11/13/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2001-KA-01135-SCT

Romika Perkins v. State of Mississippi; Warren Circuit Court; LC Case #: 99,0282 CR-V; Ruling Date: 04/20/2001; Ruling Judge: Frank Vollor; Majority Opinion: Graves, J. Disposition: Count I: Conviction of Armed Robbery with a Deadly Weapon and Sentence of Thirty-Five (35) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Armed Robbery with a Deadly Weapon and Sentence of Thirty-Five (35) Years in the custody of the Mississippi Department of Corrections, Affirmed. Counts III - VIII: Conviction of Kidnapping for each Count, Affirmed. Reversed and Remanded with Instructions to Modify the Sentencing in Counts III - VIII to Thirty (30) Years for each Count and to run consecutively with all other Counts. Count IX: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count X: Conviction of Rape and Sentence of Life Imprisonment, without parole or early release, in the custody of the Mississippi Department of Corrections, Affirmed. All sentences shall run consecutively. Warren County 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.

Rachel L. Moore v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-584(G)L; Ruling Date: 03/06/2002; Ruling Judge: Thomas Gardner, III; 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., Smith, P.J., Waller, Cobb, Easley and Carlson, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Shelby Michael Townsend v. Cathy Rose Woods Townsend (Kinningham); Forrest Chancery Court; LC Case #: 96-0846-GN-TH; Ruling Date: 11/08/2002; Ruling Judge: James Thomas, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ., Concur. Diaz, J., not participating.

Stephanie Tillman, a Minor, by and Through her Legal Guardian, Theresa Migues v. David Singletary and Stacy Powe; Harrison Circuit Court 2nd District; LC Case #: 970008; Ruling Date: 08/17/1998; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Theresa Migues, David Singletary and Stacy Powe taxed with costs of appeal. Votes: Pittman, C.J., Easley and Carlson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined in Part by Waller, J. Cobb, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Smith, P.J., and in Part by Waller, J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Votes: Waller, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Cobb, J. Votes: Smith, P.J., Joins This Opinion. Waller, J., Joins This Opinion in Part.

Missala Marine Services, Inc. v. Jenny Kay Odom; Jackson Circuit Court; LC Case #: CI-96-0375; Ruling Date: 09/19/2000; Ruling Judge: James Backstrom; Disposition: Motion for rehearing filed by appellant is denied. Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., would grant. 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: Petition for writ of certiorari filed by counsel for Maurice Ferguson 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.

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: Petition for writ of certiorari filed by David C. Dunbar is granted. To Grant: Pittman, C.J., McRae, P.J., Waller, Cobb and Carlson, JJ. To Deny: Smith, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Heather Nicole Franklin, 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 Date: 06/05/2001; Ruling Judge: Joe Pigott; Disposition: Motion to Amend and/or Correct Mandate filed by the appellants is granted. Any necessary calculation of interest shall be done in the trial court. The mandate, when issued, will state: "Reversed and Rendered. Appellee, Bill Waller, Sr., shall deposit the sum of $430,000.00 into the registry of the Circuit Court of Rankin County, Mississippi, within ten (10) days of the date of this mandate. Appellants are entitled to interest on that amount at the legal rate. Appellants are also entitled to half of any interest previously calculated. Upon receipt of those funds, the Circuit Clerk of Rankin County shall promptly disburse those funds to Appellants Fred Harrell, Jr. and Paul Snow." Motion to Correct Mandate filed by the appellees is denied. Motion for Stay Pending Ruling on Motion to Correct Mandate filed by the appellees is dismissed as moot. Appellants' Motion to Strike, for Contempt and/or for Sanctions is denied. McRae, P.J., Disagrees with Separate Written Statement. Easley, J., Disagrees. Waller and Diaz, JJ., not participating. Order entered.

Heather Nicole Franklin, 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 Date: 06/05/2001; Ruling Judge: Joe Pigott; Disposition: Motion to Amend and/or Correct Mandate filed by the appellants is granted. Any necessary calculation of interest shall be done in the trial court. The mandate, when issued, will state: "Reversed and Rendered. Appellee, Bill Waller, Sr., shall deposit the sum of $430,000.00 into the registry of the Circuit Court of Rankin County, Mississippi, within ten (10) days of the date of this mandate. Appellants are entitled to interest on that amount at the legal rate. Appellants are also entitled to half of any interest previously calculated. Upon receipt of those funds, the Circuit Clerk of Rankin County shall promptly disburse those funds to Appellants Fred Harrell, Jr. and Paul Snow." Motion to Correct Mandate filed by the appellees is denied. Motion for Stay Pending Ruling on Motion to Correct Mandate filed by the appellees is dismissed as moot. Appellants' Motion to Strike, for Contempt and/or for Sanctions is denied. McRae, P.J., Disagrees with Separate Written Statement. Easley, J., Disagrees. Waller and Diaz, JJ., not participating. Order entered.

