11/20/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-KA-00779-SCT

DeWayne A. Fairley v. State of Mississippi; Rankin Circuit Court; LC Case #: 13121; Ruling Date: 03/27/2002; Ruling Judge: Samac Richardson; 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, Easley and Carlson, JJ., Concur. Cobb, J., Concurs in Result Only. Diaz, J., not participating.

In the Matter of the Enlargement and Extension of The Municipal Boundaries of the City of Southaven, Mississippi: City of Horn Lake v. City of Southaven, Mississippi; DeSoto Chancery Court; LC Case #: 01-7-1056 L; Ruling Date: 03/27/2002; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Cobb, J., Dissents Without Separate Written Opinion. Pittman, C.J., and Diaz, J., not participating.

HeartSouth, PLLC f/k/a HubSouth Cardiology v. Timothy Boyd, M.D.; Lamar Chancery Court; LC Case #: 2002-0157-GN-D; Ruling Date: 07/30/2002; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, Easley, Carlson and Graves, JJ., Concur. Pittman, C.J., and Cobb, J., Concur in Result Only. Diaz, J., not participating.

Julie Ann Gray Johnson v. Michael E. Gray; Madison Chancery Court; LC Case #: 99-459; Ruling Date: 07/03/2002; Ruling Judge: William Lutz; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. Pittman, C.J., and Carlson, J., Concur in Result Only. Diaz, J., not participating.

Liberty Mutual Insurance Company v. James McKneely; Warren Circuit Court; LC Case #: 96-0152; Ruling Date: 08/31/1999; Ruling Judge: Frank Vollor; Disposition: Appellee's Motion to Expedite Appeal is dismissed as moot. Diaz, J., not participating. Order entered.

Liberty Mutual Insurance Company v. James McKneely; Warren Circuit Court; LC Case #: 96-0152; Ruling Date: 08/31/1999; Ruling Judge: Frank Vollor; Majority Opinion: Pittman, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined by Easley, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion to Strike filed by Jeffery and Sheree Bryant is granted. Motion to Dismiss Writ as Improvidently Granted filed by Jeffery and Sheree Bryant is denied. Diaz, J., not participating. Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion to Strike filed by Jeffery and Sheree Bryant is granted. Motion to Dismiss Writ as Improvidently Granted filed by Jeffery and Sheree Bryant is denied. Diaz, J., not participating. Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Waller, J. Disposition: Affirmed. Ray Skates taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.

Johnny Smith v. Robert Johnson, Commissioner of the Mississippi Department of Corrections; Hinds Circuit Court 1st District; LC Case #: 251-00-1194; Ruling Date: 01/05/2001; Ruling Judge: James Graves, 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 Johnny Smith is extended until December 19, 2003. A final decision on whether to grant or deny the petition shall be entered on or before December 19, 2003. Order entered.

Crane Co. d/b/a Crane Defense Systems v. Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased; Jackson Circuit Court; LC Case #: 99-0166(3); Ruling Date: 02/21/2001; Ruling Judge: Dale Harkey; Disposition: Motion for rehearing filed by appellee is denied. The original opinion is withdrawn, and this opinion is substituted therefor. McRae, P.J., would grant. Diaz, J., not participating.

Crane Co. d/b/a Crane Defense Systems v. Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased; Jackson Circuit Court; LC Case #: 99-0166(3); Ruling Date: 02/21/2001; Ruling Judge: Dale Harkey; Majority Opinion: Easley, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Appellee 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 Without Separate Written Opinion. Diaz, J., not participating.

Roger L. Hentz v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: 2000-0272-C-P2; Ruling Date: 07/27/2001; Ruling Judge: George Carlson, Jr.; Disposition: Petition for writ of certiorari filed by Roger L. Hentz is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Graves, JJ. Not Participating: Diaz and Carlson, JJ. Order entered.

