12/12/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2001-CA-01816-SCT

Larry McPhail v. City of Lumberton, Mississippi; Lamar Circuit Court; LC Case #: 2001-49; Ruling Date: 11/13/2001; Ruling Judge: Michael Eubanks; Majority Opinion: Easley, J.; Disposition: Affirmed as Modified. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Result Only.

Sherman Boyles, Jr. and Faye Boyles v. Schlumberger Technology Corporation ; Jones Circuit Court 2nd District; LC Case #: 93-10-131; Ruling Date: 12/11/1997; Ruling Judge: Billy Landrum; Consolidated with 1999-CA-01629-SCT Sherman Boyles, Jr. and Faye Boyles v. Schlumberger Technology Corporation; Jones Circuit Court 2nd District; LC Case #: 9310131; Ruling Date: 08/30/1999; Ruling Judge: Billy Landrum; Majority Opinion: Waller, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11229 ; Ruling Date: 01/18/1991; Ruling Judge: Lee Howard; Disposition: Motion to Reset Execution Date filed by the State of Mississippi is granted. January 8, 2003, is hereby set as the date for execution of Ronald Chris Foster a/k/a Ron Chris Foster, petitioner, in the manner provided by law. This order shall serve as the warrant of execution of the petitioner. Order entered.

The Mississippi Bar v. Peter Halat, Jr.; ; LC Case #: 98BD415 ; Ruling Date: 03/19/1998; Ruling Judge: ; Disposition: Motion for Reconsideration and for Entry of an Order of Disbarment filed by The Mississippi Bar is granted. Peter Halat, Jr., is hereby disbarred from the practice of law in the State of Mississippi. Carlson, J., for the Court. Order of Disbarment entered.

The Mississippi Bar v. Peter Halat, Jr.; ; LC Case #: 98BD415 ; Ruling Date: 03/19/1998; Ruling Judge: ; Majority Opinion: Carlson, J.; Disposition: Peter Halat, Jr., is hereby disbarred from the practice of law in the State of Mississippi. Peter Halat, Jr., taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Graves, JJ., Concur.

Mississippi Employment Security Commission v. Florence Ann Culbertson, Bonnie Jones, Joanne McMinn, Kay Ann Staples and Alwilda Savell; Hinds Circuit Court 1st District; LC Case #: 251-99-816CIV; Ruling Date: 06/14/2000; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellant is granted. The original opinions are withdrawn and this opinion is substituted therefor.

Mississippi Employment Security Commission v. Florence Ann Culbertson, Bonnie Jones, Joanne McMinn, Kay Ann Staples and Alwilda Savell; Hinds Circuit Court 1st District; LC Case #: 251-99-816CIV; Ruling Date: 06/14/2000; Ruling Judge: Tomie Green; Majority Opinion: McRae, P.J.; Disposition: The motion for rehearing is granted. The original opinions are withdrawn and this opinion is substituted therefor. Affirmed In Part; Reversed and Remanded in Part. Appellant and appellees taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Part and in Result.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: The motion for clarification filed on Puckett's behalf by Terri L. Marroquin and Robert Ryan is granted. The original opinion in this case is withdrawn, and this opinion is substituted therefor. Pittman, C.J., not participating.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Majority Opinion: Smith, P.J.; Disposition: The Motion for Clarification is granted. The original opinion in this case is withdrawn, and this opinion is substituted therefor. Motions Granted. ; Votes: Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion to Follow. Pittman, C.J., not participating.

Eddie Bryant a/k/a E-Dog v. State of Mississippi; Washington Circuit Court; LC Case #: 99-00495; Ruling Date: 06/16/2000; Ruling Judge: W. Hines; 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 Eddie Bryant is extended until January 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 31, 2003. Order entered.

Betty Curry, Administratrix of the Estate of Everett Curry, Deceased, on Behalf of the Estate of Everett Curry and on Behalf of All Wrongful Death Beneficiaries of Everett Curry v. Trent Turner, Dent Turner and Money Pillai d/b/a Mims One Stop; Leflore Circuit Court; LC Case #: 96-0053 CI; Ruling Date: 08/10/2000; Ruling Judge: W. Hines; Majority Opinion: Pittman, C.J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Smith, P.J., Waller, Cobb and Carlson, JJ., Concur. Easley, J., Concurs in Part. McRae, P.J., Dissents with Separate Written Opinion joined by Diaz, J. Diaz, J., Dissents with Separate Written Opinion joined by McRae, P.J., and Graves., J.; Dissenting Opinion: McRae, P.J.; Votes: Diaz, J., Joins This Opinion. ; Dissenting Opinion: Diaz, J.; Votes: McRae, P.J. and Graves, J., Join This Opinion.

