12/04/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-CA-00205-SCT

Farm Services, Inc. v. Oktibbeha County Board of Supervisors; Oktibbeha Chancery Court; LC Case #: 00-142; Ruling Date: 09/06/2001; Ruling Judge: James Gore; Majority Opinion: Graves, J. Disposition: 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 Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Anne W. Weissinger, Martha W. Weissinger, William T. Wynn, II, and Margaret W. Fortier v. Elliott Vaughan Doss Simpson, Lenore Anne D. Gault and Cynthia Louise Doss Cooper; Washington Chancery Court; LC Case #: 01368; Ruling Date: 05/15/2002; Ruling Judge: Ceola James; Majority Opinion: Smith, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Waller, Cobb, Carlson and Graves, JJ., Concur. Pittman, C.J., Concurs in Part Without Separate Written Opinion. McRae, P.J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

John Coleman Stewart v. Lisa Gail Stewart; Rankin Chancery Court; LC Case #: 48,498; Ruling Date: 01/18/2002; Ruling Judge: John Grant, III; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Waller, Easley, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Part and in the Result Without Separate Written Opinion. Diaz, J., not participating.

The Estate of Johnnie Eloise Hodges Dykes, Deceased: Ginger Dykes Williams, Executrix v. The Estate of Michael A. Williams, Deceased: Kathryn F. Tonguis, Executrix; Amite Chancery Court; LC Case #: 2000-28; Ruling Date: 05/13/2002; Ruling Judge: W. McGehee, II; Majority Opinion: McRae, P.J. Disposition: Affirmed Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Easley, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Part and in the Result Without Separate Written Opinion. Diaz, J., not participating.

Ruby Lorene Bickham, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham v. Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A.; Lauderdale Circuit Court; LC Case #: 93CV153 ; Ruling Date: 09/25/1997; Ruling Judge: Larry Roberts; Disposition: Motion for rehearing filed by appellees is denied. Smith, P.J., Waller, Cobb and Carlson, JJ., would grant. Diaz, J., not participating.

Tammy Winters and David Winters v. Bennie B. Wright, Jr., M.D., Cleveland Clinic, P.A., and Bolivar County Medical Center; Bolivar Circuit Court 2nd District; LC Case #: 95-0069; Ruling Date: 01/30/1999; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellants is denied. Pittman, C.J., McRae, P.J., Easley and Graves, JJ., would grant. Diaz, J., not participating.

Charles Ray Crawford v. State of Mississippi; Tippah Circuit Court; LC Case #: TK93013; Ruling Date: 04/23/1994; Ruling Judge: R. Coleman; Majority Opinion: McRae, P.J. Disposition: Applications for Post Conviction Relief, Denied. Tippah County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. Carlson, J., Concurs in Result Only. Diaz, J., not participating.

Nhut Van Nguyen, as Natural Father and Executor of the Estate of Phung Thi Kim Nguyen, Chau Huynh, Heiu Nguyen, John Nguyen, Thrang Nguyen and Tran Nguyen v. Mississippi Valley Gas Company; Hinds Circuit Court 1st District; LC Case #: 251-96-939CIV; Ruling Date: 06/22/2000; Ruling Judge: L. Hilburn, ; Disposition: Motion for rehearing filed by appellant is denied. Easley, J., would grant. Diaz, J., not participating.

Public Employees' Retirement System v. Marcia F. Howard; Hinds Circuit Court 1st District; LC Case #: 251-99-1151 (CIV); Ruling Date: 08/31/2000; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellee is granted. The original opinion is withdrawn and these opinions are substituted therefor. Reversed and Remanded. Diaz, J., not participating.

Public Employees' Retirement System v. Marcia F. Howard; Hinds Circuit Court 1st District; LC Case #: 251-99-1151 (CIV); Ruling Date: 08/31/2000; Ruling Judge: Tomie Green; Majority Opinion: Cobb, J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn, and these opinions are substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., Concur. Graves, J., Dissents 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.