Vivian Rasberry and Eric Scott Pope v. Blue Cross & Blue Shield of Mississippi; Attala Circuit Court; LC Case #: CV00-0139-CV-L; Ruling Date: 05/29/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: This matter is before the Court en banc on its own motion. By order entered April 17, 2003, this Court granted the Appellants' Petition for Writ of Certiorari. The Court now finds that the petition for writ of certiorari was improvidently granted and should be dismissed. See M.R.A.P. 17(f). Appellants' Petition for Writ of Certiorari is therefore dismissed as improvidently granted: To Dismiss as Improvidently Granted: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. Dissenting from Dismissal: McRae, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Waller, J., for the Court. Order entered.

Robert Lee DeLoach v. State of Mississippi; Lowndes Circuit Court; LC Case #: 96-574-CRl; Ruling Date: 05/20/1997; 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 decision on the petition for writ of certiorari filed by Robert Lee DeLoach is extended until December 18, 2003. A final decision on whether to grant or deny the petition shall be entered on or before December 18, 2003. Order entered.

Eva Lois Heard, Personal Representative of the Estate of Gwendolyn Strong, Deceased v. Intervest Corporation; Clay Circuit Court; LC Case #: 99-0062; Ruling Date: 11/27/2001; 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 Eva Lois Heard 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.

Desmond Earl Phillips v. State of Mississippi; Lafayette Circuit Court; LC Case #: L99-133; Ruling Date: 07/17/2001; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Desmond Earl Phillips 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.

Janssen Pharmaceutica, Inc., A Division of Johnson & Johnson, and Lumbermens Mutual Casualty Company v. Edward A. Stuart; Rankin Circuit Court; LC Case #: 2001-242; Ruling Date: 01/22/2002; Ruling Judge: William Chapman, III; 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 Edward A. Stuart is extended until December 18, 2003. A final decision on whether to grant or deny the petition shall be entered on or before December 18, 2003. Order entered.

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: Petition for writ of certiorari filed by Bashir Al-Fatah a/k/a Fasaha Al-Fatah 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.

Antrina Golden a/k/a Trina v. State of Mississippi; Washington Circuit Court; LC Case #: 2001-206; Ruling Date: 02/15/2002; Ruling Judge: Richard Smith; 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 Antrina Golden 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.

Hugh Wilton McGowen, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,251(2); Ruling Date: 01/22/2002; Ruling Judge: Kathy Jackson; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Sheila Joseph, Issac Joseph and Donna Thomas v. The City of Moss Point, a Body Politic; and Garlon P. Cole, in His Representative Capacity; Jackson Circuit Court; LC Case #: CI-99-0381(2); Ruling Date: 05/09/2002; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by counsel for Sheila Joseph, Isaac Joseph and Donna Thomas 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.

Terry C. McCline v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2000-0223; Ruling Date: 10/03/2001; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Terry C. McCline 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.

General American Life Insurance Company v. Harlena Jones, Ronald Holifield, Charles Blakeney, Steve McCraw, Danny Hankins, et al.; Jasper Circuit Court 1st District; LC Case #: 10-0115; Ruling Date: 06/14/2002; Ruling Judge: Robert Evans; Disposition: Joint Motion to Dismiss Interlocutory Appeal filed by the appellant and appellees is granted. This appeal shall be dismissed upon entry of this order in accordance with the following terms: "The claims of the plaintiffs in this case who have not yet gone to trial are improperly joined and are by this order permanently severed into individual actions. As a result of such severance, venue as to those plaintiffs' claims is improper in Jasper County; accordingly, the severed claims are hereby remanded to the Circuit Court of Jasper County where that court is hereby directed to enter an order in each severed action transferring that action to the circuit court of the county in which the plaintiff resides. The cases are to be tried separately, and may be joined for trial purposes only to the extent the case involves spouses or their children, unless all parties mutually agree otherwise in the future. All costs are taxed against the appellees." Motion to Expedite Entry of Agreed Order filed by appellant and appellees is denied. Diaz, J., not participating. Smith, P.J., for the Court. Order entered.

