12/31/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2002-CA-01024-SCT

Timothy James Houck v. Guyolyn Ousterhout; Lamar Chancery Court; LC Case #: 15,050-W; Ruling Date: 05/22/2002; Ruling Judge: Johnny Williams; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Carlson and Graves, JJ., Concur. 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.

Mississippi Department of Public Safety v. Sammie L. Durn; Sunflower Circuit Court; LC Case #: 2000-0504-CI; Ruling Date: 05/21/2002; Ruling Judge: W. Hines; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Easley and Carlson, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion. Diaz, J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: This matter has come before the Court en banc on petition of the Mississippi Court Reporters Association seeking the amendment of Appendix III to the Rules of Appellate Procedure to increase fees allowed reporters for preparing appellate transcripts and for other relief including the exemption of such fees from FICA and PERS withholding. The Court, having considered the petition finds that court reporter fees are established by the legislature. Miss. Code Ann. Section 25-7-89. Likewise, requirements for withholding from earnings under FICA and PERS are governed by federal and state statutes. It is therefore ordered that the petition of the Mississippi Court Reporters Association is denied. The Court will entertain a petition to amend Appendix III to the Rules of Appellate Procedure upon amendment of the statute by the legislature. McRae, P.J. and Diaz, J., not participating. Easley and Graves, JJ., would grant. Order entered.

Clara Wise v. The Valley Bank ; Bolivar Circuit Court 2nd District; LC Case #: 97-0092; Ruling Date: 02/25/2000; Ruling Judge: John Hatcher; Disposition: The motion for rehearing filed by The Valley Bank is granted. The original opinions are withdrawn, and these opinions are substituted therefor. The Court of Appeals' Judgment is Reversed and the Trial Court's Judgment is Affirmed. McRae, P.J., Easley and Graves, JJ., would deny. Pittman, C.J., and Diaz, J., not participating.

Clara Wise v. The Valley Bank ; Bolivar Circuit Court 2nd District; LC Case #: 97-0092; Ruling Date: 02/25/2000; Ruling Judge: John Hatcher; Majority Opinion: Smith, P.J. Disposition: The motion for rehearing filed by The Valley Bank is granted. The original opinions are withdrawn, and these opinions are substituted therefor. The Court of Appeals' Judgment is Reversed and the Trial Court's Judgment is Affirmed. Clara Wise taxed with costs of appeal. Votes: Waller, Cobb and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined by Easley, J. Pittman, C.J, and Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

Billy Ray Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-144; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Consolidated with 2001-KA-00665-SCT Charlie Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-208; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Consolidated with 2001-KA-00656-SCT Jason Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-344; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Majority Opinion: Smith, P.J. Disposition: The State's amended motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Billy Ray Harris: Conviction of murder and sentence of life imprisonment, without parole, in the custody of the Mississippi Department of Corrections, affirmed. Jason Harris: Conviction of murder and sentence of life imprisonment, without parole, in the custody of the Mississippi Department of Corrections, affirmed. Charlie Harris: Conviction of murder and sentence of life imprisonment, without parole, in the custody of the Mississippi Department of Corrections, affirmed. Madison County taxed with costs of appeal. Votes: Waller, Cobb, Easley and Carlson, JJ., Concur. Pittman, C.J., Dissents with Separate Written Opinion Joined by McRae, P.J., and Graves, J. McRae, P.J., Dissents with Separate Written Opinion Joined in Part by Pittman, C.J. Diaz, J., not participating. Dissenting Opinion: Pittman, C.J. Votes: McRae, P.J., and Graves, J., Join This Opinion. Dissenting Opinion: McRae, P.J. Votes: Pittman, C.J., Joins This Opinion in Part.

Charlie Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-208; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Consolidated with 2001-KA-00656-SCT Jason Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-344; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Consolidated with 2001-KA-00507-SCT Billy Ray Harris v. State of Mississippi; Madison Circuit Court; LC Case #: 2000-144; Ruling Date: 02/23/2001; Ruling Judge: John Kitchens; Disposition: The State's amended motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed. Pittman, C.J., McRae, P.J., and Graves, J., would deny. Diaz, J., not participating.

Raytheon Aerospace Support Services and Liberty Mutual Insurance Company v. Ora Miller; Lowndes Circuit Court; LC Case #: 2000-0098-CV1; Ruling Date: 06/01/2001; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by appellee is denied. McRae, P.J., Easley and Graves, JJ., would grant. Diaz, J., not participating.

Willie Bowie, Individually and on behalf of the Heirs at Law of Lois Brown, Deceased v. Montfort Jones Memorial Hospital; Kosciusko Medical Clinic; Perry Lishman, M.D.; Gary Holdiness, M.D.; Richard Carter, M.D.; and Timothy Alford, M.D.; Attala Circuit Court; LC Case #: 99-0209-CV; Ruling Date: 06/19/2001; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Trial Court is Affirmed. Willie Bowie taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J. Waller and Cobb, 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., Join This Opinion.