Heather Nicole Franklin, 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 Date: 06/05/2001; Ruling Judge: Joe Pigott; Disposition: Motion to Amend and/or Correct Mandate filed by the appellants is granted. Any necessary calculation of interest shall be done in the trial court. The mandate, when issued, will state: "Reversed and Rendered. Appellee, Bill Waller, Sr., shall deposit the sum of $430,000.00 into the registry of the Circuit Court of Rankin County, Mississippi, within ten (10) days of the date of this mandate. Appellants are entitled to interest on that amount at the legal rate. Appellants are also entitled to half of any interest previously calculated. Upon receipt of those funds, the Circuit Clerk of Rankin County shall promptly disburse those funds to Appellants Fred Harrell, Jr. and Paul Snow." Motion to Correct Mandate filed by the appellees is denied. Motion for Stay Pending Ruling on Motion to Correct Mandate filed by the appellees is dismissed as moot. Appellants' Motion to Strike, for Contempt and/or for Sanctions is denied. McRae, P.J., Disagrees with Separate Written Statement. Easley, J., Disagrees. Waller and Diaz, JJ., not participating. Order entered.

Heather Nicole Franklin, 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 Date: 06/05/2001; Ruling Judge: Joe Pigott; Disposition: Appellees' Amended Motion to Correct Mandate is denied. Appellees' Motion for Rehearing is dismissed. McRae, P.J., disagrees. Waller and Diaz, JJ., not participating. Order entered.

Heather Nicole Franklin, 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 Date: 06/05/2001; Ruling Judge: Joe Pigott; Disposition: Appellees' Amended Motion to Correct Mandate is denied. Appellees' Motion for Rehearing is dismissed. McRae, P.J., disagrees. Waller and Diaz, JJ., not participating. Order entered.

Christopher Lee v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-84-K; Ruling Date: 10/10/2001; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by appellant, pro se, is denied. McRae, P.J., would grant. Diaz, J., not participating.

Department of Human Services, State of Mississippi v. Ronald Marshall; Smith Chancery Court; LC Case #: 14,305; Ruling Date: 08/08/2001; Ruling Judge: J. Buffington; Disposition: Motion to Strike filed by the Department of Human Services, State of Mississippi, is denied. Diaz, J., not participating. Order entered.

Department of Human Services, State of Mississippi v. Ronald Marshall; Smith Chancery Court; LC Case #: 14,305; Ruling Date: 08/08/2001; Ruling Judge: J. Buffington; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Department of Human Services and Ronald Marshall taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Regina Powell and Thomas Powell v. Methodist Health Care-Jackson Hospitals; Hinds Circuit Court 1st District; LC Case #: 251-99-1112CIV; Ruling Date: 11/08/2001; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Regina and Thomas Powell is granted. To Grant: Pittman, C.J., McRae, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ. To Deny: Smith, P.J. Not Participating: Diaz, J. Order entered.

Daniel L. Davis v. Mississippi State Department of Health; Hinds Circuit Court 1st District; LC Case #: 251-1-25(CIV); Ruling Date: 11/28/2001; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by the Mississippi State Department of Health is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Carlson, JJ. Diaz and Graves, JJ., not participating. Order entered.

Shirley K. Williams v. Clay County, Mississippi; Clay Circuit Court; LC Case #: 2001-0027; Ruling Date: 01/07/2002; Ruling Judge: John Montgomery; Disposition: Ron L. Woodruff's Motion to Withdraw as Counsel for Appellant is granted. Attorneys Jim Waide and Brent Hazzard previously entered appearances in this matter and remain as attorneys of record for Williams. Diaz, J., not participating. Order entered.

Shirley K. Williams v. Clay County, Mississippi; Clay Circuit Court; LC Case #: 2001-0027; Ruling Date: 01/07/2002; Ruling Judge: John Montgomery; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Easley and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion. Cobb, J., Dissents with Separate Written Opinion Joined by Pittman, C.J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Dissenting Opinion: Cobb, J. Votes: Pittman, C.J., Joins This Opinion.

Bashir Al-Fatah a/k/a Fasaha Al-Fatha v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-122CR1; Ruling Date: 12/06/2001; Ruling Judge: Lee Howard; 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 Bashir Al-Fatah a/k/a Fasaha Al-Fatha is extended until December 5, 2003. A final decision on whether to grant or deny the petition shall be entered on or before December 5, 2003. Order entered.

John Clayton Field v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-98-00615; Ruling Date: 01/11/2002; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by John Clayton Field 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.

Margie Louise Brown, by and through Her Next Friend, Louise Ford v. J.J. Ferguson Sand & Gravel Company; Webster Circuit Court; LC Case #: 98-0050 CV(L); Ruling Date: 05/14/2002; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., and Graves, J., would grant. Diaz and Easley, JJ., not participating.

Ruby Carter, Individually, and on Behalf of the Wrongful Death Heirs and Beneficiaries, and Estate of Stacie Carter, Deceased v. Mississippi Department of Corrections and Fred Childs, in His Official Capacity as Superintendent of the Rankin County, Mississippi Correctional Facility; Rankin Circuit Court; LC Case #: 98-238; Ruling Date: 10/03/2002; Ruling Judge: William Chapman, III; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Cobb and Carlson, JJ., Concur. Pittman, C.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined by Waller, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Waller, J., Joins This Opinion.

Ameristar Casino Vicksburg, Inc. v. Katherine L. Buchanan; Warren Circuit Court; LC Case #: 99-0169CI; Ruling Date: 10/16/2003; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for Ameristar Casino Vicksburg, Inc., is hereby granted. This matter is remanded to the Circuit Court of Warren County, Mississippi, for further proceedings consistent with order of this Court. The petitioner is taxed with all costs of this appeal. McRae, P.J., would deny. Not Participating: Diaz, J. Smith, P.J., for the Court. Order entered.