General American Life Insurance Company v. Harlena Jones, Ronald Holifield, Charles Blakeney, Steve McCraw, Danny Hankins, et al.; Jasper Circuit Court 1st District; LC Case #: 10-0115; Ruling Date: 06/14/2002; Ruling Judge: Robert Evans; Disposition: Joint Motion to Dismiss Interlocutory Appeal filed by the appellant and appellees is granted. This appeal shall be dismissed upon entry of this order in accordance with the following terms: "The claims of the plaintiffs in this case who have not yet gone to trial are improperly joined and are by this order permanently severed into individual actions. As a result of such severance, venue as to those plaintiffs' claims is improper in Jasper County; accordingly, the severed claims are hereby remanded to the Circuit Court of Jasper County where that court is hereby directed to enter an order in each severed action transferring that action to the circuit court of the county in which the plaintiff resides. The cases are to be tried separately, and may be joined for trial purposes only to the extent the case involves spouses or their children, unless all parties mutually agree otherwise in the future. All costs are taxed against the appellees." Motion to Expedite Entry of Agreed Order filed by appellant and appellees is denied. Diaz, J., not participating. Smith, P.J., for the Court. Order entered.

Jarvious Cotton, Anthony Miller, Samuel Pitchford, Howard Jennings, Carl David Grubb, Plez Curry, William Rankin, Johnny Hemphill, Glenn Perry McWilliams and James Glascow v. Mississippi Parole Board, Donald B. Pope, Kareem West, Morris Scott, Marilyn Starks and Patricia Miller; Sunflower Circuit Court; LC Case #: 2001-0544CI(S)(S); Ruling Date: 06/10/2002; Ruling Judge: Richard Smith; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, P.J., and Waller, J., Concur. Carlson, J., Concurs in Part and in Result Without Separate Written Opinion. Graves, J., Concurs in Result Only. Cobb, J., Concurs in Part and in Result with Separate Written Opinion Joined by Pittman, C.J., and Carlson, J. Diaz and Easley, JJ., not participating. Concurring in Part and in the Result Opinion: Cobb, J. Votes: Pittman, C.J., and Carlson, J., Join This Opinion.

Mississippi Baptist Medical Center and The Virginia Insurance Reciprocal v. Dependents of Frank E. Mullett; Hinds Circuit Court 1st District; LC Case #: 251-01-1128 CIV; Ruling Date: 06/03/2002; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Mississippi Baptist Medical Center and The Virginia Insurance Reciprocal is denied. To Deny: Pittman, C.J., McRae, P.J., Waller, Easley and Graves, JJ. To Grant: Smith, P.J., Cobb and Carlson, JJ. Not Participating: Diaz, J. Order entered.

Luke Woodham v. State of Mississippi; Rankin Circuit Court; LC Case #: 8696; Ruling Date: 06/05/1998; Ruling Judge: Samac Richardson; Disposition: Motion for Rehearing of Post-Conviction Relief filed by Luke Woodham is granted. Application for Leave to Proceed in the Trial Court filed by Luke Woodham is denied. Diaz, J., not participating. Order entered.

Luke Woodham v. State of Mississippi; Rankin Circuit Court; LC Case #: 8696; Ruling Date: 06/05/1998; Ruling Judge: Samac Richardson; Disposition: Motion for Rehearing of Post-Conviction Relief filed by Luke Woodham is granted. Application for Leave to Proceed in the Trial Court filed by Luke Woodham is denied. Diaz, J., not participating. Order entered.

Toni Dae Anderson Christian v. David Anthony Wheat; Forrest Chancery Court; LC Case #: 02-0160-GNJ-D; Ruling Date: 01/10/2003; Ruling Judge: Sebe Dale, Jr.; Disposition: Motion to Suspend Rules and for Reconsideration of Motion for Stay Pending Appeal filed by counsel for Toni Dae Anderson Christian is denied. Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., would grant. Diaz, J., not participating. Order entered.

Gregory Scott Williamson v. State of Mississippi; Wayne Circuit Court; LC Case #: 03-42-K; Ruling Judge: Robert Bailey; Disposition: The trial of this matter in the Circuit Court of Wayne County, Cause No. 03-42-K is stayed pending disposition of the petition for interlocutory appeal filed by counsel for Gregory Scott Williamson. Easley, J., would deny. Diaz, J., not participating. Order entered.