Mary Ann Adams and John W. Barrett v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 535-00; Ruling Date: 02/12/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari field by counsel for John W. Barrett was granted by this Court on July 17, 2003. After consideration, this Court finds the petition was improvidently granted. The petition for writ of certiorari filed by counsel for John W. Barrett is dismissed as improvidently granted. To Dismiss: Pittman, C.J., McRae and Smith, P.JJ., Waller, Easley, Carlson and Graves, JJ. To Not Dismiss: Cobb, J. Not Participating: Diaz, J. Graves, J., for the Court. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed by Parkerson Lumber, Inc., is denied. Pittman, C.J., would grant. Diaz, J., not participating.

Frederick E. Schuck v. State of Mississippi; George Circuit Court; LC Case #: 97-10,036(3); Ruling Date: 09/17/1998; Ruling Judge: Edwin Hardin; Majority Opinion: Cobb, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. George County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., and Diaz, J., not participating.

Steve A. Wooldridge v. Debra K. Wooldridge; Chickasaw Chancery Court 2nd District; LC Case #: 6545; Ruling Date: 01/23/2001; Ruling Judge: James Gore; 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 Steve A. Wooldridge is extended until January 29, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 29, 2004. Order entered.

Bob G. Willis and Timothy Carey Willis v. State of Mississippi; Forrest Circuit Court; LC Case #: CI-99-0159; Ruling Date: 04/23/2001; Ruling Judge: Richard McKenzie; Disposition: Petition for writ of certiorari filed pro se by Bob G. Willis and Timothy Carey Willis 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.

James Lamar Jones a/k/a James Jones, Jr. a/k/a James L. Jones v. State of Mississippi; Attala Circuit Court; LC Case #: 00-0093A-CR; Ruling Date: 06/13/2001; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by counsel for James Lamar Jones 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.

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

Wendell Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: HC-213; Ruling Date: 06/07/2001; Ruling Judge: Gray Evans; Disposition: Petition for writ of certiorari filed pro se by Wendell Duncan 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.

Christine Lauralene Woodell and Carroll Dean Woodell v. Henry Parker and Barbara Parker; Harrison Chancery Court 2nd District; LC Case #: C2402-99-222; Ruling Date: 09/26/2001; Ruling Judge: Thomas Teel; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: McRae, P.J., Cobb and Easley, JJ., Concur. Carlson, J., Dissents with Separate Written Opinion Joined by Pittman, C.J., Smith, P.J., and Waller, J. Diaz, J., not participating. Dissenting Opinion: Carlson, J. Votes: Pittman, C.J., Smith, P.J., and Waller, J., Join This Opinion.

In Re: The Custody of M.A.G.; Lee Chancery Court; LC Case #: 98-0962; Ruling Date: 09/25/2001; Ruling Judge: Jacqueline Mask; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., and Easley, J., would grant. Diaz, J., not participating.

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: Petition for writ of certiorari filed by Eva Lois Heard, as Personal Representative of the Estate of Gwendolyn Strong is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Carlson, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Susan Renee Lee, General Guardian of Emily Renee Lawson, A Minor and Sole Wrongful Death Beneficiary of Randy Clay Lawson, Deceased v. Sheriff Andrew Thompson, Individually, Sheriff Andrew Thompson, in his Official Capacity as Sheriff of Coahoma County, The Coahoma County Sheriff's Department, Tracy A. Vance, Norman Harris, Jerry Hampton, Sammie Davis, Sabrea L. Broom, Addie Evans, Raechele D. Scott, and Everett L. Langdon, in Both Their Individual and Official Capacities; Coahoma Circuit Court; LC Case #: 14-CI-01-0028; Ruling Date: 12/13/2001; Ruling Judge: Larry Lewis; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.

Edith Bevis, Individually, and as Widow of Eddie Ray Bevis, Deceased, for and on Behalf of all Wrongful Death Beneficiaries v. Linkous Construction Company, Inc. and Westinghouse Electric Corporation, Inc.; Marshall Circuit Court; LC Case #: M93-482; Ruling Date: 08/01/2001; Ruling Judge: R. Coleman; 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 Edith Bevis 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.

