12/18/2003 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  98-DR-00708-SCT

Henry Curtis Jackson, Jr. v. State of Mississippi; Leflore Circuit Court; LC Case #: 21817 ; Ruling Date: 09/14/1991; Ruling Judge: Gray Evans; Disposition: Motion for rehearing filed by appellant is denied. McRae, P. J., would grant. Diaz, J., not participating.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Majority Opinion: Carlson, J. Disposition: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb and Easley, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion Joined in Part by Graves, J. Pittman, C.J., and Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Graves, J., Joins This Opinion in Part.

Jerry Monroe a/k/a Gerry Monroe v. State of Mississippi; Amite Circuit Court; LC Case #: 2479-J; Ruling Date: 06/15/2001; Ruling Judge: Forrest Johnson, 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 Jerry Monroe, pro se, is extended until January 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 30, 2004. Order entered.

Marlon Latodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-82; Ruling Date: 03/30/2001; Ruling Judge: R. Coleman; Disposition: Motion for rehearing filed by appellant is denied McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.

Rebecca L. Jackson and Gary Jackson v. State Farm Mutual Automobile Insurance Company; Pearl River Circuit Court; LC Case #: 98-0023; Ruling Date: 10/12/2001; Ruling Judge: Michael Eubanks; 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 State Farm Mutual Automobile Insurance Company is extended until January 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 30, 2004. Order entered.

Patrick Lippincott v. Mississippi Bureau of Narcotics; Clay Circuit Court; LC Case #: 2000-58; Ruling Date: 10/08/2001; 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 counsel for Patrick Lippincott is extended until January 15, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 15, 2004. Order entered.

Larry Hymes v. Willard L. McIlwain, Jr., George T. Kelly and George Dunbar Prewitt; Washington Circuit Court; LC Case #: CI-2001-17; Ruling Date: 07/23/2001; 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 Larry Hymes, 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.

Joseph Dreher Stack v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 1999-00304; Ruling Date: 06/15/2001; Ruling Judge: Stephen Simpson; Disposition: Stack's motion to withdraw motion for rehearing is granted. The motion for rehearing filed by counsel for Joseph Dreher Stack is dismissed without prejudice. Diaz, J., not participating. Order entered.

Joseph Dreher Stack v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 1999-00304; Ruling Date: 06/15/2001; Ruling Judge: Stephen Simpson; Disposition: Stack's motion to withdraw motion for rehearing is granted. The motion for rehearing filed by counsel for Joseph Dreher Stack is dismissed without prejudice. Diaz, J., not participating. Order entered.

Jason Wright a/k/a Jason Allen Wright v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 163-01; Ruling Date: 11/20/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Jason Wright 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.

King's Daughters and Sons Circle Number Two of Greenville, Mississippi, a Mississippi Nonprofit Corporation v. Delta Regional Medical Center; Emery Skelton, Chairman, Joe Patterson, George C. Bell, Anne Stark, Benjamin P. Folk, III, M.D., George E. Lewis, Stan Ingram, Members of the Board of Trustees of Delta Regional Medical in their representative capacities as such Trustees; and John Doe 1 and 2; Washington Circuit Court; LC Case #: CI20-0073; Ruling Date: 12/07/2001; 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 counsel for King's Daughters and Sons Circle Number Two of Greenville, Mississippi, is extended until January 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 30, 2004. Order entered.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 01-CV-135(B); Ruling Date: 12/04/2001; Ruling Judge: Robert Bailey; 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 pro se by Larry Wayne McKenzie is extended until January 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 30, 2004. Order entered.

Carolyn Mauldin, Stacy Spearman, David Mitchell, James Clay Hays, Jr. and Mississippi Republican Executive Committee v. Beatrice Branch, Rims Barber, L.C. Dorsey, David Rule, Melvin Horton, James Woodard, Joseph P. Hudson and Robert Norvel; Hinds Chancery Court 1st District; LC Case #: G-2001-1777; Ruling Date: 12/21/2001; Ruling Judge: Patricia Wise; Majority Opinion: Waller, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Easley, J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: McRae, P.J.

In Re: The Appointment of a Conservator for Mrs. John Q. (Margie Allen) DeMoville: Margaret DeMoville v. Dixie Johnson; Lee Chancery Court; LC Case #: 01-0239; Ruling Date: 01/08/2002; Ruling Judge: Charles Thomas; 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 Margaret DeMoville is extended until January 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before January 30, 2004. Order entered.

Mississippi Commission on Judicial Performance v. Johnny C. Hartzog; LC Case #: 2001-242; Ruling Judge: C. Morgan, III; Disposition: Motion to Terminate Interim Suspension filed by the Mississippi Commission on Judicial Performance is granted. By opinion handed down July 25, 2003, this Court suspended Justice Court Judge Johnny C. Hartzog from his duties as Justice Court Judge until further order of this Court. The felony charges have been dismissed and this Court finds the interim suspension previously ordered should be terminated. Diaz, J., not participating. Order entered.

Antwon Leshay Ellis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-1-042; Ruling Date: 02/13/2002; Ruling Judge: W. Yerger; 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 Antwon Leshay Ellis 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.

G. B. "Boots" Smith Corporation v. Henry R. Cobb, Jr. and Richard Cobb; Coahoma Chancery Court; LC Case #: 2000-584; Ruling Date: 03/05/2002; Ruling Judge: William Willard, Jr.; Disposition: Motion for rehearing filed by appellees is denied. McRae, P.J., and Graves, J., would grant. Pittman, C.J., and Diaz, J., not participating.

Bettie Michelle Ginn v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2002-99 R/D; Ruling Date: 08/23/2002; Ruling Judge: George Ready; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.