30/2002; Ruling Judge: L. Hilburn, ; Disposition: Petition for Writ of Certiorari filed by counsel for Terun Moore 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.

Christopher Jerome Davis v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,392(2); Ruling Date: 01/16/2003; Ruling Judge: Dale Harkey; Disposition: Petition for Writ of Certiorari filed by Christopher Jerome Davis 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.

Progressive Casualty Insurance Company and Progressive Gulf Insurance Company v. All Care, Inc. d/b/a Jackson Physical Medicine & Rehabilitation; Hinds Circuit Court 1st District; LC Case #: 251-97-1316CIV; Ruling Date: 02/18/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Writ of Certiorari filed by counsel for Progressive Gulf Insurance Company and Progressive Casualty Insurance Company is denied. To Deny: Smith, C. J., Easley, Carlson, Graves and Dickinson, JJ. To Grant: Waller and Cobb, P.JJ., and Randolph, J. Not Participating: Diaz, J. Order entered.

Terry Moran and Mark Seymour, Sr. v. James L. Fairley, Jr.; Harrison Circuit Court 1st District; LC Case #: A2401-2000-197; Ruling Date: 04/23/2003; Ruling Judge: Marcus Gordon; Disposition: Petition for Writ of Certiorari filed by James L. Fairley, Jr., is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ. To Deny: Randolph, J. Not Participating: Diaz and Dickinson, JJ. Order entered.

Phyllis Victoria Busby Fitzgerald v. Michael Lane Fitzgerald; DeSoto Chancery Court; LC Case #: 02-03-361-(M); Ruling Date: 07/15/2003; Ruling Judge: Melvin McClure, Jr.; Disposition: Petition for Writ of Certiorari filed by Phyllis Fitzgerald is denied. Petition for Writ of Certiorari filed by Michael Fitzgerald is denied. To Deny Both Petitions: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

McNair Smith, Jr. v. Brookhaven, Mississippi, Police Department; City of Brookhaven, Mississippi; Officer Tecumseh Warren; and Patrick Hardy; Lincoln Circuit Court; LC Case #: 2002-151; Ruling Date: 08/27/2003; Ruling Judge: Mike Smith; Disposition: Petition for Writ of Certiorari filed by McNair Smith, Jr., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Joe Broome v. Mississippi Employment Security Commission and Mississippi College; Hinds Circuit Court 2nd District; LC Case #: 2003-21; Ruling Date: 02/06/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by counsel for Mississippi College is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

St. Dominic-Jackson Memorial Hospital v. Mississippi State Department of Health and River Oaks Hospital, Inc.; Hinds Chancery Court 1st District; LC Case #: G-2004-257 S/2; Ruling Date: 05/28/2004; Ruling Judge: Stuart Robinson; Consolidated with 2004-SA-01239-SCT St. Dominic-Jackson Memorial Hospital v. Mississippi State Department of Health and River Oaks Hospital, Inc.; Hinds Chancery Court 1st District; LC Case #: G-2004-256; Ruling Date: 05/27/2004; Ruling Judge: Patricia Wise; Disposition: Motion to Amend Mandate and/or for Entry of an Order on Assessment of Attorney's Fees and Expenses filed by counsel for Mississippi State Department of Health and River Oaks Hospital, Inc., is dismissed without prejudice. Diaz, J., not participating. Order entered.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: On the Court's own motion, the continuing education requirements for Supreme Court Justices, Court of Appeals Judges, Chancery, Circuit, and County Court Judges, and for official court reporters are waived and suspended for the year 2005. The Clerk of this Court shall spread this order on the minutes of this Court and shall forward a true certified copy to the Mississippi Judicial College. Diaz, J., not participating. Administrative Order entered.