Oral Robinson v. State of Mississippi; Monroe Circuit Court; LC Case #: CV-99-232(G)M; Ruling Date: 08/16/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Smith, P.J.; Disposition: Affirmed. Monroe County taxed with costs of appeal.; Votes: Pittman, C.J., Waller, Diaz, Easley and Graves, JJ., Concur. Cobb, J., Concurs in Result Only. Carlson, J., Concurs With Separate Written Opinion, Joined In Part by Cobb, J. McRae, P.J., not participating.; Concurring Opinion: Carlson, J.; Votes: Cobb, J., Joins This Opinion in Part.

James D. Power, Mary Cox Power and Samuel D. Hensley, Jr. v. Leslie Scott, Individually, and as Executrix of the Estate of Ellen Marie Power, Deceased; Hinds Chancery Court 1st District; LC Case #: P-98-688 S/2; Ruling Date: 02/01/2001; Ruling Judge: William Singletary; 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 counsel for Leslie Scott is extended until January 24, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 24, 2003. Order entered.

Gary M. Davis v. Sharon Davis; Rankin Chancery Court; LC Case #: 44712; Ruling Date: 11/30/2000; Ruling Judge: John Grant, III; 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 Part and Dissents in Part Without Separate Written Opinion. Graves, J., not participating.

The Mississippi Bar v. Joe Price Coleman a/k/a J. Price Coleman; Hinds Complaint Tribunal 0th District; LC Case #: 2000-B-1572; Ruling Date: 06/07/2001; Ruling Judge: James Thomas, Jr.; Majority Opinion: McRae, P.J.; Disposition: Joe Price Coleman is Hereby Suspended from Practicing Law in the State of Mississippi for Three (3) Years. Joe Price Coleman taxed with costs of appeal.; Votes: Pittman, C.J., Diaz, Easley and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Cobb, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Smith, P.J. Waller, J., not participating.; Concurring in Part and Dissenting in Part Opinion: Cobb, J.; Votes: Smith, P.J., Joins This Opinion.

Albert Junior Craft v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-00-697; Ruling Date: 06/14/2001; Ruling Judge: Kosta Vlahos; Disposition: The motion for rehearing filed by appellant is denied.

The Money Store, Inc. and HomEq Servicing Corporation f/k/a TMS Mortgage, Inc. v. Johnnie Sellers, Beatrice Sellers and Jerry Corley d/b/a Discount Builders and Discount Home Remodeling and Building, et al.; Rankin Chancery Court; LC Case #: 49586; Ruling Date: 10/17/2001; Ruling Judge: Thomas Zebert; Disposition: Agreed Motion to Dismiss Appeal filed by the parties pursuant to M.R.A.P. 42(b) is granted. This appeal is dismissed upon entry of this order. The parties shall bear their own costs. Smith, P.J., for the Court. Order entered.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Skeletal Petition for Post-Conviction Relief filed by counsel for William Gerald Mitchell is accepted for filing. Any Supplemental Petition for Post-Conviction Relief shall be filed in this Court within thirty (30) days of the date of entry of this order. Motion for Extension of Time in which to file Post-Conviction Relief Pleadings filed by counsel for William Gerald Mitchell is dismissed as moot. Order entered.

William Gerald Mitchell a/k/a William Jerald Mitchell v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 9800195; Ruling Date: 07/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Skeletal Petition for Post-Conviction Relief filed by counsel for William Gerald Mitchell is accepted for filing. Any Supplemental Petition for Post-Conviction Relief shall be filed in this Court within thirty (30) days of the date of entry of this order. Motion for Extension of Time in which to file Post-Conviction Relief Pleadings filed by counsel for William Gerald Mitchell is dismissed as moot. Order entered.

Mississippi Transportation Commission v. WJZD, Inc.; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-98-00640; Ruling Date: 12/30/1899; Ruling Judge: Robin Midcalf; Disposition: Petition for Review of Trial Court's Denial of Motion for Recusal filed by the Mississippi Transportation Commission is granted. This Court orders the recusal of the Honorable Robin Alfred Midcalf. A special trial judge will be appointed by separate order. Emergency Motion for En Banc Reconsideration filed by WJZD, Inc., is denied. To Grant the Petition for Recusal and Deny the Motion for Reconsideration: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Grant the Motion for Reconsideration: McRae, P.J. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

Mississippi Transportation Commission v. WJZD, Inc.; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-98-00640; Ruling Date: 12/30/1899; Ruling Judge: Robin Midcalf; Disposition: Petition for Review of Trial Court's Denial of Motion for Recusal filed by the Mississippi Transportation Commission is granted. This Court orders the recusal of the Honorable Robin Alfred Midcalf. A special trial judge will be appointed by separate order. Emergency Motion for En Banc Reconsideration filed by WJZD, Inc., is denied. To Grant the Petition for Recusal and Deny the Motion for Reconsideration: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Grant the Motion for Reconsideration: McRae, P.J. Not Participating: Diaz, Easley and Graves, JJ. Order entered.