David Driggers and Leia Driggers v. Will-Kill Termite and Pest Control, Inc., a Mississippi Corporation, and Steve Graham, Individually; Lauderdale Circuit Court; LC Case #: 01-CV-126(R); Ruling Date: 01/08/2002; Ruling Judge: Larry Roberts; Disposition: Joint Motion to Dismiss Appeal is granted. The appeal of this matter shall be dismissed upon entry of this order. All costs of appeal, if any, are assessed against the appellants. McRae, P.J., would deny. Diaz, J, not participating. Smith, P.J., for the Court. Order entered

Nathaniel L. Edwards, Jr. v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR2001-7-B-T2; Ruling Date: 11/20/2001; Ruling Judge: Andrew Baker; Disposition: Motion to dismiss petition for writ of certiorari filed pro se by Nathaniel L. Edwards, Jr., is granted. The petition for writ of certiorari filed by counsel for Nathaniel L. Edwards, Jr., is dismissed. Diaz, J., not participating. Order entered.

Nathaniel L. Edwards, Jr. v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR2001-7-B-T2; Ruling Date: 11/20/2001; Ruling Judge: Andrew Baker; Disposition: Motion to dismiss petition for writ of certiorari filed pro se by Nathaniel L. Edwards, Jr., is granted. The petition for writ of certiorari filed by counsel for Nathaniel L. Edwards, Jr., is dismissed. Diaz, J., not participating. Order entered.

Charlene Ray v. Ray A. Keith, Lee County, Mississippi, by and through Lee County Board of Supervisors; Lee Circuit Court; LC Case #: 01-035(G)L; Ruling Date: 02/01/2002; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., and Graves, J., would grant. Waller and Diaz, JJ., not participating.

Steven Lamont Crosby a/k/a Steve Salter v. State of Mississippi; Rankin Circuit Court; LC Case #: 13290; Ruling Date: 02/08/2002; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by Steven Lamont Crosby 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: Petition for writ of certiorari filed by Antrina Golden 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.

Lonnie Donnelly v. State of Mississippi; Grenada Circuit Court; LC Case #: 2001-0453-CV-L; Ruling Date: 02/25/2002; Ruling Judge: Joseph Loper, 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 Lonnie Donnelly, pro se, is extended until January 23, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 23, 2004. Order entered.

Barbara Washington Williams v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 4744; Ruling Date: 11/06/1997; Ruling Judge: Lillie Sanders; Disposition: Petition for writ of certiorari filed by Barbara Washington Williams 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.

Lee Madison Palmer, Jr. v. City of Oxford, Mississippi; Lafayette Circuit Court; LC Case #: LK01-270MC; Ruling Date: 04/22/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Easley, J. Disposition: Conviction of First Offense DUI and Sentence of Twenty-Four (24) Hours in the Lafayette County Detention Center and Fine of $1,000.00, Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Henry Punzo v. Jackson County, Mississippi; Jackson Circuit Court; LC Case #: CI-99-0397(3)(2); Ruling Date: 06/29/2002; Ruling Judge: Kathy Jackson; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: McRae, P.J., Waller, Easley, Carlson and Graves, JJ., Concur. Pittman, C.J., Concurs in Result Only. Cobb, J., Dissents With Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Cobb, J.

Yoshino Love v. Sunflower County Sheriff's Department, Ned Holder, in His Official Capacity as Sheriff of Sunflower County, Billy Weeks, in His Official Capacity as Jail Administrator of the Sunflower County Jail, and Harold Keyes, in His Official Capacity with the Sunflower County Jail; Sunflower Circuit Court; LC Case #: 2001-0262-CI; Ruling Date: 09/05/2002; Ruling Judge: Richard Smith; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Easley, JJ., Concur. 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.

William Bridges, By and Through His Conservator, Sharon Bridges, and Sharon Bridges, Individually v. Park Place Entertainment a/k/a Park Place Entertainment, Inc. a/k/a and/or d/b/a The Grand Casino, John Doe and/or Jane Doe; Tunica Circuit Court; LC Case #: 2002-0092; Ruling Date: 12/05/2002; Ruling Judge: Larry Lewis; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. Pittman, C.J., Concurs in Result Only. McRae, P.J., Dissents With Separate Written Opinion. Diaz, J., Not Participating. Dissenting Opinion: McRae, P.J.

The Mississippi Bar v. J. Keith Shelton; Disposition: Motion for rehearing filed by J. Keith Shelton is denied. Diaz, Easley and Graves, JJ., not participating.