Charles Glen Pickett v. State of Mississippi; Franklin Circuit Court; LC Case #: 99-0102; Ruling Date: 05/18/2001; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Charles Glen Pickett 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.

Mississippi Municipal Liability Plan v. Frank E. Jordan, Stuart Love, Mary Ann Hill and Manuel Keyes; Smith Chancery Court; LC Case #: 97-0009; Ruling Date: 09/24/2001; Ruling Judge: J. Buffington; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined in Part by Easley, J. Diaz, J., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion in Part.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; 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 James Arthur Hires 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.

Shirley K. Williams v. Clay County, Mississippi; Clay Circuit Court; LC Case #: 2001-0027; Ruling Date: 01/07/2002; Ruling Judge: John Montgomery; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., Cobb and Graves, JJ., would grant. Diaz, J., not participating.

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: Petition for writ of certiorari filed by Antwon Leshay Ellis 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.

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: Petition for writ of certiorari filed by Lonnie Donnelly, pro se, is hereby denied. To Deny: McRae and Smith, P.JJ., Cobb, Easley and Graves, JJ. To Dismiss as Untimely Filed: Pittman, C.J., Waller and Carlson, JJ. Diaz, J., not participating. Order entered.

Franklin Collection Service, Inc. and Unknown Attorney "A" v. Jerry Stewart and Leola Stewart; Noxubee Circuit Court; LC Case #: 2000-198; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00592-SCT Franklin Collection Service, Inc. and Attorney T. Dale Beavers v. R. D. Malone; Noxubee Circuit Court; LC Case #: 2000-199; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00593-SCT Franklin Collection Service, Inc. and Attorney Jeffrey Waldo v. Brenda Cockrell; Noxubee Circuit Court; LC Case #: 2000-205; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00594-SCT Franklin Collection Service, Inc. and Attorney Mary E. Mason v. Walter & Ethel Woods; Noxubee Circuit Court; LC Case #: 2000-203; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00595-SCT Franklin Collection Service, Inc. and Attorney Jeffrey Waldo v. William D. Binion; Noxubee Circuit Court; LC Case #: 2000-206; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00596-SCT Franklin Collection Service, Inc. and Attorney T. Dale Beavers v. Shalonda Jones a/k/a Shalonda Smart; Noxubee Circuit Court; LC Case #: 2000-202; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00597-SCT Franklin Collection Service, Inc. and Attorney T. Dale Beavers v. Annie P. Tate; Noxubee Circuit Court; LC Case #: 2000-201; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00598-SCT Franklin Collection Service, Inc. and Attorney T. Dale Beavers v. Lee V. Wilkerson; Noxubee Circuit Court; LC Case #: 2000-200; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Consolidated with 2002-IA-00599-SCT Franklin Collection Service, Inc. and Attorney Mary E. Mason v. Bessie M. Neal; Noxubee Circuit Court; LC Case #: 2000-204; Ruling Date: 04/04/2002; Ruling Judge: Lee Howard; Majority Opinion: Cobb, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, P.J., Waller and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion. Pittman, C.J., Diaz and Easley, JJ., not participating. Dissenting Opinion: McRae, P.J.

Peggy Sloan Starns v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 283-01; Ruling Date: 04/20/2002; Ruling Judge: Larry Roberts; Majority Opinion: Cobb, J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, together with payment of court costs and fees, affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

John H. Ware, Individually, and on Behalf of Others v. Entergy Mississippi, Inc.; Adams Circuit Court; LC Case #: 97-0122-S; Ruling Date: 05/20/2002; Ruling Judge: Lillie Sanders; Majority Opinion: Carlson, J. Disposition: Affirmed in Part; Reversed in Part; and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Graves, J., Concurs in Result Only. Easley, 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. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: McRae, P.J.

Joseph Wise, Charlene C. Wise and Elizabeth Ramsey Wise, Minor, by and through Her Mother and Next Friend, Charlene C. Wise v. United Services Automobile Association; Hinds Circuit Court 1st District; LC Case #: 251-97-63CIV; Ruling Date: 04/12/2002; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by appellants is denied. McRae, P.J., Easley and Graves, JJ., would grant. Diaz, J., not participating.

Joseph Wise, Charlene C. Wise and Elizabeth Ramsey Wise, Minor, by and through Her Mother and Next Friend, Charlene C. Wise v. United Services Automobile Association; Hinds Circuit Court 1st District; LC Case #: 251-97-63CIV; Ruling Date: 04/12/2002; Ruling Judge: W. Yerger; Disposition: Wises' motion to strike appellee's response in opposition to motion for rehearing is denied. Diaz, J., not participating. Order entered.

City of Clinton, Mississippi v. Ernest Smith; Hinds Circuit Court 1st District; LC Case #: 251-99-443; Ruling Date: 08/12/2002; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellee is denied. McRae, P.J., would grant. Diaz, J., not participating.